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We offer only the best products for extrem low prices. That is why we issue the "Best-Price Guaranty"!
If you find one of our articles in another german shop cheaper than with us, we will make you the same price with 10% discount!
General Terms and Conditions
Conditions 09.09.2005
§ 1 Validity of General Terms and Conditions
1. Our supplies, services and offers take place exclusively on the basis of these Terms and Conditions. These shall
also apply to all future business relationships, even if they are not explicitly agreed again. These Terms and
Conditions are considered to be accepted at the latest upon receipt of the goods or the performance of services. We
herby contradict any and all adverse confirmations of customers referring to their terms and conditions and/or
conditions of purchase.
2. Any and all agreements made between the customer and us for the purpose of carrying out this contract must be
made in writing.
§ 2 Offer and Conclusion of a Contract
1. Our offers are subject to confirmation and are unbinding. Any and all declarations of acceptance and orders need
1. Our offers are subject to confirmation and are unbinding. Any and all declarations of acceptance and orders need
to be confirmed by us in writing or by fax to become legally effective.
2. Our employees are not authorised to make any oral collateral agreements or oral confirmations which go beyond the
content of the written contract.
3. The conclusion of the contract takes place under the proviso that our suppliers deliver to us correctly and in
time. This shall only apply in the event that the failed delivery is not our responsibility, in particular, in the
event that a congruent covering operation is concluded with our supplier. The customer will be immediately informed
that the performance is not available. The counter-performance will be immediately reimbursed.
4. Any and all drawings, illustrations, measures, weights or other performance data shall only be binding if they
are explicitly agreed in writing.
5. We reserve the property and copy right for any and all illustrations, drawings, calculations and other documents.
This shall also apply to such written documents which are identified as "confidential". The customer needs our
explicit written consent to pass them on to third parties.
§ 3 Prices and Terms of Payment
1. Insofar as not otherwise indicated, the prices mentioned in our confirmation of order, plus the respective legal
1. Insofar as not otherwise indicated, the prices mentioned in our confirmation of order, plus the respective legal
sales tax, shall be relevant. Additional supplies and performances are charged additionally.
2. We reserve the right to modify our prices accordingly, if cost reductions or increases take place following the
conclusion of the contract, in particular, due to wage settlements and changes in materials prices. We will provide
proof of such at the customer's request.
3. The reduction of cash discounts must be separately agreed in writing.
4. The legal provisions shall apply with respect to any delay in payment.
5. We are authorised to use payments to clear older debts, even if otherwise stated in the customer's Terms and
Conditions. We will inform the customer about the kind of set-off. In the event that costs and interest had already
been incurred, we shall be entitled to set-off the payment, first with the costs, then with the interest and finally
with the principal performance.
6. The customer shall only have the right to set-off, if the counterclaims have become final, are uncontested or
acknowledged by us. Furthermore, the customer is entitled to exercise a right of retention, insofar as the
counterclaim is based on the same contractual relationship.
§ 4 Liability for Defects
1. Claims of the customer based on defects require that the customer has duly fulfilled his/her duty to examine and
1. Claims of the customer based on defects require that the customer has duly fulfilled his/her duty to examine and
to make a complaint in respect of a defect immediately on receipt of the goods due to § 377 HGB [Commercial Code].
2. In the event that a defect is given we shall be entitled to choose a posterior fulfilment either in the form of a
correction of faults or in the form of a delivery of a new faultless good. In the event of a correction of fault, we
are obliged to bear all expenditure necessary for the removal of the defect, in particular, transport, travel,
labour and materials costs, insofar as those are not increased because the good was transported to a place other
than the place of performance.
3. In the event that the posterior fulfilment fails, the customer is entitled to either choose to resign the
contract or to request a reduction in purchase price.
4. We are liable in accordance with the legal provisions, insofar as the customer asserts a claim for damage which
is based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious
agents. Insofar as we are not charged with intentional infringement of the contract, the liability for damage is
restricted to the foreseeable damage which typically occurs.
5. We shall be liable in accordance with the legal provisions, if we culpably violate an essential contractual
obligation, in such a case however, the liability shall be limited to the foreseeable damage which typically occurs.
6. The liability due to culpable injury of life, body or health shall remain unaffected. This shall also apply to
the mandatory liability in accordance with the Product Liability Law.
7. Insofar as not otherwise agreed in the foregoing, any and all liability shall be excluded.
8. The period of limitation with respect to claims based on defects amounts to 12 months, starting from the date of
the passing of risk.
9. The period of limitation in the event of a delivery recourse in accordance with §§ 478, 479 BGB [German Civil
Code] shall remain unaffected; it amounts to five years, starting with the delivery of the defective good.
10. Generally, only those properties are considered to be agreed as quality of the goods which are mentioned in the
technical product description. Public statements, recommendations or advertising of the manufacturer are not
considered contractual qualities of the goods.
11. In the event that the customer is provided with a defective assembly instruction, we shall only be obliged to
deliver a faultless assembly instruction. And this only in the case, that the defective assembly instruction
prevents the orderly assembly.
§ 5 Overall Liability
1. Any further liability for damages other than those provided for in § 6 shall be excluded – regardless of the
1. Any further liability for damages other than those provided for in § 6 shall be excluded – regardless of the
legal nature of the asserted claim. This shall, in particular, apply to claims for damage resulting from culpa in
contrahendo, due to other breaches of obligations or due to claims in tort for the compensation of property damage
in accordance with § 823 BGB [German Civil Code].
