English translation

This English translation is provided for information. It does not replace legal review of the translated text.

General Terms and Conditions

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you enter into with us as the provider (MEB Internet GmbH & Co. KG) via the website www.handyarzt.com. Unless otherwise agreed, we object to the incorporation of any terms and conditions of your own that you may use.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity. A business customer is any natural or legal person or partnership with legal capacity that, when entering into a legal transaction, acts in the course of its independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods and/or the provision of repair services and data recovery services. Our online offers are non-binding and do not constitute a binding offer to enter into a contract.

(2) You can submit a binding offer to purchase (order) via the online shopping cart system. The goods and/or services you intend to purchase are placed in the shopping cart. You can access the shopping cart using the corresponding button and make changes at any time.

After clicking the “Checkout” or “Proceed to Order” button (or a similarly labelled button) and entering your personal details and payment and shipping terms, your order details will be displayed in an order summary.

Before submitting the order, you can review and change your details or cancel the order.

By submitting the order using the corresponding button (“Order with Obligation to Pay”, “Buy Now” or another legally permissible, unambiguous label), you make a binding offer.

(3) The offer is accepted and the contract is thereby concluded through confirmation in text form (e.g. email) confirming that your order will be carried out or the goods dispatched.

If you do not receive such a declaration of acceptance, you are no longer bound by your order. Any payments already made will in this case be refunded without delay.

(4) Requests for a quotation are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you may accept within five days unless a different period is specified in the offer.

(5) Order processing and the transmission of information required in connection with the conclusion of the contract take place by email, partly through automated processes.

You must ensure that the email address provided is correct, that you are technically able to receive emails and, in particular, that receipt is not prevented by spam filters.

§ 3 Provision of Repair Services

(1) Where repair services form part of the contract, we are obliged to perform the repairs specified in the service description. We carry these out to the best of our knowledge and ability, either ourselves or through third parties.

(2) You are required to cooperate. In particular, you must describe the existing fault with the device as comprehensively as possible and make the faulty device available.

(3) You bear the cost of sending the faulty device to us unless otherwise agreed in the respective offer.

(4) Unless otherwise stated in the respective offer, the repair, including handing the device over for shipping, will take place within five to seven days of receipt of the device. If advance payment has been agreed, however, this period will not begin before you issue your payment instruction.

(5) If you exercise your right to terminate under § 648 sentence 1 BGB (German Civil Code), we may charge a flat-rate fee of 10 % of the agreed remuneration if work has not yet begun.

However, where a statutory right of withdrawal exists, this applies only if you exercise your right to terminate after the withdrawal period has expired.

You retain the right to prove that we actually incurred no costs or substantially lower costs.

§ 4 Special Agreements Regarding Available Payment Methods

(1) Payment via SOFORT / Sofortüberweisung

If you select this payment method, payment will be processed by the payment service provider specified during checkout. The payment terms displayed there also apply.

(2) SEPA Direct Debit

When paying by SEPA direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The period for sending the advance notice (Pre-Notification) is reduced to five days before the due date.

You are obliged to ensure that sufficient funds are available in the account on the due date.

If a direct debit is returned due to your fault, you must bear the necessary bank charges actually incurred as a result.

§ 5 Right of Retention, Retention of Title

(1) You may exercise a right of retention only in respect of claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Statutory Warranty

(1) Statutory rights in respect of defects apply.

(2) As a consumer, you are asked 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 does not affect your statutory warranty rights.

(3) Where a characteristic of the goods deviates from the objective requirements, this deviation is deemed agreed with consumers only if you were specifically informed of it before making your contractual declaration and the deviation was expressly and separately agreed.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies.

For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they habitually reside.

(2) Our registered office is the place of performance for all services arising from our business relationships with you and the place of jurisdiction, provided that you are a merchant, a legal entity under public law or a special fund under public law.

The same applies where a corresponding jurisdiction agreement is legally permissible.

The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

§ 8 Special Conditions for Data Recovery

(1) Scope of Services and Remuneration

We offer our customers professional smartphone data recovery at the standard price of 179,90 € including statutory VAT, unless a different price is specified in the respective offer or individually agreed.

As a rule, the standard data recovery fee is payable only if recovery is successful.

If data recovery is unsuccessful, a processing fee of 29,90 € including statutory VAT will be charged, provided this has been validly agreed.

(2) Special Technical Procedures and Additional Costs

In individual cases, the cost of data recovery may differ from the standard price.

This applies in particular to severe damage to the logic board, short circuits, complex memory faults or cases in which the NAND memory and processor must be transferred from a damaged logic board to another logic board (swap procedure).

If the technical condition of the device results in additional costs, we will inform the customer of the necessary measures and the proposed price before carrying out the additional chargeable work.

The customer may accept or decline the additional offer.

