Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the seller (Philip Musche) via the website www.mobilade.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his or her trade, business or profession.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order"  (or similar designation) button and entering your personal data as well as the payment and shipping terms, 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 a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection and/or enter your data there. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider or, after you have been redirected back to our online shop, in our online shop.

Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the "back" function of the internet browser) or to cancel the order.

(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract will take place by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and, in particular, is not prevented by spam filters.

§ 3 Special agreements on the payment methods offered

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) we offer the following payment options. Payment is made to Klarna in each case:

• Instant bank transfer (“Pay Now”)

Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out 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 designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply in this respect, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising 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 shall apply in addition:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, 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 value that arise from the resale, and we accept this assignment. You are further authorised to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combining and mixing the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods 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%. We shall be responsible for selecting the securities to be released.

§ 5 Warranty

(1) The statutory liability for defects applies.

(2) 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. Failure to do so will have no effect on your statutory warranty claims.

(3) 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 the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a)  Only our own specifications 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 shall provide warranty at our discretion by rectification or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport 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 damages culpably caused by us resulting from injury to life, limb or health and to other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- to items which have been used for a building in accordance with their normal use and have caused its defectiveness;
- to statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 6 Choice of law

(1) German law shall apply. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence (principle of favourability).

(2) 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

Philip Musche
Jürgen-Wullenwever Str. 2b
23566 Lübeck
Germany
Phone: 017653490176
E-mail: info@mobilade.de


Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correction are carried out in accordance with the provisions in the section "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, storage of contract text

3.1. The contract language is German. 

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we have received your order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of enquiries for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

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 represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated 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 shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or fees for money transfers (bank transfer or exchange rate fees of the credit institutions), which are to be borne by you. 

6.4. Any costs incurred for the transfer of money (bank transfer or exchange rate fees of the credit institutions) shall be borne by you in those cases in which the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the 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 designated button on our website or in the respective offer.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery 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 trader or any other person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 22/10/2024