Terms of service
Customer information and general terms and conditions (GTC)
The following customer information and general terms and conditions apply to deliveries and services from the First Digi e.K. Online shop operated at shop.first-digi.com.
The contract is concluded with:
First Digi e.K.
Schiller promenade 4
Managing director: Julian Essig
Commercial register number: HR-A-57813
Register court: District court Berlin Charlottenburg
UStID-No .: DE282466219
Conclusion of contract and order process
1. The presentation of the goods, especially on the Internet, does not yet constitute a binding offer by the seller.
2. By clicking the "Add to shopping cart" button, the selected items are placed in the shopping cart. In the final step, "proceed to checkout", the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the "Buy now" button do you make a binding offer to purchase the goods in the shopping cart.
3. The customer receives an automatic order confirmation, which does not yet represent an acceptance of the offer.
A contract is only concluded with a written order confirmation by the seller.
4. The reservation of an article for collection in the store does not constitute an offer to conclude a sales contract or the conclusion of a sales contract.
Technical correction options
All entries made are displayed in a confirmation window before the order button is clicked and can be changed by the customer before concluding the contract by pressing the "Edit shopping cart" button.
The contract language is German.
Storage of the contract text
The contract text of the contract concluded between the seller and the customer is not saved by the seller. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the contract text is no longer accessible to the customer via the Internet.
Right of withdrawal
Consumers have a fourteen-day withdrawal. You can find them here Details on your right of withdrawal: shop.first-digi.com/widerrufsrecht
You bear the direct costs of returning the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, for the delivery of sealed goods that are not for reasons of health protection or hygiene are suitable for return if their seal has been removed after delivery, contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
The right of withdrawal expires prematurely:
In the case of contracts for the provision of services, if the entrepreneur has provided the service in full and has only begun execution after the consumer has given his express consent and at the same time has confirmed his knowledge that he has his right of withdrawal in the event of complete fulfillment of the contract by the entrepreneur loses.
In the case of a contract for the provision of financial services, contrary to sentence 1, the right of withdrawal expires if the contract is fully fulfilled by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.
In the case of contracts for the delivery of digital content that is not on a physical data carrier, if the entrepreneur has started executing the contract after the consumer has expressly agreed that the entrepreneur will begin executing the contract before the expiry of the withdrawal period and is aware of it has confirmed that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract
The buyer has a statutory warranty right. You will find deviating regulations in our terms and conditions.
Depending on your choice and the selected shipping method, you can pay by PayPal, credit card, instant transfer or upon collection (cash, EC card, credit card).
If you choose the payment method transfer, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
When paying by credit card, the customer's account will be debited immediately after placing the order.
There are no additional costs for the other payment methods.
Deliveries are made within the Federal Republic of Germany including the North and Baltic Sea islands.
Unless clearly stated otherwise in the product description, all items on offer are ready for dispatch immediately.
The delivery times can be viewed here: first-digi.com/versand
When paying by bank transfer, the specified delivery times begin on the day after the payment order has been issued to the transferring bank; When paying by PayPal and Sofortüberweisung on the day after the payment order, when paying by credit card on the day after the customer account has been debited.
The delivery deadlines end with the expiry of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
Unless otherwise agreed, all shipping costs, in particular packaging, transport costs and deliveries, are at the customer's expense.
An overview of the shipping costs can be viewed here: first-digi.com/versand
If the delivery is made to non-EU countries, additional duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to check the details with customs or customs authorities before ordering. To inquire about tax authorities.
All prices quoted include VAT (sales tax).
The abbreviation UVP stands for the manufacturer's recommended retail price.
Complaint management and service hotline
If you have any questions regarding the delivery of the goods (e.g. time, availability, receipt of payment, etc.), you can contact the seller:
When renting devices, a deposit equal to the price of the device must be deposited with the seller in cash or by credit card for the duration of the rental. After the defect-free device has been returned, the deposit will be paid back immediately.
- End of customer information -
TERMS AND CONDITIONS (GTC)
1. Basis of the contract
1.1. All contracts that the customer (consumer or entrepreneur) concludes with the seller via the online shop operated at shop.first-digi.com are exclusively based on these terms and conditions. The customer expressly recognizes this with his order.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Terms of delivery
If the seller incurs additional shipping costs due to the specification of an incorrect delivery address or an incorrect addressee, these costs are to be reimbursed by the customer, unless he is not responsible for the incorrect information.
3. Payment terms
3.1 The purchase price is due immediately upon conclusion of the contract.
3.2 In the event of default in payment, the customer is obliged to pay default interest of 5 percentage points above the base interest rate to the seller if he is a consumer (§ 13 BGB). If the customer is an entrepreneur (§ 14 BGB), the default interest rate is 8 percentage points above the base rate.
