Standard Business and Supply Terms and Conditions
Website Security and Data Protection
Schramm Skytvcard Satellite Technics, owned by Stephan Schramm and having its registered business head office at Hirselaenderweg 155 A, D-12559 Berlin, Germany, is the owner and operator of this website. The online Store Checkout and Customer Account pages are SSL Secure. You can click on the lock symbol icon within your browser’s address bar to read the Schramm Skytvcard Satellite Technics SSL Certificate validity and ownership details, any time.
§ 1 Preface
The Schramm Skytvcard Satellite Technics Company and General Manager, Stephan Schramm (hereinafter referred to as Skytvcard) deals with English Pay TV End Consumer Certificates (hereinafter referred to as Pay-TV Provider), which cannot be directly subscribed to or be accessed by customers outside the United Kingdom.
Skytvcard serves as a distributor. Subject to German law, this intermediary trade is legal due to the fact that conditional access for the Pay-TV broadcasting transmitter is limited to the geographical territory of the UK.
Skytvcard arranges addresses in the UK for its customers and stands liable during the entire subscription contract period between the customer and Pay-TV Provider. In this case, the viewing accessibility is legally considered an End Consumer Certificate, but is in fact, a chipped viewing card that contains the individual access codes assigned to the customer in the form of a viewing card. Schramm Skytvcard Satellite Technics does not grant a permit to the customer to directly contact the English Pay-TV Provider.
Should the customer directly contact the English Pay-TV Provider, Schramm Skytvcard Satellite Technics shall not accept any liability for any viewing card and subscription cancellation, or loss or damage the customer might incurr. The customer pays the monthly subscription fee directly to the Pay-TV Provider(s) in Great Britain Pounds via credit card. For the maintenance of this particular service, Skytvcard charges an annual administrative fee that depends of the extent and manner of the service. Please note that it is possible at any time that the Pay-TV Provider identifies these services as being provided by Schramm Skytvcard Satellite Technics and could possibly lock accessibility for customers of Schramm Skytvcard Satellite Technics into their own particular Pay-TV Provider(s) services.
Skytcard assumes that this risk is known to all of its customers. General damages, defects or similar events that are described in the following clauses exclude the fact that the Pay-TV Provider has taken notice that the individual subscribers or customers of Schramm Skytvcard Satellite Technics are not based in the UK and/or that they use their viewing access authorisation from outside the UK. The following clauses of these terms and conditions are based on the assumption that these facts are known.
Contracts regarding shipments, payments and offers of Schramm Skytvcard Satellite Technics are based exclusively on the following terms and conditions. They will be accepted through contract award or supply acceptance. Confirmations by the customer about his/her own conditions and terms of supply are in any case without obligation for Schramm Skytvcard Satellite Technics, even when we do not formally disagree.
§ 2 Offer and Contract Conclusion
Offers by Skytvcard are subject to change and without obligation. A subscription contract becomes conclusive, either after a written confirmation is provided by Skytvcard or with the execution of the ordered subscription contract having already commenced. Any supplements and changes must be confirmed in written form by Skytvcard.
§ 3 Shipping
Unless otherwise stipulated, the delivery periods designated by Skytvcard are without obligation. Skytvcard reserves the right to arrange partial-delivery at any time. Any delay concerning delivery of ordered products or any other matters, to the extent that the delay is due to any event outside reasonable control, especially acts of God, labour disputes, strikes, lock-outs, governmental actions and any other similar events – even if it happens at Skytvcard – shall Skytvcard reserve the right to postpone or extend the delivery period, during such interference, to an appropriately reasonable time.
§ 4 Delivery and Risk
Shipment is usually made from the stock warehouse in Berlin, Germany. Subcontracting follows i.d.R. from England or Ireland. All deliveries and any returns are made at the customer’s own risk. Product prices do not include shipping costs. The customer is liable for any ordered goods, once they have been dispatched for shipment and have left the warehouse.
