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General terms and conditions of business

  1. General

  • 1.1 Scope of application
    These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all business relationships between us, BN Laser GmbH & Co. KG, Hohenzollernstraße 52, 75177 Pforzheim, and you. Should you use conflicting General Terms and Conditions, these are hereby expressly rejected.
  • 1.2 Contractual agreement
    The contract language is German. The option to display other languages ​​is for assistance purposes only.
  • 1.3 Conclusion of contract
    The contract is concluded individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry and receive a binding offer from us, which you can then accept within two weeks. The contract is concluded upon acceptance. We do not store the contract text separately; instead, the contract content arises individually from the agreement made.
  • 1.4 Your information
    We always carry out your order according to your information and do not check it for your specific application requirements. Before the order is carried out, you must inform us of or send us all information that may be necessary for your order (e.g. all relevant files and sketches), otherwise we cannot begin our service. We are not responsible for delays that are due to a lack of cooperation on your part. In this case, we reserve the right to claim the damages or additional costs incurred by us as a result of the delay.
  1. Delivery and performance
  • 2.1 General
    We offer a wide range of laser systems. In addition to selling our lasers, you can also have us carry out a wide variety of contract work using lasers.
  • 2.2 Provision of services
    We are entitled to have the contract or parts of the contract fulfilled by third parties.
  • 2.3 Partial deliveries
    We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
  • 2.4 Delivery and service delays We are
    not responsible for delivery and service delays due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a hedging transaction to this effect). They entitle us to postpone delivery for the duration of the hindering event.
  • 2.5 Withdrawal
    If the goods are not available for the reasons stated above, we may withdraw from the contract. We undertake to inform you immediately of the unavailability and to immediately reimburse you for any consideration already provided.
  • 2.6 Exclusion of delivery
    PO box addresses will not be delivered.
  • 2.7 Delay in acceptance
    If you are late in accepting the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.

  • 2.8 Service time
    Delivery times are generally agreed individually with you and can be found in the offer. Compliance with these times requires that all technical questions between the contracting parties have been clarified in advance. If this is not the case, the service or delivery period is extended to a reasonable period.

    Unless expressly agreed otherwise, we will deliver/provide the service within 14 days. The start of the delivery/service period is the day after the payment order is issued to the transferring bank in the case of advance payment or the day after the contract is concluded in the case of cash on delivery or purchase on account. The period ends on the following fourteenth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery/service, the period ends on the next working day.

  • 2.9 Storage costs
    If the dispatch or delivery of the goods is delayed at your request, we reserve the right to invoice you for the resulting costs (in particular storage costs).

3rd payment

  • 3.1 Prices and shipping costs
    All prices are inclusive of VAT for consumers and plus VAT for businesses. In addition, there are the costs for packaging and shipping, which are shown separately, unless you have agreed to collect the goods from our place of business or we deliver the goods to you free of charge. If you wish to make changes after the contract has been concluded, these must be requested and paid for separately.
  • 3.2 Default in payment
    You will be in default of payment if we do not receive payment within two weeks of receiving the invoice. In the event of default in payment, interest will be charged at a rate of 5 percentage points above the European Central Bank's base interest rate, or 9 percentage points above the European Central Bank's base interest rate for legal transactions in which a consumer is not involved. If you default on your payments, we reserve the right to charge reminder fees of EUR 2.50. You are not precluded from claiming additional damages. You have the option of proving that we have suffered no or less damage.
  • 3.3 Right of retention
    You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

  1. Cancellation policy for consumers in distance selling contracts

  • 4.1 Cancellation policy for goods
    Right of cancellation
    You have the right to cancel this contract within fourteen days without giving any reason.

    The cancellation period is fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods/the last goods.

    To exercise your right of cancellation, you must inform us (BN Laser GmbH&Co.KG, Hoheneichstraße 21, 75210 Keltern, telephone: 07231-7761456, fax: 07231-7761451, email: info@bn-laser.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form for this purpose, but this is not mandatory.

    To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

    Consequences of cancellation

    If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

    You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

    You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. - End of the cancellation policy -

  • Exclusion of the right of withdrawal
    The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, a right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

    Special information on the early expiration of the right of withdrawal
    For contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods was removed after delivery. For contracts for the delivery of sound or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal was removed after delivery.
  • 4.2 Cancellation policy for services

    Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason.

    The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must inform us (BN Laser GmbH & Co. KG, Hohenzollernstraße 52, 75177 Pforzheim, telephone: 07231-7761456, fax: 07231-7761451, email: info@bn-laser.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form for this purpose, but this is not mandatory.

    To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

    consequences of revocation

    If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

    If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

    - End of the cancellation policy -

    Special information on the premature expiry of the right of withdrawal
    Your right of withdrawal expires prematurely if we have fully provided the service and have only started to perform the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal if we fully fulfill the contract.

5. Your responsibility

  • 5.1 General
    You are solely responsible for the content and accuracy of the data and information you submit. The content must not violate applicable laws or these General Terms and Conditions. You also undertake not to submit any data whose content violates the rights of third parties (e.g. personal rights, name rights, trademark rights, copyrights, etc.).

