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A.G.B.

 

General terms and conditions ("GTC") of Handwerkstatt-Online.de

The following general terms and conditions (GTC) apply to all contractual relationships that exist between
 

Handy Express Clinic
Spindelweg 3
66877 Ramstein-Miesenbach

 

Represented by: Owner Matt Beck

 

 

§ 1 Scope, Definitions

(1) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Conditions of the customer that deviate from or conflict with the following provisions do not apply unless the provider expressly agrees to their validity in writing. This also applies if the provider performs a service in the knowledge of deviating conditions of the customer.

(2) Customers in the sense of these general terms and conditions can be both an entrepreneur and a consumer as well as a natural or legal person. The restriction to the male form is solely for aesthetic reasons. The customer is treated as a consumer insofar as the purpose of the goods and services ordered cannot be attributed primarily to his commercial or independent professional activity. Every natural or legal person or partnership with legal capacity is treated as an entrepreneur who is engaged in commercial or self-employed occupation when concluding the contract.


§ 2 conclusion of contract

(1) By presenting its products and services on its website, the provider is not making a binding offer in the legal sense. Rather, by presenting its products and services, it merely requests its customers to submit legally binding offers on their part. The customer's contract offer can be accepted within five working days of receipt by the provider. The acceptance of the contract offer by the provider can be declared by express notification (eg order confirmation) or by performing the service.

(2) The repair order on www.handywerkstatt-online.de comprises the following four steps:

1. The customer selects the end device concerned on www.handywerkstatt-online.de (eg Apple iPhone 4S)

2. The customer selects a (repair) service (eg "battery replacement")

3. The customer enters his data (first name, last name, email, telephone and address)

3. The customer decides on one of the payment methods offered. These are prepayment, PayPal, instant transfer and credit card payments

4. The customer checks all entries, in particular the selected service and his personal data transmitted to the provider, which he corrects if necessary, before submitting his order by clicking on the button "order with obligation to pay" as a binding request for the performance of the service. Before submitting the order, the customer can change and view the data at any time. The application can only be submitted and transmitted if the customer has previously accepted the General Terms and Conditions (GTC) by clicking on a button and thereby included them in his application.

(3) The provider sends the customer an automatically generated email in which the respective service or the repair order is listed again and which the customer can save and print out (confirmation of receipt). The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The confirmation of receipt consists of the specific order, the terms and conditions and a cancellation policy that the customer receives by email and can print out.

(4) The order data (service, name, address and delivery address) are stored by the provider while maintaining data protection. The customer can view and manage them at any time with the appropriate registration in his customer account.

(5) The customer assures that he has given the correct and complete delivery address when placing his order. If the customer has entered incorrect address data and should this result in additional costs for the dispatch - such as additional shipping costs - these must be borne by the customer.

(6) The contract is concluded in German.


§ 3 Posting and delivery conditions, shipping costs

(1) The delivery of the end devices by the customer to the provider is at the risk and expense of the customer. The customer should pack the device with sufficient protection and the shipment should be adequately insured. The device must be delivered without any connected parts (eg SIM or memory card) or the original packaging. It is recommended to keep the postage receipt. All packaging material supplied will be properly disposed of on receipt of the device, unless the customer has asked in writing to return the packaging material prior to delivery.

(2) If the examination of the device delivered by the customer reveals that it is not possible to perform the service (eg repair), ie the device is irreparably damaged, the provider reserves the right to pay the customer the costs for the diagnosis to be calculated according to the current price.

(3) The processing time may vary depending on the damage to the end device, the availability of spare parts as well as missing information from the customer and the associated need for queries. The provider informs the customer as soon as delays in the processing time become apparent. The end devices are usually sent back to the customer within three working days after the service has been performed.

(4) The end devices will be returned - unless otherwise agreed with the customer - by dispatch to the address provided by the customer. Collection by the customer is possible; In this respect, it is requested that a collection date be agreed. There are no costs for returning the repaired items. In the event of a return by dispatch, the risk is transferred to the customer in accordance with the statutory provisions as soon as the provider has delivered the item to the forwarder, carrier or the person otherwise assigned to carry out the dispatch. 

