General Terms and Conditions
Global SafeTrack Systems GmbH
General Terms and Conditions for Private Customers (D)
(Version dated April 2022)
Your purchase contract is concluded with
Global SafeTrack Systems GmbH
Filzenweg 14 › 83071 Stephanskirchen
Commercial register: HRB Traunstein 23481
Managing Director: Markus Schlittenbauer
Tax no. 156/127/50014
VAT ID DE294914166
Telephone (08036) 301 31-82 › Fax 301 31-81
info@globalsafetrack.com
HypoVereinsbank › Bic: HYVEDEMMXXX
Iban: DE06 7002 0270 001 5466 489
1. Scope
1.1 These General Terms and Conditions, in the version valid at the time of conclusion of the respective contract, shall always apply to all mutual claims arising from and in connection with the conclusion of a contract between the customer and Global SafeTrack Systems in the mail order business, including the special terms and conditions of Global SafeTrack Systems for the various services that do not involve the ordering of goods. The special terms and conditions for the services can be found with the respective services offered.
1.2 In the event of conflicts, the following order of priority shall apply between the provisions:
1. Special terms and conditions for the individual services;
2. These General Terms and Conditions;
3. Statutory provisions.
2. Participants
Global SafeTrack Systems concludes contracts with customers who
a) are natural persons with unlimited legal capacity who have reached the age of 18, and
b) legal entities, each with their place of residence or registered office in the Federal Republic of Germany, a member state of the European Union or Switzerland (hereinafter referred to as ‘customers’). If an offer from a non-accepted participant has been accidentally accepted by Global SafeTrack Systems, Global SafeTrack Systems is entitled to declare its withdrawal from the contract to the customer within a reasonable period of time.
3. Subject matter of the contract
Global SafeTrack Systems delivers the goods ordered by the customer or provides services within the scope of the acceptance of the offer. In all other respects, Section 434 (1) sentence 3 of the German Civil Code (BGB) shall apply. In the event of withdrawal/revocation, Global SafeTrack Systems shall be obliged to immediately credit any down payments and/or advance payments made, or to refund them by cheque or bank transfer upon request. In the case of a financed transaction, Section 5.3 shall apply accordingly.
4. Conclusion of contract
4.1 The contract is concluded upon acceptance of the customer's order by Global SafeTrack Systems.
Acceptance by Global SafeTrack Systems takes place upon receipt of the goods by the customer after dispatch of the goods by Global SafeTrack Systems or upon performance of the service at the customer's premises by Global SafeTrack Systems. If the customer orders via the Internet, Global SafeTrack Systems will immediately confirm receipt of the order electronically. However, an order confirmation does not yet constitute acceptance of the contract.
4.2 The contract language is German.
5. Cancellation policy
5.1 Due to the customer's statutory right of cancellation, the order and its acceptance by Global SafeTrack Systems initially result in a provisionally effective contractual relationship. The customer may revoke their contractual declaration within fourteen days without stating reasons in writing (e.g. letter, fax, email) or – if the goods are delivered to them before the expiry of this period – by returning the purchased goods. The period begins upon receipt of this instruction in writing, but not before the goods are received by the customer and not before we have fulfilled our information obligations in accordance with § 312 c) (1) BGB in conjunction with Art. 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and in accordance with § 312 g) (1) sentence 1 BGB in conjunction with Art. 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation must be sent to:
Global SafeTrack Systems GmbH
Filzenweg 14 › 83071 Stephanskirchen
Commercial register: HRB Traunstein 23481
5.2 Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the customer is unable to return or surrender the received services and benefits (e.g. advantages of use) in whole or in part, or only in a deteriorated condition, the customer must compensate for the loss in value. The customer only has to pay compensation for the deterioration of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond the examination of its properties and functionality. ‘Examination of the properties and functionality’ means testing and trying out the respective goods, as is possible and customary in a shop.
Items that can be sent by parcel post are to be returned at our risk. If it is not possible to return the goods as a parcel due to their weight or bulkiness, it is sufficient for the customer to send a written request for return to Global SafeTrack Systems within the 14-day period from receipt of the goods. The customer shall bear the regular costs of the return shipment if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or, in the case of a higher price, if the customer has not yet rendered the consideration or a contractually agreed partial payment at the time of revocation. Otherwise, the return shipment is free of charge for the customer.
Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the goods, for us with their receipt.
