GTC

General Terms and Conditions of Beyond Matters GmbH Status as of 01/09/2015.

  1. Area of Application
  2. Contracting Partner
  3. Conclusion of the Agreement
  4. Right Of Revocation
  5. Extended Right of Return
  6. Payment Terms
  7. Shipping Terms and Costs
  8. Retention of Title
  9. Availability
  10. Withdrawal
  11. Warranty
  12. Liability
  13. Set-Off
  14. Data Protection
  15. Applicable Law
  16. Place of Jurisdiction
  17. Final Agreement

General Terms and Conditions

1. Area of Application

The performance of the business transactions and any delivery shall be exclusively take place subject to the General Terms and Conditions specified below in their version applicable at the time the order is placed.

To the extent that the term “consumers” is used in the present GTCs, this term shall relate to natural persons to whom the purpose of the order is not attributable to any commercial, self-employed or freelance activity. “Entrepreneurs”, in turn, shall be natural or legal persons or partnerships vested with legal capacity who/which place orders for commercial, self-employed or freelance purposes. “Customer” within the meaning of the GTCs shall be both consumers and entrepreneurs.

The customer may consult the terms and conditions of the agreement on the website http://beyondmatters.info at any time, where these terms and conditions will also be available to the customers for permanent storage at all times. We shall be entitled to modify or amend the present General Terms and Conditions under observance of a reasonable withdrawal period to the extent that this is necessary to rectify any subsequently arising disturbance of the appropriate balance between the service and the service in return, in case of any frustration of contract or for the purpose of making any adjustments to any changed legal or technical framework conditions. We shall inform the customer on any adjustment, specifying the content of the modified regulation to the customer. The modification shall become an integral part of the agreement, unless the customer provides us with an objection to the involvement into the contractual relationship in written or text form within a period of two weeks following receipt of the notification of change. The significance of any non-objection shall be separately pointed out to the customer in the notification of change. Any orders received beforehand shall be processed in this case in accordance with the old General Terms and Conditions still applicable at that point in time. Any terms and conditions of the customer will not be recognised by us, unless we have explicitly agreed to their applicability in writing.

2. Contracting Partner

The contracting partner shall be Beyond Matters GmbH. We will exclusively enter into agreements with entrepreneurs and consumers who are not limited in their legal capacity and have completed the 18th year of age. In the event that these prerequisites are not met, no agreement shall enter into effect. As a result, we shall be entitled to request that any and all services be reversed.

3. Conclusion of the Agreement

The contract language shall be the German language. The presentation of the products in the online shop shall not be regarded as a legally binding offer, but shall be considered as a non-binding online catalogue. You may first add our products to the shopping cart without any obligation and correct your entries at any time before your binding order is sent by using the proofing tools illustrated and provided for in the ordering process to this end. By clicking on the “Buy” button, you shall be deemed to place a binding order of the goods contained in the shopping cart. The confirmation of the receipt of the order will be made together with the acceptance of the order directly after an order confirmation has been sent. In this way, the binding purchase agreement shall be deemed to have entered into force.

We will save the text of the agreement and will then sent the order details and our GTCs to you via e-mail. You can also consult the GTCs here on this website and download them at any time GTC download).

4. Right Of Revocation

Information on the Right of Revocation: you shall have the right to revoke the present agreement within a period of fourteen days without stating reasons.

The revocation period shall be fourteen days from the day on which you or any third party specified by you who is not the carrier have or has taken possession of the goods. To exercise your right of revocation, you shall inform us,

Beyond Matters GmbH
St. Markus-Str. 14
67346 Speyer, Germany

E-mail address: mail@beyondmatters.info

on your decision to revoke the present agreement by means of an unambiguous statement (for ex. by a letter sent by postal mail or via e-mail). To this end, you may use the enclosed sample revocation form which, however, shall not be deemed to be mandatory.

The revocation period shall be deemed to have been observed by timely sending the notification of the exercise of the right of revocation prior to the expiry of the revocation period.

