Standard Business Terms and customer information
Standard Business Terms and customer information
I. Standard business terms
§ 1Basic provisions
(1) The following terms and conditions apply to contracts which you conclude with us as a supplier (Laserscanning Europe GmbH) via the website shop.laserscanning-europe.com, unless otherwise agreed in writing between the parties. Any differing or conflicting terms and conditions shall only be effective with our express consent.
(2) We only offer our products for purchase or our services for booking if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of his commercial or independent professional activity (entrepreneur). A conclusion of contract with consumers is excluded.
§ 2Conclusion of the contract
(1) The subject-matter of the contract is the selling of products. The essential characteristics of the goods can be found in the respective offer.
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) You can also submit a binding offer of contract (order) by telephone, e-mail, fax or mail.
The acceptance of the offer (and thus the conclusion of the contract) takes place in the case of orders by telephone immediately or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the fulfillment of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(5) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Conclusion of the contract in the case of courses
(1) The object of the contract is the delivery of courses.
The essential details of the seminars can be found in the respective offer.
(2) Already by placing the respective course offer on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the terms and conditions stated in the respective offer.
(3) The contract becomes effective via the online shopping cart system as follows:
The courses you intend to book are added to your "Shopping Cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By using the button clearly indicating your liability to pay, you indicate your legally binding acceptance of the offer, which results in the conclusion of the purchase contract.
(4) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days (unless another period is specified in the respective offer). You accept the offer with confirmation in text form.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 4 Service provision in the case of courses
(1) The courses will be delivered in the form described in the respective offers on the agreed dates.
(2) If the delivery of the course is dependent on the number of participants, the minimum number of participants will be evident in each case from the offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least seven days before the beginning of the course that the booked course will not be taking place. In this case, any payments already made will be refunded immediately.
(3) In the case of cancellation of a single event due to the non-availability of the course instructor at short notice due to illness or another important reason, the payments already made will be refunded immediately.
In the case of events consisting of several dates, if one of the dates is cancelled at short notice because the course instructor is not available due to illness or another important reason, a replacement date will be found for the cancelled date.
(4) In relation to the use of course rooms and objects, you must comply with the house rules displayed on the premises. You must adhere to our instructions or the course instructor's instructions.
§ 5 Substitute participant
You can name a substitute participant at any time before the start of the course. There will be no charges for this change to the booking.
§ 6 Prices, terms of payment and shipping costs
(1) The prices listed in the respective offers as well as the shipping costs represent net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price, they will be charged separately, unless free shipping is promised. More details can be found under a correspondingly designated button on our website or in the respective offer.
(3) If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
(4) Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was arranged outside the European Union.
(5) The payment options shown under a correspondingly designated button on our website or in the respective offer are available to you. Insofar as no other payment deadline is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.
(6) Unless otherwise agreed, payment for course bookings must be made at the latest on the course date on site before the start of the course, otherwise there is no entitlement to participation.
§ 7 Right of retention, reservation of proprietary rights
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will be shipped only after we have received the full purchase price and shipping costs.
(2) If, contrary to expectations, a product you ordered is not available despite the timely conclusion of an adequate hedging transaction for a reason for which we are not responsible, you will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment is made at your risk. If you wish, the shipment will be covered by an appropriate transport insurance, whereby the costs arising from this must be borne by you.
(4) Partial deliveries are acceptable and can be invoiced by us independently, provided that you are not charged with additional shipping costs as a result.
§ 8 Warranty
(1) The warranty period is one year from delivery of the item. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, body or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
§ 9 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
(4) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance as well as the place of jurisdiction shall be our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU.
II. Customer information
1. Identity of the seller
Laserscanning Europe GmbH
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the possibilities for correction, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 Contract language shall be English.
3.2 The complete contract text will not be stored by us. Before sending the order or the request, the contract data can be printed out or electronically saved using the print function of the browser.
These terms and conditions were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of adhortatory letters. You can find more information about this at: http://www.haendlerbund.de/agb-service.
Last update: 08. Sep 2020