3.3 Independent of 3.2. The seller remains at liberty to prove higher damage caused by default as well as other damage.
4. Retention of Title
The goods remain the property of the seller until they have been paid for in full.
5.1 With regard to the warranty, the statutory provisions apply, unless otherwise agreed in 5.2 - 5.4.
5.2 The limitation period for claims from liability for material defects is 24 months and begins with the handover of the purchased item to the customer. If the customer is an entrepreneur (§ 14 BGB), the limitation period is 12 months from delivery of the item.
5.3 In the case of used items, the warranty period is one year from delivery of the goods, in deviation from the statutory provisions. The shortened one-year warranty period does not apply to culpably caused damage to the provider from injury to life, limb or health and because of grossly negligent or intentional damage or in the case of malice on the part of the provider as well as for claims according to §§ 478, 479 BGB.
5.4 The legal provisions, inspection and complaint obligations according to the German Commercial Code (HGB) apply to merchants.
6. Right of withdrawal
6.1 The right of withdrawal applies exclusively to consumers.
6.2 The customer must carefully pack the goods for return, without prejudice to his right of withdrawal.
7. Limitation of Liability
7.1 With the exception of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the seller is only liable for damage that can be traced back to willful or grossly negligent behavior.
This also applies to indirect consequential damage such as, in particular, lost profit.
An essential contractual obligation is one, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely.
7.2 Except in the case of willful or grossly negligent behavior or damage resulting from injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations), liability is limited to the damage typically foreseeable at the time the contract was concluded and the amount is limited to the average damage typical for the contract . This also applies to indirect consequential damage such as, in particular, lost profit.
7.3 The limitation of liability in paragraphs 1 and 2 also applies mutatis mutandis in favor of the employees and vicarious agents of the seller.
7.4 Claims for liability based on the Product Liability Act remain unaffected.
8. Reservation of self-supply
The conclusion of the contract is subject to the proviso that in the event of improper, delayed or missing self-delivery, not or only partially or accordingly later or, if necessary, proposing the delivery of a comparable product to the customer.
This only applies in the event that there is a congruent hedging transaction between the seller and the supplier, the improper, delayed or lack of self-delivery is not the responsibility of the seller and cannot be remedied by the seller with reasonable efforts. In the event that the goods are unavailable or only partially available, the customer will be informed immediately. Any payment made will be refunded immediately.
9. Final provisions
9.1 The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected.
9.2 The place of performance is the registered office of the seller if the customer is a merchant.
9.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany or has moved his place of residence abroad after conclusion of the contract or his place of residence is not known at the time the action is brought, the place of jurisdiction is the seat of Saleswoman.
9.4 Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the rest of the contract.
- End of the general terms and conditions -
NOTE ON BATTERY DISPOSAL
In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to inform you of the following:
As the end user, you are legally obliged to return used batteries. After use, you can return batteries to us or to the collection points provided for this purpose (e.g. in municipal collection points or in stores) free of charge. You can also send the batteries back to us by post. Please make sure to use sufficient postage.
Batteries containing pollutants are marked with a symbol consisting of a crossed-out garbage can and the chemical symbol (Cd, Hg or Pb) of the heavy metal that is decisive for the classification as pollutant.
The crossed-out garbage can means that batteries must not be disposed of with household waste. The chemical symbols have the following meanings:
Pb = battery contains more than 0.004 percent lead by mass
Cd = battery contains more than 0.002 percent by mass of cadmium
Hg = battery contains more than 0.0005 percent by mass of mercury
NOTICE ABOUT THE MARKETING, TAKING BACK AND ENVIRONMENTALLY COMPATIBLE DISPOSAL OF ELECTRICAL AND ELECTRONIC EQUIPMENT
Manufacturers and importers have had to take back old electrical appliances that have been on the market since August 13, 2005 free of charge. The electrical and electronic devices that are brought into circulation after November 23, 2005 are marked with a symbol (crossed-out wheelie bin). Such old devices are not to be disposed of as unsorted municipal waste, but are to be collected separately and disposed of via the local collection and return systems.
We are a registered importer within the meaning of the ElektroG. You can therefore return your old devices to us free of charge or dispose of them using the local collection and return systems.
NOTE ON ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be found under www.ec.europa.eu/consumers/odr is callable. You can find our email in the imprint.
Note according to § 36 Abs. 1 Nr. 1 VSBG
First Digi e.K. is fundamentally not willing and obliged to take part in a dispute settlement procedure before a consumer arbitration board.