Consequences of the Revocation
In the event that you revoke the present agreement, we shall pay back to you any payments received by us from you, including the delivery costs (with the exception of any additional costs incurred as a result from the fact, where applicable, that you have selected any method of delivery other than the favourable standard delivery offered by us), without undue delay and within a period of fourteen days from the day on which the notification of your revocation of the present agreement has been received by us at the latest. To effect this repayment, we shall use the same means of payment as has already been used by you for the initial transaction, unless anything to the contrary has been explicitly agreed upon with you; we shall not invoice to you any charges due to such repayment in any case. We may refuse to effect such repayment unless the goods have been returned to us or unless you have demonstrated to us that you have sent the goods back to us, whichever event occurs first.

You shall return or hand over the goods to

Beyond Matters GmbH
St. Markus-Str. 14
67346 Speyer, Germany

without undue delay and in any case within a period of fourteen days from the day on which you have notified us of the revocation of the present agreement. The time limit shall be deemed to have observed if you dispatch the goods prior to the expiry of the time limit of fourteen days. You shall bear the direct costs of any return of the goods.

You shall only bear the costs of any loss in value of the goods if this loss in value is attributable to any handling of the goods by you which is not required for the verification of the quality, properties and functionality of the goods.

Sample Revocation Form
(In the event that you want to revoke the agreement, you can complete the present form and send it back to us.)

To:
Beyond Matters GmbH
St. Markus-Str. 14
67346 Speyer, Germany

e-mail address: mail@beyondmatters.info

I/we (*) hereby revoke the agreement concluded by me/us (*) on the purchase of the following goods

Ordered on (*) / received on (*)

Name of the customer(s)
Address of the customer(s)
Invoice number

Signature of the customer(s) (only in case of any notification in paper form)
Date

(*) Please delete as applicable

End of Right Of Revocation

5. Extended Right of Return

In addition to the statutory right of revocation and our statutory warranty obligations, we shall grant you an extended right of return for any purchases of our products, provided that you are not satisfied with the effect described by us with respect to our products. By exercising this right of return, you may withdraw from the agreement also after the expiry of the revocation period of 14 days (see Information on the Right of Revocation above) by sending back the product to our address within a period of 30 days after its receipt:

Beyond Matters GmbH
St. Markus-Str. 14
67346 Speyer, Germany

e-mail: mail@beyondmatters.info

The punctual dispatch shall be sufficient for observance of the time limit. The repayment shall be effected once the right of return is exercised, but not earlier than after receipt of the returned products, to the bank account used by you for the payment. In the event that you have effected the payment via PayPal / by credit card, the reimbursement shall be made to the associated PayPal / credit card account.

Your statutory right of revocation (cf. clause 4) shall not be affected by any compliance with our rules on the additional extended right of return granted by agreement and shall remain in force irrespective hereof. Until the expiration of the time limit granted for the statutory right of revocation, the statutory terms and conditions specified there shall apply exclusively. Moreover, the extended right of return granted by agreement shall not have any restrictive effect on your statutory warranty rights, which shall remain vested in you to an unlimited extent.

6. Payment Terms

The prices at the time the order is placed in the form specified on the websites and/or communicated by us shall apply. Our prices shall be deemed to include the German value added tax (19%) and any other price elements to the extent that we perform the delivery within Germany and within the EU and/or to the extent that we render any services, such as seminars, for private individuals outside the EU. In case of any delivery of products and/or to the extent that we render any services, for ex. seminars, for business customers outside the EU, no value added tax shall be invoiced.

In the event that any payment requires any currency conversion, this conversion shall be carried out at an exchange rate of defined by the European Central Bank.

Any dispatch costs incurred for any delivery outside the EU will be invoiced separately.

You shall have the choice to effect the payment by payment in advance, credit card or PayPal. In the event that the payment in advance method of payment is selected, we will communicate our bank details to you in the order confirmation and we will deliver the goods once we have received your payment. In case the payment is effected by credit card or via PayPal, your bank account will be debited once the order has been placed.

Any costs invoiced by us, where applicable, depending on the method of payment shall be specified in closer detail during the ordering process.

7. Shipping Terms and Costs

In case of any deliveries within the EU, we shall bear the shipping costs. In the event of any deliveries outside the EU, shipping costs shall be charged. The shipping costs for any deliveries shall be invoiced depending on the respective content of the product shipping cart and the shipping address selected by the customer and shall be specified to the customer during the ordering process before the order is sent. An overview of the costs can be found on our website at http://beyondmatters.info under “FAQ”.

