General Terms and Conditions (GTC)
Here you will find the general terms and conditions of TIMESYS GmbH. If you have further questions, please contact firstname.lastname@example.org
1. General scope
1.1 The general terms and conditions (hereinafter referred to as “Terms”) of TIMESYS GmbH (hereinafter referred to as “seller”), apply to all contracts that a consumer (in the sense of § 13 BGB) or entrepreneurs (within the meaning of § 14 BGB) (hereinafter “Customer”) with the seller with regard to all goods, offers and services of the seller in his business premises in Vogelsanger Weg 39, 40470 Dusseldorf and / or in his online presence displayed goods, offers and services concludes
1.2. General terms and conditions of the customer are only valid insofar as the seller has expressly agreed to them in writing.
1.3 Allgemeine Geschäftsbedingungen des Kunden gelten nur insoweit, als der Verkäufer ihnen ausdrücklich schriftlich zugestimmt hat.
2. Contract conclusion
2.1 The seller’s product descriptions presented online do not constitute a binding offer by the seller. They serve to submit an offer by the customer.
2.2 The submission of the offer by the customer takes place by a telephone order with the salesman or by the on-line order of the customer in the Web shop or over the contact form.
2.3 The required acceptance by the seller is made by sending an order confirmation to the customer; the decisive factor is access to the customer or the delivery of the ordered goods to the customer; the decisive factor is the receipt of the goods by the customer or by request of the customer for payment; after the order has been placed by the customer.
2.4 Upon conclusion of the contract, the contract text and the terms and conditions of the seller will be given to the customer in writing or by reference to the homepage. The contract text is not saved and archived by the seller separately. Only the German language is used for the conclusion of the contract.
3. Agreement on the return costs in case of exercise of the right of withdrawal by the consumer
In the case of distance selling to the consumer, the following rules apply to the return costs: The regular cost of the return is imposed on the consumer if the price of the item to be returned does not exceed EUR 40, or if the higher price of the item gives the consumer the consideration or a partial payment has not yet been made at the time of the cancellation, unless the delivered goods do not correspond to those ordered. In all other cases, the seller bears the costs for the return.
– Beginning of the cancellation policy –
4. Right of withdrawal
4.1 Only consumers are entitled to a right of withdrawal at the conclusion of a distance selling transaction.
4.2 The right of withdrawal does not apply to contracts concluded with a consumer at our in-house exhibition or in our operating rooms.
4.3 As a consumer i.S.d. § 355 BGB you can revoke your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the case before the deadline – by returning the goods. The revocation must be sent to:
-The seller from the written contract
Vogelsanger Weg 39
Fax: 0211 / 61895-174
5. Consequences of the cancellation
5.1 If you cancel this Agreement, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different type of delivery than the best standard delivery we offer have chosen to repay immediately and at the latest within fourteen days from the date on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We can refuse the repayment until we get the goods back.
5.2 You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
5.3 You bear the direct costs of returning the goods. The direct costs of the return are estimated for such goods, which can not normally be returned to us by mail due to their nature (forwarding goods), for each such goods to a maximum of about 100 €.
5.4 You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
6. Exclusion or premature termination of the right of withdrawal
6.1 The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
6.2 The right of revocation expires prematurely in contracts for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.
6.3 Please avoid damage and contamination of the goods. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage. Please do not send the goods “unfree” back to us if possible.
– End of revocation –
7. Premature termination of the lease
If the seller and the customer have concluded a rental agreement with regard to the seller’s goods, the customer undertakes, in the event of premature termination of the lease, to reimburse the seller for a reasonable compensation for the consumption of the “laser/IPL lamp”.
8. Prices and terms of payment
8.1 Unless otherwise expressly agreed, the prices quoted are net prices. The legal sales tax is not included.
8.2 Additional delivery and shipping costs may arise for the delivery of the goods of the seller outside the Federal Republic of Germany. These include, inter alia, import duties or taxes to be borne by the customer. More detailed information can be obtained from the seller upon request.
8.3 The seller offers the following payment options:
– by invoice
8.4 If a down payment has been agreed between the seller and the customer, the production of the ordered goods commences after the agreed down payment has been made.
If advance payment for the payment of the total price has been agreed between the seller and the customer, the production of the ordered goods will commence upon receipt of the total price on the seller’s business account.
8.5 If a rental contract has been concluded between the seller and the customer for a product of the seller, the production of the ordered goods commences after provision of the agreed deposit.
8.6 Unless otherwise agreed in writing, the payment of the purchase price or the down payment or the deposit is due within 14 days after conclusion of the contract.
