GTCs Rental Service
General Terms and Conditions | Rental Service| Mr Beam Lasers GmbH
These General Terms and Conditions of Business ("GTCs") shall apply to all contracts concluded via rental services provided either via the contact form, via firstname.lastname@example.org or via mr-beam.org (including all subdomains), hereinafter referred to as the "Website". The contractual partner of the Customer shall be Mr Beam Lasers GmbH (Gollierstr. 70, 80339 Munich, Germany, Commercial Register: Munich Local Court, HRB 212375, VAT identification number: DE 295571977), hereinafter referred to as "Provider" or "Mr Beam". Some provisions of the GTCs shall only apply to the Customer if the Customer is a consumer within the meaning of § 13 BGB or an entrepreneur within the meaning of § 14 BGB. The customer is a consumer within the meaning of § 13 BGB if he/she uses the services of the provider for a purpose that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity. An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. The provider expressly points out the limited validity in the respective individual case. The agreements made between the Provider and the Customer result exclusively from the following GTCs, the data protection provisions and the rental confirmation. Deviating or complementary regulations of the customer do not apply. They shall not apply even if the Provider does not expressly object to their inclusion. The contract language is German or English. The customer is also entitled to print.
- Subject matter of the contract
By means of this contract, the rental of used goods, the following "goods", shall be conducted through the online shop, the contact form and the mail address email@example.com of the provider. The details concerning each offer shall be disclosed in the online shop's product description
- Conclusion of the rental contract, dispatch of the goods
The contract shall be concluded exclusively in electronic business transactions via the shop system or by e-mail. The presentation of the goods on the website is non-binding. Hence, it is subject to change, i.e. it does not constitute a binding offer to conclude a rental contract. The customer assures that all data provided by him during registration or ordering (e.g. name, address, e-mail address, bank details) are true/correct and that he has not used any data from third parties. The customer undertakes to inform the provider immediately of any changes to the data.
The customer is liable for the misuse of the access data conducted by third parties, insofar as he is responsible for this.
This may also result in him being obliged to pay usage fees for goods which he has not ordered himself. The customer only submits a binding offer to conclude a contract through a finalised order process. After examining the order, the customer receives an e-mail from the provider confirming the rental of the selected goods, hereinafter referred to as "delivery commitment" or "order commitment" or "order confirmation". The delivery commitment or order commitment or order confirmation is sent by Mr Beam. The rental agreement is concluded by this delivery commitment or order commitment or order confirmation. However, the goods will not be dispatched until the customer has paid the rental fee and the deposit. As long as the condition of successful payment has not been met, the provider is entitled to retain the goods. For the period between dispatch of the goods and their delivery to the customer (see clause 5.) no usage fee is payable. The customer will be charged for the rental service as soon as the goods have been delivered to he/she. The provider enters into contractual relationships only with persons of full legal age.
- Right of withdrawal
- Start of the rental, contract period, termination
- intentionally damages a rental object;
- intentionally suppresses information about any culpable damage to the rental item or attemps to conceal their wrongful handling of the device from the provider;
- intentionally causes damage to the provider;
- uses a rental object in or for the commission of intentional criminal offences.
- Terms of Delivery
- Retention of title
The delivered goods remain property of the provider.
- Usage fees and shipping costs
- 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.
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.
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.
You can reach our support from Monday to Friday between 9:00 am and 17:00 clock at +49 89 30908481 or at firstname.lastname@example.org.
- 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.