Terms of Service

 

of RYMO GmbH, Badhöring 49, 4782 St. Florian am Inn
Company register number: FN 545902y Company register court: LG Ried im Innkreis
VAT ID: ATU76401779
Telephone: +43 676 84 1234 198
Web: huawei-spareparts.com
Email: office@rymo.eu

1. Validity

The deliveries, services and offers of RYMO GmbH (seller) take place exclusively on the basis of these general terms and conditions (in short: GTC); RYMO GmbH does not recognize the customer’s conflicting or deviating terms and conditions unless it has expressly agreed to their validity. Actions by RYMO GmbH to fulfill the contract do not constitute consent to contractual conditions that differ from these terms and conditions.

 

2. Order and conclusion of contract

2.1. The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer aimed at concluding a purchase contract.

2.2. The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email or post.

2.3. The seller can accept the customer’s offer within five days,

2.3.1. by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or

2.3.2. by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or

2.3.3. by asking the customer to pay after placing his order. If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4. When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before submitting his order.

2.5. Before submitting the binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.6. Only the German language is available for the conclusion of the contract.

2.7. The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

 

3. Consumer’s right of withdrawal according to § 11 FAGG

3.1. The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), can withdraw from a contract concluded outside the business premises of the company or from a distance contract within fourteen days – unless a statutory exception applies.

3.2. The withdrawal period is fourteen days. In the case of contracts for the delivery of goods, it begins on the day on which the consumer (customer) or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods that are ordered in a single order and delivered separately, from the day on which the consumer (customer) or a third party named by him, who is not the carrier, has taken possession of the last goods . It is sufficient if the consumer (customer) has sent the declaration of withdrawal within the deadline.

3.3. The right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiry date has passed (§ 18 Para. 1 FAGG).

3.4. If the consumer (customer) withdraws from the contract, then step by step

3.4.1. The RYMO GmbH the payments made by the consumer (customer), including the delivery costs (with the exception of the additional costs resulting from the fact that the consumer [Kunde] has chosen a different type of delivery than the cheapest standard delivery offered by RYMO GmbH) and to replace the necessary and useful effort made by the consumer (customer) on the item, as well as

3.4.2. The consumer (customer) to return the received goods and to pay RYMO GmbH a reasonable fee for the use, including compensation for any associated reduction in the general value of the goods

3.4.3. The consumer (customer) has to bear the direct costs of the return himself.

 

4. Prices and terms of payment

4.1. Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2. In the case of a delivery to a non-EEA country, the customer must bear all import and export charges, including any customs duties, fees, charges and bank charges.

4.3. The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4. If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5. When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the validity of PayPal -Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

4.6. If the customer is in default of payment, RYMO GmbH is entitled to choose between compensation for the damage actually incurred or interest on arrears at the statutory rate. This is for consumers: 4% pa, for companies: 9.2% above the base interest rate.

 

5. Dunning and collection fees

In the event of default in payment, the customer undertakes to reimburse RYMO GmbH for the reminder and collection charges, insofar as they are necessary for appropriate legal prosecution. In the case of business transactions, this includes a lump sum of € 40.00 as compensation for collection costs in accordance with Section 458 of the UGB. The assertion of further rights and claims remains unaffected.

 

6. Terms of delivery and shipping

6.1. Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.

6.2. If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the service a reasonable time in advance.

6.3. In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller’s headquarters after consultation with the seller. In this case, no shipping costs will be charged.

6.4. Unless otherwise agreed, we deliver within 5 days after our confirmation of the concluded contract, but not before the purchase price has been credited to our bank account. We point out any deviating delivery times on the respective product page.

 

7. Retention of Title

7.1. If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7.2. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared. When taking back goods, RYMO GmbH is entitled to charge any transport and manipulation expenses incurred. If third parties access the goods subject to retention of title – in particular through seizure – the customer undertakes to point out the ownership rights of RYMO GmbH and to notify them immediately. If the customer is a consumer or not an entrepreneur whose normal business operations include trading in the goods purchased from RYMO GmbH, he may not dispose of the reserved goods until the outstanding purchase price claim has been paid in full, in particular not sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

 

8. Warranty

8.1. The provisions of the statutory warranty apply. The warranty period for the delivery of movable objects is 2 years from the date of acceptance of the goods.

8.2. Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer.

8.3. The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8.4. Complaints based on statutory warranty claims or other complaints can be asserted using the above contact details.

 

9. Redeeming Promotional Vouchers

9.1. Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only in the specified period.

9.2. Promotional vouchers can only be redeemed by consumers.

9.3. Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.4. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.5. Only one promotional voucher can be redeemed per order.

9.6. The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.8. The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

9.9. The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

9.10. The promotional voucher is transferrable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

 

10. Place of Performance, Contract Language, Choice of Law, Place of Jurisdiction

10.1. The place of fulfillment is the registered office of RYMO GmbH

10.2. the contract language is German

10.3. The contractual partners agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the headquarters of RYMO GmbH has exclusive local jurisdiction to resolve all disputes arising from this contract.

10.4. Substantive Austrian law is applicable to this contract, excluding the reference standards of private international law (e.g. EVÜ. ROM i-VO) and the UN sales law. This choice of law only applies to consumers insofar as they do not restrict any mandatory statutory provisions of the state in which they have their domicile or habitual residence.

 

11. Severability

Should provisions of this contract be legally ineffective, invalid and/or void or become so over the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contractual partners undertake to replace the legally ineffective, invalid and/or null and void provision with one that is legally effective and valid and corresponds in its economic effect to the replaced provision – as far as possible and legally permissible.

 

12. Indemnification

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or – in the case of consumer transactions – to damage to items accepted for processing. The injured party has to prove the existence of slight or gross negligence, unless it is a consumer transaction. The provisions on damages contained in these GTC or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

 

13. Right of Withdrawal

Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

 

14. RYMO GmbH’s right of withdrawal/unjustified withdrawal by the customer

14.1. In the event of default of acceptance or other important reasons, such as default in payment by the customer, RYMO GmbH is entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties. In the event of withdrawal, if the customer is at fault, RYMO GmbH has the choice of claiming flat-rate damages of 15% of the gross invoice amount or compensation for the damage actually incurred. If the customer defaults in payment, RYMO GmbH is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.

14.2. If the customer – without being entitled to do so – withdraws from the contract or requests its cancellation, RYMO GmbH has the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged to pay a lump-sum compensation of 15% of the gross invoice amount or the damage actually incurred, at RYMO GmbH’s discretion.

 

15. Privacy

The customer consents to the personal data contained in the purchase contract being automatically supported, stored and processed by RYMO GmbH in fulfillment of this contract.

 

16. Right of retention

If it is not a consumer transaction, the customer is entitled to withhold a reasonable part of the gross invoice amount rather than the entire amount in the event of a justified complaint – except in cases of reversal.

 

17. Final Provisions

All declarations of a legally binding nature based on this contract must be made in writing to the last written address of the other contractual partner. If a declaration is sent to the last address given in writing, it is deemed to have been received by the respective contractual partner.

 

18. Approval according to § 107 TKG

The customer agrees to receive messages within the meaning of Section 107 of the Telecommunications Act (TKG) for advertising purposes from RYMO GmbH or from companies commissioned by RYMO GmbH for this purpose. This consent can be revoked by the customer at any time at office@rentyourmobile.com .

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