General terms and conditions for private customers
of Digital Steps UG (haftungsbeschränkt), Release 04 May 2019
General & Scope of Application
The following General Terms and Conditions apply to all business relations between you as a private customer and Digital Steps UG (haftungsbeschränkt),. The version of these General Terms and Conditions valid at the time of the conclusion of the contract shall be authoritative in each case. As private customers we designate consumers according to § 13 BGB.
1. Company and representatives
The General Terms and Conditions of Digital Steps UG (haftungsbeschränkt), Nimmerfallstr. 33, 81245 Munich, Germany, hereinafter referred to as “Digital Steps UG”, apply to all business relationships between Digital Steps UG and its customers and apply to the website www.nemcall.com (hereinafter referred to as the “Website”). By using the website you accept our terms and conditions as binding. nemCall. is a trademark of Digital Steps UG. In these Terms and Conditions, pronouns such as “we” and “us” refer to Digital Steps UG (haftungsbeschränkt), Nimmerfallstr. 33, 81245 Munich, Germany, which operates the Website.
§1 Identity and address of the company
Managing Director: Sven Haber
Company: Digital Steps UG (haftungsbeschränkt),
Registered office of the company: Nimmerfallstr. 33, 81245 München, Deutschland
Phone: +49 (0) 89 / 904 213 40
Authorised representative managing director: Sven Haber
Register Court: Munich Local Court
Register number: HRB 225575
Sales tax identification number according to § 27 a sales tax law: DE306222419
2. Scope of application of these GTC and applicable law
These General Terms and Conditions shall apply exclusively; any General Terms and Conditions of the customer that conflict with or deviate from these General Terms and Conditions shall not be recognized unless Digital Steps UG has agreed to them in writing in individual cases. Enquiries regarding these terms and conditions may be sent to email@example.com . A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. German law applies. If the customer is a merchant or if he has his residence outside the EU, the registered office of Digital Steps UG, Munich, is agreed as the place of jurisdiction for all disputes arising from the contractual relationship. The following terms and conditions apply exclusively to the delivery of goods and other services of Digital Steps UG to consumers.
3. General information
Digital Steps UG provides its customers and interested visitors with non-binding information about mobile phones (so-called “smartphones”) and mobile phone tariffs that do not constitute an invitation to purchase a specific product. However, the customer has the possibility to choose from a selection of products, whereby he can decide at any time and with the help of the non-binding information provided by us to conclude a contract or to purchase a smartphone. Digital Steps UG acts only as an intermediary, not as a service provider. Mobile phone contracts concluded by a customer on our website are always concluded with the mobile phone provider of his choice, but not with Digital Steps UG. Digital Steps UG has no influence on the conclusion of such a contract or its failure. The acceptance of a contract by Digital Steps UG or a third party is subject to the availability of the ordered goods and services. Digital Steps UG undertakes in the event of unavailability to inform the customer without delay and to reimburse any consideration received without delay. Unless Digital Steps UG specifically acts as an insurance broker for an insurer represented on the website, nothing on this website constitutes general or financial advice or is considered advice or recommendation. All information available on this website is of a general and non-binding nature only. None of the mobile phone contract information available on the Website constitutes advice. It serves interested users as the basis for an independent and autonomous decision over which Digital Steps UG has no influence. The information available on our website is non-binding and in no way constitutes an assurance. If a user chooses the offer of a provider, he passes through the application process after pressing the “Order Now” button and makes his data available by entering them in the following forms. By submitting his order, the user submits a binding contract offer to the respective provider, for the conclusion of which Digital Steps UG gives no guarantee. After checking the data, the mobile phone provider decides whether to accept or reject the contract offer.
4. Access to the website and content
Although we endeavour to ensure uninterrupted access to our website, access may be suspended, restricted or suspended at any time. We reserve the right to replace, modify or alter information or services, temporarily suspend them or remove them completely without prior notice. We assume no responsibility for the content and services of other websites that can be accessed via links on our website.
