1. Scope and contracting party
These terms apply to diagnosis, data recovery, logicboard and micro-soldering work, repairs and related logistics services provided to consumers and business customers. The contracting party is Marko Leßenich, sole proprietor trading as DataDoc, Diemelweg 23, 50765 Cologne, Germany. A consumer is a natural person who enters into the contract predominantly for private purposes. A business customer acts in the course of their commercial or independent professional activity when entering into the contract.
Individual agreements and the specific fixed-price offer take precedence over these terms. Different terms proposed by the customer apply only with DataDoc's express agreement.
2. Definitions and types of service
"Diagnosis" means technical examination and documentation. "Data recovery" means the professional attempt to restore data that cannot be accessed, or can be accessed only to a limited extent, within the scope offered. "Repair" means establishing the agreed functional condition. "Delivery of results" means making recovered data available on the agreed destination medium or through a secure transfer method expressly offered. Text form includes, in particular, email and declarations in the secure customer area.
3. Enquiries, formation of the contract and contract language
Submitting a case online, making an express enquiry and sending in an item do not generally constitute acceptance of a further recovery or repair order. Before work starts, the scope and pricing conditions of a diagnosis contract are expressly agreed and confirmed by DataDoc. For consumers, merely sending in an item or knowing that work has started does not replace any required declarations concerning withdrawal rights. The subsequent recovery or repair contract is formed when the specific offer is accepted and DataDoc confirms it. Transport and express services are confirmed separately. The contract language is German. English versions are translations provided for clarity; they do not establish English as a separate contract language. In the event of discrepancies, the German versions belonging to the particular contract prevail to the extent permitted by law. Mandatory consumer protection provisions remain unaffected.
Before services begin, consumers receive the contract confirmation, required contractual information, terms and conditions and withdrawal information, including the model form, by email on a durable medium. Further offers, approvals and billing documents are also made accessible in the secure customer area. The customer keeps their contact details up to date and retains the documents for their own purposes.
4. Authority and cooperation
The customer confirms that they own the item or have sufficient authority to hand it over and authorise work and data processing. They provide complete information about the fault, previous damage, earlier interventions, encryption, access protection, moisture, fire, impact or overvoltage damage and other hazards.
The customer supplies necessary credentials, keys, reference files, replacement media and decisions promptly and securely. Delays or demonstrable additional costs caused by missing, late or incorrect cooperation are communicated to the customer. Chargeable additional work is performed only after approval, unless an essential measure is required to protect people or property.
5. Diagnosis
DataDoc charges EUR 89.00 gross for standard technical diagnosis, regardless of device type or service category, if the customer rejects the subsequent fixed-price offer or no follow-up order is formed. If the customer accepts the fixed-price offer, diagnosis is included in the offered total and is not charged additionally; the stated fixed price is not reduced by EUR 89.00. The amounts below apply instead to priority services expressly commissioned and actually performed; the EUR 89.00 is not charged additionally. Recovery being technically impossible does not, by itself, waive payment for diagnosis that was validly agreed and performed. Mandatory rights, particularly in cases of withdrawal, non-performance or defects, remain unaffected.
Priority 24-hour diagnosis costs EUR 149.00 gross including 19% VAT; it does not promise immediate further processing. Immediate processing, including the priority diagnosis needed for it, costs EUR 299.00 gross including 19% VAT. The two options are alternatives, never combined. Availability, scope and start are confirmed individually before a chargeable order is placed. If a follow-up order is accepted, that selected priority amount is added to the agreed fixed service price, without credit or deduction and without an additional EUR 89.00 diagnosis fee. Without a follow-up order, the priority service commissioned and performed totals EUR 149.00 or EUR 299.00 respectively, including diagnosis. An immediate start guarantees neither immediate completion nor successful recovery. Withdrawal and any compensation are assessed separately under the legal requirements.
6. Offers, approval and hidden damage
After diagnosis, the customer receives a description of the service and a fixed price or a clearly determinable pricing basis. Recovery or repair begins only after express approval. If hidden damage or necessary changes become apparent that materially affect the scope, prospects of success or price, the affected work is paused and requires renewed approval before chargeable work continues.
7. Data recovery and the recovery result
The service owed is a professional attempt to restore the data specified or prioritised in the offer. Success cannot be guaranteed generally. Only the technically usable result defined in the offer constitutes success, for example particular data categories, a described extent of recovery or data approved by reference to a file list.
The work can be destructive and may permanently alter the original storage medium or render it unusable, particularly through opening it, desoldering memory chips or component-level intervention. Such measures are taken only within the commissioned scope and where technically justifiable. In a data-recovery-only order, restoration of the device's original functionality is not owed.
8. Performance-based recovery fee
The recovery fee becomes payable when the defined recovery result has been achieved and made ready for delivery. Otherwise, only that fee is waived. Diagnosis or priority services agreed under section 5 and separately approved transport, storage media, materials, replacement parts, third-party services and additional services are paid for under the respective agreement and legal requirements; no additional standard diagnosis fee is charged where priority is charged. Partial results trigger a fee only if agreed in advance. A recovery opportunity arising later through new methods does not create an automatic follow-up order.
