General terms of business
§1 area of application of these Terms and Conditions
(1.1) The general terms of business Terms and Conditions are valid for all contracts, them a consumer or an enterpriser (in the following: Customer) with the company Computerhilfe-Hamburg.org Nico Keller, Thüreystrasse 57 in 22455 Hamburg, (in the following: Enterpriser) about the website closes www.comptuerhilfe-hamburg.org. As far as nothing else agrees, it is contradicted the inclusion by general terms of business of the customer.
(1.2) Consumer for the purposes of these Terms and Conditions is every natural person who closes a legal deal for purposes which can be added predominantly neither her commercial ones nor her independent professional activity (§13 Civil Code). Enterpriser is every natural or legal entity or a having legal capacity personal society which trades by end of a legal business in exercise of her independent professional or commercial activity (§14 Civil Code).
§2 realisation of the contract
(2.1) The object of the contract is the performance of achievements concerning the repair of PCs, computers, laptops, notebooks, smartphones or rescue of data which are on a sent hardware brought by the customers.
(2.2) They print for this first the respective PDF form which are over in the imprint of the web page deposited, these fill with the suitable data and add this to the package. With personal delivery these are filled on site.
(2.3) The dispatch of defective hard discs should occur mainly without accessories like cable and external cases, because cables and cases are not sent back. Same is valid for special packaging material in particular towels etc.
(2.4) First an examination of the technical practicability of the repair or data rescue occurs. Provided that view of success of the repair or data rescue exists, an obliging offer of the customers is sent by the enterpriser by e-mail. In this case becomes the hardware assures to the customer sent and the forwarding expenses are to be paid in advance to the enterpriser.
(2.5) If the customer accepts the offer expressly, the contract comes about. If the customer rejects the offer expressly, the hardware sent by the customers becomes at the expenses of the customer whom the customer has to perform by precash to the enterpriser, assures to the customer sent back.
(2.6) If the contract comes about by the acceptance of the offer by the customer, the customer receives successful data rescue the result informed from the enterpriser after realisation of the repair, completely or partly. Following that the customer receives a calculation which he can pay exclusively by precash by bank credit transfer or bar.
(2.7) After payment entrance of the entire invoice amount including forwarding expenses, the repaired devices and/or the customer data on a medium are dispatched to the customer insured or are handed over personally. The dispatch of the repaired devices or medium with the saved data occurs exclusively to the address given by the customers. Also exclusively the principal can only fetch for data protection reasons this.
§3 quote, payment and terms of delivery
(3.1) In the offers of the enterpriser to cited prices are whole prices and contain no legal sales tax according to §19 UStG (gross prices). Offers and prices are not-binding, mistakes are left and in Gross given. Divergences of the offer need a written confirmation of the enterpriser. Any prices in the point Data rescue are for the basic case which the enterpriser the defective medium may keep, provided that the data rescue was successful. Should you exist on the original state of her defective medium, the enterpriser must restore the original state which is connected with extra costs of 79€. For all offers the enterpriser keeps the property right, they may be made to third not accessible. Any prices in the point Repair (Pc, iMac, Macbook, laptop as well as smartphone) are for the basic case which the enterpriser the defective medium may keep to the expert disposal or wide utilisation, as far as individual-by contract nothing is agreed divergent.
(3.2) The dispatch occurs without exception through „DHL Paket“. The forwarding expenses prices are: to 120x60x60cm and 5 kg = 8€; to 120x60x60 and 10 kg = 10€; to 120x60x60 and 31.5 kg = 17€; for outsize like z.b. an iMac cardboard incl. contents as a "bulky goods" 30€
(3.3) By deliveries in countries beyond the European Union (e.g., Switzerland) other costs can originate for the customer, as for example costs for the monetary transmission from loan institutes (e.g., transfer fees, exchange rate fees) or import-juridical deliveries or the taxes (e.g., duties). Costs for the monetary transmission can also result if the customer carries out the payment of a third country from the European Union outside.
(3.4) Is valid for the payment in advance by bank credit transfer that the amount is due within 7 days to the payment. The order must be paid 7 days after communication about the end of our work and be fetched or be sent.
(3.5) The delivery occurs exclusively to the address given by the customers before. For fruitless Delivery attempts of the sending of the concerning hardware the customer bears the risk.
(3.6) With a data rescue we the delivery of the new hardware with the secure data can occur when the costly realisation of the necessary works is concluded. The data rescue is immediately begun after entrance of the data carrier with the enterpriser. In view of the necessary works different in each case on the sent data or on the sent data carrier the treatment period cannot be determined. Extensive works or a bad state of the hardware can entail, on this occasion that the data rescue takes up several weeks or months. The customer was informed in the acceptance form about that.
