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Terms and Conditions for B2X Care Solutions GmbH: Out of Warranty Repair

 

1. Scope and Definitions

(1) These terms and conditions (hereafter “Terms”) apply to all out-of-warranty services by B2X Care Solutions GmbH (hereafter “B2X”) which we offer on our homepage.

(2) These Terms apply to any purchaser and owner (hereafter ""Customer"") of Motorola mobile devices seeking for receiving an out of warranty services (hereafter “Services”), irrespective of whether you are a consumer, entrepreneur or businessman.

(3) These Terms shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.

(4) Services under these terms are available only to customers who have reached the age of majority. We explicitly reserve the right, not to perform our services in all countries.

2. Out of Warranty Services

(1) The out of warranty services by B2X, which the Customer can order on the website includes technical support, diagnostic and analysis, repair, part replacement, logistics and maintenance.

(2) B2X may subcontract the repair service.

3. Contract Conclusion

(1) By placing our Services on our website, we do not constitute any binding offer. With the presentation of our Services we invite the Customer to submit a legally binding offer. Using the button “Pay Now” the Customer makes a binding offer to conclude a contract. Prior to the final submission of the order, the Customer has the option to view and alter his selections. As a premise to the submission and transmission of the order, the Customer is required to accept the contractual terms and hence include them in his offer. This is pursued by the requirement to click the button “I have read the Terms and Conditions and accept them” beforehand.

(2) Thereupon B2X sends the Customer a confirmation of receipt via e-Mail in which the contents of the Customer’s order are listed again and which enables the Customer to print using the function “print”. The confirmation of receipt merely documents that the order of the Customer has been received by B2X and does not constitute an acceptance of the offer.

(3) The contract itself is not concluded and established until B2X issues an acceptance declaration or takes the first measure of implementation by sending a separate e- Mail (confirmation of order).

Your contract partner is:

B2X Care Solutions GmbH

Rosenheimer Str. 145d

81671 Munich

Germany

represented by the Managing Directors: Rainer Koppitz and Ralf Grüßhaber registered in the commercial register of the Local Court of Munich under HRB 11654964.

(2) The support contract on motocare.b2x.com includes the following steps:

1. The customer selects a service option under motocare.b2x.com or any other website managed by B2X

2. For the Send-In (send device to repair) support the Customer enters his IMEI number and selects the requested service. After entering an issue description Customer has to enter his/her contact details (first name, last name, E-mail and phone number) and his/her address (shipping and billing address).

3. The Customer enters his credit card or PayPal information.

4. After accepting our terms and conditions the Customer orders the selected Service for the indicated price.

(3) If the need for additional work becomes apparent after work has commenced B2X reserves the right to suspend the Services and submit a revised quote. If Customer accepts such revised quote it shall take the place of the original quote. If customer does not wish to proceed on the basis of the revised quote, Customer shall be liable to pay for the Services and parts rendered by B2X to the date of the revised quote.

4. Support Fees

(1) B2X charges Customer for his Send-In (send device to repair) service support a service fee, dependent on the selected Service. The respective service fee is specified on our website.

(2) The total amount for our respective Service includes shipping, tax and handling.

5. Right of Revocation

(1) Consumers (any natural person who primarily enters into a transaction for purposes that are neither attributable to their commercial nor their independent vocational activity) have a statutory right of revocation.

(2) If you make as consumer use of your right to cancel according to clause 5. (1), you will have to bear the direct cost of returning.

 

(3) In addition, for the right of revocation applies the provision on the following revocation instruction:

Right of Revocation:

You have the right to revoke from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of revocation, you must inform us (B2X Care Solutions GmbH

Rosenheimer Str. 145d, 81671 Munich, Germany, phone: +49-89-45 23 53-0, e-mail: info@b2x.com) of your decision to revoke from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model revocation form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a revocation on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the revocation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your revocation from this contract, in comparison with the full coverage of the contract.

