General Terms and Conditions of Mr Beam Lasers
These are the general terms and condition which apply when a contract is made with Mr Beam Lasers UG (haftungsbeschränkt) – which will be called Mr Beam in the further text.
Since Mr Beam is a German based company, we operate according to German law.
Having said this, you find here a translation for our general terms and conditions.
In this Document there are several referrals to the German BGB, which is General German Law / the Civil Code (described e.g. in Wikipedia).
1 Scope of Act
1.1 For all claims arising from or in connection with a contract between a customer and Mr Beam these terms and conditions shall always apply in their valid version at the time of the particular contract. In addition, for each order specific terms apply to different products and services. The specific terms and conditions of services can be found in the products and services offered in each case.
1.2 In the case of collisions between the applicable regulations the priortiy is as follows:
Specific terms for products and services;
These general terms and conditions;
General German regulations.
Mr Beam only enters into contracts with customers, which satisfy one of the two conditions:
a) Legally capable natural persons who have reached the age of 18 years;
b) Legal entities, each residing or established in the Federal Republic of Germany, a Member State of the European Union or Switzerland;
The contracting party is hereinafter referred as “customer”. If an offer of an undefined participant is accidentally assumed by Mr Beam, Mr Beam is entitled within a reasonable time to withdraw from the contract with the customer.
Mr Beam delivers the goods ordered by the customer and provides services under the accepted offer. Moreover, § 434 Para. 1 sentence 3 German BGB applies. If it comes to the resignation / revocation, Mr Beam is obliged to credit immediately about prepayments and / or advance payments or repay bank transfer.
4 Contract closure
4.1 The contract is closed by acceptance of the customer’s order by Mr Beam.
The acceptance by Mr Beam is done with the receipt of the goods by the customer after the shipment of the goods by Mr Beam or with the performance of the service to the customer by Mr Beam. If the customer orders via internet, Mr Beam will promptly acknowledge the receipt of the order electronically. However, the order confirmation does not match the acceptance of the contract.
4.2 The leading contract language is German (see the product description).
5 Right of Revocation – Withdrawal
You have the right to withdraw this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which you or a third party named by you, other than the carrier, have taken physical possession of the goods. In case of partial deliveries, withdrawal period is fourteen days from the date on which you or a third party named by you, other than the carrier, have taken physical possession of the final product. To exercise your right of withdrawal, you must inform us:
Mr Beam Lasers GmbH
Gollierstr. 70D 3.OG
by means of a clear statement (e.g. a consigned by post mail, fax or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form which is however not mandatory. In order to observe the withdrawal period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawal:
If you withdraw from this contract, we will repay you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than those offered by us, expensive type of standard delivery have), within fourteen days from the date on which the notification is received about your withdrawal of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for such repayment. We may withhold the reimbursement until we have received the returned goods again, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have to send back the goods promptly and in any event not later than fourteen days from the date on which you notify us of the withdrawal of this contract, to:
Mr Beam Lasers GmbH
Gollierstr. 70D 3.OG
The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct cost of returning the goods. You only need to pay for any diminished value of the goods, if this loss of value is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling them.
If you had requested and we agreed, that a service should be provided during the withdrawal period, and you withdraw, you have to pay us a reasonable amount for the provided services (regarding the share of the service in comparison of the entire order and the degree of the service provisioning).
End of the withdrawal notice.
6 Cost takeover agreement
In the event that the customer makes use of the right of withdrawal, it is agreed that the customer shall bear the regular costs of the return if the delivered goods correspond to the ordered and the regular price of the returned goods does not exceed € 50.00 or if the payment or a contractual agreed partial payment is not provided at a higher price for the ordered item.
7 Lack of availability of ordered goods or services
If Mr Beam, after receipt of the order, realizes that the goods or services ordered are no longer available or in stock, Mr Beam, provided payments are already back granted immediately.
8 Shipping cost
The shipping costs are calculated in the individual contract and stated there.
