Terms of service
Terms and conditions for the online shop on the website of the World of Mobiles GmbH
§ 1 Scope
The following conditions apply to the sale of goods and the provision of services by the World of Mobiles GmbH (hereinafter World of Mobiles GmbH).
§ 2 Conclusion of contracts; Contract
The submission of an offer by the Customer shall be sent the order (electronically, by mail or fax) to the World of Mobiles GmbH. The order is a binding offer to conclude a contract for the sale of goods and / or a network card agreement (as applicable). Does World of Mobiles GmbH the offer, this is done by an order confirmation via e-mail or post. If a contract with a simultaneous connected Mobile phone contract, then the occurrence of the condition precedent of the acceptance of the customer by the Mobile operator of the contract. The contract is concluded in German language. Specifications, drawings, illustrations, technical data, weight measurement and descriptions contained in brochures, catalogs, newsletters, ads or price lists, have a purely informational character. World of Mobiles GmbH is not responsible for the accuracy of this information. As regards the scope and nature of the delivery, the data contained in the order confirmation are binding. Your contractor when ordering goods (eg mobile phones, mobile phone accessories, Sparen parts, etc.) is the World of Mobiles GmbH, represented by the managing director Nicolas Rau & Achim Tittel, Str. 35, 89257 Illertissen, Germany
Your contractor for the conclusion of a Mobile phone contract are the respective network operators and service providers.
§ 3 Delivery time, transfer of risk
World of Mobiles GmbH delivers the goods in accordance with the agreements. World of Mobiles GmbH is entitled to make partial deliveries and to bill them as long as it is reasonable for this taking into account the interests of the client.
For entrepreneurs I. S. §14 BGB, the risk passes to the customer upon World of Mobiles GmbH and its suppliers has the goods to the carrier or freight forwarder or other specific delivery person. If delivery is delayed for reasons for which the customer is responsible, the risk passes to the statement of readiness for shipment to the customer. The delivery is subject to the proviso that the ordered goods are available. About the unavailability of the goods or any part of the customer deliveries of World of Mobiles GmbH is informed immediately. Already paid-services the customer will be refunded immediately.
§ 4 Payment, costs. The payment of the goods takes place by direct debit, in advance or cash on delivery. Delivered by special arrangement with an invoice, the purchase price within 7 days from date of invoice is due without any deduction.
If the customer chooses the payment method "Last Name", so are extra. To pay 7,90 EUR + 2,00 € COD fee.
Off rights to the customer only if his counterclaims have been legally established, undisputed or recognized by World of Mobiles GmbH.
§ 5 delay of the customer
The customer fails to pay the agreed fees in arrears, World of Mobiles GmbH is entitled to charge interest at the rate of 5% above the current base rate. Can World of Mobiles GmbH demonstrate higher damages, World of Mobiles GmbH is entitled to claim it. Is World of Mobiles GmbH prevented due to the entering in World of Mobiles GmbH and its suppliers stoppages, labor walkouts, lockouts, official orders or other cases of force majeure, not requiring or imputable temporarily from delivering the purchased item at the agreed time and corresponding services to provide, these dates and times will be extended accordingly to the duration of the disability. The impediment lasts longer than eight weeks, either party may withdraw from the contract.
If payment is delayed - in respect of an overdue installment - and at other breach of contract by the Purchaser, World of Mobiles GmbH is entitled to repossess the goods.
§ 6 Retention of title
World of Mobiles GmbH reserves the ownership of all of their delivered goods until all claims arising from the contractual relationship and other receivables, the World of Mobiles GmbH acquires retrospectively against the customer directly related to the delivered goods, for whatever legal reason ago ,
Before transfer of title Customer shall dispose of the goods subject to retention of title without the prior written consent of World of Mobiles GmbH. If third parties, in particular the attachment of the purchased item, the customer has the World of Mobiles GmbH immediately notified in writing and inform the third party of the subject property of World of Mobiles GmbH. Notice periods for Mobiles phone contracts when they run more than 1 year (§312 c section 2 in conjunction with § 1 paragraph 3 BGB Information Regulations), amount to generally 3 months to the end of the contract. The contract shall be terminated at the respective contract partner (network operator or service provider) and not in the World of Mobiles GmbH.!
