Terms & Conditions

General Terms and Conditions (GTC)

Hello Handy GmbH, as of November 2022

§ 1 Scope of application, definition

1.1 These Terms and Conditions apply to all orders placed with Hello Handy GmbH, 10178 Berlin, hereinafter referred to as "Hello Handy", by consumers or entrepreneurs via the internet portals or in any other form. When concluding a contract by telephone, the consumer will be informed of the validity of these GTC; in business transactions with entrepreneurs, these GTC will be included for the ongoing business relationship when the first order is placed.

1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity; a partnership with legal capacity is a partnership which is endowed with the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of contract

2.1 If you wish to purchase an item from us, you make a binding offer to conclude a purchase contract with your order (placed in writing, by telephone, verbally, by e-mail or via our online shop). You can make this offer via our online shop by placing the goods you have selected in your shopping basket. You can view the contents of your shopping basket at any time and change (quantity) or delete items you have already selected. If you then wish to purchase the items, go to the checkout and initiate the payment process.

The ordering process is divided into several steps, during which you enter your order details. At each step of the ordering process, you can cancel the order process and start again. At the end of the ordering and payment process, you send your order to us. This makes it binding for you.

With the exception of Clause 2.5, your order constitutes an offer to Hello Handy to conclude a contract. If you have verified your e-mail address, you will receive an order confirmation with which we confirm the receipt of your order. This automatically generated e-mail does not constitute an acceptance of your offer to conclude a purchase contract.

As a consumer, you are bound to your offer declaration for two days, as an entrepreneur according to section 2.2 for a fortnight. We may declare acceptance of your offer within this period. Acceptance of the offer is generally effected by delivery of the goods or, in exceptional cases, by our binding declaration of acceptance in text form in some other way - for example by means of transport information by e-mail. The automated order confirmation does not constitute an acceptance of the offer, but serves only for your information. If, in the case of consumers, delivery should exceptionally only take place after the expiry of five days, the delivery of the goods shall constitute a new offer to conclude the contract; you may tacitly accept this offer by accepting the goods and putting them to use or expressly accept it; in this respect, we waive the receipt of the declaration of acceptance (§ 151 BGB).

2.2 If the Purchaser is an entrepreneur, a preliminary contract shall initially be concluded in accordance with § 2.1, subject to a deviating agreement in the individual case. Hello Handy is initially only obliged to make efforts to ensure sufficient supply and, if necessary, to contact its suppliers. The entrepreneur is initially only obliged to notify Hello Handy in writing at least three days in advance if he is not willing to conclude the (future) contract. The preliminary contract has a binding effect for two weeks. If Hello Handy provides or delivers the goods within the two-week period and a declaration pursuant to sentence 3 Hello Handy has not been received at this point in time, the main contract shall be concluded automatically.

2.3 Should Hello Handy accept the offer at modified conditions, e.g. a deviating price, this acceptance shall be evaluated as an offer to conclude a modified contract (§ 150 II BGB). Hello Handy will inform the customer of the modified offer in text form immediately after the order. In this case, a consumer has the option to accept the offer within 14 days explicitly or tacitly - for example by accepting the goods without objection or by e-mail. In this respect, Hello Handy waives receipt of the Purchaser's declaration of acceptance (§ 151 BGB). If the buyer is an entrepreneur and does not object to the modified offer declaration within 3 days after receipt, the offer shall be deemed accepted, unless Hello Handy could not expect an acceptance of the modified offer due to a significant deviation from the original order.

2.4 In deviation from the aforementioned clauses, the conclusion of the contract for online trading platforms (e.g. ebay) shall be governed by the respective valid and in this respect overriding regulations (general terms and conditions, conditions of participation, etc.) of the respective online trading platform. On ebay, for example, according to § 6 of the ebay GTC (version of 12.03.2014), the listing of an item is already considered a binding offer to conclude a purchase contract, which is concluded either by the expiry of time with the highest offer or by activating the "buy now" option. In these cases, however, prior to the conclusion of the contract, clear reference will be made to deviating contractual conditions when registering with a corresponding online trading platform.

§ 3 Non-availability of the service

3.1 Every offer is subject to self-supply. If the ordered goods are not available because Hello Handy was not supplied by its supplier foreseeably and through no fault of its own at the time of conclusion of the contract, Hello Handy has the right to withdraw from the contract. In this case Hello Handy will immediately inform the customer that delivery is not possible and will immediately refund any purchase price already paid. This right only exists vis-à-vis consumers if Hello Handy has concluded a specific covering transaction and was unexpectedly not supplied by the supplier.

