Conditions rental service

General Terms and Conditions | Mietservice | Mr Beam Lasers GmbH

 

  • scope
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    These General Terms and Conditions ("Terms and Conditions") apply to all contracts that are concluded via temporary contracts that either via the contact form, via hello@mr-beam.org or via MR-Beam.org (including all subdomains), hereinafter referred to as "website". Contracting party of the customer will be MR Beam Lasers GmbH (Gollierstr. 70, 80339 Munich, Germany, Commercial Register: Amtsgericht Munich, HRB 212375, Sales Tax Identification Number: DE 295571977), hereinafter referred to as "provider" or "MR Beam". Some regulations of the terms and conditions have validity for the customer only if he consumers I.S.V. § 13 BGB or entrepreneur I.S.V. § 14 BGB is. The customer is consumer I.S. V. § 13 BGB, if he takes the benefits of the provider for a purpose, which can be roughly attributed neither his commercial nor his self-employed professional activity. Entrepreneurs I.S.V. § 14 BGB is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity. The provider expressly points to the limited validity in the individual case. The agreements made between the provider and the customer result exclusively from the following terms and conditions, the privacy policy and the rental confirmation. Different or complementary regulations of the customer do not apply. You will not find no application if the provider of inclusion does not expressly contradict. The contract language is German or English. The customer is also entitled to express.


  • Contract

  • Through this contract, the leasing of used goods, the following "goods", via the online shop, the contact form and the mail address hello@mr-beam.org of the provider is regulated. Because of the details of the respective offer refer to the product description of the offer page in the online shop.


  • Completion of the lease, shipping of the goods

  • The contract comes exclusively in electronic commerce via the shop system or by mail. The presentation of the goods on the website is non-binding, ie it is not a binding offer to conclude a lease. The customer assures that all data provided by him during registration or order (eg name, address, e-mail address, Bank account) are true and it has not used data from third parties. The customer undertakes to inform the provider changes in the data immediately. The customer is liable for the abuse of access data by third parties, as far as he has to be represented. This can also lead to it being obliged to pay usage charges for goods that he himself has not ordered. A binding offer for the conclusion of the contract gives the customer only through a finalized order process. After examining the order, the customer receives an e-mail from the provider, with which this suits the rent of the selected goods, following the following "delivery commitment" or "order commitment" or "order confirmation". The delivery commitment or order commitment or order confirmation is sent by Mr Beam. By this delivery commitment or order commitment or order confirmation, the lease comes about. However, the goods will be sent until the customer has paid the rental fee and the deposit. As long as the condition of the successful payment is not met, the provider is entitled to reserve the goods. For the period between shipping of the goods and their delivery to the customer (see point 5.), no usage fee is payable. The paid rent begins only with the delivery of the goods at the customer. The provider enters contractual relationships with all year-old people who are fully operational.


  • Right of withdrawal

  • If the customer is consumer, he is entitled to revoke his contract. This revocation can only be done if the rented goods have not yet been sent to the customer by MR Beam. In the case of the cancellation by the customer, the provider reserves the right to use a different payment for the repayment of the customer to be paid to the customer as that the customer has used in the payment. Information and regulations for cancellation can be under www.mr-beam.org/policies/refund-policy to be retrieved.


  • Start of the rental, contract period, termination
  • The term of the rent begins with the delivery of the goods at the customer, hereinafter "delivery". The goods are considered delivered within the meaning of this provision, if the supplier commissioned by the provider delivered the goods to the customer. A transfer of the goods to the customer itself is not required for delivery. Rather, it is sufficient that the goods are in the area of ​​responsibility of the customer that this can make use of their use (e.g., delivery of the goods in a packing station, handover to a neighbor, or other persons authorized to accept). Unless otherwise agreed, the contract is concluded for the duration certain in the order. The rental period starts on Thursday of a week and ends the following Monday. Mr Beam has the right to terminate the contract without giving reasons. If Mr Beam makes no use from this right to terminate, the rent runs at the first time and the customer is obliged to send the goods on time and time-to-time. If the return is not deadline, a delay fee of 75 euros is due per day. If there are several leases between the provider and the customer and the provider is entitled to extraordinary termination of a lease for good cause, he can also terminate the other leases extremely terminally without notice, if he does not maintain the maintenance of the other leases due to roughly faithful behavior of the customer is reasonable. This is especially the case when the customer:


    • a rental object intentionally damaged;
    • the provider is guilty of a damage caused by the rental object or tries to hide such a one;
    • intentionally inflicted to the provider;
    • uses a rental object in the intentional offenses in the commitment.