§ 7 Warranty
Ensures World of Mobiles GmbH that the Goods will be free of defects which cancel or reduce the value or suitability for normal or agreed under the contract use. If the buyer I. S. §14 BGB remains an insignificant reduction in the value or suitability of, for example, in commercial or small, technically unavoidable deviations in quality, color, dimensions, features, weight or design, out of consideration
The warranty period is 24 months from the date of delivery to the customer. Any defects must be World of Mobiles GmbH in writing to:
World of Mobiles GmbH, Str. 35, 89257 Illertissen
Is supplied by a World of Mobiles GmbH goods contains a defect, the Customer may request the removal of the defect. For entrepreneurs i.S.d. §14 BGB reserves World of Mobiles GmbH with the choice of remedy. Manages the remedy within a reasonable time, the customer is entitled to withdraw from the contract or demand a reduction in the purchase price.
The statutory liability for defects for the delivery of goods or services from sales contracts of works contracts shall be excluded if defects or damage attributable to improper handling, crash, liquid ingress or unauthorized intrusion prevention (such as removal of the Imei number) is based. Further claims by the customer, especially including claims for damages. Lost profits and other financial loss of the customer are excluded. § 3 shall remain unaffected.
REVOCATION and PATTERN OF WITHDRAWAL FORM
You have the right to revoke a period of 1 month without giving reasons this contract.
The revocation period is 1 month from the date on which you or a third party named by you, other than the carrier, the goods have taken physical possession of.
To exercise your right of cancellation, you must pay us,
World of Mobiles GmbH
Tel .: (+49) 7303-929472
Fax: (+49) 7303-929474
by means of a clear statement (eg by mail shipped by mail, fax or e-mail) about your decision to withdraw from this contract, inform. You may use the attached model withdrawal form, but it is not compulsory.
The revocation period is sufficient for you to send the message on the exercise of the right of withdrawal before the withdrawal deadline.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we will reimburse all payments we receive from you, including delivery costs (except for the additional costs arising from the fact that you chose a different method of delivery than that offered by us, cheap Ground Shipping have) to immediately repay us no later than fourteen days from the date on which the notice is received through your cancellation of this agreement with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case, you will be charged fees for such repayment. We may withhold reimbursement to as the goods received back again or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to send back the goods promptly and in any event not later than fourteen days from the date on which you notify us of any cancellation of this contract to us or passed. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct cost of returning the goods. You only need to pay for any diminished value of the goods when such loss in value is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling.
SAMPLE RETURN FORM
If you want to cancel the contract, please complete this form and send it to
us return to:
World of Mobiles GmbH
Fax: (+49) 7303-929474
Hereby give notice that (n) I / We (*) from my / our (*) signed contract for the purchase of
following goods (*) / provision of the following services (*)
Appointed on: __________ (*) obtained at: __________ (*)
Name / consumer (s):
Address of / consumer (s):
Date and signature of / consumer (s) (only for communication on paper):
(*) Delete where not applicable.
Terms and Conditions
the World of Mobiles GmbH
Service and repair
I. Introductory conditions
§ 1 Scope, definitions
(1) These terms and conditions (short follow: Terms) apply to all current and future business relationships with the customers of the World of Mobiles GmbH (hereinafter called WOM) .The customer accepts them with the business relationship.
(2) consumer within the meaning of the terms and conditions are natural persons will enter into a business relationship with those without these can be attributed to a commercial or self-employment. Contractor within the meaning of the terms and conditions are natural or legal persons or partnerships with legal personality, which is into business, acting in the exercise of a commercial or independent professional activity. Customers within the meaning of the Conditions of consumers as well as business owners.
