Terms of service
Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Firstcom Trading GmbH) via the website www.carbonphonepro.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. An entrepreneur is any natural or legal person or partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods .
(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar wording) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the internet browser) or to cancel the order.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Mollie"
(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights regarding liability for defects (statutory warranty) apply.
(2) Insofar as you are informed of this by us before submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above limitation does not apply:
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following applies in derogation from the above warranty provisions:
a) Only our own statements and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by repair or replacement. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise indicated, in particular by the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs that arise from moving the goods to a place other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to culpably caused damage attributable to us resulting from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with rights in respect of defects.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of the more favourable provision).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is filed. This does not affect the right to also bring an action before the court at another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Identity of the seller
Firstcom Trading GmbH
Marienstr. 41
40210 Düsseldorf
Germany
Phone: 021163552858
E-mail: shop@carbonphonepro.com
Company complaints office:
Please always submit complaints by e-mail to the following address: shop@firstcomtrading.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are carried out in accordance with the provisions "Conclusion of the contract" of our Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German .
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the Terms and Conditions will be sent to you again by e-mail.
4. Codes of conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you upon handover of the goods, 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 another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were drawn up by the lawyers of Händlerbund who specialise in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters (Abmahnungen). Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29.11.2022
I. Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Firstcom Trading GmbH) via the website www.carbonphonepro.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. An entrepreneur is any natural or legal person or partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods .
(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar wording) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or similar wording), you declare legally binding acceptance of the offer, whereby the contract is concluded.
§ 3 Special agreements on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Mollie"
If you select a payment method offered via "Mollie", payment is processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. "Mollie" may use other payment services to process payments; if special payment conditions apply to these, you will be informed of them separately. Further information on "Mollie" can be found at https://www.mollie.com/de.
§ 4 Right of retention, retention of title(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights regarding liability for defects (statutory warranty) apply.
(2) Insofar as you are informed of this by us before submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above limitation does not apply:
- to culpably caused damage attributable to us resulting from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following applies in derogation from the above warranty provisions:
a) Only our own statements and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by repair or replacement. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise indicated, in particular by the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs that arise from moving the goods to a place other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to culpably caused damage attributable to us resulting from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with rights in respect of defects.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of the more favourable provision).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is filed. This does not affect the right to also bring an action before the court at another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Identity of the seller
Firstcom Trading GmbH
Marienstr. 41
40210 Düsseldorf
Germany
Phone: 021163552858
E-mail: shop@carbonphonepro.com
Company complaints office:
Please always submit complaints by e-mail to the following address: shop@firstcomtrading.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are carried out in accordance with the provisions "Conclusion of the contract" of our Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German .
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the Terms and Conditions will be sent to you again by e-mail.
4. Codes of conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you upon handover of the goods, 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 another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were drawn up by the lawyers of Händlerbund who specialise in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters (Abmahnungen). Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29.11.2022
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