The following General Terms and Conditions (GTC) govern the business relationship between refixo GmbH (hereinafter: FLUXREPAIR.DE), Kurfürstendamm . 157/158, 10709 Berlin, Germnany, represented by the managing director Jimmy James, ibid (hereinafter: FLUXREPAIR.DE) and its customers.
Customers can be consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
Consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.
An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
As far as licence and other conditions of the manufacturer are attached to the products, these must be observed. Refixo points out that product names and logos are the property of the respective manufacturers.
After sending the contract offer, the customer will receive an automatically generated confirmation of receipt from refixo GmbH by e-mail. This e-mail does not constitute acceptance of the repair offer.
Subsequently, refixo GmbH will send the customer an offer for the preparation of a cost estimate for the elimination of the defect specified in the defect description. The quotation will be sent to the customer and must be confirmed by the customer in writing, by fax or verbally if the customer wishes to proceed with the order and thus have the device repaired. If refixo GmbH does not accept the order for the preparation of a cost estimate, refixo GmbH will inform the customer immediately.
All offers made by refixo GmbH are non-binding and subject to change. Technical changes as well as changes in shape, colour and/or weight are possible within reason.
refixo GmbH provides service or repair services within the scope of the concluded contract. This usually includes the repair and maintenance of hardware and telecommunications equipment, in particular smartphones.
As a rule, the manufacturers warranty expires as a result of the repair. If the customer does not agree to this, the customer must contact the manufacturer to discuss the scope of the warranty and how it will be modified in the event of a repair. If the customer does not accept the offer or if there is irreparable damage (total loss), the equipment will be returned to the customer unrepaired. The same applies if the customer reports damage which, after inspection, has a cause other than that stated by the customer. In this case, the cost of repair may vary considerably. If the customer does not wish to have the unit repaired, the unit will be returned to the customer unrepaired. In any case of an unrepaired return, the customer will be charged a flat rate of 39.00 Euro by refixo GmbH. The customer is at liberty to prove lower costs.
refixo GmbH may refuse to accept devices sent to refixo GmbH carriage forward, unless refixo GmbH has received a warranty claim from a consumer. In the event of acceptance, refixo GmbH reserves the right to charge the customer for the cost of the freight collect shipment.
Replaced or removed parts become the property of refixo GmbH without compensation.
Only defective units or defective parts must be returned, in particular without the original packaging, manuals and non-defective accessories, even if these were attached for protection or as accessories (e.g. cards, protective films, cover flaps and other loose housing parts, toner). Nevertheless, refixo GmbH shall not be liable for any loss or damage to non-defective items sent in. Likewise, refixo GmbH accepts no liability for damage to equipment or accessories caused by unnecessary or unsafe/not manufacturer-recommended replacement parts.
As part of the repair, the unit or accessory may be reset to factory settings.
refixo GmbH is entitled to use third parties to provide the (repair) services and to deliver the repaired device.
Repairs to special manufacturers who do not wish to be repaired and do not offer a repair service, as well as devices that have been designed in such a way that a repair without damage is possible, must normally be refused. With the customers agreement, alternative solutions can be worked out so that a repair is possible at all. This may be the case if there are no spare parts available or if the equipment has been designed in such a way that it cannot be opened or repaired without damage. The repair can only be carried out if the customer agrees to the alternative arrangements. After repair, the unit may have a different colour, a temporary connection or lose its waterproofing. If you do not want this, please do not agree to an alternative repair.
refixo GmbH would like to point out that it may be necessary to intervene in the device prior to the actual repair as part of the service or when preparing a cost estimate.
refixo GmbH may use third parties, in particular affiliated companies, as vicarious agents in the performance of its service obligations. The contractual obligations of refixo GmbH remain unaffected by this Notification
The customer is obliged to inform refixo GmbH without delay of all changes that affect his person and are relevant to the contract.
In order to process orders, refixo GmbH requires certain customer information in order to check the functionality of the submitted devices (device code, unlock sample). Every END CONSUMER is obliged to provide this information, without which it is not possible to check the devices submitted, the order may be rejected and refixo GmbH may charge a fee of €19.95 for processing and return shipping.
In the case of a cost estimate accepted by the customer, the current price list of refixo GmbH shall apply.
The cost estimate is merely a calculation of the expected costs. refixo GmbH accepts no liability for the correctness of the cost estimate. If it becomes apparent during the repair that it cannot be carried out without significantly exceeding the cost estimate, the customer may terminate the contract for this reason. In the event of termination, refixo GmbH may demand a portion of the remuneration corresponding to the work performed and reimbursement of expenses not included in the remuneration. If a significant overrun of the cost estimate is to be expected, refixo GmbH will inform the customer of this before the work is carried out.
The customer is obliged to ensure that all stored data has been deleted or saved in some other way before handing over or sending in the device or accessories. refixo GmbH expressly points out that any stored data may be lost during repair or servicing.
At the express request of the customer, refixo GmbH will attempt to preserve existing data on the device if conditions permit (depending on the type of device and the type of data to be backed up, etc.). Data backup is not covered by the manufacturers warranty or guarantee. refixo GmbH expressly points out that existing data may be lost in whole or in part if the data backup attempt fails. In the event of a successful backup, the costs of the backup will be invoiced. This offer does not include accessories.
