General Terms and Conditions
of ESphere Network GmbH company
§1 General Scope and Definitions.
  1. The following general General Terms and Conditions shall apply to all the contractual relationship between our Company and the consumer that purchase products from ESphere Network GmbH.
  2. A "consumer" shall mean any natural person or separate legal entities buys a product for purposes that do not fall within the sphere of his commercial or professional activity (§ 13 GTC).
§2 Creation of a Contract
(1)The following regulations in regard to the conclusion of contract apply for orders via our web shop http://www.esnetwork.de/.

(2) In the case of concluding the contract, the contract will be concluded with:

ESphere Network GmbH

Robert Fuchs

Wolfener Straße 32-34,

12681 Berlin, GSG-HOF, HAUS C

Registration number HRB 133040B


Register court Amtsgericht Charlottenburg

(3) The offered goods published in our web shop represent a legally non-binding offer of contract. They are only a nonbinding invitation to the consumer to order goods.

By placing an order of the desired good in our web shop which requires the acceptance of these General Terms and Conditions the customer makes a binding offer to conclude a contractand to purchase the relevant product.

(4) On receiving an order in our web shop the following regulations apply: the consumer makes a binding offer of contract by running through the required ordering procedure of our web shop:

The order is made by the following steps:

1) Selection of the desired product

2) Confirmation by clicking the button „add to shopping cart"

3) Checking of all data in the shopping cart

4) Click on the button „cashier"

5) Registration in the web shop as guest visitor or after Log-In by entering the log-in data

6) Second check or correction of the respective entered data

7) Selection of form of payment

8) Notice of right of withdrawal and of General Terms and Conditions

9) Completion by clicking the button „ordering with costs"

Before the binding sending of the order the consumer can return to the internet page with his personal data and can correct data errors with the "back"-button of the internet browser used by him or her or can cancel the order transaction by closing the internet browser.

We confirm the receipt of the order immediately afterwards by means of an automatically generated e-mail („acceptance of order"). By doing this we accept your offer.

(5) Storage of the contract when ordering via our internet shop: We send you the order data, right of withdrawal and our General Terms and Conditions by e-mail. The General Terms and Conditions can be viewed at any time on http://esnetwork.de/agb. Your last orders you can in our customer area under My Account –> My Orders.
§3 Prices, Shipping Costs, Payment, Payment Date
(1) The mentioned prices include statutory VAT, but do not include shipping costs.

(2) The consumer has the possibility of advance payment (EU Standard Bank Transfer), IMMEDIATE bank transfer, PayPal, Cash or payment by credit card (Visa, MasterCard, American Express).

(3) If the consumer has chosen advance payment he or she undertakes to pay the price immediately after the conclusion of contract.
§4 Shipment
(1) Provided that we have not clearly stated otherwise in the product description all our offered articles are ready for shipment within 5 working days. The deadline for the delivery in case of advance payment on the day of payment to the agency responsible for bank money transfer and all other forms of payment shall fall on the day after the contract begins to run. If the deadline falls on Saturday, Sunday or any official holiday, it shall expire the next working day.

(2) The risk of accidental loss or accidental deterioration of the goods passes to the buyer when the object for delivery is handed over to the carrier or freight forwarder or to other companies charged with carrying out the dispatch. This also applies to partial deliveries.
§5 Retention of Title
We retain legal title to any of our products until the full payment of the purchase price.
§6 Revocation rights of the customer as a consumer
Right of Revocation

The following right of revocation only applies to customers who are consumers, namely any natural person or separate legal entities buys a product for purposes that do not fall within the sphere of his commercial or professional activity (§ 13 GTC).

Revocation instructions

Notification regarding revocation

You may revoke the contractual agreement without giving reason within 14 days after the conclusion of the Contract.

The cancellation period amounts to fourteen days as from the date on which you or any third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must contact:

ESphere Network GmbH

Robert Fuchs

Wolfener Straße 32-34,

12681 Berlin, GSG-HOF, HAUS C


E-Mail info@esnetwork.de

Telefax 030/28866028


by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the attached specimen cancellation form, which, however, is not compulsory.

Consequences of cancellation

If you cancel this contract, we have to refund you for all payments which we have received from you, including the delivery costs (with the exception of any additional costs which arose through your having selected a different mode of delivery than the cheapest standard delivery offered by us). The refund will be made promptly and at the latest within fourteen days as from the date on which we receive the notification of your cancellation of this contract. For this refund, we will use the same means of payment as you used in the original transaction unless otherwise expressly agreed with you; in no case will you be charged any fee in connection with this refund.

