Terms and conditions of BEE Medic GmbH (customers from the EU)

 The present terms and conditions are a translation of their original German version. In case of litigation only the German version shall apply.
 

A. General

 

1. Area of Application

  1. For all deliveries and other services of the German Bee Medic Ltd towards entrepreneurs i.S.v § 14 BGB based in Germany or within the EU apply exclusively to our terms and conditions. These also apply to all future agreements with the customer, even if it is not explicity agreed upon again.
  2. We do not recognise any conflicting terms and conditions of our customers unless we have explicity agreed to their terms in writing. Our terms and conditions also apply if we provide services to the customer without reservations despite knowledge of conflicting or deviating terms and conditions of the customer. Differing agreements and verbal agreements are only effective if we confirm them in writing, by fax or email.
 

2. Written Form

Collateral agreements, changes or additional contractual relationships with Bee Medic Ltd. must be validified through writing. The agreement to waiver of the written form also requires validating through writing.
 

B. Sale and Shipping of Devices and Equipment

 

3. The offer, contract, and scope of services

  1. Information displayed by us within catalogs, brochures, on the internet or within other media does not depict an offer, but merely invites to submit an offer. A contractual agreement will be made under the following conditions:
    1. The customer makes an offer (via Webshop order form) to conclude a sales agreement by placing goods in the shopping cart in our webshop and completing the order process by clicking on the order button. The offer is accepted on our part if an order confirmation directed to the customer is sent by email, post or fax.
    2. The customer will contact us over the phone and will then receive an email, post, or fax from us. Our offer can be accepted by the customer through an explicit declaration of acceptance or conclusively making a payment of the final amount stated within the period prescribed on the account stated on the offer.
  2. The agreement of our offer to conclude a purchase can be made within two weeks of receiving the offer, but not more than three weeks after the offer has been sent. The deadline is preserved if the customer sends their declaration of acceptance or the payment is instructed by the customer within the given timeframe.
    If the customer sends the declaration of acceptance or their deposit after the allocated period of time has expired, it constitutes as an offer by the customer to Bee Medic Ltd. to create a sales agreement. The offer is accepted on our part if an order confirmation directed to the customer is sent by email, post or fax.
  3. Our services in this area include the delivery of the ordered devices and/or equipment. For the scope of the contractually agreed service only our order confirmation is valid.
  4. We confirm the delivery of goods to be of average kind and quality.
 

4. Prices, Price Reservations and Terms of Payment

  1. Our prices for devices and equipment are additional to the costs of packaging and transport as well as the legally owed value added tax (VAT), respectively.
    If the delivery is made in several deliveries at the customer's request, the customer also bears all additional costs of packaging and transport.
  2. Unless agreed otherwise, the payment is free of charge and must be paid in full within 30 days of the receipt of the invoice. Installments or partial payments are only accepted after a prior agreement. In the event of a late payment, the entire outstanding amount is due for payment immediately and a claim can be prosecuted.
    A delivery to new customers can only take place after an advance payment. We reserve the right to request an advance payment of a delivery with existing customers.
    All bank charges are to be paid by the customer.
    When paying by credit card or Paypal, we charge a 6% surcharge on the gross invoice amount.
  3. Calculation errors, arithmetic, writing or image errors are reserved.
  4. Customs duties or freight costs are to be paid by the customer. We will provide evidence of these costs to the customer if requested.
  5. The customer can have a delayed payment without being reminded of such, § 286 paragraph 3 BGB. However, if such reminders are sent they will be charged to the customer, with the flat rate being 10.00 EUR per reminder.
  6. In case of a delayed payment, the customer must pay interest on the claim in the amount of nine (9) percent above the base interest rate. We are entitled to charge the customer a higher interest rate if there is a legal reason for doing so.
 

