ZEN Mobile is an e-commerce store operated by mobile emotion GmbH, Gewerbepark Allgäuerland, Ahegg 22, 88239 Wangen im Allgäu, Germany (hereinafter referred to as “ZEN Mobile”, “we”, “us”, “our”, or the “Seller”).

Company details:

mobile emotion GmbH
Gewerbepark Allgäuerland
Ahegg 22
88239 Wangen im Allgäu
Germany

Registered with: District Court Ulm (Amtsgericht Ulm)
Commercial Register Number: HRB 732857
EUID: DEB8537.HRB732857
VAT ID: DE304675694

Website: https://zenmobile.eu/
Email: info@zenmobile.eu

ZEN Mobile operates the website zenmobile.eu and offers new mobile phones, electronic devices, accessories and other products displayed on the Site for sale to customers worldwide.

These Terms and Conditions regulate the legal relationship between ZEN Mobile and the buyer in connection with access to the Site, placement of orders and purchase of products.

ZEN Mobile reserves the right to change or modify these Terms and Conditions from time to time by publishing an updated version on the Site. Changes shall apply prospectively from the date on which they are published and shall not alter the terms applicable to orders already concluded unless required by applicable law.

I APPLICATION OF TERMS AND CONDITIONS

Your access to and use of zenmobile.eu, including browsing the Site, creating an account, placing an order or otherwise purchasing products through the Site, are governed by these Terms and Conditions, our Privacy Policy and any other policies or conditions made available on the Site.

By accessing the Site or placing an order, you acknowledge that you have read and understood these Terms and Conditions.

If a translation of the English-language version of these Terms and Conditions is provided, such translation is provided for convenience only. To the extent permitted by applicable law, the English-language version shall prevail in the event of inconsistency.

By using the Site or placing an order, you represent that you have the legal capacity necessary to enter into a binding contract. Where applicable, persons lacking full legal capacity may use the Site only with the consent of their parent, guardian or other legal representative.

All billing, shipping, payment, contact and registration information supplied to ZEN Mobile must be truthful, complete, accurate and current.

The customer is responsible for any consequences resulting from deliberately false, fraudulent or materially inaccurate information supplied in connection with an order.

All materials forming part of the Site, including text, photographs, product presentations, graphics, logos, icons, designs, software, page layouts, databases and other content (“Content”), are protected by applicable intellectual property laws.

Unless expressly authorised by ZEN Mobile, the Content may only be used for personal and non-commercial purposes connected with browsing or purchasing products from the Site.

No Content may be reproduced, distributed, republished, commercially exploited, scraped, copied, modified, transmitted or incorporated into another website, database, service or commercial product without prior authorisation from ZEN Mobile or the relevant rights holder.

ZEN Mobile may temporarily suspend, restrict or discontinue all or part of the Site for maintenance, security, technical, commercial or operational reasons.

Continuous or uninterrupted availability of the Site is not guaranteed.

While accessing or using the Site, you must not:

provide false, misleading, fraudulent or inaccurate information;
violate applicable laws, regulations or third-party rights;
infringe copyrights, trademarks or other intellectual property rights;
attempt to obtain products without valid payment;
manipulate or interfere with the billing or payment process;
perform or attempt fraudulent transactions;
interfere with reviews, ratings or other Site functionality;
distribute spam, malware, malicious code, viruses or other harmful technologies;
attempt unauthorised access to the Site, accounts, servers, systems or databases;
use automated systems, bots, spiders, scrapers or similar tools to systematically obtain information from the Site without authorisation;
interfere with the normal operation or security of the Site;
impersonate another individual or legal entity;
use payment instruments without proper authority;
use the Site in a manner that may cause loss, liability, reputational damage or security risk to ZEN Mobile.

ZEN Mobile reserves the right to restrict, suspend or deny access to the Site where reasonably necessary to prevent fraud, abuse, security incidents, legal violations or breaches of these Terms and Conditions.

