RESQ
Benjamin Pfister
In den Lohgärten 24
66440 Blieskastel
Mail: [email protected]
Phone: 0 68 42 / 70 81 529
Internet: www.resq-repair.com
- hereinafter referred to as "RESQ" -
(1) These T&C apply to all contracts between RESQ and the customer for diagnostic/analysis services, repair/restoration services, data recovery services and related ancillary services (e.g. shipping, packaging, data carrier provision, download provision), regardless of whether the order is placed online, in store, by email, by telephone or in any other text form.
(2) Deviating general terms and conditions of the customer shall not become part of the contract unless RESQ expressly consents to their validity in text form.
(3) Individual agreements in text form shall take precedence over these T&C.
(1) Consumer means any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
(2) Entrepreneur means a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.
(3) Text form means a readable declaration on a durable medium (e.g. email, customer account message, PDF, letter).
(4) Diagnosis/Analysis means the initial technical examination to narrow down the fault pattern and prepare a cost estimate (KVA), in particular through visual/microscopic inspection, measurements, disassembly/opening as required and documentation as customary.
(5) Cost Estimate (KVA) means the service and price overview for approval by the customer for execution.
(6) Repair/Restoration means measures to remedy the specifically commissioned defect on the device.
(7) Data recovery attempt means the professional implementation of suitable measures for securing/extracting data according to the state of the art.
(8) Data provision means the handover of a technically usable data set to the customer, in particular via a secure download link or, if agreed, on a data carrier.
(9) Unlock code/Passcode means the device unlock (e.g. PIN, password, pattern, biometric unlock in conjunction with code) as well as any required account releases (e.g. Apple ID/Google account), if these are technically necessary for data access.
(1) Diagnosis/Analysis serves the technical evaluation and preparation of a decision by the customer.
(2) For repairs, RESQ owes the professional remedy of the defect described in the order/KVA according to the state of the art. The repair relates exclusively to the agreed fault pattern. Further (hidden) damages or consequential defects may only become apparent during the work and require separate approval (adjusted/new KVA).
(3) For data recoveries, unless expressly agreed otherwise in text form, RESQ owes the professional execution of the data recovery attempt according to the state of the art. The subject of remuneration is the execution of the data recovery attempt as such; remuneration is based exclusively on the cost estimate (KVA) approved by the customer. A specific data volume, a specific data condition, complete device functionality or successful data provision is not owed.
(4) The customer acknowledges that success prospects for data recoveries are often only limitedly predictable in advance, particularly in cases of water/corrosion damage, mechanical damage, prior repairs, thermal damage, advanced ageing, memory/controller errors or security/system-related prerequisites.
(1) Order registration takes place either online via the website/customer account or in the store together with a RESQ employee.
(2) Upon order registration, only a contract for a free diagnosis/analysis is concluded. The free diagnosis includes the initial technical examination and preparation of a KVA. Chargeable repair or data recovery measures are not included.
(3) For online orders, RESQ stores the KVA in the customer account with the respective order and makes it available for in-store orders in a suitable manner (e.g. in the account, by email or in writing).
(4) The customer may accept (approve) or reject the KVA. A contract for repair/restoration or data recovery attempt is only concluded upon express approval of the KVA in text form (button in the account, email, signature, etc.).
(5) RESQ shall generally only commence execution after KVA approval, unless expressly agreed otherwise.
(6) The customer can view and save the order, KVA and contract content in the customer account. The contract language is German.
(1) The prices and conditions stated in the KVA apply, or, where applicable, the prices displayed in the ordering process.
(2) Invoices are provided in the customer account and/or by email in text form. Payments are due in accordance with the invoice.
(3) RESQ may require advance payment or security deposit from entrepreneurs.
(4) The customer shall only be entitled to set-off or retention rights insofar as their counterclaims are undisputed or have been established by final judgement; consumer rights remain unaffected.
(1) If a free DHL shipping label is provided in the ordering process, RESQ shall bear the costs of outbound shipping within Germany.
(2) Customers with a delivery/return address outside Germany shall generally not receive a free shipping label; outbound shipping shall be at the customer's expense unless expressly agreed otherwise.
(3) The customer must package the device in a transport-safe manner unless a packaging service has been expressly agreed.
(4) For returns to consumers, the risk of accidental destruction and accidental deterioration shall only pass to the consumer upon delivery. For returns to entrepreneurs, the risk passes upon handover to the transport service provider.
(1) The customer must truthfully provide RESQ with all information known to them that is relevant to diagnosis, repair or data recovery (e.g. water contact, drop, prior repairs, timeline).
(2) To the extent legally permissible and technically required, the customer shall provide the necessary access/releases, in particular unlock code/passcode and, if applicable, account releases, if these are technically necessary for data access.