In case of any deliveries outside the EU, the additional taxes and customs duties shall be charged, where applicable. Any customs or import duties shall be charged as soon as the package has arrived in your country. Any customs clearance fees shall be borne by you. We shall not be deemed to have any influence on such fees and are not able to predict their amount. The customs regulations vary considerably from country to country. If you need any further information, please contact your local customs authorities.

In the event of any non-compliance with any delivery period, the customer shall be entitled, in accordance with the statutory provisions, to set in writing a reasonable period of grace with a warning to refuse acceptance and, after its fruitless expiry, may withdraw from the agreement with regard to the delivery or performance specified in the agreement and/or may request compensation for damages instead of performance or continue to insist on delivery.

The goods shall be properly packed by us to ensure that safe transport will be guaranteed.

In case of consumers, the risk of accidental loss and accidental deterioration of the goods sold within the framework of any sale by delivery to a place other than the place of performance shall pass on to the consumer or any recipient designated by the consumer once the goods are handed over to them. This shall apply irrespective of whether or not any insurance has been taken out for dispatch. In any other case, the risk of accidental loss or accidental deterioration of the goods shall pass on to the customer upon handover; in the case of any sale by delivery to a place other than the place of performance, it shall pass on upon delivery of the goods to the freight carrier or any other person or entity determined to execute the dispatch.

8. Retention of Title

The goods delivered shall remain our property until the purchase price has been paid in full.

9. Availability

In the event that we notify, after the conclusion of the agreement, that the ordered product is no longer available from us through no fault of our own, any delivery is permanently rendered impossible due to any event of force majeure or due to any unforeseeable impediments to performance which cannot be rectified using reasonable expenses, we shall be entitled to withdraw from the agreement. The customer shall notify us of any non-availability without undue delay. Any payments already received shall be reimbursed by us without undue delay following any withdrawal from the agreement by us or by the customer.

10. Withdrawal

In case of any violation of any serious due diligence obligations, default in payment and elapsed period of grace or any requested initiation of any insolvency proceedings with respect to any goods delivered subject to retention of title, we reserve the right to withdraw from the agreement to the extent that any adherence to the agreement can no longer be reasonably expected from us.

11. Warranty

The products offered in our shop shall be subject to the statutory warranty rights.

12. Liability

In any case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage. To the extent that our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and auxiliary agents.

The limitations of liability specified above shall not apply to the extent that any claims from product liability or warranty exist on the part of the customer. Furthermore, they shall not apply to any violation of life, body or health of the customer which is attributable to us or to any damage which has been caused by us by intent or gross negligence.

Our liabilities specified here shall be subject to the statutory periods of limitation.

13. Set-Off

The ordering party shall be entitled to claim any right of set-off only if its counter-claims have been established by force of law or are undisputed by us.

14. Data Protection

Your data will be processed and stored by us in compliance with the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the German Telemedia Act (Telemediengesetz, TMG). A more detailed reference to our data protection provisions can be found under the “Data Protection” menu item on the website at http://beyondmatters.info.

15. Applicable Law

German law shall apply.

The UN Sales Law (United Nations Convention on Contracts for the International Sale of Goods, CISG) as well as any other intergovernmental conventions, including those executed after their incorporation into German law, shall not be applicable.

In case of any agreements with consumers, this choice of law shall only apply to the extent that the consumer is not deprived of his or her protection granted by mandatory provisions of the laws of the country where the consumer has his or her habitual residence.

16. Place of Jurisdiction

In the event that the ordering party is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch, HGB) or any corporation under public law, the agreed place of jurisdiction for any and all claims in connection with the business relationship shall be the registered office of Beyond Matters GmbH.

17. Final Agreement

In the event that one or several regulations of the present General Terms and Conditions is/are or become(s) ineffective, this shall not affect the effectiveness of the remaining General Terms and Conditions. The ineffective regulation shall be replaced by the relevant statutory regulation. The rights of the customer from the present agreement shall not be transferable.

Your Beyond Matters Team