II ACCOUNTS, PASSWORDS AND SECURITY

ZEN Mobile may permit or require customers to create an account for certain Site functions or purchases.

You are responsible for maintaining the confidentiality and security of your account credentials, passwords and authentication information.

You are responsible for activities performed through your account where such activities result from your failure to reasonably protect your login credentials.

You must notify ZEN Mobile without undue delay at info@zenmobile.eu if you become aware of unauthorised use of your account, compromised credentials or any other security incident relating to your account.

You may not use another person’s account, identity, payment details or credentials without that person’s lawful authorisation.

ZEN Mobile shall not be responsible for losses resulting solely from the customer’s failure to protect account credentials, except where liability cannot lawfully be excluded.

Each customer agrees to maintain accurate and current information associated with their account and orders.

ZEN Mobile may request that inaccurate or outdated information be corrected before processing an order.

III SALES CONTRACT BETWEEN THE SELLER AND THE BUYER

The seller of products offered through ZEN Mobile is mobile emotion GmbH, unless expressly stated otherwise on the relevant product page or before the customer places an order.

All products offered by ZEN Mobile are sold as new products, unless a product is expressly and clearly identified otherwise before purchase.

A customer’s submission of an order constitutes an offer to purchase the selected products.

An automatically generated order confirmation or acknowledgement confirms only that ZEN Mobile has received the order. It does not necessarily constitute final acceptance of the customer’s offer.

A binding sales contract is concluded when ZEN Mobile expressly accepts the order or dispatches the ordered product, whichever occurs first.

ZEN Mobile reserves the right, before acceptance of an order, to reject or cancel an order for legitimate reasons including but not limited to:

product unavailability;
supplier or distribution partner unavailability;
an obvious pricing error;
an incorrect product description or technical error;
payment failure;
payment reversal;
suspected fraud;
failed security or identity verification;
sanctions or export restrictions;
legal or regulatory restrictions;
delivery restrictions;
incorrect customer information;
unusual purchasing activity;
quantity limitations;
suspected resale abuse;
technical errors affecting the order.

Where payment has already been collected for an order that ZEN Mobile does not accept, the amount collected shall be refunded using the original payment method, subject to applicable law.

ZEN Mobile shall comply with mandatory consumer protection rights applicable to the transaction.

Nothing in these Terms and Conditions excludes rights that cannot legally be excluded or limited.

Products displayed on the Site may be available either from ZEN Mobile’s own inventory or through authorised supply, distribution and procurement partners.

Accordingly, a product displayed as available may in certain circumstances require procurement or transfer from a partner before dispatch from Germany.

ZEN Mobile makes reasonable efforts to maintain accurate availability information. However, inventory may change rapidly and occasional discrepancies between displayed availability and actual availability may occur.

In the event that an incorrect price is displayed due to a technical, typographical, data-feed or other error, ZEN Mobile may correct the error.

Where the error is obvious and the order has not yet been accepted, ZEN Mobile may cancel the affected order and refund any payment already collected.

Where applicable law provides otherwise, mandatory statutory rules shall prevail.

IV PAYMENT COLLECTION AND INVOICING

Payments for purchases made through the Site are collected by ZEN Mobile directly or through authorised payment service providers acting on behalf of ZEN Mobile.

The payment methods currently supported by ZEN Mobile are:

Visa
Mastercard

The availability of individual payment methods may depend on the customer’s country, currency, transaction amount, payment provider, security assessment or other technical factors.

ZEN Mobile currently supports transactions in:

EUR
USD
GBP

The currency applicable to an order will be displayed before the customer confirms payment.

Prices displayed on the Site are inclusive of applicable VAT where VAT applies to the transaction.

For international orders, taxes, import duties, customs duties, brokerage costs or similar charges imposed by authorities in the destination country may arise depending on the destination and applicable law.

Unless expressly stated at checkout as included in the purchase price, such destination-country governmental charges remain governed by the applicable customs and tax rules of the destination jurisdiction.