3.2 Liability for damages due to non-fulfilment is excluded if Hello Handy has acted neither grossly negligent nor intentionally with regard to the lack of availability; any liability due to pre-contractual fault (c.i.c.) remains unaffected. In the event of a wrong delivery within the meaning of § 434 III BGB (German Civil Code), the consumer shall be entitled to the statutory rights without restriction.

§ 4 Prices and shipping costs

4.1 Our goods are subject to differential taxation. Therefore, the sales tax included in the purchase price will not be shown separately on the invoice. Accidental mispricing is possible; the price indicated on the internet portals is generally binding unless we can prove that the price indicated on the internet portals or in any other form was a mispricing. In such a case, we shall be entitled to contest the contract in accordance with the statutory provisions.

§ 5 Payment, methods of payment, due date and default

5.1 The payment obligation shall become due at the latest when the goods are handed over to the customer. An invoice receipt shall be enclosed with the delivery of the goods. The invoice amount shall be paid in one sum. If payment by instalments has been agreed, the respective instalment shall be paid in full on the respective due dates, or debiting by direct debit shall be permitted and made possible by appropriate account coverage. After the expiry of 30 days from the proper receipt of the goods together with the invoice, the customer shall automatically be in default of payment (§ 286 III BGB); this shall only apply to a consumer if there is a corresponding warning notice in the respective invoice. If payment by instalments has been agreed, the due dates of the individual instalments shall be deemed to be calendar-determined performances within the meaning of § 286 para. 2 no. 1. If the Customer is in default with an instalment or in the amount of an instalment, the then still outstanding residual claim shall be due for payment immediately in one amount.

5.2 Hello Handy is entitled to extraordinary termination in case of default of payment. In addition, all existing claims shall become due immediately.

5.3 During the delay in payment, you shall be liable for any negligence and for the accidental loss of the item provided or already delivered to us (§ 287 BGB). If you do not accept the duly delivered goods - without exercising any right of revocation or return in the case of a consumer goods purchase - in the case of default of acceptance you shall in particular owe the additional expenses incurred, for example the additional express costs incurred as a result of the multiple delivery attempt or any custody costs, administrative costs, etc. (§ 304 BGB); from default of acceptance we shall no longer be responsible for simple negligence (§ 300 BGB). Default of acceptance shall be deemed to exist in particular if you are not personally present at the specified delivery address at the specifically agreed time of performance. If you unjustifiably and seriously refuse acceptance, we may withdraw from the contract and in particular claim damages for loss of business profit (§ 325 BGB).

§ 6 Delivery and obligation to give notice of defects

6.1 Delivery shall be made to the delivery address specified by the customer. If the Purchaser is an entrepreneur, the risk shall pass upon delivery of the goods to the carrier or any other person designated for shipment (§ 447 BGB); if the Purchaser is a consumer, the risk of accidental loss and accidental deterioration shall pass only upon handover of the goods to the Purchaser or from the time of default of acceptance (§ 474 II BGB).

6.2 Hello Handy shall endeavour to deliver the goods as quickly as possible; delivery periods are generally subject to timely and sufficient self-supply in accordance with § 3.1. Subject to the priority of a verifiable individual agreement, only delivery dates agreed in writing shall be binding in case of doubt.

6.3 You must inspect the goods for quality and quantity immediately after delivery. If you already find defects in the transport packaging or if the goods have been damaged during transport, we request that you also notify the shipping service provider (usually DHL) of the transport damage within seven days. Your rights as a consumer under §§ 434 ff. BGB (German Civil Code) are not restricted in the event of a breach of this obligation; in individual cases, however, a contributory negligence on your part as a consumer according to § 254 BGB (German Civil Code) may arise from the breach of obligation. If you are an entrepreneur, you must give notice of obvious defects immediately after delivery of the goods and of hidden defects immediately after discovery or objective possibility of discovery. The validity of § 377 HGB remains unaffected in the case of entrepreneurs.

6.4 If the customer is an entrepreneur, there is the possibility of direct delivery of the goods to his customers after corresponding agreement. If these customers are consumers, they shall also be deemed to be representatives of the entrepreneur entitled to receive the goods in the contractual relationship between Hello Handy and the entrepreneur; in particular, they shall be subject to the obligation to give notice of defects according to § 7.3 instead of the entrepreneur; the rights of the consumer vis-à-vis his respective contractual partner shall remain unaffected by this provision.