Your right of revocation expires if the contract is completely fulfilled by both parties at your explicit wish before you have exercised your right of revocation.

Model Revocation Form

To B2X Care Solutions GmbH,

Rosenheimer Str. 145d, 81671 Munich, Germany, phone: +49-89-45 23 53-0, e-mail:

I/We (*) hereby give notice that I/We (*) revoke from my/our (*) contract for the provision of the following service,

Ordered on (*)_________/received on (*)__________,

Name of consumer(s)_________________________,

Address of consumer(s)________________________,

_____________________________________________

Signature of consumer(s) (only if this form is notified on paper),

__________________________________

Date

____________________

(*) Delete as appropriate.

6. Customer´s Responsibility

It is the responsibility of the Customer to backup all existing data, software, and programs, and to erase all existing data before receiving services. Without limiting the warranty and liability exclusions in these Terms B2X is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by B2X. You represent that your product does not contain illegal files or data.

7. Delivery/ Shipping

(1) The delivery of the device by the Customer takes place at the risk of the Customer. B2X will send an E-Mail to the Customer with further shipping and packing instructions as well as prepaid way bills. The delivery of the device shall be made without associated parts (for example SIM-card or memory card).

(2) Return delivery will take place at the delivery address you have provided. The return of the repaired device will not be charged. The transfer of perils to the Customer in the case of returning on the dispatch route happens at the moment the repaired device is handed over to the carrier of shipment or otherwise determined person for the dispatch.

(3) In case that returning the device to the Customer is not possible (undeliverability), because indicated address is incorrect or incomplete, B2X shall use best efforts, for example, determining a serviceable address of the customer by telephone contact or e-mail. If those to B2X reasonably efforts do not result in the determination of an address to service of the Customer, B2X reserves the right to charge the Customer the local cost of storage of the device and the newly incurred shipping. Moreover, the statutory provisions on the creditor default apply.

8. Payment

(1) Conditions of payment are within B2X`s sole discretion. Payment details must be received prior to B2X´s acceptance of an order.

(2) The Customer can pay by credit card via Wirecard or Paypal.

(3) The Customer agrees to receive sales invoices electronically. Electronic invoices will be made available via the provided email address.

(4) B2X reserves the right to change prices for Services mentioned at any time, especially to correct pricing errors that appear.

9. Retention of Title and Resale

B2X retains legal title to any product/service supplied by B2X until the price (including VAT and shipping costs) for such a product/service has been fully paid.

10. Data protection

The order of the Costumer and the data provided with it are stored by B2X. All data collected by B2X are exclusively used and processed in accordance with our data protection provisions and in compliance with relevant data protection statutes.

 

11. Liability

(1) In case of intent or gross negligence on our part or by our agents or assistants in performance B2X is liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally our liability for damages shall be limited to the typically predictable damage.

(2) B2X’ liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.

(3) Any liability not expressly provided for above shall be disclaimed.

12. Blanket reimbursement of expenses

If, after receipt of the products shipped by the Customer, it is determined by B2X that the device is irreparably damaged, a fee of EUR 45 will be charged by B2X for the associated noting effort.

13. Manufacturer warranty and Repair Consequences

(1) B2X informs the Customer that under the warranty conditions by the use of a repair service, a possible existing manufacturer's warranty for the device can expire.

(2) Water and dust resistance assured by the manufacturer can expire through the determination of cause damage or repair. B2X does not assume liability for this.

(3) The Customer gets informed that any repair work results in a loss of the source specification, or in the original state.

14. Final Provision

(1) The law of the Federal republic of Germany applies. International conventions shall not be applicable.

(2) Should any of these provisions prove to be or become invalid, this does not affect the validity of the remaining provisions.

(3) In case of complaints about B2X you can always turn to the European platform for online dispute resolution in consumer affairs: http://ec.europa.eu/consumers/odr/

 

 

 

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