Funktel International GmbH continually examines and updates the information published on this website. Although due care is taken to ensure that the information is correct, the facts described can change at any time. Funktel International therefore disclaims all warranties and liability for the correctness or completeness of the information published, and for its relevance to current circumstances, except in the case of intention or negligence on the part of Funktel International, or where liability arises due to binding legal provisions. The same disclaimer applies to the content of third-party Web pages referenced by links on the Funktel International site. Funktel International is not responsible for the content of such third-party sites and explicitly disavows any association with other content accessible from these sites. Funktel International reserves the right to replace, remove, amend or add to the information published, in whole or in part, without notice. The content and structure of this Website are protected by copyright. Funktel International reserves all rights. Funktel International explicitly asserts its unrestricted trademark rights and acknowledges those of third parties. Reproduction of information, including the use of text, diagrams and images, is prohibited except with prior written permission from Funktel International.
Funktel International GmbH, Georgenstraße 25, 10117 Berlin, Germany, takes the protection of your personal data very seriously and abides strictly with the laws and principles of data protection. This means that you can visit and search our website at any time without providing us with any personal information. However, your IP address, which is signalled automatically, will be saved for strictly technical reasons. Under no circumstances is collected data sold or otherwise distributed to third-parties.
The following statements will provide you with an overview of how we guarantee your privacy, what types of data are collected, and what the data is used for.
Funktel International automatically collects and saves information in its Server Log Files which your browser sends us. This includes:
Type/version of browser
Operating system used
Host name of the accessing PC (IP address)
Time of the server query
This data cannot be attributed by Funktel International to any individual person. The data will not be combined or matched with any other data sources. All data will be deleted following statistical analysis.
At some point, you may be requested to provide us with personal details. This is a request for contact from us in order to obtain information about our company or our products. If you do not wish your details to be used for any additional future contact with us, please notify us of this. We will respect your wishes and delete your details from our files (Notice of Objection). Please send your notice of objection to the following address email@example.com
Google technology, which collects and stores data anonymously for marketing purposes, is used on funktel.international. Pseudonymous user profiles are created using this data. Cookies are used for this purpose which are collected and stored anonymously. The data is not used to discover the identity or any personal information about visitors to the website and is not linked to any data about the actual person behind the pseudonym.
By using our website, you are consenting to the processing and storage of this information by Funktel International. Because Funktel International is a company with a global presence, all data which is collected will be available to our other worldwide business units where required. Please note, that when visiting our website within the European Union that data you supply can be used outside of the European Union for the purposes mentioned above. By using our website and sending us your personal details you are agreeing to the transfer of your personal data.
Any changes to our data protection policy will be published here. You will receive information on this page about the data which we collect, how we use it, and under which circumstances we pass it on to others. Therefore, please check back regularly in order to ensure that you do not miss any potential changes to our current data protection policy.
Funktel DECT products are using a license model. License available for different infrastructure interoperability and functions.
1. Scope of application
(1) These General Terms and Conditions of Sale and Delivery apply exclusively to the deliveries and services as well as to the information, advice and repairs provided by Funktel International GmbH. Funktel International GmbH explicitly objects to customers' General Terms and Conditions of Business and Purchase.
(2) Customers' Terms and Conditions shall only become an integral part of a contract if and to the extent that Funktel International GmbH explicitly recognises same in writing. The General Terms and Conditions of Sale and Delivery shall also apply exclusively if Funktel International GmbH undertakes deliveries and provides services without reservation in the knowledge of these opposing or deviating customers' Terms and Conditions.
(3) Any agreements made in deviation to these Terms and Conditions may only be made in writing and shall only apply to a particular contract and not to subsequent contracts unless explicitly agreed to otherwise. This shall also apply to an amendment of this clause.
2. Offer and contract conclusion
(1) Funktel International GmbH's offers are subject to change and are non-binding. Any supply contract or other contract shall only be formed once Funktel International GmbH has confirmed the customer's order or other order in writing (order confirmation) or delivered the goods or provided the service.
(2) Funktel International GmbH shall not be responsible for any errors that may arise in the order and/or the documents sent in due to unclear or incomplete information. The customer shall bear the additional costs incurred thereby.