(3) If the customer provides information on the unlock code/passcode, they must ensure that this information is correct. Changes (e.g. code change after order registration) must be communicated to RESQ immediately.
(4) The customer is responsible for creating a backup before repairs where possible. RESQ assumes no guarantee for data stock/condition in the course of a repair unless a data backup has been expressly commissioned.
(5) The customer warrants that they are the owner of the submitted device or are otherwise authorised to commission the repair or data recovery (e.g. by power of attorney from the owner). RESQ is not obliged to verify the ownership or authorisation of the customer.
(1) A repair relates exclusively to the defect described in the order/KVA.
(2) If additional, previously unidentifiable damage becomes apparent during the repair, RESQ shall inform the customer and prepare an adjusted/new KVA for approval.
(3) Insofar as statutory acceptance is required, the repair service shall be deemed accepted by entrepreneurs if the device has been handed over/shipped to the customer and the customer does not report defects in text form within seven (7) working days that significantly impair use. For consumers, the statutory provisions on acceptance shall apply.
(1) If the data recovery KVA is approved, the customer owes the remuneration for the data recovery attempt regardless of whether data provision is successful. The amount of remuneration is based exclusively on the KVA approved by the customer.
(2) Data provision may in particular be technically impossible or unusable if, despite professional measures according to the state of the art,
(3) If an unlock code/passcode or account release is technically required for data recovery and the customer does not provide an unlock code/passcode, or the provided unlock code/passcode is incorrect, or required releases are not granted, this may prevent or significantly impede data recovery. RESQ will inform the customer before completion of the data recovery attempt about the incorrect or missing unlock code/passcode and set a reasonable deadline for subsequent delivery/correction. If subsequent delivery/correction does not occur or the deadline expires without result, the remuneration for the data recovery attempt remains owed in full.
(4) In the cases of paragraphs 2 and 3, the data recovery attempt shall be deemed performed. A claim to free repetition exists only if RESQ is responsible for the cause or RESQ has expressly promised a repetition.
(5) Where technically possible and legally permissible, RESQ may offer the customer a chargeable measure for extended unlocking/passcode determination as an additional service. A separate KVA is always required for this, which must be expressly approved by the customer before commencement. There is no entitlement to such an offer or to success.
(1) Data provision is generally made via a secure download link in text form (e.g. via the customer account or by email), unless provision on a data carrier has been expressly agreed.
(2) For security reasons, the download link may be time-limited. The customer is obliged to download the data immediately after provision and to back it up at their own responsibility.
(3) Re-provision after expiry/deactivation of the link is, where technically possible, a separate service and may be subject to a charge.
(4) RESQ is not obliged to check or guarantee the completeness, integrity or substantive correctness of the provided data. The responsibility for checking the provided data lies with the customer.
(1) The customer acknowledges that data recovery measures, due to the nature of the procedure and technical requirements, regularly require interventions through which the submitted device or individual device components may become permanently unusable. Restoration of device functionality is not owed unless expressly commissioned as a repair service.
(2) Insofar as the KVA expressly states that the device or components rendered unusable in the course of data recovery will be professionally disposed of, the customer consents to this disposal by approving the KVA in text form.
(3) If, contrary to paragraph 2, the customer wishes the return of the device or certain components, this must be communicated in text form at the latest upon KVA approval. Return is only possible insofar as this is technically sensible and legally permissible; RESQ shall inform the customer of the shipping/packaging costs incurred in advance.
(1) The customer acknowledges that data provision may in individual cases currently not be technically possible and may only become possible at a later point in time when the state of the art provides the necessary prerequisites in the future.
(2) Within the scope of the approved data recovery order, RESQ owes the professional execution according to the state of the art available at the time of execution. There is no obligation to develop technical procedures indefinitely or to wait permanently for new external tool support.
(3) If RESQ at its own discretion offers a later re-examination or continuation, this constitutes a new service to be separately agreed, which, unless expressly agreed otherwise, shall be separately remunerated. Services already invoiced shall remain unaffected.
(4) The customer has no claim to storage, re-processing or later free-of-charge continuation unless expressly agreed in text form.
(1) Processing times are, unless bindingly agreed, estimates. For data recoveries, waiting times due to tests, stabilisation phases, spare parts procurement, complex fault patterns or queues are customary in the industry.
(2) Delays do not constitute a defect, provided no binding completion deadline has been agreed and RESQ performs the service professionally and the delay is objectively justified.
(1) If the customer rejects the KVA, no further chargeable measures (repair/data recovery) shall be carried out.
(2) For online orders within Germany where a free DHL shipping label was provided for outbound shipping, the customer may choose in the event of KVA rejection between
(3) For in-store orders (retail shop), the customer may collect the device free of charge on-site upon KVA rejection. If the customer wishes shipping, the shipping and packaging costs shall be communicated and charged in advance.
