General Terms and Conditions

General Terms and Conditions of Sale for the Hensoldt Cyber Online Shop

  1. Scope of application

(1) These General Terms and Conditions of Sale (hereinafter referred to as “General Terms”) apply to all contracts concluded via our online shop between us, the

HENSOLDT Cyber GmbH

Willy-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany

Managing Director: Marian Rachow

Register Court Munich HRB 236520  

Telephone number: +49 89 515 18 0

E-mail address: info@hensoldt-cyber.com

(2) and you as our customer. The General Terms apply regardless of whether you are a consumer, an entrepreneur or a merchant.

(3) All agreements made between you and us in connection with the purchase contract result in particular from these General Terms our written order confirmation and our declaration of acceptance.

(4) Decisive shall be the version of the General Terms which is valid at the time the contract is concluded.

(5) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.

  1. Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a binding contract.

(2) By submitting an order via the online shop by clicking the button “order with obligation to pay”, you submit a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if applicable according to clause 4, remains unaffected.

(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless the e-mail not only confirms receipt of the order but also declares acceptance.

(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.

(5) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we shall refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this without delay and refund any consideration already received without delay.

(6) We do not deliver to the countries mentioned in the following link: [LINK].

  1. Registration

The registration of a user account is necessary for orders in our online shop, the data for the user account must be complete and correct and always kept up to date. For the handling of this data, paragraph 10 of these General Terms applies.

  1. Right of withdrawal for consumers

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you, as a consumer, make use of your right of withdrawal according to number 4 (1), you have to bear the regular costs of the return shipment.

(3) In all other respects, the provisions which are set out in detail in the following cancellation policies shall apply to the right of withdrawal:

If you purchased one or more products in our online shop that are delivered in one shipment, the following withdrawal policy applies:

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us, HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, Tel: +49 89 51518 0, E-Mail: info@hensoldt-cyber.com, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.

In order to comply with the withdrawal period, it is sufficient to send the declaration of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw from this Agreement, we are obligated to reimburse you for all payments we have received from you, including delivery charges (except for additional costs resulting from the fact that you have chosen a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have dispatched the goods, whichever is the earlier.

You must dispatch or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the withdrawal from this contract. This deadline shall be deemed to be met if you dispatch the goods before the expiry of the 14-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is caused by handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

– End of withdrawal policy –

If you purchased several products in our online shop, which are delivered in partial deliveries, the following withdrawal policy applies:

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us, HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, Tel: +49 89 51518 0, E-Mail: info@hensoldt-cyber.com, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.

In order to comply with the withdrawal period, it is sufficient to send the declaration of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw from this Agreement, we are obligated to reimburse you for all payments we have received from you, including delivery charges (except for additional costs resulting from the fact that you have chosen a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have dispatched the goods, whichever is the earlier.

You must dispatch or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the withdrawal from this contract. This deadline shall be deemed to be met if you dispatch the goods before the expiry of the 14-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

– End of cancellation policy –

(4) The right of withdrawal does not apply to distance contracts

– for the delivery of goods which have been produced according to customer specifications or which are clearly tailored to personal requirements of the customer or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date has been exceeded,

– for the delivery of audio or video recordings or of software, if you have unsealed the delivered data carriers.

(5) Right of withdrawal for digital content:

If you have purchased digital content in the online shop (for example software that is made available via download), the following withdrawal policy applies:

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period is 14 days from the day on which the contract was concluded.

In order to exercise your right of withdrawal, you must inform us, HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, Tel: +49 89 51518 0, E-Mail: info@hensoldt-cyber.com, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.

In order to comply with the withdrawal period, it is sufficient to send the declaration of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw from this Agreement, we are obligated to reimburse you for all payments we have received from you, including delivery charges (except for additional costs resulting from the fact that you have chosen a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

– End of cancellation policy –

The right of withdrawal expires if we have started to execute the contract after you had expressly agreed that the execution of the contract shall be started before the end of the withdrawal period and had confirmed that you are aware that you thereby lose the right of withdrawal.