5. Delivery / Delivery deadline

  1. Unless a differing delivery period is agreed upon, the delivery of the contractual goods to the post office or other delivery services takes place without delay:
    1. After the payment has been received in cases of advance payments within the given time period.
    2. After passing the declaration of acceptance by Bee Medic Ltd. in cases of payment on account or in cases of late advance payments of the customer on a previous order confirmation from Bee Medic Ltd.
    As long as the customer has selected the delivery of the package as one when ordering several products, all ordered goods must be in stock at Bee Medic Ltd. in addition to the aforementioned requirements.
  2. Postboxes are not accepted as a delivery address.
  3. In the event of unforseen circumstances beyond our control, as caces of force majeure, strikes, disruption within our own faculty or within that of the subcontractor, transport difficulties or the like, and official measures, such as customs inspection, and we are thereby prevented from fulfilling our obligations within the given time period, we shall extend the delivery period by the duration of the impediment.
 

6. Risk of Transfers

  1. The risk of accidental loss and accidental deterioration of the purchased item is transferred to the customer as soon as we have handed over or delivered the goods to the post office, forwarding agent, carrier, or the person or institution otherwise responsible for carrying out the transport or shipment.
  2. Transport insurance will only be granted upon written request of the customer and the costs will be carried by the customer.
 

7. Reservation of Proprietary Rights

We reserve the right to ownership of the purchased item until the full purchase price has been received. To reserve the right of proprietary rights we are also entitled to withdraw from the contract without prior notice.
 

8. Examination of purchased items / Notifications of Defects

  1. The customer must inspect the purchased goods for possible transport damage, completeness or other defects within 48 hours upon receiving the delivery and indicate such damages or defects within a further 24 hours, stating the specific defect.
  2. Hidden defects must also be reported within 24 hours of discovery stating the specific defect.
  3. For the timeliness of the complaint, the timely dispatch of the compaint by letter (mainly by postmark) or fax (mainly fax identification) is sufficient.
 

9. Warranty Rights and Liability

  1. The statutory warranty rights of the customer, assuming that they have complied with duties of investigation and objection in relation to No. 7. Otherwise, any warranty rights are excluded.
  2. In case of a rectification of a defect, the customer has to return the rejected object to us immediately. For the duration of the use, the customer has to provide compensation for the value within § 346 paragraph 2 BGB (German Civil Code) or to deduct drawn benefits within § 346 paragraph 1 BGB.
  3. We are liable according to the legal regulation for damages as follows:
    1. in case of a culpable breach of a contractual obligation, the liability of damages is limited to foreseeable contract-typical damages, unless the breach of contract was intentional.
    2. in case of other breaches of duty, we are only liable for intent or gross negligence, including it on the part of our representatives and vicarious agents. In the case of a only grossly negligent breach, the liability is limited to forseeable contract-typical damage.
  4. in case of other breaches of duty, we are only liable for intent or gross negligence, including it on the part of our representatives and vicarious agents. In the case of a only grossly negligent breach, the liability is limited to forseeable contract-typical damage.
  5. Unless otherwise stated, liability is excluded.
  6. The limitation period for warranty rights of the customer is 12 months starting from the receipt of the purchased item.
 

10. Exchange or return

The exchange or return of faultless goods is not possible.
 

C. Provision of rental and test equipment

 

11. Rental and testing equipment

  1. The term "rental equipment" refers to equipment that is made available to the customer for a limited period of time, unless it is test equipment stated in paragraph (2).
  2. "Test equipment" refers to equipment which is made available to the customer for a possible future purchase of said equipment for a limited period of time.
  3. The equipment is and remains the property of Bee Medic Ltd.
 

12. Offer, contracts and scope of services

  1. Information displayed by us within catalogs, brochures, on the internet or within other media does not depict an offer, but merely invites to submit an offer. A contractual agreement will be made under the following conditions:
    1. The customer makes an offer to conclude a rental agreement by filling in the "Equipment rental and test equipment" form and completes the order process by clicking on the order button. This offer is accepted on our part if a rental confirmation directed to the customer is sent by email, post or fax.
    2. The customer contacts us by phone, email or fax and will subsequently receive an offer letter from us by email, post or fax. Our offer can be accepted by the customer through an explicit declaration.
  2. The acceptance of our offer to conclude a purchase agreement can be made within two weeks from receiving the offer, but no longer than three weeks after the offer has been sent. The deadline is respected if the declaration of acceptance of the customer was sent during this time.
    If the customer sends the declaration of acceptance after the allocated period of time has expired, it constitutes as an offer by the customer to Bee Medic Ltd. to create an agreement. The offer is accepted on our part if an order confirmation directed to the customer is sent by email, post or fax.
 