3. Prices and payment terms
(1) The prices applicable on the date of order shall apply in accordance with Funktel International GmbH's price list valid at this time unless a different price is explicitly agreed in writing.
(2) Unless otherwise agreed to in writing, the prices quoted by us apply ex works or the delivery warehouse and are deemed to be net prices excluding the applicable statutory value added tax. The actual shipping and packaging costs incurred shall be additionally charged.
(3) Funktel International GmbH shall only supply first-time deliveries on the basis of cash on delivery or bank transfer (including credit card) unless expressly agreed to otherwise in writing.
(4) Invoices are payable within 8 days from date of invoice (without deduction) unless stated otherwise in the order confirmation. If payments are made late, Funktel International GmbH shall only make further deliveries on a cash on delivery or cash in advance basis. Such an arrangement shall not require special notification and shall be made at the choice of Funktel International GmbH.
(5) The customer shall be in payment default if payment is not made 30 days from date of delivery or receipt of invoice. In all other respects, the legal regulations regarding entry of default (§ 286 of the German Civil Code (BGB)) shall apply.
(6) Discounts may only be deducted by separate written agreement. Agreed discounts shall not be granted if the customer is in arrears with payment for prior deliveries.
(7) The customer is only entitled to a right of setoff if its counterclaims are uncontested or legally determined. The customer is only entitled to a right of retention if counterperformance has not yet been provided by Funktel International GmbH (§ 320 (1) BGB) and the claim to the counterperformance is uncontested or legally determined.
(8) Should the customer fail to adhere to the agreed payment terms, violate other contractual agreements or if we become aware of issues after order acceptance that cast justifiable doubt over the creditworthiness of the customer, Funktel International GmbH shall be entitled to request full payment or appropriate collateral prior to delivery and to withdraw from the contract or request damage compensation after fruitless expiry of a period of grace. A negative report from a bank, credit bureau or a company that has a business relationship with the customer, issued from the view of a prudent businessman, shall be regarded as proof of a significant deterioration of financial position. If delivery has already been made, the outstanding invoices shall become due for payment immediately irrespective of agreed payment terms. In addition, Funktel International GmbH may prohibit resale of the delivered goods subject to reservation of title, request their return or transfer of direct ownership at the cost of the customer and, if applicable, revoke any collection authorisations issued.
4. Service and delivery deadlines, delay and subsequent delivery
(1) Service and delivery deadlines provided by Funktel International GmbH shall only be deemed to be approximate unless a fixed period or a fixed date has been explicitly promised or agreed. Agreed periods shall start on the date of order confirmation, however, not before receipt of any agreed advance payments and not before unequivocal clarification of all the order details. They shall only be regarded as complied with on notification of readiness for shipment if the goods cannot be shipped in time without this being the fault of Funktel International GmbH.
(2) Notwithstanding the rights of Funktel International GmbH arising from a customer's default of the obligations arising from the contract, agreed periods and deadlines shall extend by the length of time the customer is in default in respect of Funktel International GmbH.
(3) The customer may set an appropriate period for Funktel International GmbH for performance for delivery periods and dates that are not described expressly as fixed in the order confirmation. Funktel International GmbH can only enter into default on expiry of this subsequent period unless Funktel International GmbH has seriously and finally refused delivery or the immediate entry of default is justified on particular grounds with due consideration given to the interests of both parties.
(4) If future and uncertain events that do not normally occur and which were not foreseeable on contract conclusion make the delivery or service provision significantly more difficult and the circumstances are not merely temporary, Funktel International GmbH shall be entitled to withdraw from the contract. In the event of circumstances that are not merely temporary, Funktel International GmbH shall be entitled to extend the service provision and delivery periods by the length of the time of these circumstances plus a reasonable start-up period. Funktel International GmbH shall inform the customer without delay of such circumstances affecting performance.
(5) The right to make construction and/or other changes of form that are based on technological improvements and/or legislative requirements shall be reserved during the delivery period if the item of supply does not change significantly and the changes are reasonable for the customer.
(6) Funktel International GmbH shall be entitled to make partial deliveries if
the delivery of the remainder of the ordered goods is ensured,
the partial delivery can be used by the customer in the context of the contractual intended purpose, and
the customer does not incur a significant additional expense or additional costs thereby.
