The Blabloo smartphone is sold to you by our partner Sertronics GmbH, Jenfelder Allee 80, 22045 Hamburg, Germany.
Terms and conditions
Sertronics GmbH, Jenfelder Allee 80, 22045 Hamburg is responsible for the purchase of the Blabloo smartphone, which is regulated by these terms and conditions. For all other issues such as the blabloo.net website, product development, trademark rights etc., responsibility lies with Movigo GmbH, 8004 Zurich, Switzerland.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
With respect to entrepreneurs, these terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Sertronics GmbH.
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalog. You can initially add our products to the shopping cart without obligation and correct your entries at any time before sending your binding order by submitting them in the order process and explained correction aids. By clicking the order button you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
When the contract is concluded with us depends on the payment method you have chosen:
cash on delivery, invoice
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details.
When you submit your order, you are also sending us your credit card details. After your legitimation as a legitimate cardholder, we ask your credit card company to initiate the payment transaction and thereby accept your offer.
In the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.
Cash on collection
We accept your order by sending a declaration of acceptance in a separate email within two days.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions by email. For security reasons, the contract text is no longer accessible on the Internet.
4. Terms of delivery
In addition to the specified product prices, shipping costs are added. You can find out more about the shipping costs from the offers.
You generally have the option of picking up at Sertronics GmbH, Am Studio 20d, 12489 Berlin, Germany during the following business hours: Monday to Thursday from 9:00 a.m. to 6:00 p.m., Friday from 9:00 a.m. to 5:00 p.m. .
5. Payment in
If you choose the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment. We can currently only offer
delivery for telephone orders.
You pay the purchase price directly to the delivery agent. There are plus 4 euros as costs. In addition, 2 euros are to be paid directly to the deliverer.
When you submit your order, you are also sending us your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after placing your order. The payment transaction is carried out automatically by the credit card company and your card is debited.
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.
We only offer purchase on account for schools, universities, public institutions or commercial customers (after examination).
You pay the invoice amount after receipt of the goods and the invoice by transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
Cash payment on collection
You pay the invoice amount in cash on collection .
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice, regardless of a connection or mixing of the reserved goods with a new item, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The risk of accidental destruction and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. The obligation to inspect and give notice of defects, which is regulated in § 377 HGB, applies to merchants. If you omit the notification regulated there, the goods will be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.
8. Warranties and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Towards entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, count as an agreement on the quality of the goods; We accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide our entrepreneurs with a choice of remedying the defect (rectification) or delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the
event of injury to life, limb or health
in the event of willful or grossly negligent breach of duty, as well as malice
in the event of a breach of essential contractual obligations, the fulfillment of which proper execution of the contract is made possible and the contractual partner can regularly rely on compliance (cardinal obligations)
as part of a guarantee promise, insofar as agreed
as far as the scope of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
For claims due to damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
in the event of injury to life, limb or health,
in the event of willful or grossly negligent breach of duty,
in the case of a promise to guarantee, if agreed, or
as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be that which was foreseeable at the time the contract was concluded Limited damage, the occurrence of which can typically be expected. In addition, claims for damages are excluded.
10. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN sales law.
If you are a businessman within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.