§ 7 Retention of title

7.1 The delivered goods remain the property of Hello Handy until full payment has been made. The same applies to items delivered within the scope of repair or other installation contracts. If you are an entrepreneur in the exercise of your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, Hello Handy shall retain title to the purchased item until settlement of all outstanding claims arising from the business relationship with the Buyer. The corresponding security rights are transferable to third parties. The legal property rights according to §§ 946 ff. BGB (German Civil Code) shall remain unaffected; the unauthorised purchaser shall be obliged to retransfer ownership of the installed component, if applicable. The retention of title shall also remain in force for all claims Hello Handy subsequently acquires against the Purchaser in connection with its delivery or service. Until the claims arising from the retention of title have been fulfilled, the items covered by the retention of title may not be resold, rented, lent or given away and may also not be put into repair by third parties; this does not affect the consumer's right to remedy defects in case Hello Handy is in default with the legally owed subsequent performance. If the buyer does not fulfil his due obligations arising from the retention of title, Hello Handy may withdraw from the contract after setting an appropriate deadline and demand the return of the goods subject to retention of title from the buyer as well as realise them in the best possible way after warning with an appropriate deadline by offsetting against his claim by private sale. All costs of taking back and realising the goods subject to retention of title shall be borne by the purchaser.

§ 8 Compensation for loss of value/deterioration; obligations of the buyer

8.1 For the loss or deterioration of the goods as well as for the impossibility to return the goods in the period between delivery of the goods and return of the goods, the customer shall pay compensation for the value only in accordance with the statutory provisions. Consideration shall be given to a loss in value not only of the product itself, but also of all other delivered factors relevant to resale, in particular the original packaging, documentation and accessories, as well as originally sealed software. The Purchaser's further liability for damages in the event of a breach of the obligation to return the goods for which the Purchaser is responsible shall be governed by the statutory provisions.

8.2 When inspecting the product, please note that you may only inspect the product to the extent that the product could have been inspected free of charge in a sales outlet (e.g. unpacking the product and holding it in your hand, testing the keypad; but not: charging the battery, inserting the SIM card or unsealing the licence and making a call, carrying the mobile phone, etc.). You may not perform any actions on the product that may only be performed by the manufacturer or persons authorised by us. This includes, in particular, breaking or removing seals affixed to the device and removing or changing serial numbers.

8.3 Before returning the goods, the customer shall be responsible for ensuring that the product is in a condition conducive to resale, in particular:

- delete any data, programmes and passwords on data carriers;

- to replace consumable accessories that have been used up, in particular to replace the top shell in the event of even minor scratches or to restore the protective film that has been removed in the meantime;

- to return the goods in the complete original packaging including the inner packaging and - if supplied - the anti-static cover;

- to remove any visible signs of use.

In the event of a breach of these obligations, § 9.2 shall apply.

§ 9 Warranty

9.1 If the customer is a consumer, the statutory provisions (§§ 434 et seq., 474 et seq. BGB) shall apply, subject to the liability agreement pursuant to § 13.

9.2 If a product is already defective upon delivery (warranty case), Hello Handy shall - at the Purchaser's option - first replace it with an equivalent product or have it professionally repaired at its own expense (§ 439 BGB). If the legal requirements are met, the Purchaser - subject to the limitation of liability according to § 13 - has the further rights according to § 437 No. 1-3 BGB.

A warranty case does not exist in particular in the following cases:

- in the case of damage caused by misuse or improper use on the part of the purchaser, provided that this is not due to faulty assembly instructions;

- in case of damage caused by the fact that the products have been exposed to harmful external influences (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

Furthermore, Hello Handy does not provide any warranty for a defect caused by improper repair by a service partner not authorised by the manufacturer.

