English translation of the German GTC (AGB). Errors and mistakes are reserved.
1.1 The following General Terms and Conditions (Allgemeine Geschäftsbedingungen - AGB) contain legal information concerning your rights in accordance with the regulations covering distance selling contracts and electronic trading.
For the business relationship between BEIER-Electronic and the customer, the following general terms and conditions apply, in their version valid at the time of the order. We do not accept any terms and conditions of the customer, which are contrary to our general terms and conditions, even if we carry out the order.
1.2 Our information and offers regarding the devices and product descriptions are subject to change and non-binding. Misprints and errors are reserved. We reserve the right to make changes in design in the interests of continuous technical development and improvement of the products. This also applies to changes which serve to maintain the ability to deliver. This can also lead to price changes.
2. Contract conclusion
2.1 By placing an order on the Internet, sending a written order outside the Internet or by telephone, the customer submits to BEIER-Electronic an offer to conclude a purchase contract. The acceptance of the order will be effected in case of advance payment by sending the order confirmation by e-mail. For other forms of payment the order confirmation does not constitute a contract acceptance, but the dispatch of the goods within 10 days.
2.2 For checking, repair (if possible) and shipping of a module we charge a fee depending on the workload. By sending the module back to us, the customer accepts the paid checking and repair.
3. Right of cancellation
The purchaser, if he is a consumer within the meaning of § 13 BGB, has the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which the purchaser or a third party designated by him, who is not the carrier, has taken possession of the goods.
In order to cancel the contract, the purchaser must inform us (BEIER-Electronic, Winterbacher Straße 52/4, 73614 Schorndorf, www.beier-electronic.de) by means of a clear statement (e.g. a letter or e-mail) about his decision to revoke this contract. The customer can use the following sample revocation form, but this is not mandatory.
Sample of cancellation form
Winterbacher Straße 52/4
Tel.: +49 (0)7181/46232
Fax: +49 (0)7181/45732
I hereby revoke the contract for the purchase of the following goods:
Name of consumer:
Address of consumer:
The customer can fill out the sample and submit it to us. If the purchaser makes use of this possibility, we shall immediately confirm the receipt of such a revocation by e-mail. In order to maintain the period of revocation, it is sufficient for the purchaser to send the clear statement before the end of the revocation period.
Consequences of withdrawal
If the customer revokes this agreement, we will have to refund all the payments we have received from him (except for additional costs resulting from a different delivery than standard) within a period of fourteen days after receiving the clear statement of revocation. For repayment we will use the same payment method than the customer has used in the original transaction.
The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
A cancellation right shall not exist for goods, which have been produced according to customer specifications or have been customised to his personal requirements.
The goods that can be shipped in a package must be sent to us at your own risk and expense, if the supplied goods correspond to the ordered goods.
Before you returning devices with storage media, please note the following: The customer is responsible for saving the data contained on the storage medium. Please make backup copies or delete personal data. This is particularly important when personal data of third parties are stored. If a deletion is not possible due to a defect, we ask you to mention explicitly the existence of personal data. Please clearly state this on the returning parcel.
4. Prices and payment terms
4.1 The prices are valid at the time of the order. The prices shown in the online shop include the legal German VAT. A rise of VAT leads to higher prices.
4.2 In addition to the single gross price / total gross price, all additional costs (for example the VAT rate) are listed on the invoice.
4.3 The current prices can be found at www.beier-electronic.de/modellbau.
4.4 Payment is only possible by advance payment, either by transfer to our bank account or via PayPal.
Deliver / replacement / partial delivery
5.1 Our deliveries always are subject to correct and timely delivery by our suppliers and on-time arrival of goods. Compensation, even in case of late or incomplete delivery, is excluded, as far as no gross negligence exists.
In case of non-availability, we will notify you as soon as we have a date of confirmation. We reserve the right to send you equivalent goods in terms of price and quality. Should a product no longer be available or is no longer available for legal reasons BEIER-Electronic has the right to withdraw from the contract.
If an article should not be available at short notice, we decide after our choice whether we will do an expenses-free subsequent delivery or we will mark the article as "please order new" in the invoice.
5.2 Partial deliveries are independent deliveries. The customer is not entitled to reject them.
5.3 Transport damages: In case of visible transport damage, you have the possibility to refuse the parcel. If you detect a damage after acception of the parcel please contact your local freight carrier in order to record the damage within three days. Please send the written and signed record to us, in order to arrange the replacement.
Retention of title
The good remains the property of BEIER-Electronic, Winterbacher Str. 52/4, 73614 Schorndorf-Weiler until full payment.
7.1 We warrants that the delivered goods are free of material defects and defects of title at delivery. All products have in particular those warranted characteristics arising from instructions in your order.
7.2 When selling new goods, the statutory warranty provisions of the German Civil Code (BGB) apply. If the purchase is a commercial transaction for both parts, the provisions of the HGB remain unaffected.
7.3 If the client is an entrepreneur in terms of § 14 BGB (German Civil Code), the warranty period is 12 months from delivery.
8.1 In case of data loss, BEIER-Electronic can not be held responsible. The customer is responsible for his own data.
8.2 Any liability for damage due to minor negligence is excluded.
8.3 Insofar as BEIER-Electronic is also liable for minor negligence, the liability of the amount is limited to contractual, foreseeable damages.
8.4 Unless the liability of BEIER-Electronic is excluded or limited, this also applies to the liability of legal representatives, employees and fillers of BEIER-Electronic.
8.5 The above mentioned regulations give the full scope of liability of BEIER-Electronic, its management, and its employees. Any further liability is excluded.
9.1 The data required for the business processing are stored in our IT for a fast order processing in accordance with the provisions of the "Bundesdatenschutzgesetzes" as well as the "Teledienstdatengesetzes".
9.2 If it is unavoidable for example in case of a complaints processing to forward personal data, carrier and producers are also obliged to handle personal data according to the "Bundesdatenschutzgesetzes". BEIER-Electronic can neither restore the data nor clear the data before forwarding it.
10.1 Insofar as the customer is an entrepreneur within the meaning of § 14 BGB, the place of fulfillment and place of performancefor of all services is Schorndorf.
10.2 Multiple submitted orders, must be clearly marked, otherwise the services are executed twice. In such cases no costs will be borne by us.
10.3 The contract language is German.
11. Applicable Law and Jurisdiction
11.1 German law applies to the exclusion of the UN purchase law.
11.2 The exclusive court of jurisdiction is Schorndorf or any other legal venue at the discretion of BEIER-Electronic, insofar as the customer is a merchant under the HGB or a corporation under public law.
Address for receiving loads: