These terms and conditions apply in their current version to all business between goSmarthome Armin Lahr, hereinafter “goSmarthome”, and its customers.

§ 1 identity and address of the business

Owner: Armin Lahr
Company: goSmarthome
Headquarters: Melissenweg 1, 41516 Grevenbroich
Phone: +49 (0) 2182 8569447
Email: info@gosmarthome.de

§ 2 Scope and definitions

2.1 The following conditions apply to the supply of goods and other services of goSmarthome
2.2 These terms and conditions apply exclusively; conflict with or deviate from these General Terms and Conditions of the customer are not recognized, unless goSmarthome has approved in writing in individual cases. Enquiries about this policy can at
service@gosmarthome.de be addressed.
2.3 consumer is any natural person who enters into a transaction for a purpose that can neither be attributed to their commercial or independent professional activity.
2.4 entrepreneur is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.

§ 3 Conclusion of contract

3.1 The range shown on the server of goSmarthome is not a legally binding offer, but a non catalog.
3.2 The customer orders his desired goods / services by sending in the order form completed in full detail. The contract is concluded when goSmarthome and possibly the third-party accept this offer (for example, the service provider / network operator for mobile telephony contracts). The acceptance is subject to the availability of the goods / services ordered. goSmarthome undertakes in this case to inform the customer immediately of the unavailability and to reimburse approximately obtained without delay. The declaration of acceptance to the customer made by the delivery, a custom confirmation email (our automatically sent order confirmation serves only their information) or telephone confirmation.

§ 4 Due date, payment and default

4.1 The purchase price is due after billing immediately. Payment of the purchase price will be made by direct debit, bank transfer or cash on delivery in cash. The payment procedure offered by goSmarthome in individual cases are mainly depending on value of goods, the product type, the amount of the total order, the duration of the relationship, and will be determined exclusively without giving a reason of goSmarthome.
4.2 If the customer is in default, goSmarthome is entitled to demand the statutory default interest. The right of goSmarthome to make another legal reason higher interest rates or further damages remains unaffected.
Cancellation

§ 5. Withdrawal

5.1 The customer is entitled to revoke his agreement to the contract declaration of intent without giving reasons within one month in text form, eg. As by letter or e-mail, or by returning the goods, provided that such declaration of intention neither to his commercial nor can be attributed to his professional capacity.
The cancellation period begins with receipt of the goods and if the customer has been previously informed in writing the revocation. To comply with this period is sufficient to send the revocation or the goods to which: goSmarthome – Melissenweg 1-41516 Grevenbroich
5.2 This right does not apply to sealed goods in software, if the customer opens the sealed package or damaged (unsealing). Bundles, packs and other collection of software and hardware can only be returned together.
Returns:
5.3 If you have purchased a device in conjunction with the conclusion of a new mobile phone contract, a contract extension or other mobile power such services and purchase agreement may be revoked only in common. Repeal the mobile phone contract, you declare the same time the withdrawal of the contract, and vice versa. In the case of an effective cancellation the mutually received benefits are to be returned and issue any benefits (for example, benefits from use or interest). Can you give us the performance received whole or in part, or just in a state (for example, in case of pollution or damage to the goods, damaged packaged for sale, at the removal of protective films on the device or tearing of manuals) grant, you must pay us compensation for the value. With the surrender of things this does not apply if the deterioration is exclusively due to their inspection – is due – as would have been about you at our store. In addition, you can use the
avoid liability for compensation by not using the goods as your property and omitting everything, which impairs their value. Obligations to refund payments we must meet within 30 days after sending your revocation.
special instructions
5.4 Your right expires early when starting with your express consent to the execution of the contracted telecommunications services before the end of the revocation period or you have initiated the execution of the contract before the end of the withdrawal period itself.
5.5 You have to bear the cost of returning the goods if the goods delivered the goods ordered corresponds and if the price of the item to be returned by 40, – does not exceed € or if you are not at a higher price the thing at the time of the revocation yet have paid the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge. The return is at risk of goSmarthome. Not parcel things are picked up.
5.6 If you have financed this contract through a loan, and if you revoke the financed contract, you are no longer bound to the loan agreement if both contracts form an economic unit. This is particularly likely if we are also your lender or if your lender with regard to the financing of our involvement. If this loan at effective date of cancellation or the return has already been extended, you can turn not only to us but also to your lender about reverse transaction.
End of revocation

§ 6 Details for ordering and delivery

6.1 goSmarthome is entitled to partial delivery and partial settlement, provided for this purpose there is a good reason and this is reasonable taking into account the interests of goSmarthome for the customer. Unless otherwise agreed, the delivery to the situation resulting from the buyer’s order address at its own expense and after delivery of the goods to the carrier takes place at his own risk. If the customer is a consumer, the risk is the transfer of the goods to the buyer.
6.2 The timely delivery of orders can be guaranteed only to the extent of available stocks. If unable, through goSmarthome delays the duration of the customer to be set grace period of two weeks; the period begins upon receipt of the grace period in goSmarthome.
6.3 When not to be represented by goSmarthome nondelivery by an upstream goSmarthome is entitled to withdraw from the contract. In this case the customer is informed of the unavailability of the product and its return immediately refunded back. If the customer is a merchant, the delivery deadline is met if prior to deadline expiry the goods have left the warehouse or the shipment has been communicated to the customer.
6.4 Shipping costs are included in each specified unit price for orders from subsidies. For orders unsubsidized shipping costs are explicitly indicated. Delivery is by DHL (formerly German Post) or another reliable provider.
6.5 An order is legally binding confirmed only at the time when a document with the label “CONFIRMATION OF ORDER” will be delivered by email or by post. A check email from the shop system is not regarded as order confirmation. Such adjustments arising from bugs miscalculations can have precautionary order cancellations result. Erroneously costs incurred are reimbursed in the event of a calculation error. The order in question must then be carried out again.

§ 7. Retention of title

7.1 Until full payment the goods remain the property of goSmarthome.
7.2 Prior to the passing of title Customer shall dispose of such goods only with prior written consent of goSmarthome. If third parties, in particular the attachment of the purchased item to the customer goSmarthome shall immediately make a written declaration to notify the third party of the retention of title goSmarthome.

§ 8 Warranty and Guarantee

8.1 The claims of the customer due to defects in the goods shall be governed by the legal regulations within the legal deadlines, as far as is apparent from the hereinafter otherwise.
8.2 Warranty claims are not assignable.
8.3 Excluded from any warranty are:
a) defects due to faulty alien fixation, due to improper operation of the product or its accessories,
b) defects caused by wear of overuse,
c) poor reception quality due to unfavorable reception conditions or other influences outside of the product.
8.4 The customer has to follow the instructions and maintenance instructions of the respective manufacturers.
8.5 Under the contract, any necessary inspection and repair services are carried out by a proxy of goSmarthome or by an authorized manufacturer specialist. This is the customer of each goSmarthome notified.
8.6 goSmarthome is an optionally goSmarthome by the manufacturer to guarantee restricted further in their scope to the customer.
8.7 The warranty period begins with the delivery of the goods to the customer.

§ 9 Liability

9.1 goSmarthome pay damages, regardless of the legal reason, to the following extent:
a) With intent and gross negligence in full
b) for slight negligence only in case of injuries of a contractual obligation (cardinal obligation).
9.2 The statutory liability for bodily and personal injury, provision of a guarantee (for example, quality guarantees) or a procurement risk and under the Product Liability Act remains unaffected.

§ 10 Data Protection

10.1 We store name and address data as well as the ordering and processing customer data only for the purposes of the execution of contracts. We store the orders and customer data to our secure, password-protected web server. Note: The customer may at any time be customer delete by writing an email to: service@gosmarthome.de. Furthermore, the customer can access www.gosmarthome.de his order and customer data at any time under “Account”. The data are adequately protected against access by third parties.
10.2 The personal data can be used by goSmarthome to to run a credit check. Upon signing a mobile phone contract, which is mediated by goSmarthome, the personal data of goSmarthome be communicated to the contractor, which in turn provides credit ratings. This notice is in accordance with the provisions of §33.1 BDSG.
10.3 The data will not be disclosed to third parties for purposes of advertising, market research or similar purposes.
10.4 The customer can stored at goSmarthome concerning it up at any time by e-mail request to service@gosmarthome.de.

§ 11. Other agreements

11.1 All agreements reached between goSmarthome and the customer for execution of this contract are laid down in writing between the parties.
11.2 Unless otherwise agreed, any assignment of rights and obligations under this contract by the customer to a third party without the prior written consent of goSmarthome. goSmarthome will only deny this agreement for cause.
11.3 If any provision of these terms and conditions or a provision of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.
11.4 This Agreement is governed exclusively by the substantive law of the Federal Republic of Germany excluding the UN Convention on the sale of goods.
11.5 Performance is the headquarters of goSmarthome in Grevenbroich.
11.6 If the customer is a merchant, legal entity under public law or public special fund, our place of business is place of jurisdiction for all disputes arising from the contractual relationship; However goSmarthome is entitled referred to in clause 1 customer to sue also at their place of residence. If the customer is not a merchant, the statutory regulation shall apply.
11.7 All packaging used by goSmarthome be withdrawn free of charge at the headquarters of goSmarthome.