Currency conversion charges, foreign transaction fees or other charges imposed independently by the customer’s bank, card issuer or payment provider are not charged by ZEN Mobile and are outside ZEN Mobile’s control.

ZEN Mobile may issue invoices electronically.

The customer is responsible for providing correct invoice and billing information.

For fraud prevention and payment security purposes, ZEN Mobile may request additional information or documentation reasonably necessary to verify:

the customer’s identity;
the billing address;
the delivery address;
ownership or authorised use of the payment method;
the legitimacy of the transaction.

Until requested verification has been completed, ZEN Mobile may suspend order processing and dispatch.

If requested verification is not provided within a reasonable period specified by ZEN Mobile, ZEN Mobile may cancel the order and refund any amount collected, subject to applicable law.

V PURCHASING ON THE SITE

Ordering a product through the Site generally involves the following process:

The customer selects a product and submits an order through the Site.
The customer provides the information necessary for payment and delivery.
ZEN Mobile or its authorised payment provider attempts to authorise or collect payment.
ZEN Mobile sends an electronic acknowledgement confirming receipt of the order.
The order may be subject to automated or manual fraud-prevention, payment-security and verification procedures.
Product availability may be confirmed either from ZEN Mobile’s inventory or through its supply and distribution partners.
Once the order has been accepted and prepared, the product is dispatched from Germany.

ZEN Mobile reserves the right to reject, suspend or cancel orders reasonably identified as potentially fraudulent or otherwise presenting a significant payment or security risk.

ZEN Mobile is not required to disclose confidential fraud-detection criteria, security procedures, payment risk models or internal risk indicators where disclosure could compromise the effectiveness or security of such systems.

ZEN Mobile may impose reasonable quantity restrictions per customer, account, household, billing address, shipping address, payment instrument or product.

Where a product ordered becomes unavailable before the order is accepted, ZEN Mobile may offer the customer the possibility to wait for availability, select another product or receive a refund.

VI FINANCIAL CONDITIONS

By submitting an order, the customer agrees to pay the price displayed at checkout together with any clearly disclosed additional charges applicable to the transaction.

If an ordered product becomes unavailable before ZEN Mobile can provide it, ZEN Mobile may cancel the affected product or order and refund the corresponding amount.

Additional conditions relating to a specific product, promotion or transaction may be displayed before the customer confirms the order. Such additional conditions form part of the transaction to the extent they do not conflict with mandatory law.

ZEN Mobile may request additional identification or payment verification as described in these Terms and Conditions.

ZEN Mobile’s standard payment methods are Visa and Mastercard.

Payment method availability may vary depending on the transaction, customer’s location, currency, amount or security requirements.

Payment card transactions may be subject to authorisation, authentication procedures, 3D Secure or other security measures implemented by the relevant banks or payment service providers.

ZEN Mobile does not guarantee that a customer’s card issuer will authorise a payment.

Orders are processed after successful payment authorisation and any required security checks.

The standard estimated delivery timeframe is generally up to approximately 14 days after order acceptance and successful payment, unless another estimate is displayed in connection with a particular product or order.

The 14-day period is an estimate and not a guaranteed delivery date unless ZEN Mobile expressly confirms a binding delivery date.

Certain products may require additional processing time where the product must first be obtained, allocated or transferred from one of ZEN Mobile’s supply or distribution partners.

ZEN Mobile will use reasonable efforts to keep the customer informed where a material delay becomes known.

VII LIST OF AVAILABLE PRODUCTS

Products presented for sale through ZEN Mobile are new products, unless expressly indicated otherwise.

ZEN Mobile makes reasonable efforts to ensure that information concerning product availability is current.

Inventory information may nevertheless change between the time a product page is viewed, an order is placed and the order is processed.

Products may be:

physically available in ZEN Mobile’s inventory; or
available through one of ZEN Mobile’s supply or distribution partners.