9 Price & terms of payment
9.1 When ordering via the homepages of Mr Beam, prices specified under the button “Check and order” apply. All prices are net prices and when making purchases from a country that is member of the European Union, German VAT is added to the price automatically. Should there be a legal VAT increase in Germany, Mr Beam is obliged to charge the increased rate of VAT.
9.2 On invoices, prices for additional services are listed in addition to the net price of the goods, shown including German VAT.
Mr Beam retains owner to all goods that are shipped to a customer until the final and complete payment of the delivered goods. Unless Mr Beam under warranty exchange a product, it is agreed already, that the ownership of the exchanged goods mutually changes between the customer and Mr Beam at the time the good is sent back by the customer.
11.1 Mr Beam ensures that the products at the time of transfer are free from material defects and defects in accordance with § 434, 435 German BGB.
11.2 If the delivered goods show obvious material- or manufacturing-defects, which include transport damage, the customer is requested to claim such errors as quickly as possible towards Mr Beam. Failure to give notice of defects, however, does not have consequences for your legal rights. The statutory provisions in §§ 434 and following, 475 para. 1 German BGB apply.
11.3 The warranty period for new goods is one year. The warranty for in the respective offers, marked as refurbished and / or used goods is 6 months. The respective warranty period begins with the receipt of the goods by the customer.
11.4 In case of a warranty defect, the customer according to § 439 German BGB, at his discretion may demand the removal of the defect or delivering a defect-free item. Mr Beam can, in the compliance with § 439 German BGB refuse the reparative or corrective performance, if it is only possible at disproportionate cost. If a failure in the course of repairs occurs or a failure / defect even at the second attempt can’t be corrected, the customer is entitled under § 439 German BGB to demand or to reduce the purchase price or withdraw from the contract, or request the delivery of a defect-free item. In addition § 437 German BGB applies.
11.5 With respect to any claims for damages due to defects of the things, the statutory provisions apply.
11.6 Is a prerequisite for warranty claims that the defect is not due to misuse or overuse. If a defect is reported later than 6 months after delivery, the customer has to prove that the product was defective at the delivery. Otherwise it is presumed, that the product was free of defects at handover.
12.1 Mr Beam, its management and its employees are liable in cases of positive breach of obligation, delay, impossibility, tort and other legal reason (other than breach of pre-contractual obligations) for intent and gross negligence. In the case that culpable damage to life, for health or body are created, in the case of culpable violation of contractual cardinal obligations (principal contractual obligations) or fraudulent misrepresentation and in the event of a claim according to § 437 paragraph 2 German BGB Mr Beam is liable in the legal extent.
Only in the case of a breach of cardinal obligations, the liability for employee Mr Beam is limited to typical, foreseeable damage. The concept of the cardinal obligation is there to specify either a specifically and explicitly described obligation of the product or service, which is substantially for the purpose of the contract, or abstractly described the fulfillment duty which allows the execution of the contract and on which the customer must rely. In case of delay of the business customer can either demand the reparation of the damages or has the right to withdraw from the contract.
12.2 In the event of data loss Mr Beam is only liable if the customer has backed up the data sets at least once per day in an auditable manner. The liability for data loss is limited to the cost of restoration in presence of a backup copy unless the data loss was caused intentionally or by gross negligence of Mr Beam. Otherwise, a liability for data loss is excluded except for cases of intent or gross negligence.
12.3 The extent of liability of Mr Beam under the German product liability law remains unaffected.
12.4 The above provisions give the full scope of liability of Mr Beam, its management and its employees.
13 Country of law
13.1 On the legal relationships between Mr Beam and customers as well as to the respective terms and conditions only German law apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
13.2 The provisions of Clause 13.1 let apply mandatory rules of the law of the country in which the customer has his habitual residence, to the extent, the customer has signed a purchase contract, which can not be attributed to the trade or profession of the customer (consumer contracts) and if the customer has made the purchase contract a legal action in the country of his habitual residence.
14.1 Should an individual clause of this contract in whole or in part, be legally ineffective or lose their legal validity later on, this shall not affect the validity of the remaining clauses.
14.2 Exclusive place of jurisdiction shall be Munich if the customer is a merchant according to the Commercial Code or a public corporation.