If the customer wishes to have the data backed up by refixo GmbH, he must note this on the service note.
The remuneration of refixo GmbH is calculated according to the time required for the repair or service, plus the necessary expenses, in particular the price of the required spare parts according to the current price list.
Spare parts will be charged at the prices in force at the time the estimate is made. Payment is due on receipt of the invoice, unless the customer has a valid reason for not accepting the service.
Shipments are always made freight collect, usually from the headquarters of refixo GmbH. Exceptions are warranty cases of consumers, where the delivery is free of charge to the consumer. All deliveries are made in standard packaging. The choice of the mode of dispatch is left to refixo GmbH. Deviating agreements remain reserved.
If the customer is an entrepreneur, the following applies: The place of performance for all service and repair services is the registered office of refixo GmbH. Shipment by the entrepreneur to refixo GmbH and shipment by refixo GmbH to the entrepreneur shall be at the entrepreneurs risk, unless otherwise agreed in individual cases. The statutory provisions shall apply to consumers.
Payment can only be made by bank transfer, Paypal or cash.
refixo GmbH shall be entitled to a lien on devices that have come into the possession of refixo GmbH within the scope of the order on account of the services rendered in accordance with the order and on account of all claims arising from the business relationship between refixo GmbH and the customer. If the customer does not collect the device sent to him by cash on delivery, does not accept it or if it cannot be delivered to him, refixo GmbH shall request the customer in writing to collect the device from him within one month or, at the customers option, to send it to him again at a charge. If the customer does not collect the device within one month after this request or if the second delivery attempt is unsuccessful, refixo GmbH shall notify the customer of the sale of the device and state the amount for which the sale is to take place.
After the expiry of one month after termination, refixo GmbH shall be entitled to dispose of the device. refixo GmbH shall also be entitled to dispose of the device by way of private sale.
The right of private sale also exists if the notification to be sent by refixo GmbH in accordance with paragraph 1 cannot be delivered to the customer at the address contained in the order and the customer has not informed refixo GmbH of a change of address.
If a repair performed by refixo GmbH shows a defect, the customer may demand subsequent performance within a reasonable period of time. Subsequent performance shall be effected at the discretion of refixo GmbH either by remedying the defect or by producing a new work. Replaced parts shall become the property of refixo GmbH without compensation.
Operating errors, damage caused by improper use, storage or intervention by third parties are not covered by the warranty.
In the case of waterproof products, waterproofness cannot be guaranteed after repair or diagnosis (opening). If you do not agree, please send the unit directly to the manufacturer.
The following applies to companies: Warranty claims by companies are subject to the condition that they have properly fulfilled their inspection and complaint obligations. The warranty period is 1 year. Excluded from this are claims of the customer from product liability, in the case of intent and physical injury or loss of life attributable to refixo UG, in the case of non-fulfilment of independent guarantees and if refixo UG can be accused of fraudulent intent. The warranty period for consumers is 2 years. As a rule, refixo UG gives a 1-year guarantee on the installed parts. If the installed parts have been damaged by the customer or other external influences, this is not covered by the guarantee. If the spare parts lose their function without any external influence, refixo UG will check the spare part and if it is established that no external influences have contributed to the damage, the parts will be replaced.
Notices of defects are to be sent to refixo UG with a comprehensible description of the defect. In the case of entrepreneurs, the description must be in writing.
If the customer is responsible for the fault or defect, or if a fault or defect reported by the customer does not exist, refixo UG is entitled to demand compensation from the customer for the costs incurred by the remedy or attempted remedy.
The warranty of refixo UG does not cover defects caused by external influences or by non-compliance with the conditions of use for the use of the subject of performance specified by refixo UG. It does not apply if the customer modifies the object of performance himself or has it modified by a third party without the consent of refixo UG, unless the customer proves that the defects were not caused by such modifications and that the rectification of defects is not unreasonably impeded by the modification.
refixo UG may refuse subsequent performance until the customer has paid refixo UG the agreed remuneration, less a portion corresponding to the economic significance of the defect or the warranted characteristic.
The customer has the right to withdraw from the contract or to demand a reduction of the remuneration after setting a reasonable deadline for subsequent performance and after refusal or failure of subsequent performance. The right of the customer to claim damages is excluded. Subsequent performance shall be deemed to have failed at the earliest after two unsuccessful attempts to remedy the defect.
refixo GmbH has the right to withdraw from the contract in the following cases
in the event of force majeure, labour disputes, natural disasters and comparable events, insofar as these make it considerably more difficult or impossible for refixo GmbH to provide its services, and not just temporarily, or if the customers financial circumstances or creditworthiness deteriorate considerably after conclusion of the contract, in particular if an application is made to open insolvency proceedings, or if the Customer has provided incorrect information about its financial circumstances or creditworthiness, which materially jeopardises the purpose of the contract, or if the Customer behaves in a manner contrary to the terms of the contract or engages in activities that are contrary to good morals or constitute unfair trading practices;
In the event of partial or temporary impossibility, the contract may be adapted to the changed conditions by mutual agreement.