(3.7) If the customer comes in §293 Acceptance delay, the enterpriser is entitled to charge for possible damage and/or for additional expenditure.
(3.8) A contractual lien is entitled because of his demand from the repair order to the enterpriser in on account of the contract in his possession of handed device. If the customer gets the device do not wrest from multiple demand or the calculation is not paid, we are the device entitles to take over at the end of the period for safekeeping from 60 days from the first Pick up request in our continuance and to use to the satisfaction of our demands (§385 Freehand sales).
(3.9) If the device is not fetched within 2 weeks after the Pick up request or the calculation is not paid, the enterpriser reserves himself to calculate 10€ of warehouse charges per week during the camp term.
(3.10) At the end of 2 weeks after the first Pick up request the enterpriser sticks for damages and loss of the device only within the scope of coarse carelessness.
§4 retention right, retention of title
(4.1) The customer can use a retention right only if it concerns a demand from the same contractual relationship with the enterpriser.
(4.2) If the enterpriser with the repair or data rescue goes to payment in advance, Civil Code an enterpriser's lien can be exercised according to §647 In the leaving movable things.
§5 tips to the contract language and to the contract text storage
(5.1) The language between the enterpriser and customers to closed contracts is German.
(5.2) The contract text is stored by the enterpriser. The customer can print out the contract text before delivery of the order to the enterpriser, while he carries out this in the way of the pressure function of his Browers.
(5.3) The enterpriser keeps himself expressly before service provider external with special hard or software achievements to consult to DSGVO have an order processing contract with the enterpriser.
§6 liability for defects (legal guarantee)
(6.1) Provided that the subject matter of the contract shows a lack for the purposes of the law, the legal liability for defects rights exist for the customer. If the customer is an enterpriser, the period of limitation amounts deviating from the legal default only one year from preservation of the hardware. Possible defects are to be announced to the service provider with mistake description in writing. Sent product must freely arrive.
(6.2) Minor deviations of the number or called quality of the saved data show no material defect. Same is valid for information which the enterpriser effects towards the customer to extent and quality of the data rescue.
(6.3) If the customer himself is an enterpriser, he is obliged to check the produced achievement immediately and with the compulsory care and to indicate evident defects and disturbances within 7 days after inspection or possibility of the inspection in text form (e.g., by e-mail); for the term protection the timely sending of the fault display is enough. This is also valid for later ascertained concealed defects from the time of the discovery. By injury of this rebuke duty the assertion is excluded from guarantee claims.
(6.4) If the customer is a consumer, this is asked which check sent hardware and the data located here immediately on receipt of for completeness, technical correctness or other defects to. Should a defective hardware have been delivered, this should be informed of the enterpriser or the forwarding agent immediately. If a consumer (§13 does not proceed Civil Code) afterwards, however, this can have no effects on his legal guarantee claims.
(6.5) For the normal wear of the product, or for wearing parts like z.b. Batteries / accumulators no liability is assumed. This is also valid for used product, here is taken over in general no liability, unless it was confirmed in writing.
(6.6) For failure and damages which have originated from external influence, inadvertent damages, improper use, in her device carried out changes, rebuildings, enlargements, use of foreign parts, disregard, viruses or software mistake, improper transport, improper packaging or loss with return of the device to us we take over no guarantee.
(6.7) The guarantee goes out if the mistake in the device has originated from servicing or repair which was carried out by someone else than by us or one by an authorised service partner. The guarantee also goes out if stickers or standard numbers of the device or a component of the device were changed or were made unreadable.
(6.8) The customer is expressly pointed out to the possibility of overrun by technical failure and the requirement originating from it of a regular data protection. Today moreover suitable technical aid is available. By the processing of important data a customer acts roughly negligently if he omits from this regular protection. The liability for overrun is limited to intention and coarse carelessness. Our liability is limited to the restoration expenditure by presentation of backup copies. If the customer can teach none to the restoration of the data necessary backup copy, we are released from the liability completely. For an appearing overrun of the device no liability is assumed by the enterpriser.
(6.9) While opening the device or a hard disc, it can come in spite of all care for light damages which are due not to improper treatment, but on the strong sticking and components which make more difficult this.
(6.10) With a lack / defect of the product / service the service provider has twice the right to amend the affected product / service or to deliver substitute. If these attempts fail, the customer is entitled to withdraw from the purchase or service contract or to aim at a change / decrease. By the exchange of parts or assemblies or also the repair this no new guarantee duties come into force.