We may refuse to make the refund until we have received the goods back once more or until you have produced proof that you have returned the goods, whichever is the earlier point in time.

You have to return or deliver the goods to us without delay and in any event no later than within fourteen days as from the date on which you notify us of the cancellation of this contract. You comply with the time period provided you send the goods back before the expiration of the period of fourteen days.

We will bear the costs of the return of the goods.

You must only pay for any loss in value of the goods where this loss in value is a result of handling of the same by you which was not necessary for the purpose of inspecting the quality, features and functionality of the goods.

End of cancellation policy
§7 Specimen Cancellation Form
(Should you wish to cancel this contract, please fill in this form and return it to us.)

To:

ESphere Network GmbH

Robert Fuchs

Wolfener Straße 32-34,

12681 Berlin, GSG-HOF, HAUS C


E-Mail info@esnetwork.de

I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)

Ordered on (*)/received on (*)

Name of the customer(s)

Address of the customer(s)

Signature of the customer(s) (only in the case of notice in paper form)

Date

(*) Please delete that which is not applicable
§8 Warranty
ESphere Network GmbH will perform its contractual obligations with due regard to the applicable norms and stipulations.
§9 The contractual language
The Language of the Contract shall be the German language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract
§10 Customer service
Our customer service for questions or complaints works weekdays from 9 a.m. till 5 p.m.

To contact our customer serves please use:

Phone: 030 28861182

Fax: 030 28866028

E-mail: info@esnetwork.de
§ 11 Data protection
1. Name and contact details of the controller
This data protection information applies to data processing by:

Esphere Network GmbH

represented by Aram Khachatryan

Wolfener Strasse 32-34,

12681 Berlin, GSG-HOF, HOUSE C

Tel: +493028861182

Fax: +493028866028

Email: we@esnetwork.de


Register court: Charlottenburg District Court

Register number: HRB 133040B

VAT ID: DE 276014402

  1. Collection and storage of personal data and the type and purpose of their use
  1. a) When visiting the website

When you visit our website http://esnetwork.de, the browser used on your device automatically sends information to the server on our website. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:

  • IP address of the requesting computer,
  • Date and time of access,
  • Name and URL of the file accessed,
  • Website from which access is made (referrer URL),
  • Browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The data mentioned are processed by us for the following purposes:

  • Ensuring a smooth connection to the website,
  • Ensuring comfortable use of our website,
  • Evaluation of system security and stability as well
  • for further administrative purposes.
The legal basis for data processing is Art. 6 Para. 1 S. 1 lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

In addition, we use cookies and analysis services when you visit our website. You can find more detailed explanations under section 4 and 5 of this data protection declaration.

  1. b) When using the contact form, the form New Customer Form, the form RMA Form, the form Switch Request Form, the form Router Request Form, New Vendor Form, Sell to us Form, RMA Form and the route planner
If you have any questions, we offer you the opportunity to contact us using the contact form provided on the website. It is necessary to provide a valid e-mail address and telephone number so that we know who the request came from and to be able to answer it. Further information can be provided voluntarily.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR based on your voluntarily given consent.

The personal data collected by us for the use of the contact form will be automatically deleted after your request has been dealt with.

We also offer the opportunity to contact us via the forms New Customer Form, RMA Form, Switch Request Form and Router Request Form.

When using the New Customer Form, it is necessary to provide a name, address, telephone number, email address and website so that we know who the request came from and to be able to answer it. Further information can be provided voluntarily.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR based on your voluntarily given consent.

The personal data collected by us for the use of the form will be automatically deleted after your request has been dealt with.

When using the RMA Request Form, it is necessary to provide a name, a contact person, a telephone number, a fax number so that we know who the request came from and to be able to answer it. Further information can be provided voluntarily.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR based on your voluntarily given consent.

The personal data collected by us for the use of the form will be automatically deleted after your request has been dealt with.

When using the form Switch Configurations Request Form, the specification of a name, a telephone number, a preffered messenger, an account or messenger UID, a switch model, a host name, an NTP server, a time zone, a domain, a DNS server is necessary so that we can know who the request came from and to be able to answer it. Further information can be provided voluntarily.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR based on your voluntarily given consent.

The personal data collected by us for the use of the form will be automatically deleted after your request has been dealt with.

