Terms and conditions
Solda GmbH
Innsbrucker Platz 4
10827 Berlin
– following provider –
§ 1 Scope
(1) Subject of this contract is the repair of notebooks, monitors and computers by the provider.
(2) The service of the provider only occur if the following terms of service apply at the time of order. Our terms of service apply absolutely. If the terms of service of the customer differ from our terms of service they do not apply, unless we explicitly agree to them.
§ 2 Conclusion of the contract
(1) The customer can get an overview of the wares and services on the provider’s website: http://www.tmc-home.com/
(2) The customer can make an inquiry for repairs on the provider’s website. After the device has been delivered and an error analysis has occured, the customer receives a costs estimate for repairs at no costs. The contract only comes into effect if the customer agrees to the costs estimate via e-mail.
(3) Conclusion of contract by purchase of the requested repairs in the online shop: You fill in the repair assignment to the best of your knowledge and afterwards send the malfunctioning device to us (Please enclose a copy of the repair assignment in the parcel and pay close attention to the corners of the device during packing). You will receive a confirmation via e-mail or phone call after the article has been delivered to our store. Next, we carry out an error analysis free of charge. We inform you of the result of the error analysis via e-mail or phone call. If the required repairs are the same as the ones specified by you on the repair assignment, repairs start immediately, by which your offer is accepted. If, however, other repairs are necessary, we interrupt further work on your device and inform you of the costs of the different repairs. You then can decide yourself whether you want us to proceed with the repairs we deemed necessary or we return the device to you. Please inform us of your decision in writing or via e-mail. You then pick up the device from our store or we send it to you (other than possible fees from shipping you will carry no costs.) This means that you are never at risk to carry any unexpected costs.
§ 3 Payment
(1) Covering the agreed upon costs can be paid via wire transfer, in cash at pick up or via paypal.
(2) All prices include the legal sales tax of currently 19%.
§ 4 Delay of payment
(1) If the customer causes a delay of payment or otherwise violates duties of participation, we are entitled to demand compensation for any resulting damages.
(2) The price during the delay is to be paid interest on. The interest rate for the delay amounts to five percentage points above the base interest rate. Upon demanding payment from businesses the interest rate amounts to eight percentage points above the base interest rate.
(3) It is the customer’s responsibility to prove that damage of the demanded amount is not or at least substantively lower present.
§ 5 Delivery time
The return shipping after completion of repairs and successful payment occurs within three working days. You will be informed of the duration of repairs with the error analysis; standard repairs usually do not take longer than seven working days. We will, of course, work on your order as soon as possible.
§ 6 Warranty, legal responsibilities, duty of disclosure, codes of conduct
(1) Legal regulations with the following modification apply: Liability for compensation is excluded, as long as it does not concern duties substantial to the contract (those that concern implementation of the contract), with which the compensation is limited to predictable, typical contractual damage. This limitation does not apply to deliberate or boorishly negligent damages or to damages to life, body or health.
(2) If the customer is a contractor, the following applies as agreed for the warranty claims: The provider has to be informed of obvious shortcomings immediately, at the latest within 14 calendar days after the article has come in, as long as the customer is a contractor. If the notice about the shortcoming does not proceed within that period, the rights to warranty of the customer based on the shortcoming that has not been noted in time are void. This, however does not apply, as long as the provider maliciously concealed or act boorishly negligently or harm has come to life, body or health.
(3) Warranty claims concerning our repair services can only be made with an intact security seal and lapse after one year after delivery. This does not apply, as long as the provider maliciously concealed the shortcoming or acted boorishly negligent or harm to life, body or health is present.
(4) This business is not subject to duties of conduct.
§ 7 Customer’s liabilities
(1) The customer is responsible for securing the data on their device, as long as this is possible on the basis of the malfunction of the device. The provider has no responsibility to secure or rescue saved data, unless otherwise agreed.
(2) The customer takes responsibility for securely packing any article when preparing to send the article to the provider.
(3) The customer is responsible for enclosing any articles required for operating the device, especially power supplies or charging devices.
§ 8 Privacy
The authority responsible for privacy is the provider. We treat your personal data confidentially and according to the applying legal rules for privacy. Transmission of customers’ data to third parties does not occur without the customer’s explicit consent or only the data that is required to ensure completion of the contract. With the conclusion of the contract and complete payment, your data is barred from any further use and completely erased after regulations of tax and commercial law have run their course. You have the right to free information regarding your saved data and possibly the right have them corrected, barred or erased.
§ 9 Choice of law / jurisdiction
(1) On the basis of these terms and conditions’ completed contracts and for the therefrom following claims, no matter what kind, are subject to the law of the Federal Republic of Germany under the exclusion of the CISG, as far as this choice of law does not lead to the customer losing the right to their country’s consumer protection rules.
(2) Explicit jurisdiction for all arguments concerning this contract towards contractors, legal persons of the public law or public investment funds is the seat of the provider in Berlin. Our right to sue the contract partner at their place of abode is an exception. Clauses 1 and 2 also apply in case of concerning a customer who does not have a place of abode inland.
§ 10 Lien
For our demands from a repair contract exists a lien to the improved portable things of the client’s that have come into our possession in order to improve.
§ 11 Contract languages
The contract languages are German and English
§ 12 Saving contract text
The text contained in the contract will be saved in order to ensure completion of the contract and to safeguard duties from accounting, any copies above that will not be made.
§ 13 Final regulation
As long as individual regulations in this contract become void or lose their effectiveness to circumstances that occur later, the effectiveness of the contract as a whole stays the same, if holding on to the contract does not harm one of the parties.