13. Rental fees, price reservations and terms of payment

  1. The rent for a rental or test device includes the cost of packaging and transport as well as the statutory VAT to the customer.
  2. One full month's rent will be charged per the start of every calendar month.
  3. If the rental device requires repairs in relation with the warranty under the terms of the purchase, no rent will be charged for the duration of this period.
  4. For EEG-Membership customers special conditions are valid.
  5. The billing by Bee Medic Ltd. takes place at the end of the rental period after the item has been returned.
  6. Unless otherwise agreed, the payments are free of charge and must be paid in full within 30 days of receiving the invoce. Installments or partial payments are only accepted if a prior agreement has been made. In the event of a late payment, the entire outstanding amount is due for payment immediately and the claim can be prosecuted.
    All bank charges are to be paid by the customer.
    For payments via credit card or Paypal, we charge a 6% surcharge on the gross invoice amount.
  7. The customer can have a delayed payment without being reminded of such, § 286 paragraph 3 BGB. However, if such reminders are sent they will be charged to the customer, with the flat rate being 10.00 EUR per reminder.
  8. In case of a delayed payment, the customer must pay interest on the claim in the amount of nine (9) percent above the base interest rate. We are entitled to charge the customer a higher interest rate if there is a legal reason for doing so.
  9. In any case a deposit of monthly rent is required. This is due on the first day of the lease.
 

14. Delivery / delivery time

  1. Unless a differing delivery period is agreed upon, the delivery of the contractual rental or test equipment to the post office or other delivery services takes place immediately after the confirmation of the lease has been sent by Bee Medic Ltd. or the client receives the acceptance.
  2. Postboxes are not accepted as a delivery address.
  3. In the event of unforseen circumstances beyond our control, as caces of force majeure, strikes, disruption within our own faculty or within that of the subcontractor, transport difficulties or the like, and official measures, such as customs inspection, and we are thereby prevented from fulfilling our obligations within the given time period, we shall extend the delivery period by the duration of the impediment.

15. Examination of rental and test equipment / Notifications of Defects

  1. The customer must inspect the rental or test equipment for possible transport damage, completeness or other defects within 48 hours upon receiving the delivery and indicate such damages or defects within a further 24 hours, stating the specific defect.
  2. Hidden defects must also be reported within 24 hours of discovery stating the specific defect.
  3. For the timeliness of the complaint, the timely dispatch of the compaint by letter (mainly by postmark) or fax (mainly fax identification) is sufficient.
 

16. Rights of Defects and Liability

  1. The statutory warranty rights of the customer, assuming that they have complied with duties of investigation and objection in relation to No. 16. Otherwise, any warranty rights are excluded.
  2. In case of a rectification of a defect, the customer has to return the rejected rental or test equipment to us immediately.
  3. We are liable according to the legal regulation for damages as follows:
    1. in case of a culpable breach of a contractual obligation, the liability of damages is limited to foreseeable contract-typical damages, unless the breach of contract was intentional.
    2. in case of other breaches of duty, we are only liable for intent or gross negligence, including it on the part of our representatives and vicarious agents. In the case of a only grossly negligent breach, the liability is limited to forseeable contract-typical damage.
  4. Liability for culpable injury to life, body or health remains unaffected; this also applies if there is a liability under the Product Liability Act.
  5. Unless otherwise stated, liability is excluded.
  6. The limitation period for warranty rights of the customer is 12 months starting from the receipt of the purchased item.
 

17. Use of the device

  1. The device may only be used in accordance with the instructions and only by trained personnel.
  2. The device is not to be labeled or laminated.
 

18. Return of the rental or test equipment

  1. After expiry of the rental period, the customer must return the device and all accessories to Bee Medic Ltd. at their own expense. Select a shipping method for which you will receive a tracking number.
  2. Before returning the device and accessories are to be cleaned properly.
  3. The device which has been available is exactly that what must be sent back. If a device with a different serial number is returned, the additional costs for postage and packaging incurred for the replacement required will be charged. The serial number of the rental or test equipment is noted on the delivery note.
 

