1) Scope of application
1.1 These General Terms and Conditions of Sale (hereinafter referred to as GTC) of the company Beatsign.com (hereinafter referred to as the "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as the "Customer") and the Seller in connection with all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless other terms have been stipulated.
1.2 These GCS relating to contracts for the supply of goods presented by the Seller in its printed catalogue shall apply accordingly, unless expressly agreed otherwise.
1.3 For contracts relating to the delivery of vouchers, these General Terms and Conditions shall apply, unless expressly agreed otherwise.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is neither primarily a commercial nor a self-employed professional activity. A trader according to these GTC is any natural or legal person or company with legal capacity acting in the exercise of a commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of the contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated in the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and having gone through the ordering process, and by clicking on the button ending the ordering process, the Customer submits a legally binding contract offer with respect to the goods and/or services contained in the virtual basket. The Customer may also submit his offer to the Seller by telephone or e-mail.
2.3 In the case of ordered goods shown in the Seller's printed catalogue, the Customer may submit his offer by telephone, fax, e-mail or post. For this purpose, the Customer may fill in the order form attached to the Seller's printed catalogue and send it to the Seller.
2.4 The Seller may accept the Client's offer within a period of five days.
- by transmitting a written order confirmation or a written order confirmation (fax or e-mail), insofar as the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, insofar as the receipt of the goods by the Customer is decisive, or
- requesting the Customer to pay after placing the order.
The contract shall be concluded at the time when one of the aforementioned alternatives occurs for the first time. If the Seller does not accept the Customer's offer within the aforementioned period, he shall be deemed to reject the offer, with the effect that the Customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after dispatch of the order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has created a user account in the Seller's online shop before submitting his order, the order data will be stored on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by specifying the relevant access data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize input errors by carefully reading the information displayed on the screen. The use of the browser's magnification function to increase the display on the screen can be an effective method of better recognizing input errors.
The Customer can correct all the data entered using the usual keyboard and mouse function during the electronic ordering process, until he/she presses the button that completes the ordering process.
2.7 The Spanish and English languages are available exclusively for the conclusion of the contract.
2.8 Order processing and contact is normally carried out by email and automated order processing. It is the Customer's responsibility to ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, it is the Customer's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the processing of the order can be delivered.
3) Right of withdrawal
3.1 Consumers have the right of withdrawal.
3.2 Detailed information on the right of withdrawal is contained in the Seller's instructions on withdrawal.
3.3 The right of withdrawal does not apply to consumers who are not nationals of a Member State of the European Union at the time of conclusion of the contract and whose exclusive place of residence and delivery address is outside the European Union at the time of conclusion of the contract.
4) Prices and payment terms
4.1 Unless otherwise stated in the product descriptions, the prices quoted are total prices and include the statutory value added tax. Possible additional delivery and shipping costs are specified separately in the respective product description.
4.2 Payment can be made by one of the methods mentioned in the Seller's online shop.
4.3 In case of shipment to countries outside the European Union, additional costs may occur in individual cases for which the Seller is not responsible and which must be borne by the Customer. This includes, for example, transfer fees charged by banking institutes (transfer fees, exchange fees) or import duties or taxes (customs). Such additional costs in connection with the transfer of money may also be incurred, if the Customer carries out the payment from a country outside the European Union, even if the delivery does not take place in a country outside the European Union.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Shipping and delivery conditions
5.1 The goods are generally delivered on the shipping route and to the delivery address indicated by the Customer, unless otherwise agreed. In the case of an order placed via the Seller's online order form, the delivery address indicated on the online order form shall be decisive.
5.2 If the assigned transport company returns the goods to the Seller, because delivery to the Customer has not been possible, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply, if the Customer exercises his right of withdrawal effectively, if delivery cannot be made due to circumstances beyond the Customer's control, or if he has been temporarily prevented from receiving the service offered, unless the Seller has given the Customer reasonable notice of the service.
5.3 In case the Customer is a merchant, the risk of accidental destruction and accidental deterioration of the goods sold shall pass to the Customer upon delivery of the goods to the forwarder, carrier or other person or institution appointed with the task of carrying out the shipment. In case the Customer is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Customer at the time of delivery of the goods to the Customer or to an authorised consignee. Contrary to the above, even in the event that the Customer is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Customer at the time of delivery of the goods to the transport agency, carrier or other person or institution appointed with the task of carrying out the shipment, if the Customer has instructed the transport agency, carrier or other person or institution appointed with the task of carrying out the shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.
5.4 The Seller reserves the right to terminate the contract in the event of incorrect or inadequate self-supply. This only applies if the Seller is not responsible for the non-supply and if it has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In the event of non-availability or partial availability of the goods, it shall inform the Customer and shall immediately grant the counter-performance.
5.5 Personal collection is not possible for logistical reasons.
6) Reservation of proprietary rights
If the Customer is a consumer, the Seller reserves the right of ownership of the delivered goods until full payment of the purchase price due.
6.1 If the Customer is a merchant, the Seller reserves ownership of the delivered goods until the fulfilment of all claims arising from the current business relationship.