(3) are deviating, conflicting or additional Terms of the customer, even if known, not part of the contract and also not recognized, not even in part, unless their validity is expressly agreed in writing.
§ 2 Conclusion
(1) All offers are non-binding and WOM freibleibend.Technische changes and changes in shape, color and / or weight within reason Reserved.
(2) Upon receipt of the service display at WOM is the customer with an offer to create a fee quotation on the disposal of specified in the service display error be sent if no guarantee or warranty case vorliegt.Das offer to create a chargeable cost estimate will be sent to the customer and shall be confirmed by this writing or by fax, provided that wants a continuation of the job, thus repairing the unit. If WOM not accept the order to prepare a cost estimate, as WOM will notify the customer as soon as possible.
(1) WOM provides under the concluded contract of service or repair services, in particular the repair and maintenance of hardware and telecommunications equipment.
(2) Due to the quality standards of the manufacturer is obliged to WoM complete repair of the incoming repair device in accordance with the technical description.
(3) If WOM taken and found to guarantee / warranty claims, claim that no warranty or Gewährleistunsfallvorliegt is preparing to bid for the creation of a chargeable cost estimate and
sent to the customer. This offer can accept it within 20 days (receipt by WOM) the customer.
If the customer does not accept the offer, the customer gets sent to the device unrepaired charged.
(4) The adoption of devices which will be sent prepaid to WOM may be refused by WOM. In the case of
Assumption, WOM reserves the right to charge the cost of the non-free shipment to the customer.
(1) If the customer accepts the offer is to create a chargeable cost estimate of the cost estimate
to be paid according to the price list valid at WOM.
(2) The estimate represents only an expert calculation of the estimated cost is WOM is not responsible for the accuracy of the estimate.
If, in case of repair, that this is not feasible without a substantial excess of the estimate, the customer may cancel the contract for this reason. In case of termination can WOM one of the work done entsprechenten part of the remuneration and compensation
Is a significant overrunning the estimate expected, WOM will inform the customer before the work.
(3) WOM points out that in the context of the preparation of a cost estimate already working on the device
may be required. WoM liable for any damages only for intent and gross negligence.
(1) The backup of data stored in a data unit sole responsibility of the customer before delivery of the equipment to WOM.
(2) WOM indicates that, for a repair or service performance data may be lost (eg phone number, address, etc.). A backup is performed by WOM only at the express request and for separate payment. Data backup is not covered by the warranty or guarantee of the manufacturer. WoM expressly points out that a backup can not be performed successfully in all cases. Costs for backup are collected on success.
(3) If the customer wants the data backup WoM, he has to annotate the service display.
§6 Remuneration The remuneration is based on the extent necessary for the repair or service cost, plus the necessary expenses, in particular the price of the replacement parts needed. The calculation is valid when creating the quotation price list, this also applies to a study conducted on behalf of the customer data backup. For replacement parts, valid at the time of preparation of the cost estimates spare part prices. Prices are plus VAT each. The fee is due upon receipt of invoice, unless the customer the decrease in performance has not objected.
§7 performance, dispatch
(1) Shipping is not free, usually from the seat of WOM. All shipments are provided with standard packaging. The choice of transport is left WOM reasonable discretion, unless special arrangements are not taken.
(2) performance for all service and repair work is the seat of WOM. The sending by the Customer to WOM WOM and sending to the customer is at the risk of the customer, unless otherwise agreed in individual cases.
§8 Terms of payment
(1) Payments shall be made by cash or cash at the option of WOM on account.
(2) In excess of the calendrical determinable payment period or after a reminder, the customer is in default. A consumer shall pay interest on the debt at the rate of 5% above the base rate during the delay. A default properties under entrepreneur but at least interest during the delay, the debt at the rate of 8% above the base rate. With regard to companies Wom reserves the right to prove higher damages and claim.
(3) If the customer is with the payment of an invoice for general liquidity difficulties in arrears or his financial situation has considerably worsened after conclusion of the contract, its all liabilities WOM liable immediately. WOM is entitled outstanding repairs been meticulously execute the creation of Kostenforanschlägen and deliveries against security deposit or advance payment or to withdraw from the contract.
