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Terms of Sales

General Terms and Conditions (GTC) § 1 Scope The following general terms and conditions of Smartphone-Total GmbH, represented by 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 which conflict with or deviate from our general terms and conditions. Deviations from these terms and conditions are only effective if we confirm them in writing. § 2 Conclusion of contract § 10 and 11 of the eBay General Terms and Conditions apply to the conclusion of a contract in the eBay auction house. You will find a link to the eBay General Terms and Conditions at the end of each eBay page.§ 3 Delivery, costs shipping, transfer of risk, return shipping Delivery takes place at the shipping costs stated in the offer. The buyer pays for shipping. If the customer is a consumer, we always bear the risk of shipping that l regardless of the method of shipment. If the customer is an entrepreneur, all shipping risks and dangers pass to the customer as soon as the goods have been handed over by us to the contractual logistics partner. Transportable items must be returned to our risk.You must bear the cost of returning the goods if the goods delivered correspond to those ordered.Reimbursement obligations must be fulfilled within fourteen days.The period begins for you with the sending of your return of withdrawal or the goods, for us with its receipt § 4 Retention of title The delivered goods remain our property until full payment of the purchase price.§ 5 Warranty The statutory warranty rights apply. For all defects occurring during the legal warranty period of two years from delivery, you have a legal right to an additional service (at your choice: elimination of s defects or redelivery) and, if the legal requirements are met, the legal rights to a price reduction or withdrawal as well as to compensation. If the purchase is a commercial transaction for both parties within the meaning of § 343 HGB, the customer must immediately notify the complaint in writing and prepare the goods for our inspection in order to fulfill his obligations within the meaning of § 377 HGB. If the customer is a merchant within the meaning of § 377 of the German Commercial Code (HGB ), the customer can no longer assert any rights in the event of obvious defects, incomplete or incorrect deliveries after three days from receipt of the goods. Warranty claims are only available to the customer and are not transferable. § 6 Consumer information for distance sales contracts for the purchase of goods The colors of the products presented on the Internet may differ slightly from the original for various reasons (setting of the mon iter, graphics card quality, etc.). All trademarks on products are and remain the property of the vendors. Any use requires vendor approval. is left to the commercial buyer for one-time resale and to the end customer for exclusive use, i.e. he cannot copy it, modify it, or let others use it. Multiple usage rights require a special written agreement. The software is delivered in accordance with the license agreements of the supplier, compliance with which the customer ensures at this stage. § 7 Price / Terms of payment / Assignment Our prices include sales tax at the applicable rate. Unless expressly agreed otherwise, all invoice amounts are due immediately without any deduction. s by us. Furthermore, the customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship. The assignment of claims against us to third parties is excluded, unless we have expressly consented to the assignment in writing. Approval must be given if the buyer can prove that essential elements outweigh our interests in maintaining the prohibition of assignment. The assignment of warranty rights within the meaning of the article 5 is not subject to approval.§ 8 Liability Claims for damages are excluded regardless of the type of breach of duty, including tort, except in the case of intentional action or gross negligence.In case for 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 loss of profit, saved expenses, claims for damages of third parties as well as other indirect and consequential damages cannot be claimed, unless a quality characteristic guaranteed by Smartphone-Total GmbH is intended to protect the customer against such damages. The limitations of liability and exclusions of paragraphs 1 and 2 do not apply to claims arising from fraudulent behavior on the part of Smartphone-Total GmbH, as well as liability for guaranteed characteristics, for claims under product liability law and damage caused by injury to life, 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 notice Smartphone-Total GmbH is authorized to process the data received concerning the purchaser within the framework of the business relationship or in connection with ation with it, whether from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act. Customer data is stored in accordance with Article 33 of the Federal Act on data protection. Smartphone-Total GmbH will observe all data protection requirements, in particular the provisions of the Teleservices Data Protection Act. The customer consents to the storage and processing of his personal data. § 10 Governing law, forum, partial invalidity, written form Any modification of the contract, including verbal agreements, must be made in writing to be effective. Verbal side agreements do not exist when the underlying contract is concluded. The law of the Federal Republic of Germany; the validity of UN sales law is excluded. If the customer is a consumer, the legal provisions and rights applicable to the consumer under the law of the country of residence ence of the customer are not affected by this contract. If a provision of these terms and conditions is or becomes ineffective, this will not affect the effectiveness of the other provisions. The ineffective condition is to be replaced by another valid condition which closest to the contents of the settlement, which would have been agreed between the parties had they previously known of the nullity of the invalid provision, then please complete 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 / Delete the (*) as appropriate.