+49 (0) 228 979 67 0 info@beyond-red.de

Free delivery within Germany

beyondRED® PRO Low Level Lasertherapie Gerät

Terms and Conditions

General terms and conditions

§ 1 General

(1) For the business relationship between beyondRED GmbH, An der Eickesmühle 7, 41238 Mönchengladbach, telephone number +49 (0) 2166 6788310, e-mail address. info@beyond-red.de (hereinafter referred to as "beyondRED") and the contractual partner or visitor of the website www.http://beyond-red.de (hereinafter referred to collectively as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order via the online store www.http://beyond-red.de (hereinafter the "Online Shop"). Any deviating terms and conditions of the Customer shall not be recognized by beyondRED unless beyondRED has expressly agreed to their validity in writing. The GTC of beyondRED shall also apply if beyondRED accepts the performance without reservation or does not object to the inclusion of the Customer's terms and conditions in the knowledge that they are contrary to or deviate from its terms and conditions.

(2) beyondRED shall be entitled to unilaterally amend these GTC to the extent that this is necessary for the elimination of equivalence disruptions that arise subsequently or for the adaptation to changed legal or technical framework conditions. beyondRED shall inform the Customer of any amendment by sending a notification of the content of the amended provisions to the Customer's last known e-mail address. The amendments shall become part of the contract if the Customer does not object to their inclusion in the contractual relationship in text form to beyondRED within six weeks after receipt of the notification of amendment. The termination rights of both parties remain unaffected.

(3) "Consumer" within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The regulations under § 2 on the conclusion of the contract apply to orders placed via our online store at http://beyond-red.de.

(2) The presentation of the products in the online store of beyondRED under http://beyond-red.de do not constitute a legally binding offer, but a purchase offer to the customer and an invitation to order (invitatio ad offerendum).

(3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:

  1. Selection of the desired goods,
  2. Adding the products by clicking the appropriate button (e.g. "Add to cart", "Add to shopping bag" or similar),
  3. Checking the information in the shopping cart,
  4. Calling up the order overview by clicking on the corresponding button (e.g. "Continue to checkout", "Continue to payment", "To order overview" or similar),
  5. Entry/verification of address and contact details, selection of payment method, confirmation of GTC and cancellation policy,
  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
  7. Completion of the order by pressing the button "Buy now". This constitutes your binding order.
  8. The contract is concluded when you receive an order confirmation from us within three working days to the specified e-mail address.

(4) Before placing the order, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, in part automatically. We do not store the contract text after conclusion of the contract.

(5) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.

(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. 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 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of contracts with beyondRED is the purchase of goods. The specific goods offered can be found on our product pages. Manuals and flyers can also provide information about the properties of the products offered.

(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.

§ 4 Storage of the contract text for contracts with consumers

The contractual terms and conditions with details of the ordered product, including these GTC and the cancellation policy, will be sent to the customer by e-mail upon acceptance of the contractual offer or upon notification thereof and will be available to the customer during the term of the contract in the internal login area of the website. http://beyond-red.de zur Verfügung. Eine Kopie der Vertragsbestimmungen wird unter Wahrung des Datenschutzes gespeichert.

§ 5 Prices, shipping costs and delivery

(1) The prices quoted by the Seller include the applicable statutory value-added tax and are final prices plus any additional shipping costs. The costs for packaging and shipping are shown separately on the website "Terms of delivery and payment".

(2) In principle, the respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.

(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: 3-4 business days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Germany, Denmark, Estonia, Finland, France, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Slovakia, Slovenia, Czech Republic, Hungary.

(6) Possible customs duties or local taxes must be borne by the buyer.

§ 6 Payment options

In principle, we offer the payment methods credit card, invoice, Paypal, Klarna, Giropay and Apple Pay. We reserve the right to offer you only certain payment methods for the requested delivery, for example, to hedge our credit risk only those according to the respective credit rating.

a) Credit card

When you place your order, you also provide us with your credit card details.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.

b) Invoice

In case of purchase on account, you will be informed about the due date of the purchase price on the order overview page before the conclusion of the contract. You agree that you will receive invoices and credit notes exclusively in electronic form.

c) PayPal

If you choose the payment method PayPal, you pay the purchase price via the payment service provider PayPal (Europe) S.à r.l. et S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

If you already have a PayPal account with PayPal, you will be redirected to PayPal and must confirm the payment to the seller after entering your access data for the PayPal account. The corresponding terms of use of PayPal can be viewed under the following link: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

If you do not have a PayPal account, the payment can be made after redirection to PayPal via the function "Payments without PayPal account". The corresponding terms of use for payments without a PayPal account can be viewed at the following link: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

d) Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

  • Invoice: The payment term is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. You can find the invoice terms here.
  • Installment purchase: With the financing service of Klarna you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. For more information about the installment purchase, including the General Terms and Conditions and the European standard information for consumer credit, please see here.
  • Immediately: Your account will be debited immediately after you place your order.