Where a product must be sourced from a supply partner, additional preparation or procurement time may apply before dispatch.

ZEN Mobile makes reasonable efforts to ensure that product descriptions, specifications, photographs, colours, capacities and other information displayed on the Site are accurate.

Minor differences may occur as a result of manufacturer changes, display settings, packaging updates, regional variations or errors in third-party product information.

Where a material error affecting an ordered product is identified, ZEN Mobile will take reasonable steps to correct the information and, where appropriate, contact the affected customer.

ZEN Mobile reserves the right to discontinue products, change availability, restrict quantities or refuse the sale of products where required for legal, regulatory, security, stock-management or commercial reasons.

VIII SHIPPING – DELIVERY – DELIVERY EXPENSES

ZEN Mobile offers free standard shipping worldwide for products purchased through the Site.

ZEN Mobile works with multiple professional shipping and logistics partners and may select the carrier or delivery network considered appropriate for the destination, product, value, shipment requirements and availability.

Products are dispatched from Germany.

Some products may require procurement or transfer from a supply or distribution partner before they become available for dispatch.

ZEN Mobile accepts delivery to PO Boxes, provided that delivery to the relevant PO Box is supported by the applicable postal or logistics network and is legally and operationally possible for the particular shipment.

The customer is responsible for providing a complete and accurate delivery address.

ZEN Mobile may contact the customer where additional address information is required.

ZEN Mobile may request proof or confirmation of the delivery address where reasonably required for security or fraud-prevention purposes.

The estimated standard delivery timeframe is generally up to approximately 14 days, unless otherwise indicated.

All delivery dates and timeframes are estimates unless expressly confirmed as binding.

Delivery times may be affected by circumstances outside ZEN Mobile’s reasonable control, including:

customs procedures;
border controls;
carrier delays;
adverse weather;
transport disruption;
public holidays;
strikes;
security incidents;
incorrect or incomplete addresses;
failed delivery attempts;
destination-country restrictions;
force majeure;
delays at supply or distribution partners.

Orders are generally processed on business days.

Upon receiving a shipment, the customer should inspect the exterior condition of the package and verify, as soon as reasonably possible, that the delivered product corresponds with the order.

Where the package appears visibly damaged on delivery, the customer should, where reasonably possible, record the damage with the carrier or delivery person.

In cases involving visible transport damage, missing contents or an apparently incomplete shipment, the customer should contact ZEN Mobile at info@zenmobile.eu as soon as possible and preferably within 48 hours after delivery.

The customer may be asked to provide photographs of:

the external package;
shipping label;
internal packaging;
damaged product;
contents received.

Failure to report visible shipping damage within 48 hours does not remove any mandatory statutory consumer rights, but prompt notification may be necessary to enable ZEN Mobile to effectively investigate the matter with the carrier.

Risk of loss or damage passes to the customer in accordance with applicable law.

For consumer transactions where ZEN Mobile arranges the shipment, risk generally remains with ZEN Mobile until the customer or a third party designated by the customer, other than the carrier, obtains physical possession of the goods.

If the customer independently appoints a carrier that was not offered by ZEN Mobile, risk may pass at an earlier point where provided by applicable law.

ZEN Mobile is not responsible for delays resulting from incorrect, incomplete or inaccessible delivery information provided by the customer.

If a shipment is not delivered within the expected timeframe, ZEN Mobile may initiate an investigation with the relevant logistics provider.

During such an investigation, the customer agrees to reasonably cooperate with requests for information necessary to locate or verify delivery of the shipment.

Where a shipment is confirmed as lost, ZEN Mobile will provide the remedy required by applicable law.

IX SELLER’S GUARANTEES

ZEN Mobile guarantees that products sold through the Site will be supplied in accordance with applicable mandatory law.

ZEN Mobile represents that it is authorised to offer the products sold through the Site.

ZEN Mobile will provide customers with material product information reasonably required before purchase.

