General Terms and Conditions of Business of ABSee Laser – Florian Rotter for End Customers (Consumers as defined in Sec. 13 BGB [German Civil Code]

§ 1 Scope of Application

(1) Our offers, deliveries and services for end customers (consumers as defined in Sec. 13 BGB) are solely subject to these General Terms and Conditions of Business.

§ 2 Contract Conclusion

(1) The contract is entered into by offer and acceptance thereof.
(2) We can accept offers of the Customer as defined in Sec. 145 BGB (contracts, orders etc.) within 2 weeks.
(3) To the extent we offer services or present products on the internet, these are not legally binding offers for the conclusion of a contract but requests to the Customer to provide a corresponding offer (invitatio ad offerendum).

§ 3 Prices and Payment

(1) Our prices for end customers are in EUR including the statutory VAT and excluding the costs for packaging, transport and assembly.
(2) Our prices are due for payment immediately upon invoicing.
(3) For deliveries which, subject to the contents of the contract, take place more than 4 months after contract conclusion, we reserve the right to make reasonable price adjustments in connection with changed wage, material or sales costs.
(4) The assignment or pledging of claims or rights against us to which the Customer is entitled shall be excluded.
(5) The Customer may only perform offsetting against or assign counterclaims which have been determine in a legally valid manner or which are undisputed.
(6) Bills of exchange and cheques are only accepted for payment purposes.

§ 4 Delivery and Performance Period

(1) Delivery dates and delivery periods shall be agreed in written form.
(2) Commencement of the performance and delivery periods shall be subject to timely and proper fulfilment of the Customer’s obligations of which the performance of the service or delivery owed under the contract depends.
(3) If a binding assembly date on site is agreed upon with the Customer and if the Customer does not adhere to such date and if the Customer did not cancel or postpone the date no later than 24 hours in advance, we are entitled to invoice to the Customer 25% of the agreed or usual assembly compensation, subject to a right to claim further damages, unless the Customer can demonstrate that no or a lower damage was incurred by us.

§ 5 Retention of Title

(1) The goods shall remain our property until full payment of the purchase price

§ 6 Obligations of the Customer / Liability for Defects

(1) If the Customer engaged us for the performance of an assembly or repair, they shall ensure that we receive any information required for performance in a timely manner.
(2) We shall not assume any liability for defects regarding any damage resulting from inappropriate or improper use or assembly, non-compliance with application instructions or erroneous or negligent treatment. To the extent the lifetime of goods or parts thereof is shorter than the limitation period for defects to which we are subject, such shorter lifetime shall not represent a defect if it is contractually agreed upon or customary for objects of the same nature.
(3) For used goods, the limitation period for our liability for defects under commercial law shall be 12 months. In the case of a construction and objects which were used for a construction in accordance with their usual manner of use and caused defectiveness thereof, the statutory limitation period for claims for defects shall remain unaffected. The same shall apply to claims for damages from injuries to life, limb or health based upon a negligent violation of duties committed by us, our legal representatives or vicarious agents and to claims for damages for any other damage based upon a grossly negligent violation of duties committed by us, our legal representatives or vicarious agents.

§ 7 Liability

(1) The Customer’s claims for damages shall be excluded, unless they are claims for damages based upon injuries to the life, limb, health or claims for damages arising from the violation of essential contractual obligations or claims for damages based upon an intentional or grossly negligent violation of duties. Essential contractual obligations shall be such obligations the performance of which is required to achieve the contractual purpose.
(2) In case of a violation of essential contractual obligations by ordinary negligence, we shall only be held liable for any foreseeable damage typical to the contract. This shall not apply to claims for damages based upon injuries to life, limb or health.
(3) Apart from that, our liability for ordinary negligence shall be limited to the order value. The above exclusions of liability and limitations of liability shall also apply in favour of our vicarious agents.
(4) Applicability of the provisions of the Produkthaftungsgesetz [Product Liability Act] shall remain unaffected. General terms and conditions of ABSEE Laser for end customers (consumers as defined in Sect. 13 BGB)

§ 8 Packaging Regulations

(1) In accordance with the provisions under the Packaging Regulation, we are obliged to take back packaging materials of our products which do not bear a symbol of a system of comprehensive disposal (e.g. “Green Point”) free of charge and to take care of recycling or disposal thereof. Of course, we meet such obligation and take back such packaging free of charge. For a more detailed clarification of the return which is free of charge for the Customer, we kindly ask the Customer to contact us. Then, we will name a municipal collection point or a disposal company in the Customer’s vicinity which accepts the packaging free of charge. If this is not possible, you have the option to send the packaging to us.
(2) We participate in the dual system of Landbell AG with the customer number 4145179.
(3) Our registration number at Stiftung Zentrale Stelle Verpackungsregister is DE1652056372138-V.

§ 9 Miscellaneous

(1) The contractual relationships between us and the Customer shall be subject to the laws of the Federal Republic of Germany. Applicability of the UN sales law shall be excluded.
(2) Such choice of law shall only apply to the extent the protection granted is not withdrawn by mandatory provisions under the law of the state of the Customer’s habitual residence.

Right of revocation

You can revoke your contractual declaration within two weeks in text form (e.g. letter, fax, e-mail) without stating reasons or – if the contractual object is provided to you before expiry of such period – by return of the object. The time period shall commence after receipt of this information in text form, however, not before receipt of the goods by the recipient and not before fulfilment or our information obligations under Sec. 312 c para. 2 BGB in connection with Sec. 1 para. 1, 2 and 4 BGB-InfoV [BGB Information Obligations Regulations]. To comply with the revocation period, timely dispatch of the notice of revocation or of the object shall suffice. The notice of revocation shall be sent to: ABSee-Laser – Florian Rotter, Rolandstrasse 71-75, 87437 Kempten (Allgäu).

Consequences of a revocation

In case of a valid revocation, the services received by both contractual parties shall be returned and any benefits obtained therefrom (e.g. interest) shall be handed out. If you cannot return the service received to us in full or in part or if this is only possible in a deteriorated state, you may be obliged to provide us with value replacement. In case of provision of objects, this shall not apply if the deterioration of the object is only due to an examination thereof – as would be possible for you in a retail shop, for example. Apart from that, you can avoid the obligation for value replacement for a deterioration of the object caused by proper use of the object by refraining from using the object as your property and refraining from any acts affecting the value thereof.
Objects which can be returned as parcel shall be returned to us at our risk. You shall bear the costs of the return shipment if the goods delivered are in accordance with the goods ordered and if the price of the goods to be returned does not exceed an amount of EUR 40 or if, in case of a higher price of the object, you have not yet performed a consideration or a contractually agreed partial payment at the point in time of revocation. Apart from that, the return shall be free of charge for you.
Objects which cannot be sent as parcel will be picked up from you. Obligations to refund payments have to be fulfilled within 30 days. The time period shall start running for you upon dispatch of your notice of revocation or of the objects, for us upon receipt thereof.

Special instructions

In the case of a service, your right of revocation shall expire early if we, acting upon your express consent, start performance of the service or if you arrange for such performance yourself before the end of the revocation period.