    The termination requires the text form. If the provider announces a lease, the customer is obliged to give the rental objects including accessories immediately to the provider. In advance, payments made will not be refunded, regardless of when the customer sends the device back.

  • delivery terms
  • The delivery of the product takes place to the shipping address communicated by the customer. The provider is entitled to some deliveries in the reasonable extent. If the provider determines during processing of the order that the product ordered by the customer is not available despite careful examination of the stock and from the provider not to be responsible for not responsible, the customer will be informed by e-mail and a contract is not concluded . If the provider previously adopted the customer's contract offer by the rental or purchase confirmation, the provider is entitled to resign. Payments made will be reimbursed immediately. The delivery times specified in connection with the presentation is approximate. They are therefore considered only approximately agreed. If the specified delivery date is exceeded by more than four days, each party is entitled to withdraw from the contract. If the provider has not to be represented a permanent delivery obstacle, in particular force majeure or non-delivery by own suppliers, although a corresponding coverage business was made in time, the provider has the right to withdraw from a contract with the customer insofar. The customer will be refunded immediately and received services, in particular payments. The obligation to replace default damage is limited to a predictable, typically occurring damage. This limitation of liability does not apply to the case of intentional or grossly negligent breach of contract. From the foregoing liability limitation, the confinement of the provider remains unaffected because of culpable violation of life, body and health.


  • Retention of title

  • The delivered goods remain owned by the provider.


  • Usage charges and shipping costs

  • The provider charges for the use of goods usage charges. The amount of the usage charges results from the offer representation on the website. All prices are final prices and contain the statutory sales tax. In addition to the final prices, there are no further costs depending on the shipping method. For missing accessories, incomplete returns or paired / non-decoupled products, the customer is obliged to pay a lump sum fee of EUR 20.00. The provider is free to require a higher fee of the cost of replacing a missing or defective component.


  • Payment terms

  • The payment is made by Mr Beam. The customer has only the following possibilities for payment: Payment service provider (e.g., PayPal), credit card and bank transfer. When using a payment service provider, this allows the provider and customer to handle the payment with each other. The payment service provider forwards the payment of the customer to the provider. Further information is available on the website of the respective payment service provider. When paying via credit card, the customer must be the rightful cardholder. The final burden on the credit card takes place in the conclusion of the lease. The usage charges must be paid by the customer in advance and will not be refunded if the customer sends the subject back to the provider before the end of the contract period. There is no entitlement to partial reimbursement or crediting. The provider reserves the right to proof of a higher damage. Compared to the payment claim of the provider, customers may only be calculated by the provider undisputed or against the provider legally established claims. This does not apply if the customer's requirement arising from a service claim legislative to refusal. A right of retention may only exercise customers if their counterclaim is based on the same contractual relationship.


  • Responsibility of the customer and reduction of deductible

  • The use must be carried out safely carefully to minimize the damage to the expected damage. With any damage or other impairment of the rental object (including loss) during the rental period, the customer is obliged to inform the provider immediately about all the details of the event, which has led to damage to the item. In case of damage or loss of the goods and other injuries of the lease closed between the customer and the provider, the customer is always liable according to the statutory provisions. If the customer is then obliged to the provider for damages, his deductible per claim - unless otherwise agreed - is set to 100% of the damage occurred.


  • Return of the rental object

  • The lease ends at the end of the agreed contract period or by termination at the specified time. The customer is obliged to return the goods including accessories to the address specified by the provider. The customer is obliged to send the goods back in the same packaging box and with all protective pads, as they have been delivered. If the customer is firmly damaged that the carton is severely damaged and no longer for safe transport, he must immediately turn to the provider who will send him a replacement. The customer is obliged to pack the rental object against transport damage. The customer has to return the subject in the state in which he has taken over it. If the customer backs the thing undamaged and completely back and the provider puts the same state category, as determined at the time of shipping to the customer, the customer will receive his pre-charged deposit completely back. However, a claim to a refund does not exist if the customer does not have to return the object in the state in which he has taken over it.