5. Service on www.nemcall.com
For the use of our offer we grant them a non-transferable, non-exclusive and revocable license to use the software on our servers. Within the scope of the permitted use (see section 3), we enable you to access and retrieve information from the websites of third-party providers. With the help of the software running on our servers, it is possible for you to transmit requests for further information to external providers. You acknowledge that when using our software and obtaining information from third party providers you are acting on your own behalf and have not instructed us to act as your representative.
We make reasonable efforts to ensure that the information on our website is accurate. Errors and omissions will be corrected as soon as possible after we become aware of them. However, we do not guarantee complete freedom from error and accept no liability for any inaccuracies or omissions. Information from external providers is not subject to any control by us. We do not verify their accuracy or completeness. We therefore point out that information from third-party providers may be incomplete, incorrect or out of date. In particular, information or quotations provided to us by service providers are not checked, checked for accuracy or confirmed by us. To the extent permitted by applicable law, we exclude all warranties, express or implied, including conditions and representations as to the accuracy of the information contained on our website. We do not warrant that our website is free of viruses or anything else that may be harmful to technology of any kind.
7. Disclaimer for products and services of third parties
Our website offers a wide range of products and services which you can request through us or purchase directly. We expressly point out that parts of our offer are not offered directly by us, but by third parties who are not subject to our control. You should make a conscious decision to conclude a contract, as you will always make a binding contractual offer to purchase products and services from a provider on our website. We do not assume any liability for services, products or information provided by external providers. Third-party providers perform contracts entered into for products and services on the basis of their own terms and conditions. It is therefore important that you check whether you agree with the terms and conditions of the third party providers before purchasing services or insurance products. Offers available on our website may contain references to certain conditions that apply to individual products or services. If this is the case, it is your responsibility to inform yourself about the relevant individual conditions.
All intellectual property rights, as well as copyrights in the material contained on our website, including design, text, graphics, as well as their arrangement belong to us or our licensors. The same applies to used software, source code and software including miniprograms, all rights reserved. Reproduction or distribution of any materials used on our website is not permitted without our express prior written permission. We allow you to download and print individual copies for your personal, non-commercial use offline. All rights to nemCall belong to Digital Steps UG. All other product and company names mentioned on the website are the trademarks of their respective owners.
9. Your contract data
Your contract dataWith the use of our offer you commit yourself to the transmission of complete and correct data when submitting a contract offer. In addition, you ensure that the data you transmit to us is free of viruses and other malware that could damage parts of our website or the underlying technology.
We cannot accept payments which you make for the processing of a contract concluded via us with one of our partners. In order to ensure a smooth fulfilment of your contract, we transmit your account connection data and your personal address data to the respective provider. This includes mobile phone providers and insurance providers that are suitable for smartphones. However, Digital Steps UG is the recipient of payments from its end customers for mobile phones and for shipping costs incurred, provided that the shipping partner for the mobile phone is EinsAMobile GmbH and the conclusion of a mobile phone contract does not include the delivery of a mobile phone by one of our partners. If the receipt of a device depends on the co-payment of a customer, the full co-payment amount is due within seven days of invoicing. Payments can be made by direct debit, credit card, PayPal, invoice or prepayment. When paying by PayPal, the customer requires a personal customer account with the payment service PayPal. In the case of payment by PayPal or credit card, payment is made immediately after a positive credit check by the mobile phone provider, i.e. immediately after the conclusion of the contract. If payment is made by direct debit, it can take up to two days after the conclusion of the contract for a payment to be debited. If Digital Steps UG is authorized to collect a direct debit on the basis of the end customer’s order and the end customer’s account does not have the necessary funds, Digital Steps UG will receive a fee of 12 € from its customer for each non-recoverable direct debit. The customer must transfer this fee, plus shipping costs and any individual device costs, by bank transfer to Digital Steps UG. If a customer with a direct debit that cannot be collected does not comply with this request for payment, Digital Steps UG may instruct a lawyer to take over the collection.
11. Retention of title
The goods remain the property of Digital Steps UG until full payment has been received. Before the transfer of ownership, the customer will only dispose of these goods with the prior written consent of Digital Steps UG. In the event of access by third parties, in particular in the event of seizure of the object of purchase, the customer must notify Digital Steps UG immediately in writing and inform the third party immediately of Digital Steps UG’s retention of title.