9.3 Both in the case of a justified repair request and in the case of a justified replacement request, you are obliged to send the defective product to the specified return address (§ 9.1) at our expense - if possible stating the order number. Before sending in the product, you should remove any objects (e.g. chips or cards) inserted by you from the product in your own interest. We are not obliged to inspect the product for the insertion of such items. We will not be liable for the loss of such items unless it was readily apparent to us at the time of taking back the product that such an item had been inserted into the product, in which case we will inform you and hold the item ready for collection. You shall, before returning a product for repair or replacement, if applicable, make separate back-up copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. Similarly, once the repaired product or replacement product has been returned to you, it is your responsibility to install the software and data and reactivate the passwords. If you return the product for a replacement product, you must delete any software and other data and passwords you may have installed on the product you sent. Should the product inspection reveal that the complaint is obviously unfounded, you are obliged to compensate us for expenses in the amount of a lump sum of € 40.00; both contracting parties are at liberty to prove lower or higher expenses in individual cases. In relation to you as a consumer, the burden of proof regulation of § 476 BGB remains unaffected. Should a warranty claim actually exist, we will reimburse you for the shipping costs incurred immediately after the supplementary performance has been carried out (§ 439 para. 2 BGB).

9.4 If you send the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If, in the case of the purchase of consumer goods, we deliver a defect-free item to you as a consumer for the purpose of subsequent performance, we shall not be entitled to compensation for the use of the item. In these cases, the provisions on withdrawal referred to in § 439 para. 4 BGB (German Civil Code) (§§ 346 to 348 BGB) only apply to the return of the defective item itself; they do not, however, lead to an obligation on your part to surrender the benefits derived or to compensation for the use of the defective item.

However, if you were able to use the goods in a defect-free condition between delivery and return, you must reimburse the value of the use you made of the goods. For each commenced month of use, a flat-rate usage fee of 4% of the purchase price or - in the case of subsidised transactions - of the value of the replaced goods shall be due; you shall be at liberty to provide evidence of a lower usage fee.

9.5 Withdrawal is only possible in the case of a not insignificant defect (§ 323 V BGB); claims for damages exist - also for consumers - only in accordance with § 13 (§ 475 III BGB).

9.6 In addition, for products delivered within the Federal Republic of Germany, claims against the manufacturer may also exist within the scope of a (contractual) warranty promise granted by the manufacturer, which are governed by the corresponding warranty conditions. Hello Handy is not responsible for compliance with any warranty conditions of the manufacturer. The customer has to create the conditions for the claiming of any manufacturer's warranties himself, any obligations have to be fulfilled by the customer himself.

§ 10 Limitation period

10.1 The statutory warranty vis-à-vis consumers shall expire two years from the transfer of risk in the case of new items and one year from the transfer of risk in the case of used items. If the customer is an entrepreneur, a warranty period of one year from the transfer of risk shall also apply to new items. This does not include claims for damages arising from gross negligence and intent.

10.2 If the purchaser is a consumer, the limitation period shall commence upon receipt of the goods, in the case of entrepreneurs upon provision of the goods or handover to the forwarding agent. The limitation period pursuant to § 12.1 shall not be extended by any warranty granted by the manufacturer.

§ 11 Liability for damages

11.1 Hello Handy is liable for grossly negligent and intentional breaches of duty, as well as for bodily injury caused by simple negligence. If the Purchaser is an entrepreneur, the liability for non-intentional acts is limited to the damage typically foreseeable at the time of conclusion of the contract.

11.2 In the event of slight negligence, Hello Handy shall only be liable in the event of a breach of material contractual obligations and limited to the damage foreseeable at the time of conclusion of the contract. This limitation does not apply in case of injury to life, body and health. Hello Handy shall not be liable for other damages caused by slight negligence due to a defect of the object of purchase. Any liability due to pre-contractual fault (c.i.c.) or according to the Product Liability Act remains unaffected.

11.3 Irrespective of any fault on the part of Hello Handy, any liability in the event of fraudulent concealment of a defect or from the assumption of a guarantee or assurance shall remain unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Hello Handy.

11.4 Hello Handy is also responsible for the impossibility of delivery occurring by chance during the delay, unless the damage would also have occurred in case of timely delivery.

§ 12 Use of data/ information on payment behaviour

12.1 All personal data is treated as strictly confidential by Hello Handy. Hello Handy's data protection practice is in accordance with the Federal Data Protection Act (BDSG) as well as the Telemedia Act (TMG). Personal customer data is only passed on to third parties for the purpose of processing orders or with the express consent of the customer. This concerns the necessary data for service providers, distributors, the parcel or courier service, credit card companies, debt financiers (factor), mobile phone providers or Paypal. For more details, please refer to our detailed data protection declaration. You may at any time request free information about the personal data stored about you and have this data deleted, corrected or blocked for advertising purposes.