19. Risk of Transfers

  1. The risk of accidental loss and accidental deterioration of rental or test equipment is transferred to the customer as soon as we have handed over or delivered the leased property to the post office, forwarding agent, carrier, or the person or institution otherwise responsible for carrying out the transport or shipment.
    Transport insurance will only be granted upon written request of the customer and the costs will be carried by the customer.
  2. The customer is liable for loss or damage during the return shipment.
  3. If a device is defective, returned with incomplete or completely missing accessories, or not cleaned, the customer will be charged with the depreciation, the replacement of missing or defective parts as well as the cleaning price. In case of serious damage or loss, the full price of the device is to be paid.
 

D. Provision of Software

 

20. Offer, contracts and scope of services

  1. Information displayed by us within catalogs, brochures, on the internet or within other media does not depict an offer, but merely invites to submit an offer. A contractual agreement will be made under the following conditions:
    1. The customer makes an offer to conclude a purchase agreement by placing the desired software in the shopping cart and completes the order process by clicking on the order button. This offer is accepted on our part if an order confirmation directed to the customer is sent by email, post or fax.
    2. The customer contacts us by phone, email or fax and will subsequently receive an offer letter from us by email, post or fax. Our offer can be accepted by the customer through an explicit declaration.
  2. The acceptance of our offer to conclude a purchase agreement can be made within two weeks from receiving the offer, but no longer than three weeks after the offer has been sent. The deadline is respected if the declaration of acceptance of the customer was sent during this time.
    If the customer sends the declaration of acceptance after the allocated period of time has expired, it constitutes as an offer by the customer to Bee Medic Ltd. to create an agreement. The offer is accepted on our part if an order confirmation directed to the customer is sent by email, post or fax.
  3. The software provided by Bee Medic Ltd. is obtained from third parties. The customer aquires a simple, non-exclusive right to use the supplied software. The exact scope of individual licenses (rights of use) aquired by the customer with the software results from the license text, which is available here and also displayed when installing the software.)
  4. If you have purchased a Neurofeedback system set from Bee Medic Ltd, the first installation of the Cygnet software is included in the purchase price. Other installations are chargeable. The initial installation is complete after the Cygnet software has been installed and its functionality has been verified.
  5. In the case of software, the contractually owed service includes only their delivery or provision and, in indiviual cases, the initial installations (see paragraph 4 above). Not provided by us, is the hardware required for the operation or application of the purchased software. This is either to be obtained seperately from us (e.g., the application equipment and accessories, see B. Sale and Supply of Equipment and Accessories) or via third parties (e.g., computers, operating systems, monitors). The customer is responsible for maintaining the system requirements required for the installation and operation of the software purchased from us, which are described in detail on our website.
 

21. Prices, Price Reservations and Terms of Payment

  1. Our prices for software are additional to the costs of packaging and transport as well as the legally owed value added tax (VAT), respectively.
    If the delivery is made in several deliveries at the customer's request, the customer also bears all additional costs of packaging and transport.
  2. Unless agreed otherwise, the payment is free of charge and must be paid in full within 30 days of the receipt of the invoice. Installments or partial payments are only accepted after a prior agreement. In the event of a late payment, the entire outstanding amount is due for payment immediately and a claim can be prosecuted.
    A delivery to new customers can only take place after an advance payment. We reserve the right to request an advance payment of a delivery with existing customers.
    All bank charges are to be paid by the customer.
    When paying by credit card or Paypal, we charge a 6% surcharge on the gross invoice amount.
  3. Calculation errors, arithmetic, writing or image errors are reserved.
  4. Customs duties or freight costs are to be paid by the customer. We will provide evidence of these costs to the customer if requested.
  5. The customer can have a delayed payment without being reminded of such, § 286 paragraph 3 BGB. However, if such reminders are sent they will be charged to the customer, with the flat rate being 10.00 EUR per reminder.
  6. In case of a delayed payment, the customer must pay interest on the claim in the amount of nine (9) percent above the base interest rate. We are entitled to charge the customer a higher interest rate if there is a legal reason for doing so.
 