9. Repairs
The device functionality described in the offer is decisive. A repair may be permanent or may expressly serve only to enable temporary data access. The functional scope, test procedures, known limitations and any replacement parts are documented. Faults not commissioned for repair and age- or wear-related limitations are not part of the agreed service result.
10. Processing times
Time estimates are indicative unless a deadline has been expressly confirmed as binding. Processing may be delayed, in particular, by hidden damage, procurement of replacement parts, unstable media, large data volumes, missing cooperation, external specialist services or transport. DataDoc informs the customer of significant foreseeable delays. Statutory rights in the event of delay remain unaffected.
11. Shipping, express services, couriers and transport cover
The customer packs the item in accordance with the DataDoc packaging guide. New standard enquiries allow customer-arranged inbound shipping or a label request. If the offer is rejected and return is requested, the standard shipping package within Germany costs EUR 29.00 including 19% VAT. This includes the supplied DataDoc standard inbound label, secure return packaging and standard return shipping; no separate label item is added. If the customer organises and pays for inbound shipping themselves, a flat EUR 9.00 gross discount is applied: return packaging and standard return shipping cost EUR 20.00 including VAT. The customer's own inbound postage is not reimbursed. If repair or data recovery is performed, standard shipping is included in the fixed price without an additional charge. Diagnosis and priority remain separate. Standard means one parcel within Germany up to 5 kg and within the permitted standard dimensions. For expressly authorised disposal, DataDoc bears disposal and standard inbound-label costs; diagnosis or priority remains payable. Special shipping, heavier or multiple parcels, couriers and international shipping require a separate offer and express cost approval before booking. If no item is sent, DataDoc first checks cancellation or refund of the unused label; remaining costs are assessed individually under the agreement and applicable law, without an automatic invoice or claim. These package prices apply to rejection of the follow-up offer, not as a flat fee for statutory withdrawal. Statutory withdrawal and any compensation are assessed separately under the legal requirements; mandatory rights remain unaffected. Merely selecting an option in the enquiry form does not order a chargeable service. Parcel conditions, contract confirmation and withdrawal information are provided before performance; the permitted start must be checked separately. Existing cases remain subject to their recorded individual terms.
Courier costs are included neither in standard shipping nor in the EUR 149.00 or EUR 299.00 amounts. All courier costs are stated separately in the individual fixed-price offer and expressly confirmed before a chargeable booking; a collection enquiry alone does not trigger a booking. Different weights, non-standard dimensions, multiple parcels, transport insurance and other additional services require a separate agreement before booking.
The transport provider's stated liability applies to a supplied DHL parcel label; cover of up to EUR 500.00 is envisaged for the proven material value of the shipment. Before shipping, where permitted, additional insurance of up to EUR 2,500.00 can be booked for EUR 6.99 per parcel, or up to EUR 25,000.00 for EUR 19.99 per parcel. The intangible or economic value of data and lost profit are generally not covered.
Mandatory statutory rules on the allocation of risk apply to consumers. For business customers, risk passes upon handover to the transport provider to the extent permitted by law. Customer-arranged transport is governed by the customer's contract with the provider. Visible damage or missing items must be reported promptly and documented where possible.
12. Delivery and examination of results
Recovered data is made available on the destination medium selected in the offer or through a protected, time-limited transfer method expressly enabled for the purpose. Where several delivery methods are offered, only the option expressly selected when accepting the offer becomes part of the contract and is billed. The type, capacity, gross price and encryption of a destination medium supplied by DataDoc are stated in advance. Passwords are transmitted separately.
Customer-owned storage media must be supplied in time, in working order, free of malware and technically suitable for the data volume, file system and delivery. The customer first backs up any existing contents themselves. DataDoc does not delete or format existing contents without separate approval. If the medium is unsuitable, damaged, not empty or too small, delivery is suspended and a suitable alternative is offered; additional costs arise only after approval. DataDoc is liable for previous damage, existing contents or faults of a customer-owned medium only under the statutory provisions.
The customer examines the result upon receipt and creates at least one further backup copy. Apparent omissions or reading errors should be reported during the retention period; mandatory rights in respect of defects are not shortened. Physical return or personal handover takes place after the relevant issued and due invoice has been paid in full, unless the customer has a statutory right to withhold performance. The customer's statutory rights of retention, set-off and rights in respect of defects remain unaffected.
13. Retention, return and disposal
Recovered data, working copies and raw images are generally retained for a further 14 calendar days after confirmed handover, provision or dispatch and are then securely deleted. Retention for up to 30 days requires prior agreement. Credentials are deleted promptly after completion and quality control.
If the offer is rejected, customer property is neither automatically destroyed nor returned without the customer making a choice. The customer expressly selects professional disposal without an additional disposal fee or return at the shipping costs expressly agreed under section 11. No additional inbound-label item is charged for the current standard shipping package under section 11. Different label terms apply only to historical cases under their recorded agreements or to special cases separately quoted and expressly approved, in each case only where validly agreed and legally permissible. This does not create an automatic additional claim. Disposal authorisation is checked operationally; waste electrical equipment is not put in household waste. Devices and original media ready for collection must be collected or approved for return shipping within 30 calendar days after notification. Before taking further measures, DataDoc sends a reminder in text form. Expiry of the period alone does not result in destruction.
