Terms and Conditions
GTC & Customer Information
1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Reservation of proprietary rights
8. Warranty for material defects and guarantee
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language
1. scope of application
1.1 For the business relationship between REPAIRBAHN Hamburg (owner: Nino Kallmeyer), Deichstraße 19, 20459 Hamburg: (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 10 a.m. to 7 p.m. at the telephone number 040-18200068 and by e-mail at email@example.com.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise noted with the products. In all other respects, errors are reserved.
3. order process and conclusion of contract
3.1 The Customer can select products from the Seller's range without obligation and collect them in a so-called shopping cart by clicking the "Add to cart" button. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the conclusion of the order process within the shopping cart via the "Checkout" button. 3.2.
3.2 By clicking on the "Place Order" button, the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail in which the Customer's order is listed again and which the Customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is not concluded until the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the Seller allows payment in advance, the contract shall be concluded upon provision of the bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservation of the item in case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
5 Delivery, availability of goods
5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
6.1 The customer can choose from the available payment methods within the framework of and before completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The Customer's obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. retention of title
The delivered goods remain the property of the seller until full payment.
8 Warranty for material defects and guarantee
8.1 The warranty shall be governed by the statutory provisions.
8.2 A warranty shall exist for the goods delivered by the Seller only if it has been expressly assumed. The customer will be informed about the warranty conditions before initiating the order process.
9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. declaration of consent
The repaired or exchanged terminal equipment must be collected within 3 months after the date of delivery at the latest. The contractor/shop is not obliged to remind the customer of the collection. The contractor/shop assumes no liability for stored data. Please back up data on your own responsibility. If a data backup is desired by the contractor/shop (if possible), this is subject to a charge. The measures suggested in the repair order represent a possible solution, but no guarantee of the success of a repair. The client is obliged to use the loaner device with care. If the loaner device is damaged or not returned after completion of the order, the replacement amount of the respective loaner device plus a handling fee of 50 Euro incl. VAT will be charged. The client agrees that for the purpose of quality assurance the customer data will be forwarded to the manufacturer. The repair is subject to the terms and conditions of the company REPAIRBAHN. The data protection regulations apply.
11. storage of the contract text
11.1 The Customer may print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order process.
11.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
12. final provisions
12.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The contractual language is German.
12.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Alternative Dispute Resolution according to Art. 14 para. 1 ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.