22. Delivery / Delivery deadline

  1. Unless a differing delivery period is agreed upon, the delivery of the contractual goods to the post office or other delivery services takes place without delay:
    1. After the payment has been received in cases of advance payments within the given time period.
    2. After passing the declaration of acceptance by Bee Medic Ltd. in cases of payment on account or in cases of late advance payments of the customer on a previous order confirmation from Bee Medic Ltd.
    As long as the customer has selected the delivery of the package as one when ordering several products, all ordered goods must be in stock at Bee Medic Ltd. in addition to the aforementioned requirements.
  2. Postboxes are not accepted as a delivery address.
  3. As long as the software has only been purchased as a download for self-installation by the customer, the customer will receive access to the product immediately after the dates specified in paragraph 1.
  4. In the event of unforseen circumstances beyond our control, as caces of force majeure, strikes, disruption within our own faculty or within that of the subcontractor, transport difficulties or the like, and official measures, such as customs inspection, and we are thereby prevented from fulfilling our obligations within the given time period, we shall extend the delivery period by the duration of the impediment.
 

23. Risk of Transfers

  1. The risk of accidental loss and accidental deterioration of the purchased item is transferred to the customer as soon as we have handed over or delivered the goods to the post office, forwarding agent, carrier, or the person or institution otherwise responsible for carrying out the transport or shipment.
  2. Transport insurance will only be granted upon written request of the customer and the costs will be carried by the customer.
 

24. Reservation of Proprietary Rights

We reserve the right to ownership of the purchased item until the full purchase price has been received. To reserve the right of proprietary rights we are also entitled to withdraw from the contract without prior notice.
 

25. Examination of purchased items / Notifications of Defects

  1. The customer must inspect the purchased goods for possible transport damage, completeness or other defects within 48 hours upon receiving the delivery and indicate such damages or defects within a further 24 hours, stating the specific defect.
  2. Hidden defects must also be reported within 24 hours of discovery stating the specific defect.
  3. For the timeliness of the complaint, the timely dispatch of the compaint by letter (mainly by postmark) or fax (mainly fax identification) is sufficient.
 

26. Rights of Defects and Liability

  1. The statutory warranty rights of the customer, assuming that they have complied with duties of investigation and objection in relation to No. 26. Otherwise, any warranty rights are excluded.
  2. In case of a rectification of a defect, the customer has to return the rejected product to us immediately. For the duration of the use, the customer has to provide compensation for value within § 346 paragraph 2 BGB (German Civil Code) or to deduct drawn benefits within § 346 paragraph 1 BGB.
  3. We are liable according to the legal regulation for damages as follows:
    1. in case of a culpable breach of a contractual obligation, the liability of damages is limited to foreseeable contract-typical damages, unless the breach of contract was intentional.
    2. in case of other breaches of duty, we are only liable for intent or gross negligence, including it on the part of our representatives and vicarious agents. In the case of a only grossly negligent breach, the liability is limited to forseeable contract-typical damage.
  4. Liability for culpable injury to life, body or health remains unaffected; this also applies if there is a liability under the Product Liability Act.
  5. Unless otherwise stated, liability is excluded. In particular, we assume no liability in regard to compliance with legal provisions for playing copyrighted media content on CDs / DVDs not provided by us using our software "Advanced Media Player" for commercial purposes by the customer (e.g., in the context of therapies). The customer or respective user is solely responsible for compliance with the relevant legal provisions in this regard.
  6. The limitation period for warranty rights of the customer is 12 months starting from the receipt of the purchased item.
 

27. Applicable Law / Compotent Court / Contractual Language

  1. German laws apply; the application of the UN Convention on the International Sale of Goods (CISG) is excluded. If the customer is a merchant or does not have a registered office in Germany, the exclusive place of jurisdiction is Singen or the district court of Konstanz, which is responsible in the case that the jurisdiction of the dispute falls within the jurisdiction of the district court. Otherwise, the general provisions on jurisdiction apply.
  2. The official contractual language is German.