(4) For customers with a delivery/return address outside Germany who have self-franked the outbound shipping, the customer may choose in the event of KVA rejection between
(5) The customer's statutory rights remain unaffected.
(1) After approval of the KVA, the customer may terminate the repair or data recovery order at any time in text form.
(2) In the event of termination of a repair order, RESQ may demand remuneration for services already rendered. Already ordered, non-cancellable or already installed spare parts shall be remunerated. Reversal of parts orders shall only take place insofar as accepted by the supplier; any return/restocking fees shall be borne by the customer, unless RESQ is responsible therefor.
(3) In the event of termination of a data recovery order, RESQ may demand remuneration for services already rendered. If the data recovery attempt has been commenced and a flat fee has been agreed in the KVA, the remuneration shall be based on the proportion of services already rendered to the total scope of the agreed service. Saved expenses shall be credited. If precise delineation is not possible, the following guideline values shall apply:
(4) In all other respects, the statutory provisions shall apply; consumer rights remain unaffected.
(1) RESQ is entitled to retain devices and, where applicable, accessories until full payment of due claims.
(2) RESQ shall store devices after completion/rejection/termination or after a collection/shipping request for a period of at least four (4) weeks.
(3) If, despite being due, no payment is made and/or the customer does not collect the device or commission return shipping, RESQ shall send the customer at least one reminder in text form and set a deadline of at least two (2) weeks for payment/collection/shipping commission.
(4) After fruitless expiry of the deadline and prior notice in text form, RESQ is entitled to realise the device, insofar as legally permissible, provided realisation is possible and economically reasonable. Any proceeds shall be credited against outstanding claims; any surplus shall be paid out to the customer.
(5) If realisation is not possible or economically unreasonable, RESQ is entitled, after prior notice in text form, to professionally dispose of the device. Upon fruitless expiry of the deadline pursuant to paragraph 3 and after double request in text form, it shall be rebuttably presumed that the customer has abandoned ownership of the device (Section 959 BGB).
(6) The customer's statutory rights remain unaffected.
(1) RESQ is entitled to retain devices, data carriers and data provisions until full payment of due claims (cf. also Section 16 para. 1).
(2) Surrender or data provision may be made conditional on full payment.
(1) For consumers, the statutory defect rights shall apply.
(2) Entrepreneurs must report defects immediately in text form. The warranty period for repair services and delivered spare parts shall, insofar as legally permissible, be 12 months from handover/acceptance.
(3) No warranty exists for damage attributable to pre-existing condition, improper handling, third-party interventions, liquid/moisture, drop/mechanical impact, normal wear and tear or other causes not attributable to RESQ.
(4) In the case of liquid/corrosion damage, subsequent failures may occur despite professional repair; these do not constitute a defect in the repair insofar as they are due to progressive corrosion/pre-existing damage.
(1) RESQ shall be liable without limitation for intent and gross negligence as well as for injury to life, body or health.
(2) In the event of slightly negligent breach of material contractual obligations, liability shall be limited to the typically foreseeable damage.
(3) Liability is otherwise excluded to the extent permitted by law.
(4) Liability under the Product Liability Act remains unaffected.
(5) RESQ's liability for data loss in the course of repair services is, to the extent legally permissible, limited to the typically foreseeable damage that would have occurred with regular and proper data backup by the customer (cf. Section 7 para. 4).
(1) RESQ shall treat all information and data becoming known in the course of the service as confidential and shall process personal data in accordance with the privacy policy.
(2) To the extent technically required, data may be checked on a sample basis for integrity/usability verification; no content evaluation shall take place unless expressly commissioned and legally permissible.
(3) Data produced for data provision shall be deleted after handover or after a reasonable period, insofar as no statutory retention obligations apply. The customer is responsible for promptly backing up the provided data.
(4) If RESQ becomes aware of content in the course of service provision that is obviously criminally relevant (in particular depictions of child sexual abuse), RESQ is obliged to inform the competent law enforcement authorities and, if necessary, to retain the device until clarification. The customer shall be notified thereof insofar as this is legally permissible.
(1) Consumers are generally entitled to a right of withdrawal for distance contracts. Details are set out in the withdrawal instructions at Revocation.
(2) If the consumer expressly requests that RESQ commence the service before expiry of the withdrawal period, the consumer shall pay compensation for the services rendered up to the point of withdrawal in the event of withdrawal.
(3) The right of withdrawal expires for services upon complete performance of the service, provided that the consumer gave express consent to the commencement of the service before the start of the service and confirmed knowledge that they lose their right of withdrawal upon complete fulfilment of the contract (Section 356 para. 4 BGB).
RESQ is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this only applies insofar as mandatory consumer protection provisions of the state of habitual residence are not thereby withdrawn.
(2) Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall take the place of the invalid provision.
(3) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Homburg (Saar).
