Terms of service
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier ( Smart Restore GmbH ) via the www.cellbee.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional Activity can be attributed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject matter of The contract is the sale of goods .
(2) As soon as the respective product is posted on our website, we are making you a binding offer to conclude a contract for the online shopping cart system conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Information" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or input of your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order .
By submitting the order via the corresponding button ("buy" or similar designation) you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Sofortüberweisung: Available in Germany. Your account will be debited immediately after you have placed your order.
You can find more information about Klarna here . You can find the Klarna app here .
§ 4 Right of retention , reservation of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory ones exist Defect liability rights.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
< br /> (1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, legal entity of under public law or special funds under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Smart Restore GmbH
Telephone: +49 (0) 176 - 45 97 1
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr .
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "conclusion of the contract" of our general terms and conditions (Part I .).
3. Contract language, contract text storage
3.1. Contract language is German .
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system , the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Costs incurred for the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery takes place in an EU member state, the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
7. Statutory warranty law
The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/ de / Leistungsungen / Rechtsssicherheit / agb-service .
last update: 10/27/2020