Legal terms
General Terms and Conditions
This translation is provided for convenience. The original German version is authoritative for legal interpretation. Open the German original
1. Provider and scope
These General Terms and Conditions apply to repair, diagnostic and service work performed by BAM Fyx² Smart Repair, owner Muhammed Tahir Bagci, Ascherslebener Weg 6c, 68307 Mannheim, for consumers and businesses.
2. Services and conclusion of the contract
The presentation of repair services on the website does not constitute a binding offer. By submitting a repair order, the customer makes a binding offer. The contract is concluded by an express order confirmation, the sending of an invoice or the start of the repair service.
Fixed prices apply where the actual fault corresponds to the selected repair. If additional or different defects are found, chargeable additional work will only be carried out after consultation with and approval by the customer.
3. Prices, return shipping and small-business scheme
The prices shown during the ordering process apply. For shipping orders, the customer bears the cost of sending in the device. If a repair is carried out, insured return shipping within Germany is included in the displayed repair price. If no repair is carried out, any diagnostic and return costs are agreed in advance.
An estimate ordered through the website costs €19.90 and is processed only after the online payment has been confirmed. If BAM Fyx² subsequently performs the repair described in it, the estimate fee is credited in full against the repair price.
BAM Fyx² Smart Repair applies the small-business scheme pursuant to Section 19 of the German VAT Act (UStG). VAT is therefore not shown separately.
4. Payment methods and due date
The payment methods displayed during the ordering process are available. Depending on the selection, online payments are processed through Stripe or PayPal and are due immediately during checkout. Bank transfer and, for on-site service, card and cash payment may also be available. Invoices are due without deduction within the stated payment term.
For bank transfers, repairs generally begin after full payment has been received unless agreed otherwise. Payments at an on-site appointment are due no later than before the repaired device is returned.
5. Shipping orders
After completing the order, the customer may send the device directly to the stated shipping address. The device must be complete, securely packed for transport and protected against moisture. To the extent permitted by law, the customer is responsible for proper packaging and bears the cost and transport risk of sending it in.
The order number and contact details should allow the shipment to be assigned clearly. A device code, PIN or password must only be enclosed on a separate note and must not be submitted through the website.
6. On-site service and appointments
For on-site service, the customer selects an appointment released by BAM Fyx² Smart Repair. The appointment becomes binding only with the order confirmation. The customer brings the device to the confirmed address; BAM Fyx² Smart Repair is not obliged to travel to the customer.
If a confirmed appointment cannot be attended, it must be cancelled in good time. In the event of culpable non-attendance without timely cancellation, the specific and proven loss caused by the missed appointment may be claimed. The customer may demonstrate that no loss or a substantially lower loss occurred.
7. Spare parts and part quality
Depending on the selected offer, BAM Fyx² Smart Repair uses genuine spare parts or carefully selected, high-quality parts suitable for the relevant device in original-equivalent quality. The offered part quality is shown before the repair and documented in the order.
Removed old parts are disposed of properly unless their return was expressly agreed before the repair began.
8. Data backup, device code and functional testing
Before handover or shipping, the customer must make a complete data backup and, where possible, deactivate accounts, device-finding functions, activation locks and other locks that prevent the repair.
The customer permits device tests required for diagnostics, repair checks and functional testing. A device code must be enclosed on a separate note. It is not collected through the website.
BAM Fyx² Smart Repair is liable for data loss only in accordance with statutory provisions, particularly in cases of intent or gross negligence; mandatory statutory liability remains unaffected.
9. Pre-existing, liquid and consequential damage
The customer should fully disclose known pre-existing damage, drop, pressure, liquid or third-party repair damage. Liquid damage may involve corrosion and hidden consequential damage that only becomes apparent during or after the repair. Permanent restoration or the exclusion of later consequential damage therefore cannot be guaranteed.
Statutory liability rules apply to pre-existing or hidden damage and damage not caused by the repair performed.
10. Repair time and repairs that cannot be carried out
Stated processing times are generally non-binding estimates unless a binding completion date has been expressly confirmed. Supply shortages, diagnostic work or additional defects may extend the processing time.
If a repair proves technically impossible or economically unreasonable, the customer will be informed. An agreed or previously stated diagnostic service remains payable if it was properly performed.
11. Collection, reminders and storage costs
Completed devices, or devices to be returned unrepaired, must be collected promptly after notification or made available for return shipping. If there is no collection or response within two weeks, a reminder may be sent.
From the beginning of the third week, reasonable storage costs actually incurred may be charged following prior notice. Ownership does not automatically transfer to BAM Fyx² Smart Repair. Statutory rights of retention, liens and realisation remain unaffected and may be exercised only in accordance with statutory requirements.
12. Statutory rights in the event of defects
Statutory rights in the event of defects apply to the repair service. Statutory provisions and any additional manufacturer or supplier commitments also apply to spare parts used.
There is no responsibility for damage arising after the repair through improper use, dropping, pressure, moisture, third-party intervention, wear or other circumstances not caused by BAM Fyx² Smart Repair.
13. Right of cancellation and early start of performance
Consumers generally have a statutory right of cancellation for distance contracts. Details are set out in the Cancellation Policy.
If the consumer expressly requests that the repair begin before the cancellation period has expired, compensation may be payable for services provided up to a later cancellation. Once the contract has been fully performed, the right of cancellation may expire under the statutory conditions.
14. Liability
BAM Fyx² Smart Repair has unlimited liability for intent and gross negligence, injury to life, body or health and in all cases of mandatory statutory liability. In the event of a slightly negligent breach of material contractual obligations, liability is limited to the loss typically foreseeable. Liability for slight negligence is otherwise excluded to the extent permitted by law.
15. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer-protection provisions take precedence. Statutory consumer rights remain unaffected.