(6) Model withdrawal form for consumers

(If you want to withdraw from the contract, please fill out this form and send it back)

– To HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, e-mail address: info@hensoldt-cyber.com

– I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

– Ordered on ()/received on ()

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in case of communication on paper)

– Date

_______________

(*) Delete if not applicable.

  1. Terms of delivery and reservation of prepayment

(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period shall be approximately five (5) working days, unless otherwise agreed. It begins – subject to the provision in paragraph 3 – with the conclusion of the contract.

(3) In the case of orders from customers with residence or place of business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (“reservation of prepayment”). If we make use of the reservation of prepayment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and the shipping costs.

  1. Prices and shipping costs

(1) All prices quoted in our online shop are gross prices including the statutory value-added tax and do not include shipping costs.

(2) The shipping costs are stated in our price quotations in our online shop. The price including VAT and any shipping costs incurred will also be displayed in the order mask before you submit the order.

(3) If we fulfil your order by partial deliveries according to clause 5 (1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively withdraw from your contractual declaration in accordance with clause 4, you can demand reimbursement of the costs already paid for shipping to you (shipping costs) under the legal requirements (see clause 4 (3) for other consequences of withdrawal).

  1. Terms of payment and offsetting and right of retention

(1) You may choose to transfer the purchase price and the shipping costs to our account specified in the online shop, to give us a direct debit authorization or to pay by EC-/Maestro- or credit card. We may also offer Paypal in the future, which we will inform you about in the online shop. In case of a direct debit authorization or payment by EC-/Maestro- or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A granted direct debit authorization shall also apply to further orders until revoked.

(2) You shall not be entitled to offset against our claims unless your counterclaims have been determined with legal effect or are undisputed. You shall also be entitled to offset against our claims if you assert notices of defects or counterclaims from the same contract.

(3) As a purchaser, you may only exercise a right of retention if your counterclaim arises from the same contract.

  1. Retention of title

The delivered products remain our property until full payment of the purchase price.

  1. Warranty, liability

(1) Warranty and liability for providing software free of charge

We shall only be liable for material defects and defects of title, irrespective of the legal grounds, if we have fraudulently concealed the respective material defect or defect of title. Otherwise, we, our legal representatives and vicarious agents shall only be liable for compensation for any damages incurred in the event of wilful or grossly negligent misconduct due to the provision of the software free of charge. Claims under the Product Liability Act shall remain unaffected.

(2) Warranty for chargeable products and software if you are an entrepreneur: If the products have a remediable material defect or defect of title, you shall be entitled to claim rectification against us. We can also eliminate defects in software by providing an update. In the event of any claims for damages, Section 9 (4) shall apply. The warranty period for material defects and defects of title for products which you have purchased as an entrepreneur shall be 12 months. This does not apply if the liability is based on the statutory provisions according to number 9 (3).

(3) Warranty for chargeable products if you are a consumer: The statutory warranty provisions apply.

(4) Limitation of liability for chargeable products: If you have purchased the products against payment, we are liable, regardless of the legal grounds, only in accordance with the following regulations:

In the following cases the liability is based on the statutory provisions:

  • for damages caused intentionally or by gross negligence,
  • for damages resulting from non-compliance with guarantees given in writing to the extent covered by the purpose of the guarantee,
  • in case of malice,
  • in the event of bodily injury or personal injury,
  • in cases of product liability according to the German Product Liability Act.

Insofar as liability is not governed by the statutory provisions in accordance with the above list, the following shall apply: In cases of ordinary negligent violation of only insignificant contractual obligations, we shall not be liable for damages. Otherwise, liability for damages caused by ordinary negligence shall be limited to those damages that must typically be expected to occur within the scope of the respective contractual relationship (foreseeable damages typical of the contract). This also applies to negligent breaches of duty by legal representatives, executive employees or simple vicarious agents. If you are an entrepreneur, the parties agree that the contract-typical foreseeable damages resulting from breaches of duty under these General Terms shall correspond at most to the value of the remuneration paid to us under these General Terms. The above limitations of liability shall also apply to claims for reimbursement of expenses.

(5) Insofar as our liability is excluded or limited under these provisions, this shall also apply to the liability of our executive bodies, vicarious agents and assistants, including our employees.