If you want to use our route planner to e.g. To plan the way to us, you have to enter the starting point and destination. This data is processed by the Google Maps map service from Google Inc. By using Google Maps, information about your use (in particular the IP address of your computer) can be transmitted to a Google Inc. server in the USA and stored there. The processing of personal data using technically necessary cookies and your IP address is based on the legal basis of Art. 6 Para. 1 S. 1 lit. f GDPR. We have no influence on the further processing of data by Google Inc. Please also read the terms of use in the Google Maps map if you want to use the service. If you do not consent to data processing by Google Inc., please do not use the map or deactivate the JavaScript function in your browser in order to obtain a restricted view.

If you have any questions, we offer you the opportunity to contact us via our email address.

Data processing takes place upon your request and registration and is in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR is required for the stated purposes for the appropriate processing of the order and for the mutual fulfillment of obligations from the contract.

The personal data we collect for the commissioning will be stored until the statutory retention period expires (10 years after the end of the calendar year in which the contract was terminated) and then deleted, unless we are required to do so in accordance with Article 6 (1) S 1 lit. c GDPR due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) are obliged to store them for a longer period of time or you are required to store them in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR.

  1. Disclosure of data
Your personal data will not be transferred to third parties for purposes other than those listed below.

We only share your personal information with third parties if:

  • You have given your consent pursuant to Art. 6 Para. 1 S. 1 lit. a GDPR have given express consent to this
  • the disclosure according to Art. 6 Para. 1 S. 1 lit. f GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
  • in the event that for the transfer according to Art. 6 Para. 1 S. 1 lit. c GDPR there is a legal obligation, as well
  • this is legally permissible and according to Art. 6 para. 1 sentence 1 lit. b GDPR is required for the processing of contractual relationships with you.
  1. Cookies
We use cookies on our website. These are small files that your browser automatically creates and that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not cause any damage to your end device and do not contain viruses, Trojans or other malware.

Information is stored in the cookie, which results in connection with the specific device used. However, this does not mean that we are immediately aware of your identity.

The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages on our website. These are automatically deleted after leaving our website.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a specific period of time. If you visit our site again to use our services, it is automatically recognized that you have already visited us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see Section 5). These cookies enable us to automatically recognize when you visit our site again that you have already been with us. These cookies are automatically deleted after a defined time.

The data processed by cookies are for the purposes mentioned to protect our legitimate interests and those of third parties in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR required.

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or that a message always appears before a new cookie is created. However, the complete deactivation of cookies can mean that you cannot use all functions of our website.

  1. Analysis tools and payment method PayPal
The tracking measures listed below and used by us are based on Art. 6 Para. 1 S. 1 lit. f GDPR carried out. With the tracking measures used, we want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer. These interests are to be regarded as legitimate within the meaning of the aforementioned regulation.

The respective data processing purposes and data categories can be found in the corresponding tracking tools.

  1. a) Google Analytics
We use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheater Parkway, Mountain View, CA 94043), for the purpose of designing and continuously optimizing our pages. USA; hereinafter referred to as "Google"). In this context, pseudonymised usage profiles are created and cookies (see under point 4) are used. The information generated by the cookie about your use of this website such as

  • Browser type / version,
  • operating system used,
  • Referrer URL (the page previously visited),
  • Host name of the accessing computer (IP address),
  • Time of the server request,
are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and the needs-based design of this website. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).

You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case not all functions of this website can be used to their full extent.

You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https: //tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this link. An opt-out cookie is set which prevents the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics help (https://support.google.com/analytics/answer/600424...).

  1. b) Data protection provisions for PayPal as a payment method
The controller has integrated PayPal components on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal also has the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also acts as a trustee and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxemburg.

If the person concerned selects "PayPal" as the payment option during the ordering process in our online shop, data of the person concerned is automatically sent to PayPal. By selecting this payment option, the person concerned consents to the transmission of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number or other data that is necessary for payment processing. In order to process the purchase contract, personal data related to the respective order are also necessary.

The purpose of the transmission of the data is to process payments and prevent fraud. The controller will transfer PayPal personal data in particular if there is a legitimate interest in the transfer. The personal data exchanged between PayPal and the person responsible for the processing may be transmitted by PayPal to credit reporting agencies. The purpose of this transmission is to verify identity and creditworthiness.

PayPal may pass on the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary to fulfill the contractual obligations or the data is to be processed in the order.

The data subject has the option of withdrawing their consent to the handling of personal data from PayPal at any time. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.