(5) Any obvious damage caused during the shipping route, in particular to the packaging, must also be reported to the carrier upon receipt of the delivery and acknowledged by him. In any case, the damaged packaging must be kept. If the damage is not externally visible, the customer must report the damage to the provider and / or the transport company within 5 days so that claims for damages against the transport company can be asserted in good time. The customer's warranty rights are expressly not affected by this paragraph.

(6) Any original packaging supplied is usually sent back to the customer together with the end device. Defective components are not sent back to the customer, but disposed of properly and free of charge if the customer does not request that the defective component be returned within one month of receipt of the order. The customer bears the costs for the separate return of the defective component.  

(7) If it is not possible to return the device to the customer (undeliverable) because the address provided by him is incorrect or incomplete, the provider will try to deliver within reasonable limits, eg by telephone or email Identify the customer's address. If the efforts that are reasonable for the provider do not lead to the determination of a deliverable address for the customer, the provider reserves the right to charge the customer the customary local costs for storing the device as well as the newly incurred shipping costs (§ 304 BGB). In addition, the statutory provisions on arrears of creditors apply.


§ 4 Failure to deliver the device

(1) The provider expressly reserves the right to claim flat-rate compensation of 70% of the order value from the customer if the device is not delivered within one month of receipt of the order. The customer is expressly permitted to prove that the provider suffered significantly less damage or no damage at all. The obligation to pay the lump sum compensation does not exist in the case of revocation, withdrawal or late delivery of the device. In the event that the customer has already paid the full payment for the provider's service, he will be reimbursed any credit for the selected means of payment.

(2) In this context, the customer is informed that the provider is already procuring spare parts, for example, when he is commissioned to ensure the fastest possible order processing, and that costs are incurred in this respect.


§ 5 Customer's duty to cooperate

(1) To protect the customer's data stored on the end device, the customer should carry out a data backup (eg iCloud backup) before delivering the end device. In this context, the customer is informed that although the data stored on the end devices are not deleted by the provider without the consent of the customer and the end devices are usually not reset to the factory settings, there is no guarantee that they will be (complete) preserved the data can be transferred to the device.

(2) The customer must provide the provider with all information necessary for the repair and undertake the necessary actions. This includes, in particular, the notification / deactivation of any device unlock code and, on the Apple iPhone, the deactivation of the "Find my iPhone" function, as otherwise a repair or the final quality and functional check is not possible. Furthermore, the customer should provide the provider with a description of the fault / damage that is as precise as possible and in particular any previous damage (eg previous liquid damage).


§ 6 Information about manufacturer warranty claims, consequences of a repair, devices with modified firmware

(1) The provider expressly points out to the customer that the use of a repair service by the provider may void any manufacturer's guarantee for the device in accordance with the manufacturer's guarantee conditions .

(2) The customer is informed that every repair service leads to a loss of the original specification or the original condition.

(3) With regard to the end devices that are waterproof according to the manufacturer's specifications (eg "Sony M2 Aqua"), the customer is informed that after a repair by the provider, the waterproofness is no longer given.

(4) The customer's attention is drawn to the fact that the provider does not perform a system recovery of end devices with modified firmware (eg “jailbreak” of the Apple iPhone).

(5) The customer acknowledges that the repair of devices which have a modified firmware may not be carried out successfully or permanently and that these circumstances cannot be influenced by the provider. With the order, the customer accepts the risks associated with the repair of a terminal equipped with a modified firmware. The above also applies to devices that have previously suffered improper or unauthorized external interference.

(6) The customer will also be informed that the provider is entitled to refuse to perform a service if he discovers (previous) liquid damage to the device. In this case, the provider contacts the customer and informs him of the risks associated with the repair of a terminal device that has been damaged by liquid. The provider will carry out the repair service despite the existing risks if the customer so requests. In this case, the customer is expressly aware that the repair may not be (permanently) successful due to the previous liquid damage. If the customer refrains from his repair order, the provider can nonetheless have the costs reimbursed by the customer.

(7) The provider advises the customer that the service life of a battery, in particular that of a lithium-ion battery, depends to a large extent on maintenance and proper use. In this context, it is pointed out that the service life of the battery is significantly reduced in the event of improper use and the lack of care and improper use is beyond the control of the provider. In this respect, the provider is not obliged to replace or exchange improperly maintained and used batteries, except in the case of intent or gross negligence. The customer reserves the right to prove that the battery has been properly cared for and used.


