General terms and conditions

Only the German version is legally binding.

1. Scope

These General Terms and Conditions ("Terms") apply to all repair, diagnostic, service, advisory, shipping and on-site services provided by mobilfix streit, owner Pascal Streit, Bözingenstrasse 159, 2504 Biel, Switzerland ("mobilfix streit"), to its customers ("customer").

Deviating terms of the customer only apply if mobilfix streit has expressly agreed to them in writing.

2. Services

mobilfix streit offers in particular diagnostics, repairs, part replacements and functional tests for iPhone, iPad, MacBook, Samsung, Google Pixel and other smartphones, tablets and notebooks.

Services may be provided in the shop, as part of an on-site service or by post. The specific scope of services results from the quote, the repair order, the order confirmation or the individual agreement.

2a. Online shop: sale of devices and accessories

2a.1 Through the online shop on mobilfix.ch, mobilfix streit sells new and inspected used ("Occasion") electronic devices and accessories. The presentation of products in the shop constitutes an invitation to order, not a binding offer to sell. A binding purchase contract is concluded when mobilfix streit accepts the order by confirmation by email or by dispatching the goods.

2a.2 For individual products, delivery is made by drop shipping via our trading partner, who ships the goods directly to the delivery address specified by the customer. Availability information in the shop is a guide value and may change at short notice. If an ordered product is not available, mobilfix streit will inform the customer and refund any payments already made in full.

2a.3 Payment in the online shop is made using the payment methods offered at checkout. Online payments, including deposits and payment links from the customer portal, are processed by the payment service provider SumUp (SumUp Payments Limited, London, United Kingdom). mobilfix streit does not receive complete card details.

2a.4 Ownership of the delivered goods only passes to the customer upon full payment.

2a.5 For new devices sold in the shop, the statutory warranty of 24 months from delivery applies (Art. 210 of the Swiss Code of Obligations, CO).

For used ("Occasion") devices, the statutory warranty is excluded to the extent permitted by law. Instead, mobilfix streit grants a voluntary guarantee of 3 months from delivery for defects that already existed at the time of delivery. Excluded are batteries, normal wear and tear and damage caused by improper use, drops, moisture or interference by third parties. The exclusion of the statutory warranty and the voluntary guarantee are clearly displayed for every used product in the shop and at checkout. Section 9 of these Terms applies accordingly to used devices. The exclusion does not apply to the extent that mobilfix streit fraudulently concealed a defect.

2a.6 Consumers have a right of withdrawal under the conditions set out in the separate withdrawal information.

3. Request, appointment and conclusion of contract

A request via the website, an appointment booking or an oral enquiry does not, in principle, constitute a binding repair contract. Price information on the website, in a reply to a request or in an initial assessment is a non-binding guide price, unless it is expressly designated as a binding quote.

A binding order is concluded when mobilfix streit accepts the order, confirms a binding quote or begins the agreed diagnosis or repair.

If the diagnosis shows that the effort, the scope of the fault or the required parts differ materially from the initial assessment, mobilfix streit will inform the customer before carrying out any further chargeable work. Additional work will only be carried out with the customer's consent, unless immediate action is necessary and reasonable to prevent further damage.

Repair days at universities and other locations: mobilfix streit collects repair requests for a location (for example a university) so that repair days can be run economically. Where necessary, mobilfix streit orders the required spare parts. Once the requests for a location can be processed and the spare parts are available, mobilfix streit will inform the customer of the repair day and the price. There is no entitlement to a specific repair day or a specific waiting time. The date may in particular be postponed if spare parts are delayed or if too few requests have been received for a location. The repair is only carried out after the customer has approved the price communicated. Until that approval, the request does not give rise to any costs for the customer, subject to the diagnostic fee under section 5 if a diagnosis has been carried out. This also applies if mobilfix streit has reordered spare parts for the repair and the customer then does not approve the repair.

Quote and deposit for costly spare parts: If a repair requires costly spare parts, in particular original Apple parts such as displays, mobilfix streit may submit a quote to the customer with a deposit. The quote and the deposit are handled through the customer portal; the deposit must be paid using the payment methods offered there. The spare parts are only ordered after the deposit has been received. The deposit is credited against the repair price. If the customer withdraws before the spare parts are ordered, mobilfix streit refunds the deposit in full. If the customer withdraws after the order, mobilfix streit retains from the deposit an amount equal to the purchase cost of the ordered spare parts, to the extent they cannot be used otherwise; any amount above that is refunded.