Legal warranty rights exist for all goods in our offer. If applicable, the manufacturer of our goods gives a one- or two-year manufacturer’s warranty, which exists in addition to the statutory warranty rights and does not affect them. To assert a warranty claim, please contact the manufacturer directly or contact us so that we can help you with the handling of the warranty case. The details of the guarantee given for the goods purchased by you can be found in the respective article description. The following are excluded from any warranty: a) Defects due to faulty third-party assembly, incorrect operation of the goods or their accessories, b) Defects due to wear due to overuse, c) Poor reception quality due to unfavourable reception conditions or other influences outside the goods. The customer must observe the instructions and care instructions of the respective manufacturer. Any testing and repair services required within the scope of the contract shall be carried out by a specialist company designated by Digital Steps UG or authorised by the manufacturer. Digital Steps UG will inform the customer of this in each case. Digital Steps UG shall pass on to the customer any warranty granted by the manufacturer of Digital Steps UG in its respective scope. The warranty period begins with the delivery of the goods to the customer.
13. Phone calls
Calls to our telephone hotline can occasionally be monitored or recorded by a team leader for training purposes. However, you have the possibility to object to the recording. For this purpose you will be asked explicitly at the beginning of a telephone conversation. Recorded conversations are only used under careful supervision.
We want to offer you excellent service at all times. If, however, you feel that there are any discrepancies, you can of course contact our customer service department by telephone at +49 (0) 89 / 904 213 40, by e-mail at firstname.lastname@example.org or in writing at our address Digital Steps UG (haftungsbeschränkt), Nimmerfallstr. 33, 81245 Munich, Germany. We will confirm your contact in writing within five working days. If you are dissatisfied with a product or service from a third-party provider, e.g. a mobile phone provider, we recommend that you contact the provider of the product or service directly. We will be happy to assist you in contacting a provider by providing a corresponding contact address.
Digital Steps UG may terminate or suspend your access to our website www.nemcall.com and related services at any time.
16. General information
Our website may only be used by you for non-commercial and personal purposes. All contents of our website www.nemcall.com are directed exclusively at persons in Germany. Digital Steps UG articles are only delivered to Germany. The delivery time is approx. 3 – 5 days, unless otherwise stated in the individual offer. The punctual delivery of orders can only be guaranteed to the extent of the available stocks. If Digital Steps UG is responsible for delays in delivery, the period of grace to be set by the customer shall be two weeks; the period of grace shall commence upon receipt by Digital Steps UG of the setting of the period of grace. If the ordered product is not available because Digital Steps UG is not supplied by a supplier through no fault of its own, Digital Steps UG is entitled to withdraw from the contract. In this case, the customer will be informed immediately about the non-availability of the goods and his possibly rendered consideration will be refunded immediately.
If any provision of this Agreement is held to be unlawful, void or unenforceable, that provision shall be deemed severable from the remainder of this Agreement. The validity and enforceability of the remaining provisions of this Agreement shall remain unaffected to the extent possible. If we fail to enforce any right under this Agreement, such failure shall not prevent us from exercising such or other rights at a later date.
We are entitled to change these general terms and conditions at any time. Your continued use of our website constitutes your acceptance of such changes. Except as otherwise provided herein, neither party may assign or transfer rights under these Terms and Conditions without the prior written consent of the other party.
We may assign or transfer our rights under this Agreement to any company within the Digital Steps UG group of companies in the event of a reorganization of the business or a sale of interest or for any reason of expediency. Except as expressly provided otherwise in this Agreement, no provision of this Agreement may be enforced by any person who is not a party to it.
Note The following paragraphs form part of these Terms and Conditions and provide you with more specific guidance regarding certain products and services.
17. Contact before expiration of contract
Digital Steps UG reserves the right to contact contract customers between the fourth and third last month before the end of a mobile phone contract concluded via the website www.nemcall.com for the transmission of current offers and to remind them of any necessary contract termination.