All products are sold as new unless expressly stated otherwise.

The customer’s statutory rights concerning defective or non-conforming goods remain unaffected by any additional manufacturer warranty or commercial guarantee.

Where ZEN Mobile discovers a material error or inaccuracy concerning a product listing, price or specification, ZEN Mobile may correct such information without undue delay.

If the error affects an existing order, ZEN Mobile may contact the affected customer and take the steps provided for in these Terms and Conditions and applicable law.

ZEN Mobile determines the selling prices of products offered through the Site and may change prices at any time before a sales contract has been concluded.

Price changes do not retroactively alter a sales contract already concluded.

X RECLAMATION POLICY

To make a complaint concerning a defective, damaged, incorrect or incomplete product, the customer should contact ZEN Mobile in writing at:

info@zenmobile.eu

The customer should include:

order number;
customer name;
description of the problem;
product involved;
photographs or video where relevant;
any other information reasonably requested by ZEN Mobile for evaluation of the claim.

Customers should obtain return instructions before sending products to ZEN Mobile or a designated service location.

Products returned without appropriate identification or return instructions may experience processing delays.

Nothing in this Reclamation Policy limits mandatory statutory rights.

DOA Reclamation

A product may be treated as Dead on Arrival (DOA) where a hardware failure preventing basic operation is present when the product is first unpacked and used.

Customers who believe a product is DOA should contact ZEN Mobile as soon as possible, preferably within 24 hours of delivery and no later than 3 days where reasonably possible.

ZEN Mobile may request information, photographs, video, diagnostic information or reasonable troubleshooting steps before authorising a return.

Where a product is confirmed as DOA, ZEN Mobile may, subject to the customer’s applicable statutory rights, arrange:

replacement of the product;
repair where appropriate; or
refund.

Where ZEN Mobile confirms that a return is necessary due to a valid DOA claim, reasonable standard return transportation costs will be handled in accordance with applicable law and the return instructions issued by ZEN Mobile.

The expedited DOA procedure does not limit statutory rights relating to defects discovered after the DOA reporting period.

Quality of Product Reclamation

Where the customer discovers a quality or hardware issue, including problems with the display, buttons, ports, connectivity, charging or other product functions, the customer should contact ZEN Mobile without undue delay.

For defects discovered within the first 14 days following delivery, ZEN Mobile may process the matter through an expedited reclamation procedure.

The customer must take reasonable care of the product while a complaint is being evaluated.

ZEN Mobile may request that the product be returned for inspection, diagnosis or servicing.

After inspection and depending on the circumstances and applicable statutory rights, the available remedy may include:

repair;
replacement;
price reduction;
refund.

Delivered Product Reclamation

If ZEN Mobile delivers a materially different product from the product ordered, the customer should contact ZEN Mobile as soon as possible and preferably within 3 calendar days following delivery.

Where the discrepancy is obvious before opening the manufacturer’s packaging, the customer should avoid unnecessarily opening or using the incorrect product.

After confirming that the wrong product was supplied, ZEN Mobile may arrange replacement with the correct product or another remedy required by applicable law.

Where ZEN Mobile confirms that the error originated from ZEN Mobile, reasonable return shipping costs will be borne by ZEN Mobile as required by applicable law.

XI RETURN POLICY

Consumers who have a statutory right of withdrawal for distance contracts may withdraw from the purchase within 14 days without providing a reason.

For purchases of goods, the withdrawal period generally begins when the customer, or a third party designated by the customer who is not the carrier, receives the goods, subject to applicable law.

To exercise the right of withdrawal, the customer must communicate a clear decision to withdraw from the contract.

Withdrawal requests may be sent to:

info@zenmobile.eu

After exercising the right of withdrawal, the customer must return the product within the applicable statutory period and in accordance with the return instructions provided by ZEN Mobile.

Unless ZEN Mobile has agreed otherwise or applicable law requires ZEN Mobile to bear such costs, the customer is responsible for the direct cost of returning products following a change-of-mind withdrawal.