4. Customer's duties to cooperate

The customer confirms that they are entitled to hand over the device and in particular that they are the owner or act with the owner's consent.

The customer provides mobilfix streit with the information required for diagnosis and repair correctly and completely. Before handing over the device, the customer is responsible for:

• backing up all data;
• removing personal or confidential data, as far as possible and desired;
• removing SIM cards, memory cards, accessories and cases, unless it is expressly agreed that they remain with mobilfix streit;
• deactivating activation locks, "Find My", device management, MDM locks or comparable locking functions, as far as this is required for the agreed service;
• providing any unlock code that may be required only via a secure, agreed channel and only as far as this is necessary for the service.

mobilfix streit is entitled to refuse or interrupt processing if ownership is unclear, an activation lock prevents the service, there is a reasonable suspicion that the device was obtained unlawfully or safe processing is not possible.

5. Diagnosis and diagnostic flat fee

Where a diagnosis is required, mobilfix streit examines the device for the causes of the fault, repair options and the expected effort.

If, after the diagnosis, the customer decides against a repair, refuses the repair, or if a repair is not economically or technically sensible or possible, a diagnostic flat fee of CHF 99 is payable.

The diagnostic flat fee may also be payable if the customer withdraws the device after it has been accepted for diagnosis, does not provide the necessary information or approvals, or if a repair cannot be carried out because an activation lock has not been removed, provided that mobilfix streit has performed the agreed or necessary diagnostic service.

If the repair quoted by mobilfix streit is carried out, the diagnostic flat fee is not charged additionally, unless expressly agreed otherwise.

6. Prices, payment and handover

All prices are in Swiss francs (CHF) unless expressly stated otherwise. Where required by law, value added tax is included in the stated price or is shown accordingly.

For repairs and on-site services, payment is due on collection of the device. The accepted means of payment are cash and TWINT, unless otherwise agreed in an individual case. A deposit agreed in the quote (section 3) is due in advance and is credited against the repair price. For orders in the online shop, the payment methods offered at checkout apply (see section 2a.3).

mobilfix streit is entitled to retain the device until all due claims have been paid in full. This includes in particular repair costs, spare parts, diagnostic fees, shipping costs, expenses and storage and administration fees.

7. Spare parts and performance of the repair

Depending on availability, the customer's wishes and the agreed price, mobilfix streit uses original parts as well as high-quality spare parts that may come close to the original in terms of function and quality. Unless there is an express agreement on an original part, mobilfix streit may use a suitable high-quality spare part.

With some manufacturers or device models, software notices, warning messages, restricted calibration functions, messages about "unknown parts" or other manufacturer-related functions may appear after a part has been replaced. Such notices do not constitute a defect of the repair, unless they are based on a demonstrable defect of the part used or a demonstrable installation error.

mobilfix streit endeavours to carry out repairs professionally. With devices that have prior damage, drop, pressure, moisture, corrosion or tampering damage, it may become apparent during or after the repair that further defects exist or occur. mobilfix streit is not liable for such pre-existing, hidden damage or damage not caused by the repair.

8. Data and functional test

Before handing over the device, the customer is responsible for a complete data backup. mobilfix streit gives no guarantee for the preservation, backup, restoration or recovery of data, unless this has been expressly agreed in writing as a separate service.

mobilfix streit may switch on, test and operate the device to the extent required for diagnosis, repair and functional testing. Employees and persons engaged are obliged to maintain confidentiality and to avoid unnecessary viewing of personal content.

To the extent permitted by law, mobilfix streit is not liable for data loss, data corruption, software errors, loss of settings, app data, access data or other digital content that was not caused by intentional or grossly negligent conduct of mobilfix streit.

9. Result, defects and goodwill

mobilfix streit owes the professional performance of the specifically agreed service, but not a particular overall economic or technical result for the device, unless this has been expressly assured.

