General Terms and Conditions for Business Customers

Version 2026-08-31

Provider

1. Scope and business-customer status

These General Terms and Conditions apply to purchase agreements concluded through www.mmsmobile.de between the Provider and the Customer.

The offer is directed exclusively to entrepreneurs acting in the exercise of their commercial or self-employed professional activity, legal persons under public law, and special funds under public law. Consumers may not place orders.

The Customer confirms its business status when registering and ordering. The Provider may request suitable current evidence and may refuse or suspend access until verification is complete.

Conflicting or supplementary terms of the Customer apply only if the Provider expressly agrees to them in text form. Individual agreements always take precedence.

2. Registration and customer account

The Customer must provide complete and accurate company, contact, tax, and address information and keep it current. Persons using the account must be authorised to act for the Customer.

Access credentials must be protected from unauthorised use. The Customer must notify the Provider without undue delay if misuse is suspected. Approval of an account does not oblige the Provider to accept an individual order.

3. Ordering process and conclusion of contract

Product presentations in the webshop are invitations to submit an offer and are not binding offers by the Provider.

The Customer selects products, reviews the cart, enters or checks delivery and billing information, corrects input errors, selects an available payment method, accepts the current GTC, and submits a binding order using the final order button.

An automatic acknowledgement confirms receipt of the order but does not itself constitute acceptance. A contract is concluded when the Provider sends an express order confirmation or dispatches the goods, whichever occurs first.

If the Provider does not accept the offer within five business days, the Customer is no longer bound by it. Payments already received for an unaccepted order will be refunded without undue delay.

The order data and the accepted GTC version are stored with the order. Before submitting the order, the Customer can download and save the GTC and can correct entries using the cart and checkout controls.

The available contract languages are German, English, and Spanish. The German version is solely authoritative. The Provider is not subject to any special code of conduct unless expressly stated.

4. Products and specifications

Unless a product page expressly states otherwise, the goods are new. Product descriptions, compatibility information, illustrations, dimensions, and technical data describe the agreed characteristics but do not constitute a separate guarantee.

The Customer is responsible for checking suitability and compatibility for its intended commercial use. Product-specific information and an individual written agreement take precedence over these general provisions.

5. Prices, VAT, and shipping costs

All displayed prices are net prices unless expressly stated otherwise. Statutory VAT and shipping costs are added and shown before the order is submitted.

A VAT-exempt intra-Community supply is made only if all statutory requirements are met, including a valid VAT identification number and the required evidence. The Customer is responsible for accurate tax and destination information and must reimburse taxes caused by incorrect information where legally permissible.

6. Payment

The available payment methods and any payment deadline are shown during checkout or in the order confirmation or invoice. The Customer bears bank charges imposed by its own payment service provider.

In the event of default, the statutory B2B default interest and the statutory lump sum apply, without prejudice to further proven damage.

The Customer may set off claims only if they are undisputed, finally adjudicated, or arise from the same contractual relationship. A right of retention may be exercised only for claims arising from the same contractual relationship.

7. Delivery area and delivery times

Delivery is available only to destinations in Germany and other European Union member states that can be selected during checkout.

For goods shown as available, the product or checkout page currently generally indicates an estimated delivery time of two to three business days for standard delivery. Destination-specific information shown during checkout or in the order confirmation takes precedence.

Delivery times are estimates unless a fixed date is expressly agreed. They begin only after contract conclusion and, where advance payment or information is required, after receipt of payment and all information needed for dispatch.

Reasonable partial deliveries are permitted if usable by the Customer and do not cause unreasonable additional cost. Events beyond the Provider's reasonable control extend delivery periods for the duration of the disruption; statutory rights after a reasonable grace period remain unaffected.

8. Shipment and transfer of risk

For a sale involving shipment, the risk of accidental loss or deterioration passes to the Customer when the goods are handed to the carrier, freight forwarder, or other person designated to carry out shipment, in accordance with section 447 BGB.

The Customer must provide a deliverable address and cooperate with delivery. Additional costs caused by an incorrect address, unjustified refusal, or failed delivery for which the Customer is responsible may be charged to the Customer.

9. Retention of title

The goods remain the Provider's property until all claims arising from the current business relationship have been paid in full.

The Customer must handle reserved goods with care and notify the Provider immediately of seizure, damage, or third-party access. Resale in the ordinary course of business is permitted; the Customer assigns to the Provider, as security, the receivables arising from resale up to the amount of the secured claims. The Provider authorises collection until revocation for good cause.

