General Standard Terms and Conditions (GTC)
The following General Terms and Conditions (“GTC”) of beambar Xperience UG (haftungsbeschränkt) with registered office in Berlin (“beambar”, “we”) regulate the use of the beambar website which can be accessed via www.beambar.io (“Website”) and are applicable to all contracts between us on the one hand and you (“Customer”, “you”) on the other hand. The subject of the respective contract is the sale or rental of articles by beambar to the Customer.
All deliveries and services provided by us to you are made on the basis of these GTC. By placing an order, you agree to the validity of these GTC without any restrictions. If you do not accept the GTC, you may unfortunately not use our services. If you are using our services on behalf of a corporation, company or organisation (collectively, “Organisation”), you represent and warrant that (a) you are an authorised representative of that Organisation and (b) you have the authority to bind that Organisation to these GTC.
General terms and conditions as well as other deviating conditions of the customer are not accepted. This also applies if reference is made to these terms and conditions in declarations and we do not expressly object to their inclusion.
If the use of our offers requires the registration of a user account, the customer is obliged to provide truthful information about his personal data (name, e-mail address, telephone number, date of birth, payment details) during the registration process. The customer is obliged to keep the stored data up to date at all times. We reserve the right to delete multiple registrations.
It is the customer’s responsibility to prevent unauthorised access to his user account. The customer is liable for all activities originating from his user account, unless the customer is not responsible for the unauthorised access. The customer shall inform us of any case of unauthorised access immediately after becoming aware of it.
The customer is prohibited from (i) making or attempting to make unauthorised use of another person’s User Account, (ii) making unauthorised access to and/or use of another person’s Personal Payment Information without that person’s consent, (iii) creating a User Account using a falsified identity or an identity of another person without that person’s consent, or (iv) accessing the relevant Platform by circumventing any registration process provided by us.
The customer must have full legal capacity and be registered in Germany with a fixed address. When accepting goods for rental, a valid identity card or other legally valid proof of identity and registration address (e.g. registration confirmation) must be presented in order to prevent possible attempts at fraud (see data protection).
The presentation of the articles on the platforms does not constitute a legally binding offer, but merely an invitation to the customer to compile a selection of goods and to submit an offer to us for purchase or rental. Even by placing goods in the shopping basket, no purchase/rental contract is created between the customer and beambar.
By sending the order via the respective platform by clicking the button with the lettering “Buy now” (or a corresponding and clearly designed button), the Customer submits a binding offer for the goods placed in the shopping cart at the price shown.
After placing the order, a binding contract with us is concluded when the order is accepted by an order confirmation displayed immediately via the platform and/or the customer is automatically prompted to select the payment method he wishes to use. If the delivery of the ordered goods is not possible, for example because the corresponding goods are not in stock, no order confirmation will be sent to the customer and/or the customer will not receive a request to select the method of payment. In this case, a contract is not concluded, of which the customer will be informed immediately.
We would like to point out that, for reasons of protection of minors, we do not sell goods which are subject to youth protection regulations (e.g. alcoholic beverages etc.) to children and young people or hand them over in fulfilment of a sales contract. For this reason, we request the age of majority of the requesting customer for each order of such goods. Offers to conclude a purchase contract by minors will be rejected by us. In all other respects, the provisions of § 4.7 and § 17 shall apply.
If goods which the customer has bindingly ordered in accordance with § 4.3 are exceptionally not available after all, we will inform the customer of this immediately after we have become aware of such a circumstance. In such a case, we will refund the purchase/rental price already paid for the affected items via the respective payment method. Alternatively, it will be agreed individually with the customer whether, from the customer’s point of view, an equivalent replacement product can be supplied against maintenance of the payment obligation.
We reserve the right to limit the composition and delivery of certain goods to a certain quantity. When adding a larger quantity to the shopping basket, the customer will receive a notice of the article-specific quantity limit. Even if there is no indication of an item-specific quantity limit, only household quantities of the respective goods will be taken into account when compiling and delivering the goods. We reserve the right to reduce the customer’s selection of articles if this exceeds normal household quantities.
Delivery shall be made as soon as possible after the order has been placed and shall be provided by beambar or by a company affiliated with beambar (within the meaning of §§ 15 et seq. of the German Stock Corporation Act in connection with Art. 9 para. 1 lit. c) ii) Regulation (EC) No. 2157/2001) (“Affiliated Company”). In the event of subsequent performance, delivery periods shall be agreed separately with the customer. We are entitled to make partial deliveries if this is reasonable for the customer.
Unless otherwise agreed before the conclusion of the contract, the goods will be delivered to the delivery address selected by the customer during the ordering process within the delivery area in Germany. After entering the delivery address on the website, the customer can determine whether the desired delivery address is located in one of our delivery areas.
