§1 Scope, Definitions
(1) These General Terms and Conditions (hereafter referred to as the GTC) apply to all commissioning of ECC-ESC International GmbH, Bentheimer Strasse 118b, 48529 Nordhorn (hereinafter referred to as "ECC-ESC") with the service and repair services described below. The customer accepts these with the commencement of the business relationship.
(2) Consumer i. P. D. General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur i. P. D. General terms and conditions are natural persons or legal entities or partnerships with legal capacity, with whom business relationships are entered into, which are in the exercise of a commercial or independent professional activity. Customer i. P. D. Conditions are both consumers and entrepreneurs.
(3) Deviating, conflicting or supplementary terms and conditions of the customer, even if known, not part of the contract and also not recognized, even in parts, unless their validity is expressly agreed in writing.
§2 Conclusion of contract
All offers from ECC-ESC are non-binding and subject to change. Changes in technical terms as well as in shape, color and weight are reserved within reasonable limits.
§3 Scope of services
(1) ECC-ESC provides service or repair services to the customer within the scope of the concluded contract.
(2) Due to the applicable manufacturer's specifications and quality guidelines of the manufacturer for the device in question, the ECC-ESC is obliged to completely repair the device for repair in the sense of the technical description (manufacturer's specifications / quality guidelines).
(3) In the event of improper handling for which the customer is responsible (for example, fall or breakage, damage due to tension), the defective device or accessory is not covered by warranty or guarantee. If the ECC-ESC determines that there is no warranty / warranty case, but the device is repairable, a quote can be made and sent to the customer. This offer can be accepted by the customer within 28 days.
(4) Unless the customer explicitly requests a repair at his own expense or repair is not possible, ECC-ESC reserves the right to charge the customer for the costs of checking an unauthorized device sent as a warranty and / or warranty case 25 € to bill. The customer is free to prove a lower cost.
(5) Non-free consignments of the customer are not accepted by ECC-ESC.
(6) Replaced parts shall become the property of ECC-ESC or the guarantor without compensation.
(7) Exclusively the faulty devices or defective parts, especially without original packaging, manuals and non-defective accessories, even if they have been attached for protection or as an accessory (for example batteries, cards, protective films, cover flaps and other loose housing parts). For non-defective objects sent in anyway, liability of the ECC-ESC in case of loss or damage is excluded. Similarly, the ECC-ESC assumes no liability for damage to equipment or accessories caused by unnecessary, not safe or not according to the manufacturer's recommendations sent in parts.
(8) As part of the repair, the device or accessory is reset to factory settings.
(9) ECC-ESC is entitled to use third parties to provide the (repair) services and to deliver the repaired equipment.
(10) The ECC-ESC points out that intervention in the device, in particular its opening, may already be required to establish whether a guarantee exists. A deconstruction into the state before opening of the device does not take place in the case that it is determined here that no warranty claim exists and with subsequent determination of an irreparable total loss or rejection of the updated cost estimate.
(1) If a cost estimate is commissioned by the customer to ECC-ESC, this will be charged by ECC-ESC with 25 € incl. Valid VAT. This amount will be charged in case of repair with the repair price
(2) The cost estimate is only a professional calculation of the probable costs. ECC-ESC does not guarantee the accuracy of the estimate. If, during the repair, this does not prove to be feasible without a substantial overrun of the cost estimate, the customer may terminate the contract for this reason. In the event of termination, ECC-ESC may request a part of the remuneration corresponding to the work performed and compensation for expenses not included in the remuneration. If a substantial overrun of the cost estimate is to be expected, ECC-ESC will inform the customer prior to carrying out the work.
(3) The estimate of the costs is based on the error description of the customer and a visual inspection of the device. Only after approval of the cost estimate, the device is opened, as due to the design, a non-destructive opening of the device is not always possible. After opening the device, irreparable total damage (eg moisture ingress) and other damages may show, which either do not allow a repair or lead to the fact that the already confirmed cost estimate has to be updated again. A deconstruction into the condition before opening of the device does not take place with subsequent determination of an irreparable total damage or rejection of the updated cost estimate.
(4) If the customer has already given the repair approval in the service display, no cost estimate will be made.
§5 Data backup
(1) The customer is obliged to ensure that all stored data has been deleted or otherwise stored by him prior to the transfer or return of the device or the accessories. ECC-ESC expressly states that any stored data may be lost during repair or service.
(2) In order to avoid damage to removable data storage media or accessories, the customer must remove them before handing over the device to ECC-ESC for repair / service purposes.
(3) The customer is advised and agrees that the device will be reset to factory settings for technical reasons as part of carrying out the repair / service, which will result in complete loss of the data stored by the customer on the device.