§ 7 Liquid Treatments

(1) The liquid treatment offered by the provider is not understood as a repair service and in particular not as a work performance within the meaning of §§ 631 ff. BGB. The liquid treatment is based on a service contract within the meaning of §§ 611 ff. BGB. The functionality of electronic devices and components can already be irreversibly canceled by contact with only a small amount of a liquid. In this respect, when a liquid treatment is commissioned, the establishment / maintenance of the functionality of the terminal device that has come into contact with the liquid is not owed.The customer is aware that due to the sensitive microelectronics, the (permanent) creation of functionality through a liquid treatment cannot be guaranteed and other or further damage can occur at a later point in time as a result of the liquid contact.

(2) The liquid treatment includes intensive cleaning and preparation of the end device. The test of the functionality of the end device naturally takes place as the last step, so that the same amount of work is incurred regardless of the result of the liquid treatment and the full remuneration for the liquid treatment is to be paid to the provider.

(3) The provider cannot guarantee that the data stored on the device will be preserved.


§ 8 Terms of Payment

(1) The customer can, if he is a consumer, make payment in advance, PayPal, instant transfer and credit card payments. Payments can be made with the provider on site in cash or with an EC card. The provider can allow customers who are entrepreneurs to pay on account. Any fees or other costs incurred in connection with the selected payment method are borne by the customer.

(2) The customer can change the payment method saved in his user account at any time.

(3) Payment of the fee is due immediately upon conclusion of the contract.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.


§ 9 Electronic data processing

(1) As part of the contract processing, the provider collects data from the customer, whereby he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act during processing. Without the customer's consent, the provider will only collect, process or use the customer's data if this is necessary for the execution of the contractual relationship and / or for the use and billing of telemedia.

(2) The customer's data will not be used for market or opinion research or advertising purposes without their consent.

(3) The customer has the right to information, correction, deletion or blocking of his personal data at any time.


§ 10 warranty

(1) The customer is entitled to the statutory warranty rights.

(2) The customer's warranty claims expire one year after acceptance. This does not apply to claims of the customer against the provider that result from injury to life, limb or health and are based on a negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent, as well as for other damage caused by a grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider. The statutory limitation period applies to these claims.


§ 11 acceptance

(1) The supplier's service is deemed to have been accepted, ie as in accordance with the contract, if the customer does not declare acceptance to the supplier within 5 working days of receiving the delivery. In this respect, the customer is already requested to take delivery. Otherwise, § 640 BGB applies.

(2) Obvious defects or damage to the end device must be reported to the provider (e.g. by email) immediately upon receipt. The same obligation applies if an obvious defect or obvious damage appears at a later point in time.


§ 12 cancellation policy and right of cancellation

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, which the provider informs about in accordance with the legal model in this paragraph.

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The right of withdrawal is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must send a clear declaration ( e.g. a letter sent by post, fax or email) to us (Handywerkstatt-Online, Kaiserstr. 7, 66849 Landstuhl, E-Mail: info@handywerkstatt-Online.de ) You can inform us of your decision to cancel this contract. You can use the attached model cancellation form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

If you have requested that the service should begin during the cancellation period, you have to pay us a reasonable amount that corresponds to the portion of the services already provided up to the point in time at which you informed us of the exercise of your right of cancellation with regard to this contract Compared to the total scope of the services provided for in the contract.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

 

 

Model withdrawal form:

 

 

 - To Handywerkstatt-online, Kaiserstr. 7.66849 Landstuhl, email: info@handwerkstatt-online.de  

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

- Ordered on (*) / received on (*)

 

- Name of the consumer (s)

 

- Address of the consumer (s)

 

- Signature of the consumer (s) (only when notified on paper)

 

- date

 

(*) Delete where inapplicable.

 

§ 13 liability

(1) Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider , his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) No liability is assumed for the loss of or damage to connected parts, the original packaging or the packaging material used for delivery (Section 3, Paragraph 1).


§ 14 Offsetting, retention

The customer is only entitled to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.


§ 15 final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer. International conventions do not apply.

(2) The copyright of the website of the provider lies exclusively with the latter. Any unauthorized reproduction or use of the website's content is expressly prohibited.

(3) If the customer is a businessman, a legal entity under public law or if he is a special fund under public law, the pla

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