§ 13 Packaging material, batteries

13.1 As a distributor, Hello Handy is obligated pursuant to § 6 para. 1 of the German Packaging Ordinance (VerpackVO) to join a nationwide system for the return of sales packaging pursuant to § 6 para. 3 VerpakVO. Hello Handy has of course complied with this obligation. The packaging materials sent by Hello Handy can therefore be disposed of by the customers themselves in a so-called dual system (e.g. "Grüner Punkt" etc.) in accordance with § 6 para. 3 of the Packaging Ordinance. However, it is also possible to return the used materials to Hello Handy.

13.2 In accordance with §§ 17, 18 BattG, we expressly point out,

a. that there is a free return option for batteries, rechargeable batteries etc. at the point of sale (our dispatch warehouse). You can return the batteries to us, the return and the subsequent environmentally friendly disposal are free of charge for you. If you return the batteries to us, please make sure that the postage is sufficient, unfortunately we cannot cover your shipping costs. We are only obliged to take back and properly dispose of batteries that were purchased from us or otherwise correspond to our range. Batteries sent to us that do not correspond to our range will be returned to us at your expense.

b. that you as the end user are legally obliged to return used batteries.

It does not matter where you return the batteries; you can also return them to your local retailer or to a public collection point (e.g. municipal collection facility). Under no circumstances, however, may you dispose of batteries, rechargeable batteries, etc. with the normal household waste. You may be subject to severe fines for such disposal.

c. that the symbol shown above means that disposal with household waste or other civilised waste (e.g. public waste bins etc.) is prohibited. Batteries and rechargeable batteries etc. must be disposed of in an environmentally friendly manner and handed in at a return point.

13.3 On some batteries there are additional chemical signs either "Hg" (mercury), "Cd" (cadmium), "Pb" (lead). This marking is done when certain limits of these chemical substances are exceeded according to the BattG (§ 17 para. 3 BattG).

13.4 Please also observe the instructions on the information enclosed with the delivery of goods and/or the manufacturer's instructions in the respective operating instructions or product information.

13.5 Further information on the Battery Act can be found on the Internet on the website of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety at http://www.bmu.de/abfallwirtschaft/fb/altbatterien/doc/3006.php or on the website of the "Gemeinsamen Rücknahmesystem Batterien - GRS" at http://www.grs-batterien.de/.

§ 14 Miscellaneous

14.1 All contracts concluded with Hello Handy within the meaning of § 1 shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The contract language is German.

14.2 The order text is not stored by us and cannot be retrieved after the order process has been completed. However, you can print out your order data immediately after sending the order.

14.3 The place of jurisdiction for all current and future claims arising from the business relationship with entrepreneurs, including claims arising from bills of exchange and cheques, shall be the registered office of Hello Handy; the same shall apply to consumers if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of abode out of Germany after conclusion of the contract or his place of residence or usual place of abode is not known at the time the action is filed.

14.4 In business transactions with companies, the joint place of performance of the parties is the registered office of Hello Handy.

14.5 If the Purchaser is an entrepreneur, the inclusion of the latter's GTC is objected to; in the event of a disagreement in individual parts, the entire contract shall be deemed not to have been concluded (§ 139 BGB).

14.6 Notifications and declarations to Hello Handy shall be made in text form if the Customer is a consumer; if the Customer is an entrepreneur, such notifications and declarations shall be made by registered mail. Contractual agreements or declarations of the user remain unaffected by this provision.

14.7 Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions.

15 Revocation

15.1 Right of revocation

If you are a consumer within the meaning of section 2.2 of these GTC, you have a right of revocation in accordance with the provisions of this section 5:

Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (Hello Handy GmbH , Rosenstraße 2, 10178 Berlin, Tel: 01723912262, email: admin@hello-handy.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

15.2 Expiry of the right of withdrawal

The period stated in the cancellation instructions (Sections 5.2 and 5.3) does not begin before the consumer has been properly instructed by us in accordance with the statutory provisions. If the proper instruction is only given after receipt of the goods relevant for the beginning of the period according to the cancellation instructions, the period begins with receipt of the proper cancellation instruction. In any case, however, the right of revocation shall expire no later than 12 months and 14 days after the conclusion of the contract.

15.3 Sample cancellation form

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

- To Hello Handy GmbH , Rosenstraße 2, 10178 Berlin, email: admin@hello-handy.com

- I/we (*) hereby revoke the contract made by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only in case of paper communication)

- Date(s)

(*) Delete where inapplicable