| Terms and Conditions
| General trading conditions of phoneshop24 GmbH
- Conditions: 10.10.2004
These general trading conditions apply phoneshop24 "in their most current in each case version to all business relations between phoneshop24 Limited below for" mentioned and their customers, who come over the InterNet platform of phoneshop24 or the Internet Auction Ebay.
1. Area of application
1.1 the following conditions applies to the supply of goods and other achievements of phoneshop24.
1.2 for all offers and orders is determining excluding the following trading conditions. Opposing ones or of our AGB deviating conditions, additions, alterations, special agreements of the customer are not recognized, it is, phoneshop24 these expressly in writing agreed.
2. Conclusion of a contract
no legally binding offer places 2.1 the publication of the goods on the server of phoneshop24, but a noncommittal on-line offer phoneshop24 does not take over guarantee for the correctness of the product descriptions. Pictures and descriptions within the on-line offer can deviate.
the possibility has to buy 2.2 the customer by sending off of an order the goods & services of the phoneshop24 wished by it. The contract comes off, if phoneshop24 and third offerers if necessary included accept this bid. The acceptance takes place under the reservation of the availability of the ordered goods & services. The explanation of the acceptance opposite the customer takes place via a confirmation by email or a telephone confirmation.
phoneshop24 exclusively appears to 2.3 when coming off portable radio contracts opposite the customer as a mediator. A portable radio contract can be closed only between the customer and the respective third offerer.
2.4 the customer receives with distribution of the commodity one from it to contract confirmation which can be signed.
3. Maturity, payment and delay
3.1 the purchase price becomes immediately due. The payment of the purchase price takes place via one at the time of the conclusion of a contract from phoneshop24 offered payment method (e.g.: Cash on delivery, vorkasse, debit...)
3.2 by delay of payment of the customer is phoneshop24berechtigt, interests i.H.v. to require 5% over the respective basis interest rate of the civil law book. The right a higher damage to make valid, remains of it just as unaffected as the right of the customer to make a lower damage valid.
4.1 the customer justified, its contract explanation is recalled within two weeks, after receipt of the commodity without data by reasons in written form too - by letter, email or fax. In such a case phoneshop24 is free in addition justified the way of the return to have. If those cost the customer during a return by self-willed acting and without Einvertaendnis of phoneshop24 develop, are not refunded.
The revocation is to arrange on:
phoneshop24 Limited | claim & return
Bochumer Str. 7, 45276 Trebur/Germany
by email or fax
To be given change in the case of an effective revocation on both sides received achievements to be refunded and if necessary pulled uses are. If the customer cannot refund the received achievement totally or partly or only in worsened condition, it must carry indemnification according to value to that extent if necessary for phoneshop24 out. The customer can avoid the indemnification according to value obligation, if he does not take the thing like an owner in use and omits everything which their value impaired.
With transfers abroad from phoneshop24 the remittance fees of the purchase price which can be refunded will retain. During a return from a goods delivery their purchase order value altogether up to euro 40.00 amounts to, has the customer the costs of the return to carry, if the supplied commodity corresponds to the ordered. Otherwise the return for the customer is free.
the customer financed and does not recall 4.2 the present Treaty by a loan he the financed contract is bound no more he also to the loan agreement, if both contracts form an economical unit. This is to be accepted in particular if phoneshop24 is at the same time the money lender of the customer or if the money lender of the customer avails himself of the co-operation of phoneshop24 regarding the financing. If phoneshop24 the loan already flowed with taking effect of the revocation or the return, the customer can adhere because of the back completion not only by phoneshop24, but also to the money lender.
4.3 portable radio contracts can be recalled not opposite phoneshop24, but only opposite the respective third offerers, in accordance with their AGB's, to which expressly one refers. With revocation of the portable radio contract the customer is obligated to him, with the contract sent commodity (Handy, Organizer) in accordance with. Number 4,1 within the period of revocation when new at phoneshop24, claim & return, Ringstr. 20 to send 65468 Trebur/Germany back to pay or however for this resulting purchase price at phoneshop24.
4.4 the revocation is impossible, if the commodity was damaged or destroyed by being to blame for the customer.
phoneshop24 pays 4.5 back in the case of the revocation a purchase price at the customers, if necessary already paid. With transfers abroad the remittance fees are taken off. To uses drawn up to the revocation the legal regulations apply.
5. Retention of title
5.1 those of phoneshop24 delivered goods remain up to the fulfilment of all demands from the contractual relation as well as other demands, which phoneshop24 later acquires against the customer in direct connection with the supplied commodity, directly from which argument, as reservation commodity in the property of phoneshop24. This applies, even if the payments are made on particularly designated demands.
the customer may have 5.2 before transition of the property these goods only with previous written agreement of phoneshop24. With accesses third, in particular on seizing the object of the purchase has the customer phoneshop24 in writing message to immediately make and third immediately to the retention of title of phoneshop24 refer.