(6.11) If no defect / lack is given with the criticised product / service, or the defect / lack is based on improper use of the product or faulty information by the customer (with Remote support), the expenditures of the service provider are charged to the customer for the check of the product or the used Remote support time. Moreover also count mistakes which are founded by a faulty driver's system or operating system Installations as well as mistakes which are due to additional interventions of the customer.
(6.12) Untill agrees differently expressly, further claims of the customer are excluded, i.e. the service provider does not stick for escaped profit or other property damages of the customer.
(6.13) A cession of the guarantee claims into three parts is not recognised.
(6.14) As a result by devices with water damages knows the enterpriser the customer about that it is not to be excluded that in the device other secondary damages can appear. For such secondary damages the enterpriser assumes no liability.
(6.15) As a result within the scope of boards repair knows the enterpriser the customer about that other secondary damages can originate from the boards repair. The liability for from it originating other damages is not assumed by the enterpriser.
§7 cancellation right
(7.1) They have the right to revoke this contract within fourteen days without giving reasons. The cancellation term amounts fourteen days from the day of the completion of the contract. To use your cancellation right, you must add us (you inform your name, your address and, as far as available, your phone number, fax number and e-mail address) by means of an unequivocal explanation (e.g., a letter sent by post or e-mail) about your decision to revoke this contract. They can use for it the enclosed pattern-cancellation form which is not prescribed, nevertheless. If you make of this possibility use, we will transmit to you immediately (e.g., by e-mail) a confirmation about the entrance of such a cancellation. For the protection of the cancellation term it is sufficient that you send the communication about the exercise of the cancellation right before the cancellation term.
(7.2) Results of the cancellation
If you revoke this contract, we have to you all payments which we have received from you, including the delivery expenses (with the exception of the additional costs which arise from the fact that you have chosen another kind of the delivery than which from us offered, most favourable standard delivery) to pay back immediately and at the latest within fourteen days from the day in which the communication about your cancellation of this contract has come with us. For this repayment we use the same currency which you have used with the original transaction, unless with you something else was expressly agreed; in no case remunerations are calculated to you because of this repayment. If you have required that the services should begin during the cancellation term, you have to pay to us an adequate amount which corresponds to the portion up to the time at which you inform us of the exercise of the cancellation right concerning this contract already to rendered services in comparison to the whole extent of the services intended in the contract.
(7.3) pattern forms
z. H. Nico Keller
Herewith I / we revoke (n) the contract concluded by me / us about the performance of the following service:
[exact description of the too revoked goods / service]
orders in: [Order date]
[Address] [given name] [surname]
[Street + number]
[Post code + place]
[E-mail] [phone number]
Date of the cancellation: [Date of the cancellation]
Signature of the customer (only with communication on paper)
(7.4) Extract of the Civil Code §312g passes cancellation right point 8 - The cancellation right, as far as the parties have agreed on nothing else, not with the following contracts: Contracts for the delivery of goods or to the performance of services
§8 data carrier and right third
(8.1) The defective data carriers left from the customers for the data rescue cannot be sent back again, unless, a data rescue could not be carried out successfully or the back dispatch has been expressly agreed between the parties to a contract. Perhaps through this originating costs the enterpriser reserves himself to charge. For the rest, defective data carriers remain in case of a successful data rescue with the enterpriser and are extinguished expertly or destroyed.
(8.2) If the customer transmits data to the enterpriser, the customer assures towards the enterpriser that at this no right third exist or that the data transmission was lawful to the enterpriser as well as no protection of children and young people-juridical or criminal doubts exist. Out of this any originators, personality sayings or other claims as well as subsequent claims go to loads of the customer. The customer releases the enterpriser from all claims which are asserted on the basis of injuries the right third. The customer has to substitute the enterpriser out of this originating damages.
§9 validity of German right for the closed contracts
(9.1) The right of the Federal Republic of Germany is valid for the closed contract. The application of the UN-purchase right is excluded.
(9.2) With consumers is valid the legal choice certain here only in this respect when the not lasted protection is taken away by compelling regulations of the right of the state of his usual stay.
(9.3) If the customer is an enterpriser, exclusive legal venue for all disputes from the contract is the place of business of the enterpriser. With consumers are valid the legal regulations.
§10 alternative quarrel settlement
(10.1) The platform of the EU commission to the extrajudicial quarrel settlement between an enterpriser and a consumer as customers, is callable under https://ec.europa.eu/consumers/odr/.
(10.2) The enterpriser is obliged to the participation in such quarrel settlement procedures which would take place in these cases before a German consumer arbitration place not ready and also not.