Products should be securely packaged for return.

The customer should return, where applicable:

the product;
original accessories;
cables;
chargers;
manuals;
documentation;
included accessories;
original product packaging.

The customer is permitted to inspect and handle a product to the extent reasonably necessary to establish its nature, characteristics and functioning.

Where a product has been handled beyond what is reasonably necessary for such inspection and its value has consequently been reduced, ZEN Mobile reserves the right to deduct the legally permissible amount corresponding to that reduction in value.

Products should not be intentionally damaged, modified or materially altered before return.

Where relevant to electronic devices, customers should remove:

personal information;
SIM cards;
eSIM profiles where possible;
memory cards;
Apple ID or iCloud locks;
Google account locks;
Samsung or other manufacturer account locks;
screen locks;
PIN codes;
passwords.

“Find My” or comparable anti-theft functions should be disabled before returning a device.

The customer should create an appropriate backup before returning any device containing data.

ZEN Mobile is not responsible for loss of customer data during inspection, reset, repair or processing of returned products, except where such liability cannot legally be excluded.

Refunds following a valid consumer withdrawal shall be made in accordance with applicable law.

Refunds will normally be made using the same payment method used for the original transaction unless another method is expressly agreed and does not result in additional costs to the consumer.

ZEN Mobile may withhold reimbursement until the returned goods have been received or until the customer provides proof of having sent the goods back, where permitted by applicable law.

Where the customer purchased several products in a single order and returns only some of them, only amounts attributable to the returned products and any other amount required by applicable law will be refunded.

Any statutory exceptions to the right of withdrawal remain applicable.

XII WARRANTY

Products sold through ZEN Mobile may benefit from statutory defect rights and, where applicable, additional manufacturer warranties.

STATUTORY WARRANTY / LEGAL DEFECT RIGHTS

For new goods sold to consumers, ZEN Mobile provides the statutory rights relating to defective or non-conforming goods required under applicable law.

For consumer purchases governed by German law, statutory defect rights generally apply for a period of two years from delivery of new goods, subject to applicable statutory provisions.

These statutory rights exist independently of any voluntary manufacturer warranty.

MANUFACTURER WARRANTY

Certain products may additionally include a manufacturer’s commercial warranty.

The existence, geographical scope, duration and conditions of a manufacturer warranty depend on the relevant manufacturer and product.

Where a manufacturer warranty applies, customers may in certain cases obtain service directly from an authorised manufacturer service centre.

A manufacturer’s refusal to provide service under a separate commercial warranty does not by itself remove statutory rights that the customer may have against ZEN Mobile as seller.

WARRANTY DOES NOT COVER DAMAGE CAUSED BY THE CUSTOMER

To the extent consistent with mandatory statutory rights, warranties and defect remedies do not cover problems caused after delivery by circumstances unrelated to a defect existing at the legally relevant time, including:

accidental damage;
misuse or improper use;
failure to follow manufacturer instructions;
improper storage;
unauthorised repair or modification;
non-professional assembly;
rooting, jailbreaking or unauthorised software modification where this caused the defect;
external physical damage;
crushing, bending, impact or drops;
fire or extreme temperatures;
corrosion;
water or liquid damage not covered by the manufacturer’s specifications;
use beyond specified water-resistance limits;
exposure to salt water or chlorinated water beyond manufacturer specifications;
electrical damage caused by incompatible or defective third-party equipment;
use of unsuitable accessories where such use caused the damage;
force majeure or external events;
ordinary cosmetic wear;
normal battery degradation resulting from ordinary use.

Nothing in this list excludes liability for a defect that must legally be treated as a defect for which ZEN Mobile is responsible.

Where a warranty or defect claim is rejected after inspection because the problem is determined to have been caused by non-covered damage, ZEN Mobile may offer a paid repair where available.

No paid repair will be undertaken without the customer’s agreement.