PayPal's current data protection regulations can be found at https: //www.paypal.com/de/webapps/mpp/... ...

  1. Social media plug-ins and Jivochat
We use on our website on the basis of Art. 6 Para. 1 S. 1 lit. f GDPR social plugins from the social network Facebook to make our company better known. The underlying advertising purpose is to be regarded as a legitimate interest within the meaning of the GDPR. Responsibility for data protection-compliant operation must be guaranteed by their respective providers. We integrate these plug-ins using the so-called two-click method in order to best protect visitors to our website.

  1. a) Facebook

Social media plugins from Facebook are used on our website to make their use more personal. For this we use the "LIKE" or "SHARE" button. It is an offer from Facebook.

When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted from Facebook directly to your browser, which integrates it into the website.

By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are currently not logged in to Facebook. This information (including your IP address) is sent from your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook account. If you interact with the plugins, for example by pressing the "LIKE" or "SHARE" button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.

Facebook can use this information for the purposes of advertising, market research and the needs-based design of Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. B. to evaluate your use of our website with regard to the advertisements displayed on Facebook, to inform other Facebook users about your activities on our website and to provide other services related to the use of Facebook.

If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights and setting options for protecting your privacy, can be found in Facebook's data protection information (https://www.facebook.com/about/privacy/).

  1. b) Jivochat
In our live chat, you have the opportunity to contact our employees directly in the form of a real-time chat. No personal details are required to use the chat. Your IP address is anonymized in accordance with the legal provisions. The chat history is saved and evaluated anonymously. In order to enable you to have a real-time chat on the website, "cookies", i.e. H. Text files saved on your computer. However, no data is aggregated to identify the user. We use an external system from JivoSite, Inc., 525 W. Remington Drive, Sunnyvale, CA 94087, USA for the live chat. The connection between your browser and the JivoSite, Inc. servers is encrypted. Please note the privacy policy of JivoSite: https://www.jivochat.com/priva...

In order to avoid the storage of jivochat cookies, you can set your internet browser in such a way that cookies can no longer be stored on your computer in the future or cookies that have already been stored will be deleted. Disabling all cookies can, however, mean that some functions on our website can no longer be performed. You can object to the collection and storage of data for the purpose of creating a pseudonymized user profile at any time with effect for the future by informally submitting your objection to info@esnetwork.de.

  1. Rights of the data subject
You have the right:

  • to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or opposition, the existence of a Right to lodge a complaint, the origin of your data, unless it was collected by us, and the existence of automated decision-making, including profiling and, if necessary, meaningful information about its details;
  • according to Art. 16 GDPR to immediately request the correction of incorrect or incomplete personal data stored by us;
  • According to Art. 17 GDPR, to request the deletion of your personal data stored by us, unless the processing for exercising the right to freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest or for asserting, exercising or defending legal claims is required;
  • to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR, provided that the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it for the assertion, exercise or need to defend legal claims or you have objected to processing in accordance with Art. 21 GDPR;
  • in accordance with Art. 20 GDPR to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another person responsible;
  • to revoke your consent given to us at any time in accordance with Art. 7 Para. 3 GDPR. As a result, we are no longer allowed to continue the data processing based on this consent and
  • to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority at your usual place of residence or work or at our place of business.
  1. Right to object
If your personal data is based on legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR are processed, you have the right to object to the processing of your personal data in accordance with Article 21 GDPR, provided there are reasons for this that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which we will implement without specifying a particular situation.

If you would like to exercise your right of withdrawal or objection, an email to we@esnetwork.de is sufficient

  1. Data security
We use the widespread SSL procedure (Secure Socket Layer) in connection with the highest encryption level, which is supported by your browser. As a rule, this is a 256 bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether a single page of our website is being transmitted in encrypted form by the closed representation of the key or lock symbol in the lower status bar of your browser.

We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

  1. Up-to-dateness and change of this data protection declaration
This data protection declaration is currently valid and was last updated in December 2020.

Due to the further development of our website and offers about it or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website http://esnetwork.de.



The information on this website does not constitute a public offer. The manufacturer may at its discretion alter the information on the goods technical characteristics displayed on the site. The images of the goods in the photos displayed in the site catalogue may differ from the original. Information on the goods price displayed in the site catalogue may differ from the actual price at the moment of making an order for the goods. The price of such goods shall be confirmed by a notice from an Esphere Network representative on such prices.