More information and Klarna's terms of use can be found here. You can get general information about Klarna here. Your personal data will be processed by Klarna in accordance with the applicable data protection provisions and as specified in Klarna's Privacy Policy behandelt.

e) Giropay/Paydirekt

When paying via paydirekt, your payment data is transmitted to paydirekt GmbH as part of the payment processing. The payment data (e.g. payment amount, details of the payee) and the participant's confirmation as to whether the payment data is correct are collected, processed and transmitted to the bank by paydirekt GmbH in order to carry out the paydirekt payment. paydirekt GmbH authenticates the payment using the authentication procedure stored for the participant. The bank authorises the payment with the involvement of paydirekt GmbH vis-à-vis the merchant. paydirekt GmbH collects and stores the transaction data of paydirekt payments. The transaction data includes the transaction reference and the transaction ID as well as information on the shopping basket, which paydirekt GmbH receives from the merchant if the merchant supports this. They enable paydirekt GmbH and the bank to identify and reference the transaction at a later date (e.g. in the case of refunds) so that it is possible to allocate the transaction to the respective customer. For the processing of refunds, transaction data is transmitted from paydirekt GmbH to the bank. You can find more information in the paydirekt privacy policy at: https://www.paydirekt.de/agb/index.html

f) Apple Pay

To pay online with Apple Pay, you need an Apple device, an Apple ID and a credit card. By selecting the "Buy with Apple Pay" or "Apple Pay" field, the debit or credit card holder will be guided into the payment process and you will have the opportunity to correct or enter billing information, shipping information and contact information. To complete the payment, you will be asked to confirm the payment using biometric recognition or passcode entry. Data processing within Apple Pay is generally governed by the terms of use and data protection provisions of the data controller within the meaning of data protection law. The data controller within the meaning of data protection law is Apple Inc. with its registered office in Cupertino, USA.

§ 7 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.

§ 8 Offsetting restriction

The debtor may only set off claims against beyondRED to the extent that its claims are undisputed or have been legally established. Counterclaims from the same contractual relationship are also excluded from the offsetting restriction. Not included in this offsetting restriction are the customer's claims for reversal after revocation of the contract.

§ 9 Right of withdrawal

As a consumer, you are entitled to a statutory right of withdrawal. This is governed by our Cancellation policy.

§ 10 Liability

(1) beyondRED shall be liable for intent and gross negligence. Furthermore, beyondRED shall be liable for the negligent breach of obligations the fulfilment of which is a prerequisite for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the Customer may regularly rely on. In the latter case, however, beyondRED shall only be liable for the foreseeable damage typical for the contract. beyondRED shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

 

(2) The above exclusions of liability shall not apply in the event of injury to life, limb and health and insofar as beyondRED has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply insofar as beyondRED and the Customer have reached an agreement on the quality of the item. Liability under the Product Liability Act remains unaffected.

 

(3) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, beyondRED is not liable for the constant and uninterrupted availability of its website.

 

(4) The above restrictions also apply in favour of the legal representatives and vicarious agents of beyondRED if claims are asserted directly against them.

§ 11 Contractual language

Only German is available as the contractual language.

§ 12 Warranty

(1) beyondRED shall be liable for material defects and defects of title of the delivered goods in accordance with the statutory provisions, in particular §§ 434 et seq. BGB.

(2) The following applies only to entrepreneurs: The customer shall carefully inspect the goods immediately after delivery. The delivered goods shall be deemed approved by the Customer if a defect is not notified to beyondRED (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of the defect. Within the scope of subsequent performance beyondRED may choose between rectification of the defect or delivery of goods free of defects; this choice may only be made by notification in text form to the Customer within three working days after receipt of the notification of the defect. The warranty period is one year and begins with the delivery of the goods.

(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on the existence of your statutory warranty claims.

§ 13 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed his order as a consumer and does not have his habitual residence in Germany at the time of his order, the application of mandatory legal provisions of the state in which the customer has his habitual residence shall remain unaffected by the choice of law made in sentence 1.

(2) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Frankfurt am Main shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(3) Customers who are consumers are advised of the following: Consumers also have the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No 524/2013 in addition to the ordinary legal process. Details can be found in Regulation (EU) No 524/2013 and at the internet address: http://ec.europa.eu/consumers/odr/. Die E-Mail-Adresse der beyondRED lautet: info@beyond-red.de beyondRED weist nach § 36 VSBG darauf hin, dass sie nicht verpflichtet ist, an einem außergerichtlichen Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.

§ 14 Final clauses

(1) The terms and conditions written here are complete and final. Amendments or supplements to these terms and conditions are only effective if they are agreed in writing. This also applies to an amendment of this written form clause. Notwithstanding the above, informal amendments or additions to these Terms and Conditions shall also be effective if they are individual agreements within the meaning of Section 305b of the German Civil Code (BGB). In order to avoid ambiguities or disputes between the parties about the respective agreed content of the contract, these individual agreements must be subsequently recorded in writing.

(2) Should individual provisions of these terms and conditions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The following shall apply vis-à-vis entrepreneurs: The invalid or unenforceable provision shall be replaced by the contracting parties by mutual agreement by a legally valid or enforceable provision which comes as close as possible to the economic sense and purpose of the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event of loopholes.

Status: 03 August 2022

en_GB