If the offer is declined, the proposed additional chargeable work will not be carried out. Unless further remuneration claims have been validly agreed, only the agreed processing fee of 29,90 € including statutory VAT will apply.

(3) Obligations to Cooperate and Access Credentials

Successful data recovery may require the correct password, PIN or other unlock code.

The customer is obliged to provide the information and access credentials required to carry out the commissioned data recovery, insofar as this is possible and reasonable for them.

If the customer cannot provide the required access credentials or the information supplied is incorrect, data recovery may not be completed successfully.

Remuneration for work performed up to that point may be claimed only in accordance with the contractual agreements made and statutory provisions.

(4) Replacement and Handling of Faulty Components

Data recovery may require faulty components to be replaced, modified or transferred to another logic board as part of a swap procedure.

Faulty components that are no longer needed may be disposed of appropriately after the work has been completed, provided their return has not been agreed and no statutory or other contractual obligations prevent this.

If the customer wishes to have removed or faulty components returned, this must be communicated and agreed before the relevant work begins.

(5) Method of Providing Recovered Data

Successfully recovered data will be provided in accordance with the respective offer or an individual agreement.

Possible methods of delivery include, in particular:

The specifically agreed method of delivery is binding.

(6) Scope and Success of Data Recovery

Data recovery is carried out irrespective of the number and type of files recovered.

For technical reasons, it cannot be guaranteed that all files originally present or expected by the customer can be recovered.

Success is determined by the agreed scope of services. Unless specific files or datasets have been expressly agreed as the required outcome, partial recovery of usable personal data may also constitute successful data recovery.

The customer's statutory rights in the event of defective services or services not performed in accordance with the contract remain unaffected.

(7) Devices Without Recoverable User Data

Technical analysis may establish that there is no longer any recoverable user data on the device.

This may be the case in particular after a factory reset, complete erasure, overwriting of the memory, or where the data storage is empty or can no longer be read for technical reasons.

Remuneration for any diagnosis or technical analysis already performed in such a case is governed by the specifically agreed services and fees.

The mere absence of recoverable user data does not automatically establish a claim to the full success-based fee. Statutory rights and expressly agreed remuneration provisions remain decisive.

(8) Availability Period and Validity of Digital Download Links

Where digital delivery of the recovered data has been agreed, the standard availability period is 30 calendar days from the time when the customer can first actually access the data after the agreed requirements have been met. Merely creating a link internally or providing access that is still blocked does not trigger this period.

The data may be made available through the personal customer portal. Access to the customer portal is protected by a login using an email address and password. Password-protected download links may also be provided for retrieving the data.

For security reasons, each individual download link is valid for 24 hours. If a link expires, the customer can obtain a new download link during the remaining 30-day availability period. The expiry of an individual link does not shorten the agreed availability period. No separate fee is charged for renewing a link within this period.

Once the 30-day availability period expires, regular digital download access ends. The copies of the recovered files stored for this purpose will then be deleted. At the customer's express request, these copies will be deleted without delay before the availability period expires, unless overriding statutory obligations prevent this. Following early deletion, the deleted copies can no longer be used to make the data available again.

The customer is asked to download the files during the availability period, check them for completeness and readability, and back them up independently. Permanent archiving of the recovered files is not included in the data recovery service unless separately agreed.

The customer's statutory rights, particularly in the event of defective provision or provision that does not comply with the contract, remain unaffected.

(9) Repeat data recovery or provision after the period expires

Once the regular availability period has expired and the data copies stored for this purpose have been deleted, download access cannot be restored using those copies.

If the device or the components required for recovery are still available, repeat data recovery or data preparation may be technically possible. This is not guaranteed and requires a separate agreement insofar as it constitutes an additional service not already owed. The customer will be informed of any costs in advance.

Rights to remedial performance free of charge and other mandatory statutory rights remain unaffected.

(10) Independent data backup and deletion requests

Once the data has been duly made available, the customer is responsible for permanently backing up the data received. We will only store or archive the data for a longer period if this has been expressly agreed.

The customer may request early deletion of the recovered data held for download at any time by contacting info@handyarzt.com. We will confirm completion of the deletion upon request. Statutory requirements to retain other data, such as invoices and contractual documents, remain unaffected.

The customer's statutory rights remain unaffected.

§ 9 Right of withdrawal for consumers

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.

Withdrawal information for services

Right of withdrawal

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

The withdrawal period is fourteen days from the date the contract is concluded.

To exercise your right of withdrawal, you must inform us (MEB Internet GmbH & Co. KG, Oxfordstr. 21, 53111 Bonn, telephone number: +49 228 / 96690779, email address: info@handyarzt.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email).

You may use the attached model withdrawal form for this purpose, but this is not mandatory.

If a corresponding electronic withdrawal option is offered on our website, you may also submit your withdrawal using that option.