The right of withdrawal does not apply
• to deliveries of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded,
• to deliveries of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer
• for the delivery of newspapers, magazines and illustrated magazines, unless the consumer has submitted his contractual declaration by telephone.
Please note the following information before returning devices with storage media (e.g. hard drives, USB sticks, mobile phones, etc.):
You are responsible for backing up your data. Please make appropriate backup copies or delete any personal data contained therein. This is particularly important if personal data of third parties is stored.
If deletion is not possible due to a defect, we ask you to expressly inform us of the existence of personal data. Please note this clearly on the return slip.
5.3 Financed transactions
If you finance this contract with a loan and later revoke it, you are no longer bound by the loan agreement, provided that both contracts form an economic unit. This is particularly likely to be the case if we are also your lender or if your lender makes use of our assistance with regard to financing. If we have already received the loan when the revocation takes effect or when the goods are returned, your lender shall assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return.
If you wish to avoid a contractual commitment as far as possible, exercise your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.
End of the revocation policy.
6. Cost bearing agreement
In the event that you exercise your right of withdrawal, it is agreed that you shall bear the regular costs of the return shipment if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed £40.00 or, in the case of a higher price, if you have not provided the consideration or a contractually agreed partial payment. Otherwise, the return shipment is free of charge for you.
.
7. Lack of availability of ordered goods or services
If, after receiving the order, Global SafeTrack Systems determines that the ordered goods or services are no longer available from Global SafeTrack Systems, any payments already made will be refunded immediately. Global SafeTrack Systems may send or offer or provide the customer with goods or services of equivalent quality and price. In this case, the customer is not obliged to accept and does not have to bear the costs of the return shipment.
8. Delivery/shipping costs
8.1 We charge a flat shipping fee of €8.95 within Germany. For online orders, the resulting amount will be shown in numerical form in the shopping basket before you submit your binding order.
8.2 If the customer orders a delivery using the 24-hour service and the goods do not arrive within a reasonable period of time in individual cases, the customer is entitled to withdraw from the contract and return the goods to Global SafeTrack Systems. Claims for damages are excluded in this case, unless Global SafeTrack Systems is guilty of intent or gross negligence.
8.3 Subject to delivery to itself, Global SafeTrack Systems will ensure
fast delivery. If only part of the order is not immediately available, the remaining goods will be
delivered without recalculating the flat-rate transport fee.
9. Price, terms of payment
9.1 The prices quoted in private customer catalogues are final prices and include the VAT applicable on the date of publication of the catalogue. If there is a statutory increase in VAT after the catalogue has been published, Global SafeTrack Systems is obliged to charge the increased VAT rate. The prices quoted in business catalogues are generally net prices. In the event of price increases in the book market, Global SafeTrack Systems is obliged to pass on price increases due to price fixing.
9.2 In addition to the net price for the goods, the invoice shall show the prices for supplementary services: packaging, shipping, 24-hour service, etc., as well as the VAT applicable at the time of invoicing (for private customers).
9.3 For orders placed via the Global SafeTrack Systems website, the catalogue prices do not apply; instead, the prices indicated when placing an order under the ‘Check and order’ button apply.
9.4. To safeguard against credit risk in individual cases, Global SafeTrack Systems reserves the right to exclude certain payment methods and to only carry out requested deliveries against advance payment, cash on delivery or immediate payment upon delivery.
10. Retention of title
Global SafeTrack Systems retains ownership of all goods delivered to a customer until final and complete payment for the delivered goods has been made. Insofar as Global SafeTrack Systems replaces goods within the scope of the warranty, it is hereby agreed that ownership of the goods to be replaced shall be transferred from the customer to Global SafeTrack Systems and vice versa at the point in time at which Global SafeTrack Systems receives the goods returned by the customer or the customer receives the replacement delivery from Global SafeTrack Systems.
11. Warranty
11.1 Global SafeTrack Systems warrants that the products are free from material defects and defects of title in accordance with Sections 434 and 435 of the German Civil Code (BGB) at the time of transfer of risk.
11.2 If delivered goods have obvious material or manufacturing defects, including transport damage, the customer is requested to report such defects to Global SafeTrack Systems as soon as possible. However, failure to do so has no consequences for your legal claims. In all other respects, the statutory provisions pursuant to Sections 434 et seq., 475 (1) BGB apply.
11.3 The warranty period for new goods is two years. The warranty period for used goods marked as refurbished and/or demonstration goods in the respective offers is 12 months. The respective warranty period begins when the goods are received by the customer.