§9 lien of WOM, failure to pick up
(1) WOM is because of the work performed under contract and for all claims arising from the business relationship between WOM and the customer to a lien on devices that are in the possession of Wom Where under the contract. Raises the customer does not encompass the sent to him by cash on delivery device, this does not diminish or this can not be served on him, then WOM ask the client in writing, the unit within a month at her waiting for you at or according to the customer again chargeable at him send. If the customer after this call, the device is not within one month or does not lead the second delivery attempt is a success, so WOM is the sale of the unit announce the customer and thereby indicate the amount of money for which the sale is to take place.
(2) After expiration of one month from the announcement WOM is entitled to a recovery. WOM is also entitled to sell the device in the way of the private sale.
(3) The right to private sale exists, even if in accordance with paragraph 1 of WOM to be made notification to the customer at the address contained in the order can not be delivered and the customer entegen § 15 (3) WOM about a change in its address has informed.
(1) If a repair power of WOM a defect, the customer can demand a replacement within a reasonable period. The remedy shall either WOM by defect or manufacturing a new product. Replaced components shall pass into the ownership of WOM.
(2) Operating fault, damage caused by improper use, storage or third party interference is not responsible for warranty.
(3) for entrepreneurs: Warranty claims of the contractor assume that this owed pursuant to § 377 HGB inspection and complaint duly complied with. The warranty period is 1 year. applies to consumers: Obvious defects and faults are detectable within 2 weeks upon receipt against WOM writing anzuzeigen.Die warranty is 2 years.
(4) Complaints are writing to convey a comprehensible description of the error symptoms of WOM.
(5) If the customer is responsible for the failure or defect or does not exist a fault reported by the customer or a reported shortage, WOM is entitled to demand compensation from their customers resulting from the Mängelbeseitung or attempted remedial costs.
(6) Ensuring WOM not cover defects caused by external influences or by a failure to follow prescribed for the use of the subject matter of WOM Terms werden.Sie waived if the customer changes the subject of performance without the consent of WOM itself or by can change the parties unless the customer proves that the deficiency has been caused by such changes and to remedy the defect by the change will not unreasonably difficult.
(7) WOM can refuse subsequent performance until the customer has agreed fee, less a part corresponding to the economic importance of the defect or guaranteed property paid to WOM.
(8) The customer has the right to withdraw after a reasonable period for rectification and after refusal or failure of performance of the contract or demand a reduction of remuneration. The claim for damages is excluded with respect to contractor customers. A failure of performance is the earliest ago after two unsuccessful attempts defect. In addition, the following limitation of liability under § 14 applies.
§11 Contractual Right of withdrawal
(1) WOM has in each of the following cases the right to withdraw from the contract:
(A) in the case of force majeure, industrial disputes, natural disasters and similar incidents where these WOM it not only temporarily considerably more difficult or impossible to render its performance;
(B) if the financial situation or the customer's creditworthiness has considerably worsened after conclusion of the contract, in particular application has been made for the opening of insolvency proceedings;
(C) for wrong, purpose of the contract significantly endangering details of the customer's financial status or creditworthiness;
(D) breach of contract by the customer and the customer that violate morality or constitute unfair acts shops.
(2) In case of partial or temporal impossibility of the contract may be adjusted by mutual agreement to the changed conditions.
(3) Claims for compensation of WOM due to be represented by the customer impossibility or Due to withdraw from the contract for legal or contractual cancellation rights WOM is entitled to a lump-sum damages in the amount of 25% of the contractual remuneration unless the customer proves lesser damage , WOM is at liberty to prove a higher damage.
§12 assignment, compensation, retention
(1) WOM is entitled to transfer the rights and obligations arising from the business relationship with the customer to third parties, unless the purpose of the contract is not jeopardized.