In the event of claims for damages by refixo GmbH due to impossibility for which the customer is responsible or due to withdrawal from the contract on the basis of statutory or contractual rights of withdrawal, refixo GmbH shall be entitled to a lump sum compensation amounting to 30% of the respective contractual remuneration, unless the customer can prove that the damage was lower. refixo GmbH shall be at liberty to prove that the damage was higher.
refixo GmbH shall be entitled to assign the claims and obligations arising from the business relationship with the customer to third parties, provided that the purpose of the contract is not thereby jeopardised.
The customer may only assign claims to which he is entitled to third parties with the prior written consent of refixo GmbH, insofar as this does not concern a monetary claim.
The customer may only offset claims of refixo GmbH against undisputed or legally established counterclaims.
The customer is only entitled to assert a right of retention due to counterclaims arising directly from the respective contractual relationship. Otherwise, the customer may only exercise a right of retention against refixo GmbH if these counterclaims are undisputed or have become res judicata.
refixo GmbH is only liable for intent and gross negligence.
The customer is obliged to make and keep backup copies of the data that he has stored or processed on his device or accessories. refixo GmbH is not liable for the loss of data if the damage is due to the customers failure to make backups and thus ensure that lost data can be restored with reasonable effort.
Entrepreneurs claims become statute-barred one year after delivery of the goods or acceptance of the work. For customers who are consumers, the limitation period of one year shall only apply to claims for defects relating to used goods delivered by refixo GmbH in its own name. In all other respects, the statutory limitation periods shall apply to consumers. These provisions do not limit the liability of refixo GmbH for damages arising from injury to life, body or health, for claims under the Product Liability Act and for the non-fulfilment of independent guarantees. Furthermore, refixo GmbH shall not be liable for the breach of obligations the fulfilment of which is essential for the proper performance of the contract and on the fulfilment of which the customer may regularly rely. However, the amount of this liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract, unless there is intent or gross negligence. The same applies to breaches of duty by our vicarious agents. Insofar as refixo GmbH provides access to other websites via links, refixo GmbH is not responsible for the third-party content contained therein. Nor does refixo GmbH adopt the third-party content as its own. The provider of the linked site is solely responsible for its content and any damages resulting from it, not the person who merely refers to the respective publication via links. Should we become aware of any illegal content on these pages, we will immediately block access to them.
The customer and refixo GmbH mutually undertake to observe the statutory provisions on data protection in the performance of the contractual relationship and to impose compliance with these provisions on their employees. The contracting parties mutually undertake to provide evidence of compliance with this obligation on request in the form required by the statutory provisions.
refixo GmbH shall collect, process, store and use the customers personal data in automated procedures, insofar as this is necessary for the processing of the order, in compliance with the relevant legal provisions.
The customer is entitled at any time to obtain information about the data stored about his person and, if necessary, to correct, block or delete such data.
refixo GmbH uses the services of third parties in the course of its business operations, in particular companies commissioned to process order data in accordance with §11 BDSG.
refixo GmbH is also entitled, with the customers consent, to use the customers personal data for its own information, marketing and market research purposes or to pass the data on to affiliated companies for information, marketing and market research purposes. Customers who have been contractual partners in the past may be contacted by post for their own purposes without separate consent, provided that refixo GmbH only processes name, title, academic degree, address and year of birth. The use of the customers personal data by refixo GmbH or its transfer to affiliated companies is only possible within the scope of the aforementioned purposes. The customer is entitled at any time to object to the collection, storage, use and transmission of his personal data by refixo GmbH or third parties for the purposes stated. The revocation can be sent by e-mail or by post to Kurfürstendamm. 157/158, 10709 Berlin.
refixo GmbH reserves the right to check the creditworthiness and identity of the customer in individual cases. In this context, the transmission of a copy of the identity card and / or the credit card specified by the customer may be required.
All personal data will of course be treated confidentially. The customer can inform refixo GmbH about the result of the request.
The customer and refixo GmbH mutually undertake to either destroy the data collected in connection with the respective business relationship or company-specific information that has come to their knowledge in accordance with data protection law after termination of the business relationship or to continue to treat it in accordance with the relevant data protection provisions.
By accepting the Terms and Conditions upon receipt of the Service Notification, the Customer declares that he/she understands the scope of the storage, use, processing and transfer of his/her data. He is entitled at any time to request information about the data stored and to have his data corrected or deleted within the framework of the legal provisions. He is entitled at any time to object to the use of his data for information, marketing and market research purposes or to revoke any consent given in this respect, e.g. by e-mail to HYPERLINK or by post to refixo GmbH, Kurfüstendamm. 157/158, 10709 Berlin.
All legal relationships between refixo GmbH and the customer shall be governed by the laws of the Federal Republic of Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods.
Any terms and conditions of the customer that deviate from these General Terms and Conditions shall not apply.
The exclusive place of jurisdiction for disputes arising from this contract shall be the registered office of refixo GmbH, provided the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer has no general place of jurisdiction, residence or habitual abode in the Federal Republic of Germany at the time the action is brought or if such a place of jurisdiction is unknown.