11.4 In the event of a defect, the customer may, at their discretion, demand that the defect be remedied or that a defect-free item be delivered in accordance with Section 439 of the British Civil Code (BGB). Global SafeTrack Systems may refuse the type of subsequent performance chosen by the buyer within the scope of Section 439 if it is only possible at disproportionate cost. If the defect cannot be remedied during a repair, even after a second attempt, the customer is entitled, within the scope of § 439 BGB, to demand the delivery of a defect-free item, to reduce the purchase price or to withdraw from the contract. In all other respects, § 437 BGB applies.
11.5 The statutory provisions shall apply with regard to any claims for damages due to defects in the goods.
11.6 Warranty claims are subject to the condition that the defect has not been caused by improper use or overuse. If a defect only becomes apparent more than 6 months after delivery, the customer must provide evidence that the item was defective at the time of transfer of risk. Otherwise, Global SafeTrack Systems shall be free to prove that the item did not have any material defects at the time of delivery.
11.7 If you have made use of the 48-month long-term warranty, § 443 BGB with extended customer rights shall apply. In particular, there shall be no reversal of the burden of proof after 6 months.
12. Liability
12.1 Global SafeTrack Systems, its management and its employees shall be liable in cases of positive breach of contract, delay, impossibility, tort and other legal grounds (except for pre-contractual breaches) in cases of intent and gross negligence. In the event of culpable damage to life, health or body, in the event of culpable breach of cardinal contractual obligations (main contractual obligations) or in the event of fraudulent misrepresentation, as well as in the event of a claim for compensation in accordance with Section 437 (2) of the British Civil Code, Global SafeTrack Systems shall be liable to the extent provided for by law. Only in the event of a breach of cardinal obligations is the liability of Global SafeTrack Systems employees limited to typical, foreseeable damage. The term ‘cardinal obligation’ is used either to designate a specifically described, material breach of duty that jeopardises the achievement of the purpose of the contract, or is explained abstractly as an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. In the event of default, the business customer has the right to withdraw from the contract as an alternative to claiming damages.
12.2 In the event of data loss, Global SafeTrack Systems shall only be liable if the customer has verifiably backed up the data at least once a day on a regular basis. Liability for data loss is limited to the cost of restoration if a backup copy is available, unless the data loss was caused by Global SafeTrack Systems intentionally or through gross negligence. Otherwise, liability is excluded except in cases of intent or gross negligence.
12.3.1 The scope of Global SafeTrack Systems' liability under the Product Liability Act remains unaffected.
12.3.2 ‘Global SafeTrack Systems Ltd’ is not liable:
No commitment is made regarding future operational readiness or uninterrupted and locally comprehensive operational readiness of all elements of the communication system. Consequential damages resulting from the fact that a satellite communication system no longer functions in whole or in part, temporarily or locally, or indefinitely, cannot be claimed. Any contributory negligence on the part of the customer shall be taken into account. No liability can be accepted for the terms and conditions of network operators. It is beyond the control of Global SafeTrack Systems GmbH if the operators of satellite communication networks change the terms and conditions for prepaid credit, such as credit validity, SIM card expiry, tariff structures or similar, or if monthly basic fees for the provision of services or service charges for connections are changed. The customer is requested to contact the respective network operator directly if they have any objections in this regard.
d. A return and the resulting refund of payments made is possible within the scope of the right of withdrawal for consumers as defined by law. The cancellation policy is confirmed separately by the customer before the order is completed.
12.3.3 Force majeure
a. In the event that ‘Global SafeTrack Systems GmbH’ is unable to perform the service owed due to force majeure (in particular war, natural disasters), it shall be released from its performance obligations for the duration of the hindrance.
b. If ‘Global SafeTrack Systems GmbH’ is unable to execute the order or deliver the goods for more than one month due to force majeure, the customer is entitled to withdraw from the contract.
c. ‘Global SafeTrack Systems GmbH’ undertakes that the satellite communication system for which the goods are delivered will be essentially operational at the time of delivery. No commitment is made regarding future operational readiness or uninterrupted and locally continuous operational readiness of all elements of the communication system. Consequential damages resulting from the fact that a satellite communication system no longer functions in whole or in part, temporarily or locally, or indefinitely, cannot be claimed.
12.4 The above provisions (10 and 11) reflect the full scope of liability of Global SafeTrack Systems, its management and its employees.