6.2 If the customer is a merchant, he is entitled to resell the reserved goods in the course of regular business transactions. All claims resulting from such course of business against a third party shall be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid irrespective of whether the reserved goods are processed before or after resale or not. The customer remains entitled to collect the receivables even after the assignment. However, the seller shall refrain from collecting the receivables as long as the customer meets his payment obligations, is not in default and no application for the opening of insolvency proceedings has been filed.
If the object of purchase is defective, the statutory provisions shall apply. In contrast to these, the following shall apply:
7.1 For traders,
- a marginal defect will generally not constitute a warranty defect,
- the seller may choose the type of subsequent performance,
- for new goods, the limitation period for defects shall be one year from the passing of risk,
- for used goods, rights and claims for defects are generally excluded,
- the limitation period shall not start to run again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following restriction applies to used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects occurring within one year of delivery of the goods may be asserted within the statutory period of limitation.
7.3 The aforementioned limitations of liability and restrictions on limitation periods do not apply.
- to a product which has not been used, in accordance with its normal application, for the construction of buildings and which has been the cause of the defect in the building,
- to claims for damages and reimbursement of expenses by the Customer.
- If the Seller has fraudulently concealed the defect.
7.4 If the Customer is a consumer, the carrier must be notified immediately of any obvious transport damage and the Seller must be informed accordingly. In the event that the Customer does not comply with this, this shall not affect his legal or contractual claims for defects.
7.5 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and the deviating contractual conditions of the respective service provider shall apply.
Seller shall be liable to Customer for any contractual and quasi-contractual claims and for tort claims in respect of damages and compensation for effort as follows:
8.1 The Seller shall face unlimited liability irrespective of the legal ground.
- in case of intent or gross negligence,
- in case of injury to life, body or health resulting from intent or negligence,
- in case of a guarantee promise, unless otherwise stipulated,
- in the event of liability arising from mandatory statutory provisions, such as the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, the liability to pay damages shall be limited to the foreseeable damage which normally occurs, unless unlimited liability applies in accordance with the aforementioned Section. Essential essential contractual obligations are obligations which the contract imposes on the Seller according to its contents in order to fulfil the subject matter of the contract and the fulfilment of which is essential for the due and proper performance of the contract and on whose fulfilment the Customer can regularly rely.
8.3 In all other respects, the Seller's liability is excluded.
8.4 The aforementioned provisions on liability also apply to the Seller's liability in respect of its legal representatives and vicarious agents.
9) Special conditions for assembly / installation services
9.1 The Seller shall provide its services at its discretion, either itself or by qualified personnel selected by it. The Seller may also make use of the services of third parties (subcontractors) acting on behalf of the Seller. Unless otherwise stated in the description of the Seller's services, the Customer shall not be entitled to the selection of a specific person to perform the desired service.
9.2 The Customer shall provide the Seller with full and truthful information required for the provision of the service due, provided that obtaining such information is not within the Seller's obligations under the terms of the contract.
9.3 The Seller shall contact the Customer after conclusion of the contract to arrange a date with the Customer for the performance due. The Customer shall ensure that the Seller or personnel commissioned by the Seller has access to the Customer's premises at the agreed time.
9.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Customer until the assembly work has been completed and the goods have been delivered to the Customer.
10) Redeem campaign coupons
10.1 Coupons issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Customer (hereinafter referred to as "campaign coupons") can only be redeemed on the Seller's website. purchase and only within the time period indicated.
10.2 Campaign vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the coupon campaign, if such a restriction results from the conditions of the campaign coupon.
10.4 Campaign vouchers must be redeemed before the conclusion of the ordering procedure. Subsequent redemption is not possible.
10.5 In case of one order, several campaign coupons can be redeemed.
10.6 The value of the assets must be at least equal to the amount of the campaign bonus. The seller will not reimburse the remaining assets.
10.7 If the value of the campaign bonus is not sufficient for the order, the Customer may choose one of the remaining payment methods offered by the Seller to pay the difference.
10.8 The campaign voucher credit will not be redeemed for cash and is not subject to interest.
10.9 The campaign voucher will not be redeemed if the Client, in the context of his legal right of cancellation, returns goods paid in whole or in part for a campaign voucher.
10.10 The campaign voucher is transferable. The Seller may deliver the performance with discharge effect to the respective owner who redeems the campaign voucher in the online shop of the Seller. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of title, legal incapacity or missing right of representation with respect to the respective owner.
11) Applicable law
11.1 Spanish law shall apply to all legal relations between the parties to the exclusion of the laws governing the international purchase of goods. For consumers, this choice of law applies only to the extent that the protection granted is not revoked by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11.2 Furthermore, this choice of law with regard to the right of cancellation does not apply to consumers who are not nationals of a Member State of the European Union at the time of conclusion of the contract and whose exclusive domicile and delivery address is outside the European Union. at the time of conclusion of the contract.
12) Place of jurisdiction
The relationship between BEATSIGN and the USER will be governed by current Spanish legislation and any dispute will be submitted to the Spanish Courts and Tribunals.
Online consumer dispute resolution under Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
13) Alternative Dispute Resolution
13.1 The EU Commission provides the following link to the ODR platform on its website: https://ec.europa.eu/consumers/odr.
This platform will be an entry point for the out-of-court resolution of disputes arising from online sales and service contracts concluded between consumers and traders.
13.2 The Seller is neither obliged nor prepared to attend a dispute resolution procedure before an alternative dispute resolution entity.