  1. Data protection

We comply with the data protection regulations. The data protection declarations can be found at https://www.hensoldt-cyber.com/data-privacy-statement.

  1. Special conditions for the purchase of software in the online shop

(1) Rights of use within the scope of the purchase of software

These general terms and conditions grant you the following rights of use for the software:

(a) By downloading the Software, we grant you the non-exclusive right to use the Software on a device which is owned or controlled by you and on which the Software is executable in accordance with the system requirements which you can view prior to conclusion of these General Terms.

(b) The right of use does not include the provision of the Software over a network for simultaneous use on multiple end devices.

(c) The above terms and conditions shall also apply to all updates/upgrades and program supplements for the Software that we provide to you for download, unless these are the subject of a separate agreement. In this case, only the provisions of the terms and conditions applicable to the respective update/upgrade or program supplement shall apply.

All other rights are reserved by us.

(2) Restrictions on use

(a) In the relationship between us and you, we remain the exclusive owner of the rights to all copies of the software.

(b) Subject to the rights to which you are legally entitled (see Section 11 (3) lit. e), you are not entitled to copyright exploitation of the Software.

(3) In particular, you are not permitted to

(a) provide, publish, license, sell or otherwise commercially exploit or distribute the Software, in part or in whole, to third parties, whether for payment or free of charge. No rights to the Software may be rented, leased or otherwise transferred;

(b) modify, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt, in part or in whole, to derive the source code;

(c) install or use, in part or in whole, on hardware that does not meet the system requirements.

(d) You may not remove, alter or obscure existing copyright notices or similar indications of ownership.

(e) Your mandatory legal rights remain unaffected.

(4) FOSS and third-party components when purchasing software

(a) The Software may contain components of free and open source software (“FOSS”). FOSS is governed primarily by the FOSS Terms and Conditions, available at https://hensoldt-cyber.com/legal.

(b) The Software may also contain or use proprietary components (software or content) of third parties. These are governed primarily by the terms and conditions for third-party content, available at https://hensoldt-cyber.com/legal. If rights to such third-party content are granted directly by third parties, you will enter into a contract with the respective third party in accordance with the applicable terms and conditions. In the event of an infringement, the third party may assert claims against you.

(c) By entering into the terms and conditions applicable to FOSS and third party proprietary components, you undertake towards us and the respective licensor to comply with them.

(5) Obligation to cooperate in the purchase of software

(a) When using the Software, you must observe the due diligence required for its use.

(b) You are obligated tp only use the Software lawfully in accordance with these General Terms and Conditions and in compliance with applicable law.

(c) You are solely responsible for fulfilling and maintaining the system requirements and for procuring and operating all other aids for the appropriate and proper use of the Software, in particular suitable hardware, suitable software and a sufficiently dimensioned Internet and mobile telephone connection. You are solely responsible to us for the security of your systems and for their protection against malware and attacks.

(d) You will check at reasonable intervals whether we have provided an update for the Software. You must install any available updates immediately, unless this is unreasonable for you.

(6) Support

You are not entitled to the provision of support services such as updates or advice outside the warranty. The warranty period does not start again due to the support services we provide.

  1. Reservation of right to alterations

We reserve the right to alter these General Terms with effect for the future. We will send you the amended Terms and Conditions by e-mail at least 30 days before they come into force and point out that these new General Terms are also intended to apply to a current contract and that you have the right to object to the validity of these General Terms. If you do not object to the validity of the new General Terms within this period or if you use the contents of the offer after the amended General Terms have come into force, the new General Terms are deemed to be accepted. We will draw your attention to the significance of the 30-day period, the right of objection and the legal consequences of silence in a suitable form.

  1. Applicable law and jurisdiction, online dispute resolution platform

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is our registered office. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

(3) The EU Online Dispute Resolution Platform for online consumer contracts can be found at http://ec.europa.eu/consumers/odr/. The Austrian conciliation body for consumer transactions can be found at http://www.verbraucherschlichtung.or.at/. We do not take part in any dispute resolution proceedings before a consumer arbitration board and are not legally obliged to do so.

Status: March 19th, 2020