Each partial delivery may be invoiced by us separately.
5. Extensive reservation of title
(1) Funktel International GmbH reserves ownership of the delivered goods (goods subject to reservation of title) until all present and future claims arising from the existing business relationships with the customer (secured receivables) are settled. This also applies if payments are made on specially designated receivables.
(2) The customer is entitled to sell the goods subject to reservation of title in the ordinary course of business. The customer is not entitled to dispose of the goods subject to reservation of title otherwise.
(3) The customer herewith assigns to us all the receivables, including all the ancillary rights, accruing to same from the resale of the goods subject to reservation of title. The customer may collect the receivables assigned to Funktel International GmbH for its own account in its own name on behalf of Funktel International GmbH as long as Funktel International GmbH does not withdraw this authorisation. Funktel International GmbH's right to collect these receivables directly shall not be affected thereby. However, Funktel International GmbH shall not claim the receivables directly and not revoke the collection authorisation as long as the customer meets its payment obligations properly. Insofar as the customer does not properly fulfil its payment obligations, Funktel International GmbH may request the customer to disclose to Funktel International GmbH the assigned receivables and the respective debtors, notify the respective debtors of the assignment and surrender all the documents to Funktel International GmbH and provide all the information that Funktel International GmbH requires to enforce the claims. Subsection 3 (8) remains unaffected.
(4) Funktel International GmbH must be informed without delay in the event of attachments or other third-party interventions.
(5) Upon request by the customer, Funktel International GmbH shall be obliged to release the collateral if their realisable value exceeds the amount of the secured receivables by more than 20%. Funktel International GmbH reserves the right to select the collateral to be released.
(6) In the event of payment default or other contractual breach by the customer or in the event that circumstances become known that cast justified doubt over the creditworthiness of the customer, Funktel International GmbH shall be entitled to withdraw from the contract in accordance with the legal regulations and to request surrender of the goods subject to reservation of title based on the reservation of title and the withdrawal. If the customer fails to pay the purchase price due, Funktel International GmbH may only assert these rights if it has set an appropriate period of grace in advance for the customer to pay and payment is not received or such a period of grace is not necessary in accordance with the law.
6. Warranty and liability
(1) For goods that are sold as downgraded or used goods, the customer shall have no claims in respect of any defects with the exception of damage claims pursuant to subsection 6 (6) of these Terms and Conditions and claims to reimbursement of expenses instead of damage compensation. § 444 BGB [German Civil Code] remains unaffected.
(2) The customer undertakes to carefully examine the delivered goods for completeness and proper condition – even if samples were sent prior – without delay after delivery to same or a third person designated by same. With respect to apparent or obvious defects that would have been identifiable if a careful examination had taken place without delay, the goods shall be deemed to be approved by the customer if a written notification of defects is not received by Funktel International GmbH within seven working days after delivery. If the defect is not identifiable during a proper examination, the goods shall be deemed to be approved if a written notification of defects is not received by Funktel International GmbH within seven working days after discovery thereof. External sales staff of Funktel International GmbH are not entitled to accept notifications of defects.
(3) The customer shall give Funktel International GmbH an opportunity to review the notification of the defect. If the customer refuses to do so, Funktel International GmbH shall also be released from any liability for defects.
(4) Where notifications of defects are justified, Funktel International GmbH shall, in the event of defects in the supplied goods, meet its warranty obligations by means of subsequent improvement or replacement delivery at its choice. Should the subsequent improvement or replacement delivery fail, the customer may request a reduction in the purchase price or withdraw from the contract if the defect significantly compromises the contractual use of the goods.
(5) The customer is responsible for regularly backing up its data.
(6) With the exception of the liability in accordance with the product liability laws and due to injury to life, body or health, Funktel International GmbH's liability is limited or excluded as follows, in addition to the liability limitations mentioned in subsection 6 (1) to (4):
In the event of negligence, Funktel International GmbH's liability shall be limited to compensation for the typically foreseeable damages. However, in the event of slight negligence, Funktel International GmbH shall only be liable if it has violated an obligation which makes the performance of a proper execution of the contract at all possible, in particular the provision of defect-free goods, and observance of which the customer may rely on.
The aforementioned limitations shall also apply in favour of the statutory representatives and vicarious agents of Funktel International GmbH if claims are asserted directly against same.