The customer may be responsible for reasonable diagnostic, administrative or transportation costs where permitted by law and clearly communicated in advance.

For warranty claims, customers must contact:

info@zenmobile.eu

Customers should provide a written description of the defect together with the relevant order information.

ZEN Mobile may require additional information before processing the warranty claim.

Where a device contains passwords, security codes, account locks or anti-theft protections, the customer must remove them or provide the access required for authorised diagnosis or service where appropriate.

Failure to remove an account or security lock may delay the warranty process.

Customers are responsible for backing up all important information before sending a product for inspection or repair.

Inspection, repair or replacement may require a factory reset and may erase information stored on the device.

Except where liability cannot legally be excluded, ZEN Mobile shall not be responsible for customer data lost as a consequence of ordinary diagnosis, repair, replacement or factory resetting of a device submitted for service.

XIII LIMITATION OF LIABILITY

ZEN Mobile is responsible for performing its obligations arising from sales contracts concluded through the Site in accordance with applicable law.

Nothing in these Terms and Conditions excludes or limits liability where exclusion or limitation is prohibited by law.

In particular, nothing in these Terms excludes liability for:

intentional misconduct;
gross negligence where liability cannot be excluded;
death, personal injury or damage to health caused by culpable conduct;
mandatory product liability;
fraud or fraudulent concealment;
guarantees expressly given by ZEN Mobile where liability arises under such guarantee;
mandatory consumer rights.

In cases of ordinary negligence involving a breach of an essential contractual obligation, liability may, to the extent permitted by law, be limited to damage that was reasonably foreseeable and typical for the type of contract concerned.

ZEN Mobile shall not be responsible for indirect or consequential losses where liability for such losses may lawfully be excluded.

In transactions with businesses, and to the fullest extent permitted by applicable law, ZEN Mobile shall not be liable for:

loss of profit;
loss of revenue;
loss of anticipated savings;
business interruption;
loss of opportunity;
indirect commercial losses.

ZEN Mobile is not responsible for delays or failure caused by events outside its reasonable control, including natural disasters, war, terrorism, civil disturbance, government restrictions, sanctions, epidemics, pandemics, major transport disruption, customs disruption, industrial disputes, widespread network outages or comparable force majeure events.

ZEN Mobile cannot guarantee permanent or uninterrupted availability of the Site.

Temporary Site errors, maintenance, technical failures or interruptions shall not in themselves create a right to compensation unless required by applicable law.

ZEN Mobile relies on information supplied by manufacturers and other legitimate commercial sources when presenting technical product information.

ZEN Mobile will use reasonable care in presenting such information but may correct errors or update specifications where necessary.

The customer is responsible for verifying that a product meets any special technical, network, carrier, software or compatibility requirement that has not been expressly guaranteed by ZEN Mobile.

XIV INDEMNITY

To the extent permitted by applicable law, users agree to compensate ZEN Mobile for losses, liabilities, claims and reasonable costs arising directly from the user’s intentional or culpable:

violation of these Terms and Conditions;
unlawful use of the Site;
infringement of third-party intellectual property rights;
fraudulent activity;
unauthorised use of another person’s identity or payment method;
interference with ZEN Mobile’s systems or services.

This provision shall not impose liability on consumers beyond liability that may lawfully arise under applicable law.

For business customers, indemnification may include reasonable legal costs incurred by ZEN Mobile in defending third-party claims arising from the business customer’s unlawful or contractually prohibited conduct.

XV VIOLATION OF THESE TERMS AND CONDITIONS

ZEN Mobile may process, preserve or disclose information relating to a customer or transaction where such processing, preservation or disclosure is lawful and reasonably necessary to:

comply with applicable law;
respond to a valid legal or governmental request;
prevent or investigate fraud;
protect payment security;
enforce these Terms and Conditions;
defend legal claims;
protect ZEN Mobile, its customers or third parties from unlawful activity.

