- These terms and conditions apply to all orders placed on the online store of
Beosar UG (haftungsbeschränkt)
CEO: Christopher Hannusch
- The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
- Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
- Contract language is English or German, based on the customer's choice.
- You can retrieve and print the currently valid terms and conditions on the website https://www.beosar.com/tos_shop.
§ 2 Conclusion of Contract
- The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
- Click on the button "Buy now" to submit a binding offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
- Only by unlocking the content or providing a link the contract is concluded.
§ 3 Prices
- Prices quoted on the product pages include VAT and other price components.
§ 4 Terms of payment; Default
- Payment can be made by credit card, Paypal, Sofortüberweisung or direct debit.
- We are responsible for the selection of the available payment methods. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk only in advance.
- If paying by credit card, the purchase price will be reserved on your credit card at the time of order (authorization). The actual charge on your credit card account will be at the time we ship the goods to you.
- When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be executed automatically by PayPal immediately thereafter.
- If you pay by direct debit, you may be required to bear any costs incurred as a result of a chargeback of a payment transaction due to a shortage of funds or due to incorrectly transmitted bank details.
- If you default on a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
§ 5 Set-off / right of retention
- You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
- You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
- Unless otherwise agreed, the delivery of the goods takes place by providing a link. It can be operated by you and starts the download on the storage medium of your choice.
- It is the customer's responsibility to provide suitable software that allows the proper opening, editing and printing of files and content.
§ 7 Right to cancel
In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right to cancel in accordance with the following provisions.
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right to cancel, you must contact us
Beosar UG (haftungsbeschränkt)
Telephone: +49 (0) 331 96587176
Fax: (not available)
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached example withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to us without delay and in any case no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Example withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
Beosar UG (limited liability)
Telephone: +49 (0) 331 96587176
Fax: (not available)
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
End of the cancellation policy
- The right to cancel does not apply to
- Delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer or
- on delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
- A right of revocation expires in accordance with § 356 Abs. 5 BGB in a contract for the delivery of digital content not on a physical medium, if the entrepreneur has started to execute the contract after the consumer has expressly agreed that the entrepreneur begins with the execution of the contract before the expiry of the period of revocation and has confirmed his knowledge of the fact that he loses his right of revocation by his consent with the beginning of the execution of the contract.
§ 8 Warranty
- Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the sales law (§§ 433ff. BGB).
- If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods - in deviation from the statutory provisions - is one year. This restriction does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
- For the rest, the statutory provisions, in particular the two-year limitation period, apply to the warranty. § 438 para. 1 no. 3 BGB.
- If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
- For the condition of the goods only our own data and the product description of the manufacturer are binding, not however public praises and statements and other advertisement of the manufacturer.
- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days after receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
- In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
- The warranty period is one year from delivery of the goods.
§ 9 Liability
- Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
- In addition, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies to our vicarious agents.
§ 10 Copyright and Rights of Use
- All digital content provided by the seller is copyrighted.
- The customer acquires a time-unlimited, simple, non-transferable right of use exclusively for non-commercial use. The customer is granted no exploitation rights. In particular, he may not distribute the titles acquired either in digital form or in printed form, in whole or in part (§ 17 UrhG), make them publicly available (§ 19a UrhG) or pass them on to third parties in other forms. The right to reproduce (§ 16 UrhG) is limited to acts of reproduction that are exclusively for personal use.
- The granting of rights of use by the seller is subject to the condition precedent of the full purchase price payment.
- The user is not authorized to remove copyright notices, trademarks or other legal reservations from the goods.
- The seller may individually personalize downloadable digital content with visible and invisible markings to enable discovery and legal prosecution of the original customer in case of misuse.
- In the case of unauthorized use of the digital content by the buyer or a third party, the buyer undertakes to pay a contractual penalty for each infringement to be determined by us in due discretion and in case of dispute.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/. We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.
§ 12 Final provisions
- Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
- Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you normally reside, remain untouched by the choice of law.
- Are you a merchant, legal entity under public law or special fund under public law, our place of business is the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.
As of May 2019
Copyright (based on German version):
HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org
Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4