General Terms & Conditions
§ 1 General Provisions
General Terms and Conditions of Sale BEACONinside GmbH
1. These General Terms and Conditions of Sale (GTCS) shall apply to all contractual relationships of BEACONinside GmbH (hereinafter referred to as: Supplier) with its customers (hereinafter referred to as: Purchaser, Consumer or Business Customer) through the Supplier ́s online shop www.beaconinside.com/preffered beacon suppliers (hereinafter referred to as: Online Shop).
2. The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below). For the purpose of these GTCS, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Section 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Section 14 (1) of the German Civil Code), a legal person constituted under public law (juristische Person des öffentlichen Rechts) or a public sector funding company (öffentlich-rechtliches Sondervermögen).
3. In particular, the GTCS shall apply to contracts for the sale and/or supply of movable items (hereinafter referred to as: Goods), irrespective of whether the Supplier produces the Goods itself or sources these from suppliers (Sections 433 and 651 of the German Civil Code). The GTCS, as amended from time to time, shall also apply as a framework agreement to future contracts with the same Business Customer for the sale and/or delivery of movable items, without any requirement on the part of the Supplier to make additional future reference to the GTCS in each individual case.
4. These GTCS shall be exclusively applicable. Any general terms and conditions of the Purchaser that depart from, conflict with or supplement the GTCS shall form part of the contract only if and to the extent that the Supplier has expressly consented to the validity of such. This requirement of consent shall apply in all cases, including, without limitation, in cases where the Supplier unconditionally carries out a delivery to the Purchaser in the knowledge of the Purchaser’s general terms and conditions.5. The contracts with the Purchaser shall be made exclusively in the English language.
§ 2 Conclusion of the Contract
1. Offers of the Supplier in the Online Shop shall be subject to change and shall not constitute binding offers.
2. The placing of an order in the Online Shop for the Goods by the Purchaser shall be deemed a binding contractual offer.
Unless the order stipulates otherwise, the Supplier shall be entitled to accept such contractual offer within one week of such offer being received by it. Without undue delay upon receipt of the order, the Supplier will send to the Purchaser by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order.The order shall be deemed to be accepted either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Purchaser shall not become effective until the acceptance by the Supplier.
3. Any Purchaser who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy under Section 12.
§ 3 Prices and Payment Conditions
§ 4 Delivery Times, Failure to Deliver and to Take Delivery
§ 5 Shipment, Insurance and Passing of Risk
§ 6 Retention of Title
§ 7 Qualitiy Defects
§ 8 Industrial Propery Rights and Copyright; Defects in Title
§ 9 Impossibility of Performance, Adjustment of the contract
§ 10 Other Claims for Damages
§ 11 Data protection clause
§ 12 Notice of Revocation Rights
13355 Berlin, Germany