Any handling of personal data remains subject to applicable data protection law and ZEN Mobile’s Privacy Policy.

ZEN Mobile may suspend, restrict or terminate a user’s access to the Site where the user:

violates these Terms and Conditions;
engages in fraudulent or abusive conduct;
attempts unauthorised access;
creates a material security risk;
uses the Site unlawfully;
infringes third-party rights.

ZEN Mobile may also restrict future purchases where reasonably necessary for fraud prevention, security, compliance or protection against repeated abuse.

Where legally permissible, ZEN Mobile may identify and associate multiple accounts reasonably determined to belong to or be controlled by the same person for purposes of enforcing security, quantity, fraud-prevention or abuse-prevention measures.

ZEN Mobile may also terminate or restrict Site functionality because of:

legal or regulatory requirements;
requests from competent authorities;
discontinuation of services;
material changes to the Site;
unexpected security or technical issues.

Where ZEN Mobile is required to take legal action as a consequence of a user’s unlawful conduct or culpable breach of these Terms, ZEN Mobile may seek recovery of reasonable legal costs to the extent permitted by applicable law.

XVI AMENDMENT OF THE TERMS AND CONDITIONS

ZEN Mobile reserves the right to amend these Terms and Conditions from time to time.

Updated Terms and Conditions become effective when published on the Site or on another effective date expressly stated in the updated version.

Changes shall apply to future use of the Site and future transactions and shall not retroactively alter sales contracts already concluded unless such alteration is permitted or required by applicable law.

ZEN Mobile reserves the right to:

update the Site;
modify Site functionality;
add or remove products;
discontinue products;
modify prices before conclusion of a sales contract;
introduce or remove payment options;
temporarily suspend Site functionality;
permanently discontinue all or part of the Site.

ZEN Mobile may refuse to provide Site services to a user where the user’s conduct is contrary to these Terms and Conditions, applicable law, legitimate fraud-prevention measures or ZEN Mobile’s legitimate business and security interests.

XVII GOVERNING LAW, MISCELLANEOUS

These Terms and Conditions and contracts concluded through ZEN Mobile are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) where its exclusion is legally permissible.

Where the customer is a consumer residing outside Germany, this choice of law shall not deprive the consumer of mandatory protections granted by provisions of the law that would apply in the absence of the choice of German law.

For consumers, jurisdiction shall be determined in accordance with applicable mandatory law.

For merchants, legal entities under public law and special funds under public law, and where legally permissible, the place of jurisdiction shall be Wangen im Allgäu, Germany, or another competent court having jurisdiction over mobile emotion GmbH.

If any provision of these Terms and Conditions is or becomes unlawful, invalid or unenforceable, the remaining provisions shall remain valid to the extent legally possible.

The invalid or unenforceable provision shall be replaced by the applicable statutory rule or otherwise interpreted to most closely reflect its lawful commercial purpose.

These Terms and Conditions are written in English.

Translations may be made available for convenience.

These Terms and Conditions, together with any specific conditions presented to the customer before an order is placed and any applicable policies incorporated by reference, constitute the contractual terms governing the relevant transaction.

Individual agreements expressly concluded between ZEN Mobile and a customer shall take precedence over conflicting provisions of these Terms and Conditions to the extent required by applicable law.

Section headings are included for convenience only and do not affect interpretation of these Terms and Conditions.

Failure by ZEN Mobile to immediately enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or of ZEN Mobile’s right to enforce it at a later time.

Nothing contained in these Terms and Conditions shall be interpreted as excluding, restricting or waiving mandatory statutory rights that cannot legally be excluded by contract.

ZEN Mobile
operated by mobile emotion GmbH
Gewerbepark Allgäuerland
Ahegg 22
88239 Wangen im Allgäu
Germany

District Court Ulm (Amtsgericht Ulm)
HRB 732857
EUID: DEB8537.HRB732857
VAT ID: DE304675694

Website: https://zenmobile.eu/
Email: info@zenmobile.eu