Processing or combining reserved goods is carried out for the Provider without creating an obligation for the Provider. The Provider acquires co-ownership in proportion to the value of the reserved goods. The Provider will release securities at its discretion where their realisable value exceeds the secured claims by more than ten percent.

10. Inspection and notice of defects

If the purchase is a commercial transaction for both parties, the Customer must inspect the goods and notify defects without undue delay in accordance with section 377 HGB. The statutory consequences apply if notice is omitted.

Transport damage should be documented on delivery and reported promptly. This does not shorten mandatory rights where section 377 HGB does not apply.

11. Defect rights for new goods

The limitation period for defect claims relating to new goods is twelve months from delivery.

The reduction does not apply to claims based on injury to life, body, or health, intentional or grossly negligent conduct, fraudulent concealment, an expressly assumed guarantee, mandatory product liability, statutory supplier recourse, or another mandatory longer limitation period.

The Provider must be given a reasonable opportunity for subsequent performance. Defect rights do not cover damage caused after transfer of risk by improper storage, installation, handling, modification, use contrary to instructions, or incompatible components for which the Provider is not responsible.

Section 11a applies to service pack items and to used pulled parts.

11a. Agreed condition, service packs, and used parts

The agreed condition of the goods follows from the product description and from the product category shown on the product page. The category applicable to an item is stated there before the order is submitted.

Service pack items are original manufacturer parts supplied in the manufacturer's service packaging, without end-user retail packaging and without a manufacturer end-user warranty. That is the agreed condition; the absence of retail packaging or of a manufacturer warranty is not a defect.

Pulled parts are used components removed from devices. Signs of use, minor deviations in colour, brightness, or surface finish, and age-related wear are part of the agreed condition and are not defects. For these used goods the limitation period for defect claims is three months from delivery.

The exceptions listed in section 11 apply to this section as well.

12. Liability

The Provider is liable without limitation for intent and gross negligence, injury to life, body, or health, fraudulent concealment, expressly assumed guarantees, and mandatory liability under the Product Liability Act.

For slight negligence, the Provider is liable only for breach of an essential contractual obligation whose performance makes proper execution of the contract possible and on whose performance the Customer may regularly rely. In that case liability is limited to the foreseeable damage typical for the contract.

Liability is otherwise excluded to the extent permitted by law. These limitations also apply to the Provider's legal representatives, employees, and agents.

13. No consumer withdrawal right and returns

Because contracts are concluded exclusively with business customers, no statutory consumer withdrawal right is granted.

Goods ordered in error may be returned within 30 days of the purchase date, provided the item is still distributed by the Provider. After that period a return is excluded. The goods must be unused and in flawless condition, and the outer packaging must be undamaged and free of any writing, price marks, labels, or other markings.

Every return requires a return declaration submitted through the customer account and authorised by the Provider in text form (RMA). Returns sent without that authorisation are refused and sent back at the Customer's expense. Warranty seals and labels on the goods must not be removed or damaged.

For returns that are not based on a defect the Customer bears the risk and the shipping cost, and the Provider charges a processing fee of at least EUR 20.00 net. Processing costs actually incurred beyond that amount may be invoiced.

The return of goods ordered in error under this section is excluded for service pack items and for used pulled parts, because those goods cannot be returned to stock in a resalable condition.

Statutory defect rights under sections 11 and 11a remain unaffected. A return under this section is not a defect claim.

14. Data protection and confidentiality

Information about the processing of personal data is provided in the Privacy Policy. Acceptance of these GTC is not consent to optional marketing.

Each party must keep non-public commercial and technical information received from the other party confidential, unless disclosure is required for contract performance or by law.

15. Export control and lawful resale

The Customer must comply with applicable export-control, sanctions, product-safety, and resale laws. Goods may not be supplied, exported, or re-exported to prohibited persons, territories, or uses.

16. Governing law and jurisdiction

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

If the Customer is a merchant, a legal person under public law, or a special fund under public law, the courts at the Provider's registered office have exclusive jurisdiction. The Provider may also sue at the Customer's registered office.

17. Final provisions

Individual agreements take precedence. Amendments and notices should be made in text form unless a stricter statutory form is required.

If a provision is wholly or partly invalid or not incorporated, the remaining contract remains effective and the statutory provision applies in place of the affected provision.