These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Handyjunkies GmbH (hereinafter "we" or "Seller") and its customers concluded via the website openboxberlin.de or in the Handy Repairshop Mitte store.
§ 1 Scope
(1) The following GTC apply to all orders you place via our website openboxberlin.de, as well as to repair orders in our store in Berlin.
(2) Our GTC apply both to consumers (§ 13 BGB) and to entrepreneurs (§ 14 BGB). We do not recognise deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing.
(3) The contract language is German. English and Portuguese translations of our GTC are provided for information; in case of dispute, only the German version is authoritative.
§ 2 Conclusion of contract
(1) The presentation of products on our website does not constitute a legally binding offer but an invitation to place an order (invitatio ad offerendum).
(2) By clicking the "Buy now" / "Complete order" button, you submit a binding offer to purchase the goods in the shopping cart.
(3) The contract is concluded when we accept your order. We declare acceptance by sending a separate order confirmation by email, or at the latest by delivering the goods.
(4) An automated acknowledgement of receipt of the order does not yet constitute acceptance.
§ 3 Prices and VAT
(1) All prices on our website are final prices and include the statutory VAT of 19 % (Germany).
(2) Shipping costs are shown separately during the ordering process and are included in the final price. No shipping costs apply for in-store pickup.
(3) All prices are in Euros (EUR).
§ 4 Payment
(1) Payment is made via our payment service provider Stripe Payments Europe, Ltd. Available methods include credit and debit cards, Apple Pay, Google Pay and SEPA direct debit.
(2) The purchase price is due immediately upon completion of the order.
(3) We reserve the right to refuse individual payment methods in justified individual cases.
§ 5 Delivery and shipping
(1) We deliver within the European Union. Shipping costs are:
- Germany: 5.00 EUR (incl. VAT)
- Rest of EU: 7.00 EUR (incl. VAT)
(2) The expected delivery time is 2–4 working days within Germany and 4–7 working days in the rest of the EU. Delivery delays may occur in exceptional cases; in such cases we will inform you immediately.
(3) For consumers, the risk of accidental loss and accidental deterioration of the goods passes to the customer only upon handover of the goods.
§ 6 In-store pickup (Click & Collect)
(1) As an alternative to delivery, you can pick up your order free of charge in our store Handy Repairshop Mitte, Torstraße 130, 10119 Berlin.
(2) As soon as your order is ready for collection, you will receive an email notification.
(3) Please bring an official photo ID and the order number with you for collection.
(4) If you do not collect your order within 14 days of notification, we will contact you again. If collection still does not take place, we reserve the right to withdraw from the contract and refund the purchase price.
§ 7 Retention of title
The delivered goods remain our property until full payment is made.
§ 8 Warranty
(1) The statutory liability for defects applies. For used (refurbished) products, the warranty period is one year from delivery, in accordance with § 476 para. 2 BGB.
(2) Open-Box devices are carefully inspected before sale and offered in the condition described on the product page (e.g. "Refurbished A", "Refurbished B"). Cosmetic signs of use do not constitute a defect, provided they are mentioned in the product condition description.
(3) In the event of defects, you have the right to choose between rectification or replacement. We reserve the right to refuse the chosen type of subsequent performance if it is only possible at disproportionate cost.
(4) If subsequent performance fails, you may, at your choice, demand a reduction in price or withdraw from the contract.
§ 9 Repair services
(1) Repair requests can be submitted online via the repair form or directly in our store. The online request is a non-binding preliminary request; the repair contract is concluded only upon delivery of the device to the store and written order confirmation.
(2) Before starting the repair, we will provide a free quotation if necessary. The amount stated in the quotation is a guide value; in case of significant deviations we will contact you before execution.
(3) For repairs we strongly recommend creating a data backup in advance. We are not liable for data loss that may occur due to the repair.
(4) The repair duration is non-binding and depends on the availability of spare parts.
(5) Repaired devices must be collected within 6 months of notification of completion. After this period and two documented reminders, we are entitled to dispose of the device to cover our costs (repair, storage), insofar as legally permissible.
§ 10 Liability
(1) We are liable without limitation for damage arising from injury to life, body or health based on a negligent or intentional breach of duty by us, as well as for other damage based on a grossly negligent or intentional breach of duty.
(2) For damage caused by slight negligence, we are liable only in the event of a breach of a material contractual obligation (cardinal obligation). In this case, liability is limited to the foreseeable, contract-typical damage.
(3) Any further liability is excluded. Liability under the Product Liability Act remains unaffected.
§ 11 Right of withdrawal
Consumers have a 14-day right of withdrawal. Details can be found in our separate Cancellation Policy.
§ 12 Dispute resolution
(1) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.
(2) We are not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as mandatory consumer protection provisions of the country in which the consumer has his habitual residence do not conflict.
(2) The exclusive place of jurisdiction for all disputes arising from this contract is, as far as legally permissible, Berlin.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.