(1) The remuneration is paid per product group of the individual prices or lump sums required for the service and repair services. The individual prices and repair flat rates of ECC-ESC relevant at the time of conclusion of the contract as well as the relevant shipping costs, all of which can be viewed by the customer at any time on the homepage www.ecc-esc.de/service/reparaturkosten, are considered as agreed, unless in individual cases agreement between ECC-ESC and the customer.
(2) The remuneration shall become due upon receipt of the invoice, as far as the customer has not objected to the acceptance of the service.
(3) The retail prices include VAT plus shipping costs.
§7 Place of fulfillment, shipping, transfer of risk
(1) The return is free of charge for consumers under warranty. Outside the guarantee, the costs will be charged in the quotation. All shipments are provided with usual packaging. The choice of shipping method is left to ECC-ESC at its sole discretion, unless special arrangements are made.
(2) For entrepreneurs: The place of performance for all service and repair services is the registered office of ECC-ESC. The dispatch by the entrepreneur to ECC-ESC and the dispatch of ECC-ESC to the entrepreneur takes place at the risk of the entrepreneur, unless agreed otherwise in individual cases. For consumers, the legal provisions apply.
(3) The risk of loss of data and data carriers during transport is borne by the customer. If the data carrier is lost, ECC-ESC will not be liable.
§8 Terms of payment
(1) The payments can be made by the customer to ECC-ESC in accordance with the payment options listed on the homepage www.ecc-esc.de.
(2) If the SEPA direct debit procedure has been agreed separately with an entrepreneur, the creditor must inform the debtor of the debit before sending the direct debit to his credit institution on the basis of a pre-notification.
(3) A late-defaulting entrepreneur must pay interest on the debt at least 9% above the current base rate of interest during the default.
(4) If the customer defaults on the payment of an invoice due to general liquidity difficulties or if his financial circumstances deteriorate significantly after the conclusion of the contract, all his liabilities shall become due immediately to ECC-ESC. ECC-ESC is then entitled to perform outstanding repairs and services, to make cost estimates and deliveries only against security deposit or prepayment or to withdraw from the contract.
§9 Lien of ECC-ESC, failure to pick up
(1) ECC-ESC is entitled to a lien on equipment that has come into ECC-ESC's possession as a result of the services rendered and any claims arising from the business relationship between ECC-ESC and the customer. If the customer does not redeem the device sent to him by cash on delivery, does not accept it or can not be delivered to him, ECC-ESC will ask the customer in writing to pick up the device within one month or at the customer's discretion to send him. If the customer fails to cancel the device within one month or if the second delivery attempt does not succeed, ECC-ESC will announce the sale of the device to the customer and specify the amount of money for which the sale is to take place.
(2) After the expiration of one month from the announcement, ECC-ESC is entitled to recovery. ECC-ESC is also entitled to sell the device by means of a private sale.
(3) The right of private sale exists even if the communication to be made by ECC-ESC in accordance with paragraph 1 can not be delivered to the customer to the address specified in the order and the customer fails to comply with § 17 (3) ECC-ESC Did not inform change of his address.
§10 Liability for material defects
(1) If a repair service of ECC-ESC has a defect, the customer can demand supplementary performance within a reasonable period of time. This supplementary performance shall be carried out by ECC-ESC towards a customer who is an entrepreneur, at the discretion of ECC-ESC, by removal of defects or production of a new work. Any parts replaced in the event of subsequent performance become the property of ECC-ESC without compensation.
(2) Operating errors, damage due to improper use, storage or intervention by third parties are not subject to the liability for defects.
(3) Claims of the customer due to material defects expire after one year from the acceptance of the service and repair service. If the object of the service and repair service of ECC-ESC is the delivery of goods to be manufactured or produced, and if the customer is a contractor, claims by the client due to material defects become statute-barred one year after delivery. For customers who are consumers, the legal provisions apply in this case.
(4) The limitation periods described under § 10 (3) do not apply to damages based on a grossly negligent or intentional breach of obligations of ECC-ESC, its legal representatives or their vicarious agents as well as injury to life, limb or health.
(5) If ECC-ESC has to meet the statutory provisions for damage caused by slight negligence, the ECC-ESC shall be liable only: Liability shall only exist if essential contractual obligations have been breached, such as those which have caused the service and repair of ECC-ESC. ESC just wants to impose its content and purpose, or whose fulfillment makes the proper performance of the service and repair service possible in the first place and on whose compliance the customer regularly trusts and can rely. This liability is limited to the typical damage foreseeable at the conclusion of the contract. Excluded is the personal liability of the legal representatives, vicarious agents and employees of ECC-ESC for damages caused by them through slight negligence. § 10 (3) of this section applies accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
(6) Irrespective of any fault of the contractor, any liability of the contractor for fraudulent concealment of the defect, for the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.
