General Terms and Conditions of ImpactIQ Germany – hereinafter referred to as “Smartphone”.

These Terms and Conditions of ImpactIQ apply to transactions with consumers of the brand: Smarthandy.shop

(As of: 08/2023)

I. Scope

For all contracts with Smarthandy, only the following General Terms and Conditions (GTC) apply in the version valid at the time of the order. Any conditions of the customer that conflict with or deviate from the following terms and conditions will not be recognized unless Smarthandy has expressly agreed to their validity (orally or in writing). The following conditions also apply if Smarthandy carries out the delivery to the customer without reservation in the knowledge that the customer's conditions contradict or deviate from the following sales conditions.

II. Conclusion of contract

1. The mobile phone and/or data tariffs and products (devices, bundles and accessories) shown in Smarthandy's online shops or other advertising materials do not represent a legally binding offer, but rather a non-binding product catalog. By clicking on the "Buy" button place a binding order for the goods received in the shopping cart. Confirmation of receipt of the order follows immediately after sending the order by email and does not constitute acceptance of the contract. Smarthandy can process the order by sending an order confirmation by email after the application has been activated by the mobile phone provider or network operator, or by Accept delivery of the goods within ten days.

2. Our non-binding product catalog is aimed exclusively at customers who...

Have reached the age of 18 and have a delivery address within the Federal Republic of Germany.

3. If the arrangement of a mobile phone and/or data tariff contract is also part of the contract, the mobile phone and/or data tariff contract is concluded directly with the mobile phone operator under the terms and conditions used at the time of conclusion of the contract, with Smarthandy acting as an agent for the mobile phone operator within the scope of the conclusion of the contract acts. Accordingly, a revocation (see III.) must also be declared to Smarthandy. The mutual rights and obligations arising from the contract with Smarthandy depend on the existence of the mobile phone and/or data tariff agreement during the term of the contract with Smarthandy.

4. All prices are final prices in euros and include the applicable VAT.

5. The prices stated include the German sales tax applicable at the time of the order and plus the flat rate for packaging and shipping listed in the order. Shipping the order with the additional lightning shipping option will be charged separately. If the ordered device is available, the delivery time is 3 to 11 working days after activation of the mobile phone and/or data tariff contract.

6. Customer payments to Smarthandy are made by credit card, Giropay, instant transfer or direct debit. When ordering a device without a mobile phone contract, the payment options available are credit card, Klarna or instant bank transfer. Any alternative payment options are offered and presented in the online shops on a product-specific basis.

7. If DHL cannot deliver the customer's order to the specified delivery address, Smarthandy reserves the right, for security reasons, to cancel the purchase contract for the device, as well as the mobile phone and/or data tariff contract.

III. Right of withdrawal

The following cancellation policy only applies to consumers, ie natural persons who conclude the purchase contract for a purpose that cannot predominantly be attributed to their commercial or independent professional activity (§ 13 BGB).

Cancellation policy for purchase contracts

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. If you have ordered several goods as part of a single order and these goods are delivered separately, the cancellation period only begins to run from the day on which you or a third party named by you who is not the carrier has possession of the last goods have taken or has. If there is a contract for the delivery of goods in several partial shipments or pieces, the cancellation period begins to run from the day on which you or a third party named by you who is not the carrier has possession of the last partial shipment or last piece have taken or has. In the case of a contract for the regular delivery of goods over a fixed period of time, the cancellation period begins to run from the day on which you or a third party named by you, other than the carrier, has or has taken possession of the first goods. However, in all cases listed above, the cancellation period does not begin to run until you have received this instruction in text form and not before you have been informed by us in accordance with the requirements of Article 246a § 1 Paragraph 2 Sentence 1 Number 1.

The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery (e.g. in-ear headphones).

Compensation for value: We would like to point out that you as a consumer are only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.