No additional repair warranty beyond mandatory statutory claims is granted. Mandatory statutory claims of the customer remain unaffected.

Complaints relating to a specific repair must be notified to mobilfix streit in writing by email to info@mobilfix.ch without delay after discovery, but no later than 7 calendar days after collection or delivery. The customer must make the device available for inspection. This notification period does not apply where mandatory law precludes it.

If a battery installed by mobilfix streit shows a demonstrable material, functional or installation defect within a short time after the repair, mobilfix streit will examine the complaint as a gesture of goodwill. If a part or installation defect is confirmed, the battery is generally replaced free of charge. There is no free replacement in particular in the case of normal loss of capacity, intensive use, software problems, unsuitable charging accessories, moisture, drops, pressure, overvoltage, third-party interventions or damage caused by third parties.

Display repairs carry an increased risk due to possible prior and consequential damage. mobilfix streit is only liable for a demonstrable defect of the spare part used or a demonstrable installation error. Not covered are in particular pre-existing or later damage caused by drops, pressure, twisting, housing distortion, moisture, corrosion, hidden prior damage, touch or display problems outside the repaired component and other defects not caused by mobilfix streit.

10. Liability

mobilfix streit is only liable for damage in the event of intentional or grossly negligent breach of duty. Liability for slight negligence is excluded to the extent permitted by law.

Mandatory statutory liability provisions remain reserved. In particular, claims that may not be excluded or limited under mandatory law remain unaffected.

To the extent permitted by law, mobilfix streit is not liable for indirect damage, consequential damage, loss of profit, loss of use, data loss, costs of replacement devices, lost business data or third-party claims. This does not apply in the case of intentional or grossly negligent conduct of mobilfix streit.

With devices damaged by liquid, moisture, corrosion, drops, pressure, tampering or otherwise significantly pre-damaged, a repair attempt may lead to further failures or render the device irreparable. mobilfix streit will inform the customer as far as this is recognisable in advance. To the extent permitted by law, mobilfix streit accepts no liability for such consequential damage that is already latent or not caused by the repair.

11. Shipping and on-site service

When shipping, the customer must package the device securely for transport. The customer is responsible for correct sender and recipient addresses. Shipping costs, insurance and shipping method are governed by the individual agreement.

The risk of loss or damage in transit is governed by the statutory provisions and the specifically agreed shipping method. mobilfix streit recommends traceable and adequately insured shipping.

For on-site services, the customer ensures a safe, suitable and undisturbed workplace. mobilfix streit may refuse, abort or postpone an on-site appointment if it cannot be carried out safely, reasonably or professionally.

12. Collection, storage and uncollected devices

The customer is obliged to collect the device within 30 calendar days of notification that it is ready for collection and to pay all amounts due upon collection.

After the free storage period has expired, mobilfix streit charges a storage and administration fee of CHF 5 per calendar day from the 31st calendar day. The storage and administration fee is limited to a maximum of CHF 250 per order or device.

Where possible, mobilfix streit informs the customer that the device is ready for collection. After 45 calendar days, a first written reminder is generally sent. After 75 calendar days, a final written request with a reasonable collection period is sent.

The device is only handed over after full payment of all outstanding claims. Where the statutory requirements are met, mobilfix streit remains entitled to assert a right of retention over the device.

After the last collection period has expired without result, mobilfix streit may initiate the legally provided steps to enforce outstanding claims. The device is not realised, appropriated or disposed of arbitrarily, but exclusively within the framework of legally permissible procedures.

13. Data protection

The processing of personal data is governed by the privacy policy of mobilfix streit in force at the time. It is available on the website.

14. Changes to the Terms

mobilfix streit may amend these Terms at any time with effect for future orders. The version valid at the time the order is placed or accepted is authoritative.

15. Applicable law and place of jurisdiction

These Terms and all legal relationships between mobilfix streit and the customer are governed by Swiss law.

To the extent permitted by law, the place of jurisdiction is Bern, Switzerland. Mandatory statutory places of jurisdiction, in particular for the protection of consumers, remain reserved.

16. Severability clause

Should any provision of these Terms be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose.

17. Language

These Terms are available in several languages. The German version is authoritative. Translations are provided for convenience.