    5.2 Indemnity
    You will indemnify us against all claims made against us by third parties due to such violations. This also includes reimbursement of the costs of necessary legal representation.

    5.3 Data backup
    You are jointly responsible for backing up the information you send. We cannot be held responsible for the loss of information you send, as we do not provide a general data backup guarantee.

    5.4 Obligation to cooperate
    You are obliged to provide the cooperation necessary for the contract so that we can carry out the contractual service.

    5.5 Form and handling of data
    Unless otherwise agreed, you must provide us with the information, sketches or data required for your order free of charge and in digital form. If you wish these documents to be returned, you must inform us in advance. If you do not inform us accordingly, we reserve the right to destroy or delete them or to archive them for our database.

    5.6 Notes
    You must always follow any instructions/notes provided regarding cleaning, storage and handling of the goods. We cannot therefore be held responsible for your incorrect behavior.

  1. Retention of title

6.1 General
If you are an entrepreneur, the goods, works and materials delivered by us remain our property until all current and future claims from the business relationship have been fully met. With consumers, only the product delivered from the specific contract remains our property until the purchase price has been paid in full. You must treat the items subject to retention of title with care at all times. You assign to us any claim or compensation that you receive for damage, destruction or loss of these items. Unless otherwise agreed below, you are not entitled to sell, give away, pledge or transfer as security the items delivered to you subject to retention of title.

6.2 Seizure and other impairments If the item subject to retention of title is seized or otherwise impaired by third parties, you must notify us immediately so that a lawsuit can be filed in accordance with Section 771 of the Code of Civil Procedure. If the third party is unable to reimburse the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, you are liable for the loss incurred by us.

6.3 Resale
If you are an entrepreneur, you are entitled to resell the reserved goods in the normal course of business. You hereby assign to us the buyer's claims from the resale of the reserved goods in the amount of the agreed final invoice amount (including sales tax). This assignment applies regardless of whether the purchased item was resold without or after processing. You remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the proceeds received, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been made or payments have been suspended.

6.4 Transformation, processing and treatment
If you are an entrepreneur, the transformation, processing or transformation of the purchased item is always carried out by you in our name and on our behalf. In this case, your expectant right to the purchased item continues to apply to the transformed item. If the purchased item is processed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the objective value of the purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that your item is to be regarded as the main item, it is agreed that you transfer proportionate joint ownership to us and keep the sole ownership or joint ownership thus created for us. To secure the claims against you, you also assign to us any claims that you have against a third party as a result of the combination of the reserved goods with a property; we hereby accept this assignment.

6.5 Return
If you act in breach of contract, in particular if you are late with payment, but also if you apply for insolvency proceedings against your assets, we are entitled to take back the item. In this case, taking back the item does not constitute a withdrawal from the contract unless we expressly declare this in writing.

6.6 Release of securities
If the value of the securities exceeds the value of the secured claims by more than 15 percent, we are obliged to release securities at your request.

6.7 Warranty

6.7.0 Warranty in sales contracts

6.7.0.1 Warranty claim
Statutory warranty rights exist. A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), provided that these changes are reasonable for you. Such reasonable reasons for changes can arise from normal commercial fluctuations and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights.

6.7.0.2 Warranty for consumers
The risk of accidental loss or deterioration of the goods sold only passes to you when the goods are handed over. If you notice that the outer packaging arrives damaged or if you notice damage after receiving the goods, we ask you to let us know. However, there is no obligation to do so, nor will failure to do so affect your warranty rights. If the goods are defective, you can request subsequent performance in the form of repair or replacement. If defects are not remedied even after two attempts at repair, you are entitled to withdraw from the contract or to a reduction in price.

6.7.0.3 Warranty for entrepreneurs
In contrast to the statutory warranty regulations, in the event of a defect, we will, at our own discretion, provide subsequent performance in the form of remedying the defect or delivering a new product. The risk of accidental loss or deterioration of the goods passes to you when the goods are handed over to the person designated for transport. Business owners must report obvious defects immediately and non-obvious defects immediately after discovery in writing; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The business owner bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint.

6.7.0.4 Rights in the event of an insignificant defect
In the event of an insignificant defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.

6.7.0.5 Compensation for defects
No warranty is provided for damages resulting from improper handling or use. The following exclusion of liability is expressly referred to.

6.7.0.6 Limitation period
The warranty for used goods is 1 year. If you are a business owner, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse under Section 478 of the German Civil Code. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.

6.7.1 Warranty for work contracts

6.7.1.1 Warranty claim
Statutory warranty rights exist. If the work is defective and you request subsequent performance, we can, at our discretion, remedy the defect or produce a new work. If defects are not remedied even after at least two attempts to remedy the defect, you are entitled to withdraw from the contract or reduce the price.

6.7.1.2 Rights in the event of an insignificant defect
In the event of an insignificant defect, you are only entitled to a reasonable reduction in the agreed remuneration, excluding the right of withdrawal.

