Legal Information
Terms & Conditions
These Terms and Conditions apply to orders placed by consumers through our online shop. The contracting party is Orbivate. Mandatory statutory consumer rights remain unaffected.
1. Scope & Definitions
(1) These Terms and Conditions apply to all orders placed by consumers through the Orbivate online shop. Our online shop is intended exclusively for consumers.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
(3) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
(4) Deviating or conflicting terms and conditions shall not apply unless we expressly agree to their validity.
(5) Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.
Definitions⌄
- Goods are physical products, in particular projectors, screens, mounts, cables, remote controls and accessories.
- Accessories include supplementary installation, connection, storage and usage products.
- Business days are Monday to Friday, excluding public holidays at the place of dispatch or destination.
2. Contracting Party, Formation of Contract & Correction Options
(1) The purchase contract is concluded with:
(2) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
(3) You may initially add our products to your cart without obligation and review and correct your entries before submitting your order using the correction tools provided during the ordering process.
(4) By clicking the order button, you submit a binding offer for the goods contained in your cart. Confirmation of receipt of your order will be sent by email immediately after you submit your order.
(5) We accept your offer by sending you a declaration of acceptance by email, by dispatching the goods, or — where the payment method provides for it — by the payment transaction being processed by the payment service provider. Whichever of these events occurs first shall be decisive.
(6) We may decline or cancel orders for legitimate reasons, in particular where goods are unavailable, in the event of obvious pricing or input errors, suspected fraud, payment risks, technical malfunctions, or legal or regulatory requirements. Any payments already made will be refunded in such cases, unless a statutory right of retention applies.
(7) Your statutory right of withdrawal remains unaffected.
3. Contract Language & Storage of Contract Text
(1) The language available for concluding the contract is English, unless another contract language is expressly offered at checkout.
(2) We store the contract text and will send you the order details and these Terms and Conditions in text form, typically by email. The contract text is not permanently accessible via the online shop for security reasons.
4. Prices & Shipping Costs
(1) The prices shown in the online shop and at checkout at the time of ordering apply.
(2) Shipping costs, delivery areas and any shipping options are indicated in the online shop, in the shipping information, or at the latest at checkout.
(3) For deliveries outside the country of dispatch, additional costs may arise, in particular customs duties, import VAT, taxes or other charges. Such costs are to be borne by you unless they are expressly included at checkout or covered by us.
(4) Obvious pricing, typographical or calculation errors entitle us to contest or correct them in accordance with statutory provisions. In such cases, we will notify you without delay and refund any payments already made.
5. Payment & Retention of Title
(1) The payment methods available in our online shop are those displayed at checkout.
(2) The charging or processing of payment is governed by the selected payment method and the terms of the respective payment service provider. Further information is provided during the ordering process.
(3) You ensure that the payment details you provide are correct and that sufficient funds or credit are available.
(4) The goods remain our property until payment has been made in full.
Chargebacks & Payment Reversals⌄
Where a chargeback, payment reversal or other failed payment is attributable to you, we reserve the right to claim the resulting costs to the extent permitted by law. Statutory rights of set-off remain unaffected.
6. Delivery & Transfer of Risk
(1) Delivery is made to the delivery address specified at checkout within our available delivery areas.
(2) Delivery is by postal/courier service only. Collection in person is only possible where we expressly offer this option.
(3) Delivery times are shown on the respective product page, in the shipping information or at checkout.
(4) Partial deliveries are permitted where reasonable for you. No additional shipping costs will arise unless expressly agreed otherwise.
(5) For consumers, the risk of accidental loss or accidental deterioration of the goods passes only upon handover of the goods to you or to a person authorised by you to receive them.
Non-Deliverability, Incorrect Address & Failure to Collect⌄
You are responsible for providing a complete and correct delivery address. If a shipment is returned to us due to an incorrect address, refusal of acceptance or failure to collect, we may charge you the resulting additional costs to the extent permitted by law and to the extent attributable to you.
7. Right of Withdrawal & Returns
(1) Consumers have a statutory right of withdrawal. Details regarding the withdrawal period, how to exercise it, the consequences of withdrawal and the model withdrawal form can be found in our Cancellation Policy.
(2) Returns are handled in accordance with the Cancellation Policy. You are only responsible for the direct costs of return shipping where this is permitted by law and stated accordingly in the Cancellation Policy.
(3) Please return the goods as completely as possible, with all accessories and in suitable packaging. This is not a prerequisite for the effective exercise of your right of withdrawal, but may help avoid damage in transit and facilitate processing.
(4) You are only liable for any diminished value of the goods if that diminished value is due to handling beyond what is necessary to check the nature, characteristics and functioning of the goods.
8. Warranty & Guarantees
(1) Statutory warranty law applies.
(2) In the event of defects, you are entitled to your statutory rights, in particular supplementary performance, price reduction, withdrawal and damages, provided the respective statutory requirements are met.
(3) Please inspect the goods upon receipt and notify us as promptly as possible of any obvious damage in transit or defects. A delayed notification does not result in the loss of your statutory rights as a consumer.
Guarantees⌄
Where we or a manufacturer provide an additional guarantee, the content, duration, geographical scope and conditions are set out in the respective guarantee terms. Your statutory warranty rights are not affected or restricted by any guarantee.
Customer service for questions, complaints and claims: info@orbivate.com
9. Use, Installation & Safety
(1) Our products must be used in accordance with the respective product description and any applicable instructions for use, installation, care and safety.
(2) For electrical and electronic products, in particular projectors, the enclosed safety and usage instructions must be observed with particular care. These include instructions regarding power supply, ventilation, heat generation, moisture, placement and cleaning.
(3) For screens, mounts or other installation accessories, the respective installation instructions must be followed. Improper installation or use may result in damage, malfunctions or injury risks.
(4) Normal wear and tear, improper use, incorrect power supply, overheating, moisture, dropping, unauthorised modifications, third-party interference, repair attempts or use contrary to the instructions may affect claims to the extent permitted by law.
Product & Safety Notes⌄
Depending on the product, specific instructions may apply, for example regarding placement, distance, ventilation, projection surface, power supply, cleaning, wall mounting or accessories. Please refer to the respective product information.
10. Liability
(1) We are always fully liable for claims arising from damage caused by us, our legal representatives or vicarious agents:
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of guarantee commitments, where agreed,
- to the extent the scope of the Product Liability Act or other mandatory liability provisions applies.
(2) In the event of a slightly negligent breach of material contractual obligations — the fulfilment of which is essential to the proper performance of the contract and on the observance of which you may regularly rely — our liability is limited to the foreseeable, contract-typical damage at the time of conclusion of the contract.
(3) Any further claims for damages are excluded to the extent permitted by law.
11. Data Protection
Information on the processing of personal data can be found in our Privacy Policy. The Privacy Policy does not form part of these Terms and Conditions but applies additionally to the use of our online shop.
12. Dispute Resolution, Governing Law & Final Provisions
(1) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless we expressly agree to do so in an individual case.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, provided that no mandatory consumer protection provisions of the country in which you have your habitual residence conflict with this.
(3) For consumers, the statutory rules on jurisdiction apply. Mandatory statutory provisions on jurisdiction remain unaffected.
(4) Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory rule.