18. Insurance products and services
During your order process you have the possibility to choose an additional mobile phone insurance from one of our partner companies. Before purchasing an insurance policy, you should in any case carefully check the terms and conditions of the insurance contract, the terms and conditions of the insurer and all other documents relevant to the policies. Digital Steps UG will make every effort to provide sufficient information to your users so that you can make an informed decision about taking out insurance. However, you should not rely solely on the information we provide. You should be aware of all the details of the insurance contract, such as the restrictions, exclusions, conditions and obligations applicable to that contract. You should ensure that the insurance contract meets your needs and that you agree to the terms of the insurance contract before placing an order to purchase an insurance product or benefit. We do not accept any responsibility in the event that an insurance contract purchased by you does not meet your requirements, unless we act as an insurance broker for an insurer in a particular case. If we act as an insurance broker for an insurer, we will not accept any responsibility in the event that an insurance contract purchased by you does not meet your requirements and this is due to the fact that you have not made sufficient use of our advice and the information provided by us. For example, if there are changes to your insurance contract, the insurance company will notify you of those changes. It is generally the responsibility of the insurance company to provide you with all relevant documentation. We do not accept any responsibility in the event that you do not receive requested or expected documents, unless it is a case in which we act as an insurance broker for the insurance company.
19. Shipping partner for telephones and accessories
- When ordering a smartphone, tablet or accessory in connection with a contract with Drillisch Online GmbH: Drillisch Online GmbH, Wilhelm-Röntgen-Straße 1-5, 63477 Maintal, Germany
- When ordering a smartphone, tablet or accessory in connection with a contract of 1&1 Telecom GmbH: 1&1 Telecom GmbH, Elgendorfer Str. 57, 56410 Montabaur, Germany
- When ordering a smartphone, tablet or accessory in connection with a contract with another mobile phone provider: EinsAMobile GmbH, Samerwiesen 6 in 63179 Obertshausen, Germany
20. Cancellation policy for goods
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date on which either you yourself or a third person other than the carrier designated by you took possession of the last goods. For the exercise of your revocation we need your clear explanation. You can send us your decision to cancel in writing by post, fax or e-mail. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of revocation
In the event of revocation of this contract, we will retransfer to you all payments received from you, including delivery costs, immediately, but at the latest within 14 days of receipt of your revocation by us. For the refund we use the same payment method with which we received your original payment, unless otherwise agreed. We will not charge you any fees for this repayment. We may refuse repayment until the goods have been returned or until we have received proof from you that the goods have been returned to us. You must return or hand over the goods to us immediately, but at the latest within fourteen days of sending your revocation. This period shall be deemed to have been observed if you dispatch the goods affected by the revocation before expiry of the period of fourteen days. You shall bear the costs of returning the goods. You only have to pay for any loss in value of the goods affected by the revocation if you have caused the loss in value through any form of handling which was not necessary to check the condition, properties and functionality of the goods concerned.
21. Cancellation policy for services
You have the right to revoke this contract within fourteen days without giving reasons. The period begins with the day of the conclusion of the contract. In order to exercise your right of revocation, we require your unambiguous declaration. You can send us your decision to withdraw in writing by post, fax or e-mail. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of revocation
In the event of revocation of this contract, we will retransfer to you all payments received from you, including delivery costs, immediately, but at the latest within 14 days of receipt of your revocation by us. For the refund we use the same payment method with which we received your original payment, unless otherwise agreed. We will not charge you any fees for this repayment. If you have instructed us to begin providing the Service during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided in the Agreement.
22. Online dispute resolution
The EU Regulation No. 524/2013 on Online Dispute Resolution in Consumer Matters obliges us to draw your attention to your right to out-of-court dispute resolution if, after a contract has been concluded with us, disagreements arise which are likely to lead to an out-of-court solution.
The European Commission is responsible for setting up the platform. You can find the European Online Dispute Settlement Platform here: http://ec.europa.eu/odr.
Digital Steps UG does not participate in dispute resolution proceedings before a consumer arbitration board.