13. Choice of law
13.1 German law applies to the legal relationships between Global SafeTrack Systems and customers as well as to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1988 is excluded.
13.2 The provisions of clause 12.1 shall not affect mandatory provisions of the law of the country in which the customer has their habitual residence if and to the extent that the customer has concluded a purchase contract that cannot be attributed to the customer's professional or commercial activity (consumer contract) and if the customer has performed the legal acts necessary to conclude the purchase contract in the country of his habitual residence.
14. Miscellaneous
14.1 The customer shall have no right of set-off or retention unless the claim is undisputed or has been legally established by a court of law.
14.2 Should individual provisions of this contract be wholly or partially invalid or later lose their legal validity, this shall not affect the validity of the rest of the contract.
14.3 The catalogue distributed by us / the website operated by us and its entire content, in particular texts, photos, images, graphics, illustrations and any software, as well as all trademarks, patents and utility models, are protected against unauthorised use by industrial property rights, in particular copyrights, name and image rights, trademarks, patents in force or utility models. Any use other than selecting and purchasing goods requires our prior written consent or, if we do not hold the respective rights, the consent of the rights holder.
14.4 The exclusive place of jurisdiction is Munich or another legal place of jurisdiction at the discretion of Global SafeTrack Systems, provided that the customer is a merchant within the meaning of the German Commercial Code or a public corporation.
As of: 04/2018
The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at http://ec.europa.eu/consumers/odr.
Privacy policy:
This privacy policy applies to all InReach tariffs: https://www.garmin.com/de-DE/privacy/inreach/polic...
Cancellation policy & cancellation form
5. Cancellation policy
5.1 Due to the customer's statutory right of cancellation, the order and its acceptance by Global SafeTrack initially result in a provisionally effective contractual relationship. The customer may withdraw from the contract within fourteen days without giving reasons in writing (e.g. letter, fax, email) or – if the goods are delivered before the expiry of this period – by returning the purchased item. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the customer and also not before fulfilment of our information obligations in accordance with § 312 c) para. 1 BGB in conjunction with Art. 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and in accordance with § 312 g) para. 1 sentence 1 BGB in conjunction with Art. 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. This revocation does not apply to data tariffs, which become valid upon activation.
The revocation must be sent to:
Global SafeTrack Systems GmbH
Filzenweg 14 › 83071 Stephanskirchen
Commercial register: HRB Traunstein 23481
Managing Director: Markus Schlittenbauer
Tax no. 156/127/50014
VAT ID DE294914166
Telephone (0 8036) 301 31-82 › Fax 301 31-81
info@globalsafetrack.com
5.2 Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the customer is unable to return or surrender the received services and benefits (e.g. advantages of use) in whole or in part, or only in a deteriorated condition, the customer must compensate for the loss in value. The customer only has to pay compensation for the deterioration of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond the examination of its properties and functionality. ‘Examination of the properties and functionality’ means testing and trying out the respective goods, as is possible and customary in a shop.
Items that can be sent by parcel post are to be returned at our risk. If it is not possible to return the goods as a parcel due to their weight or bulkiness, it is sufficient for the customer to send a written request for return to Global SafeTrack within the 14-day period from receipt of the goods. The customer shall bear the regular costs of the return shipment if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or, in the case of a higher price, if the customer has not yet provided the consideration or made a contractually agreed partial payment at the time of revocation. Otherwise, the return shipment is free of charge for the customer.
Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the goods, for us with their receipt.
The right of withdrawal does not apply
• to deliveries of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded,
• to deliveries of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer
• for the delivery of newspapers, magazines and illustrated magazines, unless the consumer has submitted his contractual declaration by telephone.
Please note the following information before returning devices with storage media (e.g. hard drives, USB sticks, mobile phones, etc.):
You are responsible for backing up your data. Please make appropriate backup copies or delete any personal data contained therein. This is particularly important if personal data of third parties is stored.
If deletion is not possible due to a defect, we ask you to expressly inform us of the existence of personal data. Please note this clearly on the return slip.
5.3 Financed transactions
If you finance this contract with a loan and later revoke it, you are no longer bound by the loan agreement, provided that both contracts form an economic unit. This is particularly likely to be the case if we are also your lender or if your lender makes use of our assistance with regard to financing. If we have already received the loan when the revocation takes effect or when the goods are returned, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return.
If you wish to avoid a contractual commitment as far as possible, exercise your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.
End of the cancellation policy.
The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at http://ec.europa.eu/consumers/odr.