6. Guarantee, investigation and obligationobligation obligations
it ensures 6.1 phoneshop24 that the goods are not afflicted with lack, which waive or reduce the value or the fitness to the usual or after the contract presupposed use. An insignificant reduction of the value or the fitness remains out of consideration.
6.2 the guarantee period amounts to 2 years and begins with the delivery of the goods at the customers. Lack of the supplied goods are repaired by phoneshop24 after appropriate report of the customer within this guarantee period. This takes place by means of subsequent delivery or rework.
the commodity has to examine 6.3 the customer immediately after receipt and, if a lack shows up, to indicate this phoneshop24 in writing within 7 days under description of the lack. Same applies to lack discovered later. If the customer is not a buyer, the be incumbent onnessruegeobliegenheit being incumbent onness meets it only with obvious lack. If a report within the prescribed period is omitted, the commodity is considered as authorized.
a rework attempt succeeds to 6.4 not within appropriate period and fails it also within a further period set appropriately by the customer, then the customer can lower the claim for remuneration or cancel the contract.
6.4 As far as the customer is an entrepreneur, goes the danger turns into on the buyer, as soon as the transmission was handed over to the person implementing transport or for dispatching the camp of the phoneshop24 GmbH left. If the dispatch becomes without being to blame for retarded or impossible, the danger with the message the ready for dispatch shank turns into on the buyer, as far as he is an entrepreneur. An assumption of the transport costs by the phoneshop24 GmbH, agreed upon in individual cases, does not have influence on the passage of the risk.
to 6.5 phoneshop24 does not cling for lack damages and in the rest of only according to the regulations the number 7. The adhesion for assured characteristics and for bad cunning remains unaffected from the regulations to number 6. Large warranty claims are impossible.
6.6 phoneshop24 reserves itself for the case of an unfounded notice of defect to take the customers up for substitution of the costs developed from it.
to 7.1 for damage because of absence of characteristics, which phoneshop24 assured, as well as for damage, which was caused by resolution or rough negligence of their legal representatives or employees, phoneshop24 clings unrestrictedly.
7.2 the adhesion for damage, which is caused by easy negligence of simple employees by phoneshop24, is impossible, so far no cardinal obligation i.S.v. Number 7.3 was hurt.
7.3 the adhesion for other damage, which results to the customer by a delay of phoneshop24, from one from phoneshop24 to impossibility which can be represented or from the injury of an obligation, whose observance for the reaching of the contract purpose is of special importance (cardinal obligation), on such damage limited, which is due to the contractual use of the commodity typical and foreseeable.
for 7.4 in the case of numbers 7.3 the adhesion is besides to an amount at height of the double purchase price paid after the respective order limited.
7.5 a large adhesion, in particular for damage, which did not develop at the commodity, for escaped profit or other financial damages of the customer, is impossible.
7.6 the managing regulations applies also in favor of the coworkers and executing aides of phoneshop24.
8. Data security
so far differently agreed upon, phoneshop24 the personal data does not use 8.1 only for the purpose of the conclusion of the contract. So far necessarily data are stored and passed on in the context of the order handling if necessary to connected enterprises. The relevant data protection acts (Federal Law for Data Protection, Teledienstedatenschutzgesetz etc..) will strengstens beachtet.phoneshop24 reserves itself to catch up for the security of payments as well as in special cases of information over customers with an inquiry agency e.g. the Schufa.
9. Final clauses
9.1 changes or additions of the present Treaty require writing to their effectiveness. Verbal special agreements do not exist.
9.2 As far as otherwise does not agree, the transmission of rights and obligations from the present Treaty requires the previous written agreement of phoneshop24 by the customer on third. phoneshop24 will malfunction this agreement only for important reason.
9.3 If a determination of the present Treaty should be invalid or become, then the remaining regulations remain valid. The contracting parties agree to replace the invalid regulation by a valid regulation which corresponds economically to the objective of the contracting parties best. The same applies in the case of a gap of the contract.
9.4 The present Treaty is subject exclusively to the material right of the Federal Republic of Germany with exception of the UN-convention over the purchase of mobile things.
9.5 Place of delivery is the seat of phoneshop24. Exclusive area of jurisdiction for all disputes resulting from the contractual relation is, if the customer buyer is, legal entity of the public right or publicly legal special estate Darmstadt.
9.6 We contradict general trading conditions of the customer hereby.
10. Offerer Marking and seat of the enterprise
Company & Seat:
phoneshop24 GmbH | central office
Bochumer Str. 7, 45276 Essen, GERMANY
Copyright © 2004 phoneshop24. All rights reserved.