Terms and Conditions – Express Phone Repair Ltd

The website mobilepowders.com is operated by Express Phone Repair Ltd, 6 Harefield Road, Nuneaton, Warwickshire, CV11 4HD. Questions and complaints may be addressed to the address of the company stated above and in the imprint.

Section 1 Scope / Defence clause

1. Express Phone Repair Ltd shall provide its contractually agreed services on the basis of the following General Terms and Conditions, insofar as these have been effectively included in the contract concluded with the customer and nothing else has been agreed.

2. Customers are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes which can neither be attributed to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

Section 2 Possibilities of conclusion of the contract

The contract is concluded with Express Phone Repair Ltd. It focuses on the sale of goods and the brokerage of third-party services.

Section 3 Conclusion of the contract in distance substitute

1. The products and services presented on the mobilepowders.com website do not constitute a legally binding offer to enter the contract by Express Phone Repair Ltd. This is merely a non-binding offer to the customer to make an offer.

2. You can order in the online shop of mobilepowders.com by selecting a mobile phone/product including an available variant and/or a mobile phone, enter your personal data and details about the desired payment in the following order process, and if necessary providing information about the contract. Before completing the order, you have the option of checking and, if necessary, correcting your details. By clicking on “Buy now” you quit the order and submit a binding offer.

3. The contract is concluded by the subsequent acceptance of the order by Express Phone Repair Ltd. The declaration of acceptance to the customer is made by the delivery of the ordered goods or by sending a declaration of acceptance addressed to the customer in person. The order confirmation sent by the mobilepowders.com website is only used to inform the customer about receipt of his order, but is not accepted of the offer.

4. The contract is concluded exclusively in English. In principle, orders and deliveries are only possible within United Kingdom – a delivery abroad requires the express prior consent of Express Phone Repair Ltd.

5. The text of the contract is stored by Express Phone Repair Ltd, but is accessible to the customer after submitting the order.

Section 4 Payment, due date and default

1. Invoices of Express Phone Repair Ltd are due 7 days after invoicing. The payment methods offered by Express Phone Repair Ltd depend, among other things, on the value of the goods, the type of product, the amount of the value of the order and the duration of the business relationship and are determined exclusively and without giving reasons for Express Phone Repair Ltd.

Section 5 Right of withdrawal for consumers within the meaning of Section 13 BGB

– Cancellation policy for delivery of goods –
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Right of withdrawal

You have the right to revoke this contract within thirty days without giving reasons.

The cancellation period is thirty days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

The revocation is to be sent to:

Express Phone Repair Ltd

6 Harefield Road, Nuneaton, Warwickshire, CV11 4HD

E: [email protected]

T: 02476 642 419

Company number: 11820465

Company VAT no: GB 435454983

Consequences of revocation:

1. In the event of an effective revocation, the services received by both parties shall be returned.

2. You only have to pay for any diminished value of the goods if this diminished value is due to a handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods. New products, including the manufacturer’s packaging and the supplied accessories, must be returned to us. If you return the goods to us without manufacturer packaging or the supplied accessories, you must pay compensation – if necessary also on a pro rata basis – in the amount of the replacement costs. The effectiveness of your revocation will not be affected.

3. If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within thirty days from the day on which we received notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

4. You must return or hand over the goods to us immediately and in any case no later than thirty days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the thirty-day period. You bear the direct costs of returning the goods.

End of revocation policy –

– Revocation instructions for services –
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Right of withdrawal

You have the right to revoke this contract within thirty days without giving reasons.

The withdrawal period is thirty days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

The revocation is to be sent to:

Express Phone Repair Ltd

6 Harefield Road, Nuneaton, Warwickshire, CV11 4HD

E: [email protected]

T: 02476 642 419

Business hours:

Company number: 11820465

Company VAT no: GB 435454983

Consequences of revocation:

1. If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within thirty days from the day on which we received notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

2. If you have requested that the services begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of services already provided by the time you inform us of the services already provided by the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

End of revocation policy –

Section 6 Cost storage agreement

1. If you make use of your right of withdrawal, you have to bear the direct costs of returning the goods.

Section 7 Offers

1. Special offers are subject to special prices while stocks last. If the goods are no longer available, the customer will receive any message immediately. Any consideration already rendered will be refunded immediately.

2. Express Phone Repair Ltd reserves the right not to provide the promised service if it turns out that the goods are not available after the conclusion of the contract, even though a corresponding coverage transaction has been concluded. In such a case, Section 7 section 1 sentence 2 and 3.

Section 8 Delivery and transport

1. Unless otherwise agreed, delivery to the address resulting from the customer’s order shall be made at the customer’s expense. In the event of an effective revocation, the buyer has to bear no delivery costs.

2. In the case of deliveries to entrepreneurs (S. 14 BGB), the risk of accidental deterioration and accidental loss of the goods from handover to the transport person shall pass to the buyer. The goods must be inspected for transport damage immediately after receipt by the entrepreneur or his representative. Deductible transport damage must be reported immediately in writing. The entrepreneur must have the goods confirmed in writing by the transport company when accepting the goods.

3. In the case of deliveries to consumers (S. 13 BGB), the risk of accidental deterioration and accidental loss of the goods from the handover of the goods to the buyer shall pass to the customer.

Section 9 Reservation of title & assignment of claims

1. The goods will remain the property of Express Phone Repair Ltd until full payment has been made.

2. The customer is not entitled to sell the goods to third parties until full payment of the purchase price or to take other measures that endanger the property of Express Phone Repair Ltd. The customer is already assigning his future claims against the purchaser in the amount of the purchase price agreed between Express Phone Repair Ltd and the customer, including interest and ancillary claims, to Express Phone Repair Ltd.

Section 10 Warranty, liability and guarantees

1. The customer’s warranty claims due to defects in the goods are governed by the statutory regulations. The limitation period for statutory claims for defects is 2 years and begins with the date of delivery, i.e. receipt of the item by the customer.

2. Defects or damage resulting from culpable or improper handling of the goods or improper installation or use of inappropriate accessories or changes to the original parts by the customer or a third party not commissioned by Express Phone Repair Ltd are excluded from the warranty. Natural wear and tear is also excluded from the warranty.

3. Express Phone Repair Ltd reserves the right to demand a flat-rate handling fee of £10 as compensation from the customer in the event of an unauthorised request for defects from the customer as compensation if the customer has recognised or has not recognised negligently that a defect does not exist, but the cause of the appearance he wants is in his own area of responsibility. The above lump sum is not applicable if the customer proves that damage has not occurred at all or is significantly lower than the lump sum. Express Phone Repair Ltd reserves the right to claim damage beyond the flat processing fee, provided that such a damage has been verifiably incurred.

4. Express Phone Repair Ltd is liable for consequential damages in the context of the statutory regulations.

5. Depending on the manufacturer, the customer is entitled to rights from a warranty guaranteed by a warranty contractually granted by the manufacturer. The statutory warranty rights towards Express Phone Repair Ltd are unaffected. You can view whether and to what extent a guarantee is given on the homepage of the respective manufacturer.

Section 11 Place of performance, place of jurisdiction, choice of law

1. The place of performance for all services arising from the business relationships with Express Phone Repair Ltd is United Kingdom, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.

2. United Kingdom is the exclusive place of jurisdiction for actions against Express Phone Repair Ltd as well as for complaints against the customer by Express Phone Repair Ltd, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

Section 12 Severability clause

Should one or more of the provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.