(7) If the customer is an entrepreneur, the following applies in addition: Warranty claims of the entrepreneur require that he has duly fulfilled his obligation to inspect and give notice pursuant to Section 377 HGB to ECC-ESC.
(8) Notification of defects must be submitted in writing to ECC-ESC with a comprehensible description of the error symptoms.
(9) If the customer is responsible for the fault or defect or if there is no reported fault or reported defect, ECC-ESC is entitled to demand that the costs incurred by the defect removal or attempted remedy be replaced by the customer.
(10) The warranty of ECC-ESC does not extend to defects caused by external influences or by non-compliance with the conditions of use stipulated for the use of the subject matter of performance of ECC-ESC. It shall lapse if the customer modifies the subject matter of the contract without the consent of ECC-ESC or has it modified by third parties, unless the customer proves that the defects were not caused by such changes and does not make the removal of the defect unreasonably unreasonable becomes.
(11) ECC-ESC may refuse supplementary performance until the customer has paid to ECC-ESC the agreed remuneration, less a part corresponding to the economic significance of the defect or the warranted property.
(12) The customer has the right to rescind the contract or to demand a reduction of the remuneration after setting a reasonable deadline for supplementary performance and after refusal or failure of supplementary performance. The claim of entrepreneur customers for damages is excluded. A failure of the supplementary performance is at the earliest after two unsuccessful remedy of deficiencies. For the rest, the following limitation of liability applies in accordance with § 15.
§11 Contractual right of withdrawal
(1) ECC-ESC has the right to withdraw from the contract in each of the following cases:
(a) events of force majeure, labor disputes, natural disasters and similar events, in so far as they not only make ECC-ESC significantly more difficult or impossible to perform;
(b) if the customer's financial circumstances or creditworthiness have deteriorated significantly after conclusion of the contract, in particular, petition for insolvency proceedings has been filed;
(c) in the case of faulty customer information about his financial circumstances or creditworthiness which significantly jeopardizes the purpose of the contract;
(d) in the event of breach of contract by the customer and transactions of the customer that offend common decency or constitute unfair actions.
(2) In the case of partial or temporal impossibility, the contract may be adapted by mutual agreement to the changed conditions.
(3) ECC-ESC shall be entitled to liquidated damages in the amount of 25% of the respective contractual remuneration due to impossibility for which the customer is responsible or due to withdrawal from the contract from legal or contractual rights of rescission, unless the customer proves a lesser damage. ECC-ESC is at liberty to prove higher damages.
§12 Assignment, set-off, right of retention
(1) ECC-ESC is entitled to transfer the claims and obligations arising from the business relationship with the customer to third parties, insofar as the purpose of the contract is not jeopardized.
(2) The customer may assign the claims to which he is entitled to third parties only with the prior written consent of ECC-ESC, insofar as this is not a monetary claim.
(3) The customer can only offset against claims of ECC-ESC with undisputed or legally established counterclaims.
(4) The customer is entitled to assert a right of retention only for counterclaims arising directly from the respective contractual relationship. Incidentally, the customer can only exercise a right of retention against counterclaims against ECC-ESC if these counterclaims are undisputed or have been legally established.
§13 Right of withdrawal for consumers for services ordered as distance selling business
For service and repair services (especially telephone and online orders) mandated as distance selling, consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor independent can be.
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract as far as the performance or the shipment of the repaired device has not yet been provided.
To exercise your right of withdrawal, you must contact us
ECC-ESC international GmbH
Bentheimer Str. 118b
Phone: 05921 / 877 - 6969
To inform you of your decision to withdraw from this contract by means of a clear written statement (such as a letter sent by post, fax or e-mail). In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
End of revocation
§ 14 Group clearing clause
(1) The term "ECC" means all affiliates of the group of companies.
(2) If the customer is an entrepreneur, then:
(a) ECC-ESC shall be entitled to set off all claims against ECC-ESC against the Customer against all claims against the Customer, irrespective of their legal grounds, against other companies affiliated with the Group.
(b) The customer refrains from objecting to the determination of the claims to be offset by ECC-ESC in the event of a majority of claims (see §396 (1) sentence 2 BGB).
(c) A list of all companies affiliated with the group of companies will be sent to the customer upon request by ECC-ESC.
§15 Liability for other damages
(1) Other claims of the customer, which are not regulated in § 10, expire in the regular limitation period.
(2) For claims for damages of ECC-ESC against the customer, the regulations in § 10 (5 and 6) apply accordingly.
(3) The customer is obligated, according to his own security need, to create and store backup copies of the data that the customer has stored or processed on his device or on the accessories. ECC-ESC shall not be liable for the loss of data insofar as the damage is due to the fact that the Customer has failed to carry out data backups and thereby ensure that lost data can be restored at a reasonable cost.