(2) The Customer may assign the rightful claims without the prior written consent of WOM to third parties if it is not a monetary claim.
(3) against claims of WOM, the customer can only offset undisputed or legally established counterclaims.
(4) The customer is entitled to assert a right of retention only because herrührender directly from the respective contract counterclaims. Incidentally, the customer retention for counterclaims
only exercise against WOM if these counterclaims are undisputed or legally established.
§13 off Clause
(1) The term \ "WOM (World of Mobile) company \" in the following WOM both itself and all associated
Company of WOM GmbH according to Articles 15 et seq understand. AktG.
(2) The Contractor agrees that the requirements, the WOM WOM and other companies acquire against him
all WOM company is entitled as joint creditors; these requirements can thus be offset against liabilities
each WOM company against the purchaser.
(3) Furthermore, the company also claims against the claims of WOM WOM business enterprises
compared to other companies in the group that owns the entrepreneur will be charged.
(4) The rules contained in Section 1 addition, the company claims against WOM company claims
of WOM company over other companies in the group that owns the entrepreneur,
will be charged.
(5) The foregoing provisions shall also apply if the one hand, Cash, on the other hand bills of exchange is agreed
or if the mutual claims are due on different dates, which is invoiced with.
(6) The employer waived, in a majority of claims in determining the requirements to be offset by WOM contradicting (see FIG. §396 para. 1 sentence 2 BGB).
(7) Upon request WOM specifies all affiliates of WOM.
§ 14 Limitation of Liability
(1) In the case of slight negligence, the liability of WOM limited to the type of service foreseeable, typical, direct average damage. This also applies to slightly negligent breach of duty by the legal representatives or vicarious agents of WOM. For companies WOM is not liable for the infringement of negligible Vertragsplichten.
(2) The above limitations do not affect claims of the customer from product liability. The limitations of liability do not apply to WOM to body or health or loss of life of the customer.
(3) Claims of the customer due to a defect shall expire one year from the delivery of services or acceptance of the work. This gillt not when WOM accused of fraud.
§15 data protection, credit check
WOM reserves the right, in individual cases to check the creditworthiness of the customer and identity. In this connection,
the sending of a copy of the identity card of the customer may be required.
The data required for business transactions will be saved and the order processing if necessary
to associated companies. The contract data (name, first name, date of birth, street / house number,
Postcode / location) can be used to induce third parties if required a credit check. The addresses of each
Data recipient will be provided upon request. This notice is in accordance with the provisions of § 33 para. 1
Federal Data Protection Act (BDSG). All personal data is handled confidentially.
Through the entrance of the service indicator, the customer agrees to the storage of data agree. He is always
right to obtain his data and, if necessary, to make change information.
§16 Final Provisions
(1) Acts of God, which make a contractor a service or obligation essential or impossible
do not entitle the contractors concerned, the fulfillment of this duty or obligation for the duration
disability and postpone a reasonable time.
Force majeure labor disputes in the premises of the contractor or labor disputes in third companies
and similar circumstances on which the parties are directly or indirectly affected the same. This particular gillt
for delays in the provision of services by WOM if this or missing legwork their suppliers
(2) may be WOM third parties, particularly related companies, as the agents in carrying out its
Obligations to operate. The contractual obligations of WOM remain unaffected.
(3) The customer is obliged WOM all his person and relevant to the mission changes
(4) The law of the Federal Republic of Germany shall apply with the exception of the UN Sales Convention to all legal relationships between WOM and the customer (CISG United Nations Convention on Contracts for International Sale of Goods of 11.04.1980).
(5) the registered office of WOM is agreed, provided that the customer is a merchant, a legal entity under public law or public special fund is sole place of jurisdiction for all disputes arising out of this contract. The same gillt if the customer when it lodged no general jurisdiction, place of residence or usual place of residence in the Federal Republic of Germany or one that is not known.
(6) If any provision of these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties shall in such case be obliged to contribute to the creation of rules by which a the invalid provision coming close as possible result is obtained legally effective.