2. The limitation of customer's claims pursuant to para.(1) shall also apply, if the customer does not require
damages but performance, and instead said performance asserts useless expenditure.
3. Insofar as the liability for damages vis-à-vis us is excluded or limited, this shall also apply with respect to
the personal liability for damage of our employees, members of staff, co-operators, representatives and vicarious
agents.
§ 6 Delivery
Shippment costs are given on the online order summary and the confirmation of order. They vary according to the
Shippment costs are given on the online order summary and the confirmation of order. They vary according to the
method of shippment. The shippment is done on behalf of the customer and on his account. Partial delivery is
acceptable and count as stand alone deliveries.
Delivery times are not binding, unless the date of delivery has specifically been agreed to.
Delivery times are not binding, unless the date of delivery has specifically been agreed to.
§ 7 Payment
Billing method, cost and terms of payment, including payment times are given on the online order summary and the
oder confirmation. They can be dependant on the chosen method of payment.
§ 8 Reservation of Title
1. We reserve the title to the goods until all payments resulting from the business relationship with the customer
1. We reserve the title to the goods until all payments resulting from the business relationship with the customer
have been received. If the customer breaches the contract, in particular, in the event of delay of payment, we shall
be entitled to take the goods back. If we take back the goods, this shall be considered as a withdrawal from the
contract. After we have taken back the goods we shall be authorised to utilise them. The utilisation revenues must
then be set-off with the customer's liabilities, less appropriate utilisation costs.
2. The customer undertakes to treat the goods carefully. In particular, the customer shall be obliged to
sufficiently insure the goods at their new value and at the customer's own expense against fire and water damage and
theft. Insofar as maintenance and inspection work is necessary, the customer must carry out that work at the
customer's own expense and in time.
3. In the event of a seizure of property or other interventions of third parties, the customer must immediately
inform us in writing so that we can take legal action pursuant to § 771 ZPO [Civil Code of Procedure]. Insofar as
the third party is not in a condition to reimburse us the judicial and extra-judicial costs of an action pursuant to
§ 771 ZPO, the customer shall be liable for the incurred loss.
4. The customer shall be entitled to resell the goods in an orderly business procedure, however, the customer
already now assigns to us all claims, amounting to the final invoice amount (including VAT) of our claim, which
accrue for the customer from the resale vis-à-vis the purchaser or third parties, regardless of whether the goods
were resold with or without further processing. The customer shall remain entitled to collect this claim also
following the assignment. Our right to collect the claim ourselves shall remain unaffected. However, we undertake to
refrain from collecting the claim as long as the customer meets the payment obligations from the collected revenues,
is not in delay of payment or, in particular, has not filed an application to open composition or insolvency
proceedings, or cessation of payments is given. However, if this is the case, we can require that the customer
informs us about the assigned claims and the respective debtors, provides all information necessary for the
collection, hands over the necessary documents and informs the debtor (third party) about the assignment.
5. Any and all processing and reorganisation of the goods by thy customer shall always be considered to be carried
out for us. In the event that the goods are processed together with objects which are not owned by us, we acquire
the co-ownership in the new object in relation of the value of the goods (final invoice amount, including VAT) to
the other processed objects at the time of processing. With respect to the object arising through the processing,
the same shall apply as to goods which were delivered conditionally.
6. In the event that the goods are inseparably combined with other objects which are not owned by us, we acquire the
co-ownership in the new object in relation of the value of the goods (final invoice amount, including VAT) to the
other combined objects at the time of combining. In the event that the combining of the goods is carried out in such
a way that the customer's object becomes the principal object, it is considered to be agreed that the customer
assigns the proportional co-ownership to us. The customer holds the resulting sole ownership or co-ownership in safe
custody for us.
7. The customer shall also assign to us the claims for securing our claims against the customer which accrue
vis-à-vis a third party by connecting the goods with real property.
8. We undertake to release the securities we are entitled to upon request of the customer insofar as the value which
can be realised from our securities exceeds the claims to be secured by more than 10 %. The selection of the
securities to be released shall be in our responsibility.
§ 9 Return and Money Back Guarantee
Products can be returned within 14 days for a full refund insofar they are still in their original package and
Products can be returned within 14 days for a full refund insofar they are still in their original package and
unused.
The value of goods will be credited to your account. If the value of goods exceeds 40,00 € we will refund the costs
The value of goods will be credited to your account. If the value of goods exceeds 40,00 € we will refund the costs
for the return shipping. Please never send goods back to us without prior consultation with us. We will decline to
accept unstamped deliveries
Exchange of goods and return of goods is not possible in the case of consumables, opened software packages, chip
and memory cards and goods where the original manufactures seal has been broken.
For manufacturer access to product relevant features like downloading of current software/ updates no right of
return exists, as these are personalized by the manufacurer. The respective services and updated are also not
covered by our return policy
§ 10 Consumer protection laws.
Consumer Protections laws are not restricted by these terms of business. In particular not the rights of consumers
Consumer Protections laws are not restricted by these terms of business. In particular not the rights of consumers
according to the laws on distance selling.
§ 11 Privacy
Notice in respect to § 33 BDSG: Customer Data will be saved.
Service4Handys will repsect the individuals privacy according to the Bundesdatenschutzgesetzes
Notice in respect to § 33 BDSG: Customer Data will be saved.
Service4Handys will repsect the individuals privacy according to the Bundesdatenschutzgesetzes
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