Elgato Online Store

Standard Terms and Conditions

Elgato Systems GmbH, Managing Director Dr. Markus Fest, Nymphenburger Str. 14, 80335 Munich, German commercial register at Munich Local Court (Amtsgericht) HRB 108591

Tel.: 0049 89 1433390
Fax: 0049 89 1433399
E-mail: cs@elgato.com


1. Scope

These Terms and Conditions apply to all items for sale and sold by Elgato Systems GmbH (“Elgato”) in Elgato’s Online Store (“Online Store”). The Online Store has been inspected and certified by Trusted Shops (www.trustedshops.de).


2. Offers, Conclusion of Contracts

Offers of items for sale in the Online Store represent an invitation to a customer to place an order only. An order from a customer represents an offer to conclude a contract of sale. Once an order is placed, the customer will receive electronic confirmation of his order and this will give rise to a contract of sale.

If a product ordered is not available, Elgato may withdraw from the contract. In such a case Elgato will inform the customer immediately and if applicable reimburse any monies paid without delay.

During the Online Store order process, the customer can view and correct all data entered in a confirmation window after the order button has been selected.

Customers may conclude contracts of sale in German, English or French.


3. Prices

The prices quoted on the website include statutory VAT. Orders placed from within the EU are not eligible for VAT exemption.
Payment is due in full immediately.


4. Transport costs

Shipping and handling costs are not included in the prices quoted on the Online Store. When placing an order in the Online Store, the customer is provided with a tool to determine whether shipping and handling costs apply to the order as well as the exact amount.


5. Terms of payment

Payment may be made by credit card, by cash on delivery, or by cash in advance. We reserve the right to exclude particular methods of payment.

In the case of credit card payments, the credit card will be charged when the order is placed.

In the case of cash on delivery payments, an additional charge of EUR 3.60 will be applied plus DHL’s charge, currently EUR 2.00, which is imposed by DHL’s agent upon delivery of the good(s).

The payment option "Cash on Delivery" is available only to orders that are shipped to an address in Germany. In the case of payment by cash in advance, Elgato will cancel orders in which payment is not received within 14 days of the order date.  


6. Cancellation

6.1 Notice of Cancellation: The customer may cancel a contract of sale without cause within fourteen days of receipt of the good(s), either by returning the good(s) to Elgato or by delivering written notice of cancellation to Elgato (letter, fax, or e-mail). This fourteen day period does not begin until the good(s) are received by the customer and until Elgato delivers cancellation instructions to the customer in writing. To meet the cancellation deadline it is sufficient to dispatch the notice of cancellation or the good(s) punctually. Notice of cancellation must be addressed to Elgato Systems GmbH, Warenumtausch/-rückgabe, Nymphenburger Str. 14, 80335 Munich, Germany.

6.2 Returns: In the event of a valid cancellation, both parties must return all good(s) and payments received. If it is not possible for the good(s) to be returned whole and/or in their original condition, the customer must reimburse Elgato for any loss of value of the good(s). This does not apply if the poor condition of the good(s) would have been discovered by the customer had the customer been able to carry out an inspection of the good(s) before buying, for example, as in a physical store. The customer may also avoid any obligation to compensate for loss of value by refraining from using the good(s) and avoiding any activity which would reduce the value of the good(s). If the good(s) can not be shipped by regular mail, then Elgato will arrange for pick-up. The customer must bear the cost of returning the good(s) if the good(s) received are as ordered and if the original purchase price of the good(s) to be returned did not exceed EUR 40. Otherwise, the customer may return products without incurring any costs. The customer must satisfy any obligations to reimburse payments within 30 days following the dispatch of his notice of cancellation.

6.3 Processing: To ensure that processing of the cancellation is carried out as quickly as possible, customers are asked to phone or e-mail Elgato (mt@elgato.com) and request a Returns Number. Good(s) should be returned in their entire original packaging, or at least packed appropriately for transport, together with the Returns Number. Customers are asked to obtain signed confirmation of receipt from the transport firm employed to return the good(s) to Elgato, and to keep this confirmation safe.

6.4 Miscellaneous: There is no statutory right to cancel orders for computer software in sealed packages if the customer has broken the seal. The right to cancel will expire prematurely if Elgato provides a service before the end of the cancellation period with the customer's express consent or if the customer himself instigated the service (e.g. by downloading software).

-End of cancellation information-


7. Liability for defects

Elgato’s liability for defects is as provided by law.


8. Delivery times

Deliveries within Germany will be made within 24-48 hours, and within 3-4 business days in all other regions. If these delivery times change substantially after an order is placed, Elgato will inform the customer by e-mail. In such a case the customer will be entitled to cancel the contract without incurring any costs.


9. Reservation of title

All goods supplied by Elgato will remain Elgato’s property until full payment has been made and all claims arising out of the contractual relationship settled.


10. Overall liability

Elgato is liable without limit for losses resulting from deliberate action or inaction or gross negligence and for injury to life, limb or health. Regardless of the legal basis of the claim put forward, Elgato is only liable for losses which result from a culpable breach of a substantial contractual obligation. Liability in this case is limited to losses typical for the type of contract concerned which it was possible for Elgato to foresee when the contract was concluded. Elgato would point out that the customer is himself responsible for securing his own data.


11. Data protection

The customer data collected in connection with the contract will be used by Elgato in accordance with the provisions of the German Federal Data Protection Act and the German Remote Services Data Protection Act.
The exchange of customer data over the Internet is encrypted. This is accomplished by using the Secure Socket Layer (SSL) protocol.
Elgato will use customers' e-mail addresses only to supply information relating to orders and for customer relationship maintenance purposes. The customer is entitled to object to the latter. Elgato will not share any personal customer data with third parties other than with service partners who require the data in order to process orders. Elgato will save the customer's order data and provide this information to the customer by e-mail. The customer may inspect order data in the customer section of the Online Store. To enable the customer to place orders in the Online Store, a so-called "cookie" will be created when particular Web pages are visited. These are small files. The customer may use his browser program to control the acceptance of cookies from the Web page and, if appropriate, block this. Such cookies serve exclusively to enable the use of specific applications, e.g. the Online Store shopping basket system; no personal data whatsoever is stored.
The customer can subscribe to the Elgato newsletter on the website, this subscription can be cancelled at any time.
In the event of questions regarding the collection, processing or use of your personal data and for information, the amendment, blocking or deletion of data and the revocation of consents granted, customers should contact Elgato Customer Service, Nymphenburger Str. 14, 80335 Munich, Germany. E-mail: cs@elgato.com. 


12. Concluding terms

Should any of these Standard Terms and Conditions be invalid, the remainder of the contract will remain valid. The relevant statutory provisions will apply in place of any invalid term.

German law applies exclusively, with the provisions of UN law on the international sale of goods being excluded.


These Standard Terms and Conditions apply from 1 March 2007.

Translation only. The only legally valid version of this document is the German one.