6.7.1.3 Compensation for defects
No warranty is provided for damages resulting from improper handling or use. The following exclusion of liability is expressly referred to.

6.7.1.4 Transfer of risk
The risk of accidental loss or deterioration of the work shall only pass to you upon acceptance of the work within the framework of the warranty processing.

6.7.1.5 Notification
If you notice that the outer packaging arrives damaged or if you notice damage after receiving the goods, please let us know. However, there is no obligation to provide such notification, nor will failure to provide such notification affect the consumer's warranty rights.

6.7.1.6 Limitation period
Warranty claims expire within one year after the transfer of risk, unless it concerns the construction of a building or a work whose success is the provision of planning or monitoring services for this. In these cases, the limitation period is five years. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.

  1. Rights to catalogues, drawings and models

The contents of the catalogues, drawings, models and other documents created by us, including all authorized copies, are our material and intellectual property. The reprinting of the catalogues and drawings as well as the reproduction of the models, even in part, is only permitted with our consent.

  1. Liability

8.1 Information
Information about processing and application options for the goods we sell, as well as technical advice and other information, is provided to the best of our knowledge and belief. The exclusion and reservation of liability in the following regulations also apply in this respect. However, you must always ensure that you inform yourself before placing an order and check whether the goods to be manufactured or the product ordered are suitable for your planned project.

8.2 Exclusion of liability
We and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (consequently those obligations whose compliance is of particular importance for achieving the purpose of the contract) are affected, liability also applies for slight negligence. Liability is limited to foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we are only liable to entrepreneurs to the amount of foreseeable, contract-typical damage.

8.3 Reservation of liability
The above exclusion of liability does not affect liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act remain unaffected by this exclusion of liability.

  1. Data Protection

9.1 General
Personal data collected and processed by us in the context of the conclusion and processing of the contract are used exclusively for the establishment of the contract, the content design, implementation or processing of the contractual relationship (Art. 6 I b GDPR). They are generally not passed on to third parties. The data is only passed on to the shipping company commissioned with the delivery for the purpose of fulfilling the contract, insofar as this is necessary for the delivery of ordered goods. To process payments, the payment data required for this purpose is passed on to the credit institution commissioned with the payment and, if applicable, the commissioned and selected payment service provider. Personal data is therefore only used to the extent necessary or if we are legally or by court order obliged to do so or, if necessary, to lawfully prevent misuse contrary to the General Terms and Conditions.

9.2 Storage
After the purpose for which the data was collected has ended, we will only store your personal data for as long as is necessary due to legal (particularly tax) regulations.

9.3 Your rights regarding your data

9.3.1 Information
You can request information from us as to whether we process personal data concerning you and, if this is the case, you have the right to information about this personal data and to the further information specified in Art. 15 GDPR.

9.3.2 Right to rectification
You have the right to have inaccurate personal data concerning you rectified and can request the completion of incomplete personal data in accordance with Art. 16 GDPR.

9.3.3 Right to erasure
You have the right to request that we immediately erase the personal data concerning you. We are obliged to erase this data immediately, in particular if one of the following reasons applies:

  • Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You withdraw your consent on which the processing of your data was based and there is no other legal basis for the processing.
  • Your data has been processed unlawfully.

The right to erasure does not apply if your personal data is required to assert, exercise or defend our legal claims.

9.3.4 Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if 

  • You dispute the accuracy of the data and we therefore check the accuracy,
  • the processing is unlawful and you oppose the erasure and request the restriction of use instead,
  • we no longer need the data, but you require it to assert, exercise or defend legal claims,
  • You have objected to the processing of your data and it has not yet been determined whether our legitimate reasons outweigh your reasons.

9.3.5 Right to data portability
You have the right to receive the personal data concerning you that you have made available to us in a structured, common and machine-readable format and you have the right to transmit this data to another controller without hindrance from us, provided that the processing is based on consent or a contract and the processing is carried out by us using automated procedures.

9.3.6 Right of withdrawal
If the processing of your personal data is based on consent, you have the right to withdraw this consent at any time.

9.3.7 General and right to complain
Exercising your above rights is generally free of charge for you. In the event of complaints, you have the right to contact the data protection supervisory authority responsible for us directly.

9.4 Responsible body / contact for data protection
If you would like to contact us regarding data protection, please use the contact options below. Responsible body within the meaning of the GDPR:

BN Laser GmbH & Co. KG
Hoheneichstraße 21 75210
Keltern

represented by the shareholders:
Mr. Jean-Paul Bossian and Mr. Rico Noack

E-Mail: info@bn-laser.com
Telephone: 07231-7761456

  1. Final provisions

10.1 Place of jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law or if you have no place of jurisdiction in the Federal Republic of Germany.

10.2 Choice of law
Unless mandatory legal provisions under your home law conflict with this, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

10.3 Consumer dispute resolution procedure
The EU Commission has created an internet platform for the online resolution of disputes concerning contractual obligations from online contracts (ODR platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

10.4 Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.