By submitting the order, the customer declares that his personal details as well as the specified delivery address are correct. The customer is solely responsible for providing a complete, correct and accurate delivery address. If necessary, additional address information (floor, flat, etc.) or further instructions for delivery must be added.
If the customer rents the product, the following applies: The rental period begins on the date of the rental booking and ends on the date specified by the client at the time of booking. After booking, the client will receive a message with all the information about the pick-up. On the day of pick-up, the client must reply to the message (by 10pm at the latest). As soon as beambar has received the message from the customer, a 2-hour pick-up window shall open during which beambar shall pick up the rental item. If the customer informs beambar of his preferred time one day before the end of your rental period, beambar shall collect the rental item within one hour of the collection time specified by the customer on the collection day. The collection location must always be the same as the delivery location. If the rented item is not returned by the customer on time, the rented item is returned without the accessories provided for use or the return is not carried out properly through the fault of the customer, an additional day shall be added to the rental and charged to the customer. For each additional day beambar shall charge a flat fee of 30€. § Section 545 BGB shall not apply. Should the Customer fail to return the missing item, accessory or component despite the Provider’s request, the Provider shall be at liberty to demand the new acquisition value of the missing accessory or component. Delayed returns must also be reported to the Rental Firm without delay. If the customer returns the rental item before the agreed end of the rental period, the customer shall not be entitled to a refund of the rental price. For the return, the reusable packaging used by beambar for the delivery must be used and the rental items and accessories must be repackaged exactly as they were delivered by beambar. If the shipping and original packaging is not returned by the customer, beambar reserves the right to charge the customer for this.
The customer must be available for queries regarding the delivery address at the telephone number provided by him/her in the order process. If the Customer and/or a person appointed by the Customer cannot be found at the delivery address and the Customer cannot be reached at the telephone number provided by the Customer, the delivery may be cancelled by beambar within the framework of the legal requirements and the Customer may be charged the full price of the order.
If the customer rents the product, the following applies: The risk shall pass to the customer as soon as the customer leaves beambar’s business premises or receives the package from the delivery service. If the parcel is returned, the risk shall pass to the delivery service when the parcel is handed over. If the customer does not hand over the item to the delivery service and through beambar, but uses his own transport service provider, the transfer of risk shall only occur on arrival at beambar’s business premises. In addition, in this case the customer shall bear the return costs himself/herself and shall have no claim to reimbursement thereof.
Goods which are subject to the regulations for the protection of minors (e.g. tobacco products, alcoholic beverages, etc.) will only be handed over personally to the Customer and only to customers of full age, i.e. persons over the age of 18. Such goods will not be handed over to third parties or customers under the age of 18. For this purpose, we are entitled to demand that an identity card or a comparable official photo document (passport, driving licence, etc.) be presented to the delivering driver upon delivery. Furthermore, the customer must confirm that he/she has reached the age of majority during the order process (cf. above § 3.4 subparagraph 2). If the goods cannot be handed over as a result of insufficient age verification and/or insufficient personal identification at the delivery address, the additional costs for returning the order shall be borne by the customer.
The ordered items remain our property until full payment has been made. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our express consent.
Only the purchase price of the respective item displayed on the platform shall apply. All prices on the platform are inclusive of the currently applicable value added tax at the statutory rate for the specific item. The value added tax is shown separately for each item. The current total value of the shopping basket is shown to the customer at any time in the shopping basket or in the order overview.
If the customer rents the product, the following applies: The rental price corresponds to the corresponding period stated in the rental offer and may deviate due to an individual offer by beambar to the customer (discounts, concessions). The rental price shall also be paid in full if the actual and temporal use by the customer falls short of the agreed rental period. The only relevant factor here is the punctual handover of the rental item by the beginning of the rental period at the latest. beambar is entitled to demand a deposit from the customer in certain cases. This will be recorded in the offer to the customer and accepted by the customer in the event of an order for the Rental Goods. The deposit must be paid before the start of the rental period. This is done by advance payment. The customer will receive the deposit back immediately if he/she has returned the rental items to beambar in an undamaged and clean condition (not objected to by beambar). Repayment shall be made by the original method of payment. In the case of bank transfers, the customer must provide his bank details for the repayment of the deposit. All prices are Euro prices and include the statutory VAT.
The separately stated delivery costs apply to delivery within Germany and will be clearly communicated to the customer before submitting his contractual declaration.
Insofar as the Customer gives tips to the drivers of beambar or the drivers of the affiliated companies as amounts of money voluntarily paid, these tips are intended exclusively for the drivers and cannot be regarded as payment for the ordered goods. In addition, please note the following: Tips given in cash by the customer are due to the respective drivers. Insofar as tips are given by the Customer via a tip function on the platform, these shall be allocated to the drivers who are employed by beambar or an affiliated company. beambar shall take the necessary steps to ensure that these amounts are paid to the respective drivers.