To meet the withdrawal deadline, it is sufficient to send your notification of the exercise of your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we must reimburse all payments received from you, including delivery costs (except for additional costs for a delivery method other than the least expensive standard delivery we offer), without delay and no later than fourteen days after receipt of your withdrawal notice.

We will use the same means of payment for this reimbursement that you used for the original transaction, unless expressly agreed otherwise.

Under no circumstances will you be charged any fees for this reimbursement.

If you requested that services for which the contract provides for payment of a price begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time of withdrawal relative to the full scope of the services provided for in the contract, provided that the statutory requirements for this are met.

Expiry of the right of withdrawal

For a contract for the provision of services that requires the consumer to pay a price, the right of withdrawal expires upon full performance of the service if, before performance begins, the consumer has expressly consented to the trader beginning performance before the withdrawal period expires and has acknowledged that their right of withdrawal will expire upon full performance of the contract.

In all other respects, the statutory grounds for exclusion and expiry apply.

Model withdrawal form

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

To:

MEB Internet GmbH & Co. KG Oxfordstr. 21 53111 Bonn Email: info@handyarzt.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only for notification on paper):

Date:

(*) Delete as appropriate.

II. Customer information

1. Identity of the seller

MEB Internet GmbH & Co. KG, Oxfordstr. 21, 53111 Bonn, Germany

Telephone: +49 228 / 96690779 Email: info@handyarzt.com Website: www.handyarzt.com

Alternative dispute resolution

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

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 making corrections are governed by the provisions entitled “Conclusion of the contract” in our General Terms and Conditions (Part I.).

3. Contract language and storage of the contract text

3.1. The contract language is German.

3.2. We do not separately store the full contract text. Before submitting your order through the online shopping cart system, you can print the contract details using your browser's print function or save them electronically.

After the order has been received, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent again by email.

3.3. For quotation requests made outside the online shopping cart system, you will receive the contract details as part of a binding offer in text form, for example by email.

4. Codes of conduct

4.1. We have committed to complying with the Käufersiegel quality criteria of Händlerbund Management AG, insofar as our corresponding certification remains valid.

The certification criteria are available 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, repair services and data recovery services offered can be found in the respective service description or offer.

6. Prices and payment terms

6.1. The prices stated in the respective offers, along with any shipping costs shown, are total prices. They include all price components, including statutory taxes.

6.2. Shipping costs are calculated according to the shipping terms stated in the respective offer.

6.3. The available payment methods are shown during the ordering process or in the respective offer.

6.4. Unless otherwise stated for the individual payment methods or in the offer, payment claims arising from the concluded contract are due immediately.

7. Delivery terms

7.1. The delivery terms, delivery dates and any delivery restrictions can be found on our website or in the respective offer.

7.2. If you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold during shipping generally passes to you only when the goods are handed over to you.

This does not apply if you have independently commissioned a transport company not designated by us or another person appointed to carry out the shipment.

8. Statutory liability for defects

Liability for defects is governed by statutory provisions and the warranty provisions in our General Terms and Conditions.

9. Termination

Information on terminating the contract and the conditions for termination can be found in the provisions on repair services in our General Terms and Conditions and in the respective offer.

10. Payment and shipping

Delivery area

Delivery is available within Germany and to Austria.

Shipping is generally handled by DHL.

Shipping costs (including statutory VAT)

We do not charge shipping costs within Germany unless otherwise stated in the respective offer.

Shipping to and from Austria costs a total of 9,90 €, unless otherwise stated in the respective offer.

Delivery times

Unless a different period is stated in the respective offer, goods are delivered within Germany within three to five days after the contract is concluded.

If advance payment has been agreed, this period begins no earlier than the time you issue your payment instruction.

Deliveries are generally not made on Sundays or public holidays.

If you have ordered items with different delivery times, we will ship the goods together in a single shipment unless otherwise agreed.

In this case, the delivery time is determined by the item with the longest delivery time.

Accepted payment methods

Depending on the offer and technical availability, the following payment methods may be offered:

The payment methods actually offered during the respective ordering process are decisive.

Further payment details

When paying by SEPA direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

You will receive advance notification at least five days before collection.

You are required to ensure that the account has sufficient funds on the announced collection date.

When paying by credit card, your card will be charged according to the payment terms shown during the ordering process.

If you have any questions, you can find our contact details in the legal notice.

These General Terms and Conditions and customer information were prepared by Händlerbund's lawyers specialising in IT law and are continually checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of formal legal warnings. Further information is available at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Revision draft as of: 01.01.2026

Notice: This version is based on the previous General Terms and Conditions of MEB Internet GmbH & Co. KG. The newly drafted and amended provisions require legal review before publication. No claim is made that Händlerbund guarantees the legal compliance of this individually edited version.