Standard Business Terms and customer information

I. General Terms and Conditions

§ 1 Basic regulations

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Laserscanning Europe GmbH) via the website shop.laserscanning-europe.com. Unless otherwise agreed, we do not accept any terms and conditions of your own that you may use.

(2) We only offer our products for sale if you are a natural or legal person or a business partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the legal transaction (entrepreneur). A conclusion of contract with consumers is excluded.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods.

(2) Upon placing the respective product on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the terms and conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are added to the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Proceed to checkout" and entering the personal data as well as the payment and shipping details, the order data will be displayed in the form of an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be indicated to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before sending the order, you have the chance to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("Buy now"), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
 
(4) Your requests for a quote are non-binding for you. We will submit a binding quote to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective quote).

(5) 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 regarding courses

(1) The subject of the contract is the implementation of courses.
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 conditions stated in the respective course description.

(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are added to the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Proceed to checkout" and entering the personal data as well as the terms of payment, the order data will finally be provided to you in the form of an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be indicated to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before sending the order, you have the chance to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("Buy now"), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(3) Your requests for a quote are non-binding for you. We will submit a binding quote to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective quote).

(4) 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.

§ 4 Service provision for courses and live online courses

(1) The execution of the courses in the form described in the respective offers takes place on the agreed dates. The execution of the courses and the communication of the contents is the provision of a service, whereby a concrete success is not owed.

(2) In the event of cancellation of an individual event due to short-term absence of the course instructor due to illness or other important reason, the services already provided will be refunded immediately.
In the case of events consisting of several event dates, the cancelled date will be made up on an alternative date if the instructor is absent at short notice due to illness or other important reason.

(3) The online courses may be conducted using a video conferencing tool from a third-party provider. Detailed information on the execution of the respective online course using a video conferencing tool, the technical and other requirements necessary for this, including the necessary cooperation on your part, will also be provided in the course description, in the booking process and/or in the e-mail notifications sent by us or, if applicable, by the provider of the video conferencing tool after the booking.
In any case, you will need Internet access, a common browser, and a computer, laptop, tablet, or cell phone that has a camera and microphone.

You are required to register as a participant in good time before the start of the course and to log in via the participation link in good time for the booked event date. Please note that your user name may be visible to other simultaneous participants of the online course.

(4) In connection with the use of course rooms and objects, you must comply with the locally displayed house rules. You must comply with our instructions or the instructions of the course instructor.

§ 5 Substitute participant

You can name a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.

§ 6 Cancellation of events

(1) If the customer cancels agreed services less than three working days before the start of the event, Laserscanning Europe GmbH shall be entitled to demand a lump sum for expenses in the amount of 50% of the remuneration set for the canceled event.

(2) If the customer cancels agreed services less than 24 hours before the start of the event, Laserscanning Europe GmbH shall be entitled to demand 80% of the remuneration set for the canceled event.

(3) The customer shall have the right to prove that Laserscanning Europe GmbH has incurred no or significantly lower expenses as a result of the cancellation.

§ 7 Cancellation of events

(1) If the customer cancels agreed services less than three working days before the start of the event, Laserscanning Europe GmbH shall be entitled to demand a lump sum for expenses in the amount of 50% of the remuneration set for the canceled event.

(2) If the customer cancels agreed services less than 24 hours before the start of the event, Laserscanning Europe GmbH shall be entitled to demand 80% of the remuneration set for the canceled event.

(3) The customer shall have the right to prove that Laserscanning Europe GmbH has incurred no or significantly lower expenses as a result of the cancellation.

§ 8 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 can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.

(3) Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you if the payment was initiated outside the European Union.

(4) The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.

(5) Insofar as no other payment period has been agreed or is shown on the invoice, the payment claims arising from the contract concluded shall be due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.

§ 9 Terms of delivery

(1) The delivery conditions, the expected delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our Internet web site or 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 not be dispatched until we have received the full purchase price and shipping costs.

(2) If, contrary to expectation, a product ordered by you is not available despite the timely conclusion of an adequate covering 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) The shipment takes place at your risk. If you wish, the shipment will be carried out with an appropriate transport insurance, whereby the costs arising from this are to be borne by you.
 
(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not burdened with additional shipping costs as a result.

§ 10 Special agreements on payment methods offered

(1) Credit assessment
If we make advance payments, e.g. payment by invoice or direct debit, your data will be passed on to Creditreform Magdeburg Harland KG, Große Diesdorfer Str. 52, 39110 Magdeburg, Germany, for the purpose of credit assessment on the basis of mathematical-statistical methods in order to protect our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.

(2) Payment by SOFORT / Immediate transfer
If you choose the payment method SOFORT / Immediate bank transfer, the payment will be processed by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). Prerequisite for the use of the payment method by SOFORT is that you have an online banking account activated for this purpose. During the payment process in the context of the order you have to legitimize yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. You can find more information about SOFORT at https://www.klarna.com/sofort/.
 
(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our Internet web site as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(4) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, "Stripe" may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de.

§ 11 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) The goods shall remain our property until the purchase price has been paid in full.

(3)  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 is not permitted.

(4) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the sum of the invoice amount accruing to you from the resale, 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.

(5) If the reserved goods are combined and mixed, 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.

(6) We undertake to release the securities to which we 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 incumbent upon us.

§ 12 Warranty

(1) For new goods, the warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:

  • for culpable damage attributable to us arising from injury to life, limb 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 for a building in accordance with their customary use 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) The warranty is excluded for used items. The exclusion of warranty shall not apply

  • for culpable damage attributable to us resulting from injury to life, limb 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.

(3) 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.

(4) In the event of defects, we shall provide warranty at our discretion 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, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance.

§ 12 Applicable law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but 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 or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.


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II. Customer information

1. Identity of the seller

Laserscanning Europe GmbH
Gustav-Ricker-Str. 62
39120 Magdeburg
Germany
Phone: 03916269960
Mail: shop@laserscanning-europe.com


2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract and the conclusion of the contract itself take place in accordance with § 2 of our General Terms and Conditions (Part I).

3. Contract language, storage of contract text

3.1. The contract language is English.

3.2. The complete text of the contract shall not be stored by us. Before sending the order or request, the contract data can be printed out or electronically saved using the browser's print function.
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/en/services/legal-texts.

last update: 17.04.2023