  • Warranty

  • The statutory defect liability law applies, unless otherwise specified below.


  • Liability of the provider

  • The provider is liable for damages unlimited, insofar as the cause of damage is based on an intentional or grossly negligent breach of duty of the provider, a legal representative or vicarious agent. For negligent behavior, the provider is liable only in case of breach of a duty whose fulfillment for the achievement of the contract is conveniently and should be regularly trusted on their compliance with the contracting parties (cardinal obligation), insofar as the provider had to be typically expected the damage caused by the conclusion of the contract . Incidentally, the liability of the provider - also for fulfillment and vicarious agents - is excluded. The limitation of liability referred to in paragraph 1 shall not apply to claims for damages from violation of life, body, health, the acquisition of a texture warranty or a malicious concealment of defects by the provider. The liability according to the Product Liability Act remains unaffected. Any statutory liability privileges in favor of the provider, eg. B. according to §§ 7 to 10 TMG, remain unaffected.


  • Disclaimer of the provider

  • The customer releases the provider of all claims that third parties claim against the provider for improper and illegal use of the rental object, unless he has not to be represented. In the case of an exemption under sentence 1, the customer replaces the provider of any damage arising from the provider for improper and illegal use, including any costs of legal defense. The user supports the provider in the legal defense.


  • Use of the website

  • The provider expressly points out that the use of web services has risks. This applies in particular to the shipment of malicious software, spamming (unsolicited sending of advertising e-mails), theft of passwords, the electronic burglary as well as manipulation, hacking and other forms of unauthorized disclosure of users, harassment and counterfeiting to be caused. The provider will make reasonable efforts to minimize these risks. A non-loss requirement is not justified. The use of the website takes place at your own risk. Maintenance, retrofits or upgrades, errors or "bugs" as well as other causes or circumstances can lead to interruptions or errors of the operation of the platform. The provider will remove technical disturbances immediately in the context of the technical possibilities.


  • Assignment, pledation, utility transfer ban

  • Claims or rights of the customer against the provider must not be assigned or pledged without their consent, unless the customer has proven a legitimate interest in the assignment or pledge. During the duration of the lease, any goods may be owned by the customer, which is nevertheless the property of the provider, or one of his business partners, sister or subsidiaries, or other contractual partners, not exceeded by the customer by the customer neither a third party, sold nor further leased, leased, sold, sold , burdened with a lien or otherwise made a way to the subject of a transaction.


  • privacy

  • Please note ours Privacy statements (www.mr-beam.org/policies/privacy-policy).

  • Online dispute resolution and consumer certificate

  • If the customer is consumer, the following note: The European Commission offers a platform for the online dispute resolution, which can be found at ec.europa.eu/consumers/odr/. Mr Beam is neither ready nor obliged to participate in dispute resolution procedures before consumer estimates.


  • Support

  • You can reach our support from Monday to Friday between 9:00 am and 17:00 clock at +49 89 30908481 or at support@mr-beam.org.


  • Change

  • The provider is entitled at any time to make changes to the Terms of Use, unless the significant provisions of the contractual relationship (in particular the nature and scope, runtime, termination) are included. The provider will point to the customer for the possibility of contradiction and compliance with the deadline separately. Upon exercise of the right of objection, the changes will not be the part of the contract and the contract continues unchanged. The right of termination remains unaffected.


  • Applicable law

  • On the terms and conditions and the contractual relationship between the provider and the customer, the law of the Federal Republic of Germany applies. The application of German international private law and the UN sales law is excluded. If the customer is consumer, the choice of choice does not help him withdraw the protection granted to him according to the compelling consumer protection legislation of the law applies to his habitual residence. The election does not mean that he must enforce his right to a foreign court.


  • Final provisions

  • Should individual provisions of the Terms and Conditions be ineffective, this does not affect the effectiveness of the Terms and Conditions. If the customer is a merchant in the sense of the Commercial Code, the place of jurisdiction is agreed for all disputes of Munich awakening between the customer and the provider. The provider is entitled to transfer the rights and obligations in whole or in part to another company from the contract with the customer. Should a transfer take place, the customer receives a message from the provider. It also indicates a deadline within which the customer can terminate the contract and demand deletion of the customer account if he does not agree with the transfer.