(7) The goods shall be returned in good order and in the original packaging (complete, undamaged original packaging, operating manual, full packaging material, etc). Goods returned postage paid shall not be accepted and shall be returned at the cost of the sender. The customer shall be responsible for substantiating the freight costs. They shall only be reimbursed in the case of a justified defect notification.
(8) Claims based on a defect shall lapse one year after delivery of the goods, in deviation to § 438 (1) no. 3 BGB. Damage claims and claims for defects in the event of a fraudulently concealed defect are excepted therefrom.
(10) If Funktel International GmbH has indicated a new software release and its download availability to the customer or if Funktel International GmbH has provided this new software release to the customer, Funktel International GmbH is obligated to provide same to its customers in the context of subsequent performance due to a defect in a prior software release or install same on the devices that are the subject matter of the defect warranty if this software release has at least the same functionalities as the prior software release. Customers that act as intermediaries undertake to bind their buyers to the obligations under this clause to the same extent.
7. Reimbursement of additional expenses in the event of non-acceptance
If the customer is, in principle, obligated to compensate Funktel International GmbH for damages as the customer does not accept the goods, Funktel International GmbH shall be entitled to charge damages at a flat rate of X (please insert figure, must be between 5 and 10) % of the net value of the goods plus any transport costs already incurred. The damage compensation must be higher or lower if Funktel International GmbH proves higher or lower damages to the customer.
Funktel International GmbH is authorised to change these General Terms and Conditions of Sale and Delivery at any time. Funktel International GmbH shall send the amended Terms and Conditions to the customer two months before their entry into force. Any amendments shall become effective with the consent of the customer. The customer's consent shall be deemed to be given if the customer does not indicate its objection thereto prior to the date of the effectiveness of the amendment. Funktel International GmbH shall explicitly point out this deemed approval to the customer by sending the amended General Terms and Conditions of Sale and Delivery to the customer.
9. Intellectual property rights and copyright
(1) The customer shall recognise the patent rights and the other intellectual rights and copyright in the goods sold by Funktel International GmbH. In particular, the customer is prohibited from undertaking any duplication, reproduction without authorisation, unfair imitation and trade in such reproduced, imitated or duplicated goods over and above the contractual purpose.
(2) Reverse engineering or de-compiling of the computer programs developed by us ("reverse engineering") is prohibited without our written consent unless these actions are essential to obtain the required information to ensure the interoperability of the software with an independently created computer program and the customer has not received this information from us within an appropriate period of time despite having requested same in writing.
10. Place of performance, place of jurisdiction
The place of performance of all obligations arising from this agreement is Berlin. If the customer is a businessman, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for any disputes arising from this agreement shall be the business premises of Funktel International GmbH, Berlin (Germany). However, Funktel International GmbH is entitled to file charges at the general place of jurisdiction of the customer.
11. Export, delivery to customers abroad
(1) This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Any requirements and effects of the reservation of title in accordance with subsection 5 are subject to the law applicable at the respective warehousing location of the item to the extent that the choice of law of German law in accordance therewith is not permitted or ineffective.
(2) Exporting the goods of Funktel International GmbH to certain countries may violate German export law and/or statutory export bans. Funktel International GmbH herewith advises the customer that the customer is responsible for reviewing the admissibility of the further delivery under its own responsibility. The customer undertakes to hold Funktel International GmbH harmless of damages of any kind arising from any prohibited further delivery that the customer is responsible for.
12. Final provisions
(1) Declarations sent by fax or e-mail shall also suffice to comply with the written form requirement on conclusion or execution of the agreements concluded between the customer and Funktel International GmbH.
(2) Unless agreed to otherwise, the transfer of the rights and duties arising from this agreement by the customer to a third party shall require the prior written consent of Funktel International GmbH. Funktel International GmbH may only withhold this consent for good cause.
13. Severability clause
(1) Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of all the other provisions. To the extent the contract or these General Terms and Conditions of Sale and Delivery contain any gaps, such a gap shall be filled by a legally valid regulation that the contractual parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these Terms and Conditions had they been aware of the gap.
(2) Should there be any doubt, the German text of the General Terms and Conditions of Sale and Delivery shall prevail.