14. Prices, invoices and payment
The prices stated before commissioning apply. Consumers receive total prices including statutory VAT; net amounts, tax and gross amounts are shown for business customers. Invoices are emailed as PDFs and are also provided in the secure customer area. Failed email delivery is checked operationally; availability in the customer account alone does not prove receipt of an email. Payment method, due date and an unambiguous payment reference are stated in the offer and invoice. Private and business customers pay by SEPA bank transfer before release or dispatch of the device, original medium and return data carrier. The decisive factor is receipt and complete allocation of payment, not an announcement that payment will be made. Statutory rights to withhold performance remain unaffected. This does not enable purchase on account with a later payment deadline.
Payments are recorded after actual credit and unambiguous allocation to the invoice or case number. If an amount remains outstanding, DataDoc may send payment reminders after it becomes due. Objections to an invoice should be raised promptly; statutory rights and deadlines remain unaffected.
If a due claim remains unpaid despite a reminder, DataDoc reserves the right, after manually checking receipt of payment, default and any objections communicated, to instruct a registered debt collection service provider or a lawyer to collect the debt. Recoverable collection, legal-enforcement and default costs and default interest are not fixed as flat amounts; they are claimed only to the extent legally permissible and actually necessary. A disputed claim or one otherwise requiring clarification is checked separately before referral.
For expensive materials, replacement parts, third-party services or destination media, an appropriate advance payment stated in the offer may be required. Work results or processed items may be retained pending payment of due claims only within the scope of statutory retention and lien rights. Return is not refused solely on account of non-payment where the customer has a statutory right to refuse performance, retain payment or set off a claim. Statutory provisions otherwise govern default.
15. Termination after an order is placed
The statutory right to terminate a contract for work up to completion remains unaffected. Remuneration and credit for expenses saved are governed, in particular, by section 648 of the German Civil Code (BGB). Diagnosis, transport, materials, replacement parts and third-party services already commissioned independently are paid for under the contract and the law. Mandatory withdrawal rights remain unaffected.
16. Acceptance and rights in respect of defects
Where the service is capable of formal acceptance, the customer is asked to examine and accept it. Acceptance may not be refused because of insignificant defects. Statutory acceptance rules and rights in respect of defects otherwise apply. DataDoc must be given an opportunity to examine the matter and, where provided for, remedy defects. Guarantees exist only where expressly declared.
Where the customer is a merchant within the meaning of German commercial law, statutory duties to examine and notify defects also apply, in particular section 377 of the German Commercial Code (HGB), where its requirements are met. Consumer rights are not restricted.
17. Liability and technical risks
DataDoc has unlimited liability for intent or gross negligence, damage to life, body or health, fraudulent conduct, an expressly assumed guarantee, and under the German Product Liability Act and other mandatory law. For a slightly negligent breach of a material contractual duty, liability is limited to foreseeable damage typical of the contract. Liability for slight negligence is otherwise excluded. This applies correspondingly to representatives and persons used to perform contractual obligations.
Already damaged or unstable storage media and logicboards may undergo further changes despite professional diagnosis, reading, opening, soldering or repair measures. Changes attributable to the original damage do not establish liability where DataDoc has exercised professional care and observed the agreed risk limits. Liability for culpably caused additional damage remains unaffected.
Before handing over an item, the customer creates a backup where this is possible and reasonable without further risk. Further access to unstable media must cease. Omission of possible backup measures may be taken into account under statutory contributory-fault rules. Statements about success are technical assessments unless a guarantee is expressly declared.
18. Confidentiality and data protection
DataDoc treats devices, data and trade secrets confidentially. File contents are viewed only where necessary for diagnosis, recovery, quality control, allocation of results or statutory duties. Employees and service providers are subject to appropriate obligations. Details are set out in the privacy policy. A separate confidentiality agreement may also be concluded for business customers.
19. Withdrawal and early start of services
Consumers receive separate withdrawal information and the model withdrawal form. DataDoc begins before the fourteen-day period ends only at the consumer's express request. If the consumer subsequently withdraws, compensation for the proportion already performed may become payable under the legal requirements. For a fully performed paid service, the right of withdrawal expires only under the legal requirements, in particular after consent to the early start and acknowledgement of awareness that the right will expire.
20. Consumer dispute resolution
DataDoc is neither obliged nor willing to participate in dispute resolution proceedings before a consumer conciliation body. The former European online dispute resolution platform has been discontinued; a link to it is therefore not provided.
21. Final provisions
German law applies while preserving mandatory consumer protection provisions at the consumer's habitual residence. Where the customer is a merchant within the meaning of German commercial law, a legal person under public law or a special fund under public law, Cologne is the place of jurisdiction to the extent legally permissible. Invalid provisions do not affect the remaining terms; statutory provisions take their place.