Innsbrucker Platz 4
10827 Berlin
– following provider –
§ 1 Scope
(1) Subject of this contract is the repair of notebooks, monitors and computers by the provider.
(2) The service of the provider only occur if the following terms of service apply at the time of order. Our terms of service apply absolutely. If the terms of service of the customer differ from our terms of service they do not apply, unless we explicitly agree to them.
§ 2 Conclusion of the contract
(1) The customer can get an overview of the wares and services on the provider’s website: http://www.tmc-home.com/
(2) The customer can make an inquiry for repairs on the provider’s website. After the device has been delivered and an error analysis has occured, the customer receives a costs estimate for repairs at no costs. The contract only comes into effect if the customer agrees to the costs estimate via e-mail.
(3) Conclusion of contract by purchase of the requested repairs in the online shop: You fill in the repair assignment to the best of your knowledge and afterwards send the malfunctioning device to us (Please enclose a copy of the repair assignment in the parcel and pay close attention to the corners of the device during packing). You will receive a confirmation via e-mail or phone call after the article has been delivered to our store. Next, we carry out an error analysis free of charge. We inform you of the result of the error analysis via e-mail or phone call. If the required repairs are the same as the ones specified by you on the repair assignment, repairs start immediately, by which your offer is accepted. If, however, other repairs are necessary, we interrupt further work on your device and inform you of the costs of the different repairs. You then can decide yourself whether you want us to proceed with the repairs we deemed necessary or we return the device to you. Please inform us of your decision in writing or via e-mail. You then pick up the device from our store or we send it to you (other than possible fees from shipping you will carry no costs.) This means that you are never at risk to carry any unexpected costs.
§ 3 Payment
(1) Covering the agreed upon costs can be paid via wire transfer, in cash at pick up or via paypal.
(2) All prices include the legal sales tax of currently 19%.
§ 4 Delay of payment
(1) If the customer causes a delay of payment or otherwise violates duties of participation, we are entitled to demand compensation for any resulting damages.
(2) The price during the delay is to be paid interest on. The interest rate for the delay amounts to five percentage points above the base interest rate. Upon demanding payment from businesses the interest rate amounts to eight percentage points above the base interest rate.
(3) It is the customer’s responsibility to prove that damage of the demanded amount is not or at least substantively lower present.
§ 5 Delivery time
The return shipping after completion of repairs and successful payment occurs within three working days. You will be informed of the duration of repairs with the error analysis; standard repairs usually do not take longer than seven working days. We will, of course, work on your order as soon as possible.
§ 6 Warranty, legal responsibilities, duty of disclosure, codes of conduct
(1) Legal regulations with the following modification apply: Liability for compensation is excluded, as long as it does not concern duties substantial to the contract (those that concern implementation of the contract), with which the compensation is limited to predictable, typical contractual damage. This limitation does not apply to deliberate or boorishly negligent damages or to damages to life, body or health.
(2) If the customer is a contractor, the following applies as agreed for the warranty claims: The provider has to be informed of obvious shortcomings immediately, at the latest within 14 calendar days after the article has come in, as long as the customer is a contractor. If the notice about the shortcoming does not proceed within that period, the rights to warranty of the customer based on the shortcoming that has not been noted in time are void. This, however does not apply, as long as the provider maliciously concealed or act boorishly negligently or harm has come to life, body or health.
(3) Warranty claims concerning our repair services can only be made with an intact security seal and lapse after one year after delivery. This does not apply, as long as the provider maliciously concealed the shortcoming or acted boorishly negligent or harm to life, body or health is present.
(4) This business is not subject to duties of conduct.
§ 7 Customer’s liabilities
(1) The customer is responsible for securing the data on their device, as long as this is possible on the basis of the malfunction of the device. The provider has no responsibility to secure or rescue saved data, unless otherwise agreed.
(2) The customer takes responsibility for securely packing any article when preparing to send the article to the provider.
(3) The customer is responsible for enclosing any articles required for operating the device, especially power supplies or charging devices.
§ 8 Privacy
The authority responsible for privacy is the provider. We treat your personal data confidentially and according to the applying legal rules for privacy. Transmission of customers’ data to third parties does not occur without the customer’s explicit consent or only the data that is required to ensure completion of the contract. With the conclusion of the contract and complete payment, your data is barred from any further use and completely erased after regulations of tax and commercial law have run their course. You have the right to free information regarding your saved data and possibly the right have them corrected, barred or erased.
§ 9 Choice of law / jurisdiction
(1) On the basis of these terms and conditions’ completed contracts and for the therefrom following claims, no matter what kind, are subject to the law of the Federal Republic of Germany under the exclusion of the CISG, as far as this choice of law does not lead to the customer losing the right to their country’s consumer protection rules.
(2) Explicit jurisdiction for all arguments concerning this contract towards contractors, legal persons of the public law or public investment funds is the seat of the provider in Berlin. Our right to sue the contract partner at their place of abode is an exception. Clauses 1 and 2 also apply in case of concerning a customer who does not have a place of abode inland.
§ 10 Lien
For our demands from a repair contract exists a lien to the improved portable things of the client’s that have come into our possession in order to improve.
§ 11 Contract languages
The contract languages are German and English
§ 12 Saving contract text
The text contained in the contract will be saved in order to ensure completion of the contract and to safeguard duties from accounting, any copies above that will not be made.
§ 13 Final regulation
As long as individual regulations in this contract become void or lose their effectiveness to circumstances that occur later, the effectiveness of the contract as a whole stays the same, if holding on to the contract does not harm one of the parties.