(4) Insofar as ECC-ESC allows links to other websites through links, ECC-ESC is not responsible for the external contents contained therein. The ECC-ESC does not endorse the foreign content. The provider of the respective linked page is liable for the contents and resulting damages of the foreign websites, not the one who links to this publication through links. Should we become aware that unlawful content is contained on these pages, we will immediately suspend access.
§16 Data protection, credit check
(1) ECC-ESC collects, processes, stores and uses the personal data of the customer in automated procedures, as far as they are necessary for order processing, in particular inventory data pursuant to § 28 Federal Data Protection Act (BDSG), § 95 TKG, § 14 TMG, and use - and billing data according to § 15 TMG, §§ 96, 97 TKG, if applicable. Furthermore, the personal data of the customer (title, name, address, e-mail address, telephone and fax number) as well as the order data (device data, IMEI, error description) are also transmitted to the manufacturer of the respectively sent device within the scope of the guarantee processing.
(2) The customer is entitled at any time to obtain information about the data stored about his person and, if necessary, to correct, block or delete information (§§ 34, 35 BDSG).
(3) ECC-ESC is also entitled, with the consent of the customer, to use the personal data of the customer for its own information and marketing purposes as well as to evaluate customer behavior, or to transmit the data serving these purposes to affiliated companies. The use of the customer's personal data by ECC-ESC or its transmission to affiliated companies is only possible within the scope of the stated purposes. The customer is entitled to object to the collection, storage, use and transmission of his personal data for information, marketing and evaluation purposes by ECC-ESC at any time with effect for the future or to revoke any given consent. The revocation can be made by e-mail to ESC@ENO.de or by post to ECC-ESC International GmbH, Bentheimer Str. 118b, 48529 Nordhorn.
(4) ECC-ESC reserves the right to check the creditworthiness and identity of the customer in individual cases. In this context, it may be necessary to send personal ID and / or credit card information to the customer's credit card.
(5) The contract data (name, first name, date of birth, street / house number, zip code / city) are used to initiate a credit check with credit reporting companies if required. This notification is made in accordance with the provisions of Section 33 (1) of the Federal Data Protection Act (BDSG). All personal data is treated confidentially. The customer can get information from ECC-ESC about the result of the request.
(6) The customer and ECC-ESC undertake mutually to either destroy the data collected in connection with the respective business relationship or to gain knowledge of company-specific information after termination of the business relationship or to treat it further in accordance with the relevant data protection regulations.
(7) By placing the order, the customer declares that he is entitled to make use of the transferred device and the data stored there.
(8) Upon conclusion of the contract, the customer understands and agrees that ECC-ESC or third parties and vicarious agents employed by him for the performance of the service and repair services do not use data beyond those mentioned above and in the data protection declaration of ECC-ESC without the express consent of the Pass customers, unless there is a legal permission, eg if ECC-ESC is legally obliged to disclose data. In the event of a criminal offense or preliminary investigation, data may be transmitted to the police, law enforcement agencies and / or courts.
§17 Alternative Dispute Resolution
(1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online, purchase or service contracts in which a consumer is involved.
(2) ECC-ESC is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§18 Final provisions
(1) Events of force majeure, which significantly impede or render impossible a performance or obligation of a contracting party, entitle the contracting party concerned to postpone the fulfillment of this obligation or obligation by the duration of the hindrance and by a reasonable start-up period. Force majeure shall mean equal work disputes in the companies of the contracting parties or labor disputes in third companies and similar circumstances directly or indirectly affecting the contracting parties. This also applies in particular to delays in the provision of services by ECC-ESC, if these result from lack of additional work by your suppliers or vicarious agents.
(2) ECC-ESC may use third parties, in particular affiliated companies, as vicarious agents in fulfilling their performance obligations. The contractual obligations of ECC-ESC remain unaffected.
(3) The customer is obliged to notify ECC-ESC immediately of all changes that affect his person and are relevant to the order.
(4) All legal relationships between ECC-ESC and the customer are exclusively governed by the law of the Federal Republic of Germany, excluding German international private law and excluding the UN Sales Convention (CISG United Nations Convention on Contracts for International Sale of Goods dated 11.04.1980), In the event that the customer is a consumer, this choice of law excludes the mandatory consumer protection regulations of the country in which the customer has his habitual residence.
(5) These Terms and Conditions are written in German and available in English. In case of contradictions between the versions or ambiguities about the content or the meaning of provisions of this contract, the German version is authoritative.
(6) The exclusive place of jurisdiction for disputes arising from this contract is the place of business of ECC-ESC International GmbH in 48529 Nordhorn, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer has no general place of jurisdiction, place of residence or habitual residence in the Federal Republic of Germany or if such is unknown.
(7) Should any provision of these General Terms and Conditions be wholly or partially invalid or lose their legal validity later, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provisions apply.
As of 06/2019