Terms and conditions of the sale
General Terms and Conditions (GTC) § 1 Scope The following General Terms and Conditions of Smartphone-Total GmbH, represented by the managing directors Christoph Niehof and Christian Schrettle (hereinafter Smartphone-Total GmbH) apply exclusively in the version valid at the time of the order. We do not recognize any conditions that conflict with or deviate from our conditions. Deviations from these terms and conditions are only effective if we confirm them in writing. § 2 Conclusion of Contract § 10 and 11 of eBay's General Terms and Conditions apply to the conclusion of a contract in the eBay internet auction house. You will find a link to the eBay terms and conditions at the end of each eBay page. § 3 Delivery, shipping costs, transfer of risk, return shipment The delivery is made at the shipping costs shown in the offer. Buyer pays for shipping. If the customer is a consumer, we always bear the shipping risk, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by us to the logistics partner commissioned. Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to the ordered ones. Obligations to refund payments must be fulfilled within fourteen days. The period begins for you with the dispatch of your declaration of cancellation or the item, for us with its receipt. § 4 Retention of title The delivered goods remain our property until the purchase price has been paid in full. § 5 Warranty The statutory warranty rights apply. For all defects that occur during the statutory warranty period of two years from delivery, you have the statutory right to supplementary performance (your choice: rectification of the defect or new delivery) and, if the statutory requirements are met, the statutory right to a price reduction or cancellation as well as to compensation. If the purchase is a commercial transaction for both parties within the meaning of § 343 HGB, the customer must report the complaint in writing immediately and have the goods ready for our inspection in order to meet his obligations within the meaning of § 377 HGB. If the customer is a merchant within the meaning of § 377 HGB, the customer can no longer assert any rights in the event of obvious defects, short deliveries or incorrect deliveries three days after receipt of the goods. The warranty rights belong only to the customer and are not transferable. § 6 consumer information in distance contracts for the purchase of goods The colors of the products shown on the Internet may differ slightly from the original for various reasons (monitor settings, quality of the graphics card, etc.). All trademarks on the products are and remain the property of the suppliers. Any use requires the approval of the supplier. Insofar as software is part of the scope of delivery, this is made available to the commercial buyer for one-time resale and to the end customer for sole use, ie he may neither copy nor change it nor make it available to others for use. A multiple right of use requires a special written agreement. The software is delivered in accordance with the license agreements of the suppliers, compliance with which the customer already assures at this point. § 7 Prices/Terms of Payment/Assignment Our prices include statutory sales tax at the applicable rate. Unless expressly agreed otherwise, all invoice amounts are due immediately without any deductions. The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, the customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The assignment of claims against us to third parties is excluded unless we have expressly agreed to the assignment in writing. Approval is to be granted if the buyer proves significant interests that outweigh our interests in maintaining the prohibition of assignment. The assignment of warranty claims within the meaning of § 5 cannot be approved. § 8 Liability Claims for damages are excluded regardless of the type of breach of duty, including tort, unless intentional or grossly negligent action is involved. In the event of a breach of essential contractual obligations, Smartphone-Total GmbH is liable for any negligence, but only up to the amount of the foreseeable damage. Claims for lost profits, saved expenses, claims for damages from third parties and other indirect and consequential damages cannot be demanded, unless a quality feature guaranteed by Smartphone-Total GmbH is intended to protect the customer against such damages. The limitations of liability and exclusions in paragraphs 1 and 2 do not apply to claims that have arisen due to fraudulent behavior by Smartphone-Total GmbH, as well as liability for guaranteed characteristics, for claims under the Product Liability Act and damage from injury to life or limb or health. Insofar as the liability of Smartphone-Total GmbH is excluded or limited, this also applies to employees, workers, representatives or vicarious agents of Smartphone-Total GmbH. § 9 Data protection The company Smartphone-Total GmbH is entitled to process the data received about the buyer in relation to the business relationship or in connection with this, regardless of whether they come from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act. Customer data is stored in accordance with Section 33 of the Federal Data Protection Act. Smartphone-Total GmbH will observe all data protection requirements, in particular the specifications of the Teleservices Data Protection Act. The customer agrees to the storage and processing of his personal data. § 10 Applicable Law, Place of Jurisdiction, Partial Invalidity, Written FormAny change to the contract, including verbal agreements, must be made in writing in order to be effective. Verbal ancillary agreements do not exist upon conclusion of the underlying contract. The law of the Federal Republic of Germany; the validity of the UN sales law is excluded. If the customer is a consumer, the statutory regulations and rights in favor of the consumer under the law of the customer's country of residence remain unaffected by this agreement. Should a provision in these terms and conditions be or become invalid, this shall not affect the validity of the other provisions. The invalid condition should be replaced by another valid condition that comes closest to the content of the regulation that would have been agreed between the parties if they had known the invalidity of the invalid provision beforehand. APPENDIX: Sample cancellation form (If you want to cancel the contract , then please fill out this form and send it back.) - To Smartphone-Total GmbH, Lochfelbenstrasse 31a, 89312 Günzburg - I/we (*) hereby revoke the contract concluded by me/us (*) the purchase of the following goods (*)/the provision of the following service (*)- ordered on (*)/received on (*)- name of consumer(s)- address of consumer(s)- signature of/ der(*) Delete where not applicable.