Delivery: Within Germany, delivery generally commences with stock being shipped from Berlin. Supply generally originates from England or Ireland. The Risk in each shipment and possible reshipments will be bourne by the customer and delivery charge is not included in the product price. The customer will assume all risk of possible damage from the time the ordered goods leave the warehouse.
Repair or Replace Guarantee: For customers inside Germany, in the event the box becomes faulty, we will collect, test, then if found to be faulty, replace the box with a brand new unit during the 12 month warranty period at no cost to you. For customers outside Germany, in the event the box becomes faulty, we will require that you send the box to us. We will test and then if found to be faulty, replace the box with a brand new unit during the 12 Month warranty period at no cost to you. (Free shipping within the European Trade Zone).
Collection and Return Policy: The collect and return at no cost only applies to faulty products located within Germany. If the product becomes faulty outside Germany, it will need to be returned to Germany for collection or shipped directly to us at your expense. We will then return the item to any European destination free of charge.
§ 5 Pricing and Payment Conditions
Payments are due after receiving a Skytvcard invoice in cash or prepayment without deduction. Irrespective of different payment methods offered to customers, all payments must first be cleared prior to delivery of goods. The customer is not entitled to a possession lien or claim that may be adverse to a debt claimed by Skytvcard. In such an instance, compensation is only possible when a cross-claim that is not denied by Skytvcard and that has been established as final and absolute. A customer’s wish to delay delivery of ordered products does not bear any influence on the payment due date.
§ 6 Title Retention
Supplied goods shall remain the property of Skytvcard, until such time that the entire payment of all debt claims concerning business transactions between Skytvcard and the customer are settled. Should the customer delay a debt payment, Skytvcard reserves the right to reclaim the concerned goods and levy delay interest charges, unbiased concerning other Skytvcard rights. In a case where the customer is a tradesman, dealer or distributor, should Skytvcard file for title retention or a reclaim, based on presented provisions and evidence, it shall not infer termination of the contract. Under such circumstances, the customer must bear the costs.
§ 7 Warranty
In accordance with legal warranty regulations, Skytvcard guarantees its shipped products and services are free from defects, including any failure of guaranteed quality. When the risk is passed on from Skytvcard to an individual customer, the 12 Month manufacturer warranty expires after 6 months, but the manufacturer warranty is replaced by a supplementary 12 month Repair or Replace Guarantee provided by Skytvcard. Skytvcard is permitted to extend the 12 Month manufacturer warranty to a customer that is a reseller, tradesman, dealer or distributor. Any warranty claims shall immediately become null and void, if the product is inappropriately used against its user manual instructions, or if the customer takes apart the product to attempt self-repair or modifications to the original product without authorisation from Skytcard, or if the customer directly contacs the Pay-TV Provider.
§ 8 Intellectual and Industrial Property Rights
Schramm Skytvcard Satellite Technics liability for breaches against intellectual and industrial property rights of third parties are excluded.
§ 9 Limitation of Liability
Claims for damages based on impossibility of performance, default, positive violation of contractual duty, culpa in contrahendo and liability in tort are excluded against Schramm Skytvcard Satellite Technics and its employees and auxiliary persons, unless they act willfully or negligently.
§ 10 Invalidity of Particular Clauses
If one of the clauses of these terms and conditions are considered to be invalid, the invalid clause shall be replaced by the clause that comes closest in meaning to the concerned invalid clause. The virtue of the residual convention and remainder of this policy remains unaffected.
§ 11 Assignment of Claims
The customer is not entitled to create or assign claims outside the contract parameters.
§ 12 Liability of the Customer
The customer concludes a subscription contract with the Pay-TV Provider(s) throught Schramm Skytvcard Satellite Technics. The period of this/these contract(s) shall be appointed by the Pay-TV Provider and provides the customer sufficient notice before ordering. Generally, the contract period is 12 months. Within this term, the customer is bound to make regular monthly payments via credit card to the Pay-TV Provider and is obligated to instantly inform the Pay-TV Provider concerning any delayed payment. Any damages or loss incurred by the Pay-TV Provider caused by a customer’s delayed payment shall automatically be acquitted by Skytvcard on behalf of the customer, should the acquitted payment develop into a claim for Skytvcard against the customer. At that time, such claims become immediately due and must be promptly paid. Furthermore, under such circumstances, Skytvcard reserves the right to block the customer’s access to the Pay-TV Provider and any customer claims for compensation are immediately rendered null and void.
§ 13 Liability of the Customer Acting as a Reseller/Dealer/Distributor
A customer acting as an independent reseller, dealer, distributor or tradesman who promotes Skytvcard products to their or other consumers, through which activities Skytvcard is not directly involved or included, shall be regarded by Skytvcard as the sole customer/purchaser of all placed product orders, viewing cards and their access to the Pay-TV Provider awarded to his/her customers, in accordance with the following terms and conditions;
These terms and conditions are mandatory and in order to solicit customers as a reseller, dealer or distributor, the purchaser must have customers accept these terms and conditions and permanently hold Schramm Skytvcard Satellite Technics indemnified from any liability or third party customer claims. Should the customer/purchaser have a case whereby a third party customer has failed to make payment and can provide adequate proof that even after taking every possible step and legal action against this third party customer, payment could still not be secured, Skytvcard and the customer/purchaser shall divide the calculable damages by 50 % – 50 %. After receiving the 50 % from Skytvcard, should the customer/purchaser for any reason discharge his/her liabilities to the negligent third party customer, the customer/purchaser must immediately inform and reimburse Skytvcard that 50 % or face legal consequences.
§ 14 Delayed Payment by Private Customer
Schramm Skytvcard Satellite Technics reserves the right to acquit any claims subject to § 12 via a customer’s credit card, the details of which were initially submitted to Skytvcard during placement of the original order to enable a subscription with the Pay-TV Provider. By submitting and naming of the credit card data on the order sheet, the customer grants such a caveat and credit card authorisation to Skytvcard. Furthermore, Schramm Skytvcard Satellite Technics is entitled to levy appropriate fees for performing such financial transaction services.
§ 15 Liability for Damages
Skytvcard shall not be held liable for damages caused to the customer by the Provider, especially in cases of withdrawal errors. Any action or claim and the settlement or outcome thereof against the Provider shall be the sole responsibility of the customer subscriber. However, Skytvcard shall render assistance where possible in company’s own discretion, but shall not assume any liability in the matter. In certain cases deemed as notably grave, Skytvcard shall only be liable for the maximum of the most recent monthly fee charged by the provider, dependent on the type of subscription pack and if an accusation of negligence on the part of Skytvcard is involved.
§ 16 Annual Administrative Service Fee
In order to avail use of this service any further year, Skytvcard levies an annual Administrative Service Fee between 159,00 and 199,00 Euro, dependent on our partner in the UK. This fee is not to be confused with Skytvcard free customer service, to which all customers are always entitled.
§ 17 Place of Jurisdiction
The place and court of jurisdiction is the city where the company Schramm Skytvcard Satellite Technics is registered at Hirselaenderweg 155 A, Berlin, Germany.
CONTACT DETAILS
Registered business office Ust-Id Nr. DE234606474
Company: Schramm Skytvcard Satellite Technics
Manager: Stephan Schramm
Address 1: Hirselaenderweg 155 A – D-12559 Berlin
Address 2: An der Himmelswiese 3 – D-12559 Berlin
Tel. 1: +49 30 6549 4125
Tel. 2: +49 30 2327 4182
Fax: +49 03 212 125 8762
E-mail: Skytvcard Support Skytvcard Info
Copyright © 1992 – 2012 Schramm Skytvcard Satellite Technics. All Rights Reserved.