8.7 The seller reserves the right to carry out a credit check and to reject this method of payment in the case of a negative credit check when selecting the payment method delivery on account and for rental / financing models.
9. Terms of delivery
9.1 The goods are delivered to the delivery address specified by the customer via the shipping route.
9.2 The earliest delivery time is determined predominantly after the written agreement with the buyer or in exceptions on 4-6 weeks, due to quantitative and personalized processing as well as customer-specific configuration of the products, from receipt of the purchase price or deposit or deposit on the seller’s business account. There is no claim to on-site training.
9.3 The seller reserves the right to delay the delivery for another 14 working days in case a delivery is not possible at an earlier date for reasons not caused by the seller. In this case the customer will be informed immediately about the delay of the delivery.
9.4 The delivery of the ordered goods requires that the customer has submitted all the documents to be submitted by him, completed and signed by the seller in the original. These include, among other things, the signed purchase / rental agreement, signed guarantor’s guarantee, document copies of customers and the guarantor. If the documents to be submitted are incomplete by the customer, the delivery period shall be extended accordingly.
9.5 In the event that a delivery can not be made due to force majeure or other circumstances whose elimination is impossible, the seller’s obligation to pay. In this case, the customer is entitled to the statutory claims as a result of the impossibility.
The ordered devices are delivered in a sturdy box for safe transport. This must be kept by the customer for a possible guarantee and warranty case.
9.6 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. If the customer does not represent the circumstance which led to impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had previously announced the service to him in due time, the customer shall not be liable for payment.
10. Passage of risk
10.1 The risk of accidental loss and accidental deterioration of the sold goods passes to the transfer to the customer or a person entitled to receive.
10.2 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a consignment purchase passes to the delivery of the goods to a suitable transport person at the place of business of the seller.
11. Retention of title
11.1 The seller reserves ownership of the delivered goods until receipt of all payments from the purchase contract. If the customer does not comply with his contractual obligations, in particular in the event of late payment, the seller is entitled to demand the delivered goods; the customer is obliged to return the object in this case.
11.2 The customer is obliged to immediately notify the seller in the event of seizure of the object of purchase or other relevant access or attempted access by third parties with regard to the object of purchase, so that the seller can exercise his rights under the retention of title.
12. Liability for defects
12.1 If there is a defect in the purchased item, the statutory provisions shall apply.
12.2 The customer must notify defects to the seller immediately in writing.
12.3 First, the seller has the opportunity to remedy the defect within a reasonable time.
12.4 Claims for defects of quality do not exist with insignificant deviation from the agreed quality, with insignificant impairment of the usability, under normal use or normal wear of consumable and wear parts, natural wear or damage after the transfer of risk due to faulty or negligent treatment, excessive use , unsuitable equipment or that arise due to special external influences that are not required under the contract as well as software defects that are not reproducible. If changes or repair work are carried out improperly by the customer or by third parties, then there are no claims for material defects for these and the resulting consequences.
12.5 Claims of the customer due to the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the object of the delivery is subsequently transferred to another Place when the customer’s establishment has been moved, unless the shipment complies with its intended use.
12.6 Deviating from this applies to items that have not been used in accordance with their normal use for a building and have caused its defectiveness:
– if an insignificant defect justifies no claims for defects,
– the seller has the choice of the type of remedy,
– For new goods, the limitation period for defects is one year from the transfer of risk
– In the case of used goods, the rights and claims for defects are excluded
– the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.
– the limitation period for claims for defects for new goods is two years from delivery of the goods to the customer.
– for used goods one year from delivery of the goods to the customer.
12.7 For entrepreneurs and consumers, the above limitation of liability and limitation period does not relate to claims for damages and reimbursement of expenses that the customer can assert according to the statutory provisions due to defects in accordance with the liability rules.
12.8 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in case of intentional breach of duty and fraudulent concealment of a defect.
12.9 If the customer acts as a merchant i.S.d. § 1 HGB, it meets the commercial investigation and reprimand according to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
12.10 If the customer acts as a consumer, the customer is requested to reclaim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
12.11 If the supplementary performance is to be effected by way of replacement delivery, the customer is obliged to return the goods delivered first to TIMESYS GmbH before delivery of the new device. The return of the defective goods must be made in accordance with the statutory provisions.
12.12 Claims for defects arising from natural wear and tear, faulty or negligent use and treatment, improper storage or improper or improper use or failure to observe the instructions for use and the operating instructions by the customer are excluded.
12.13 TIMESYS GmbH assumes no liability for the success of the treatment. The burden of proof for a technical failure lies with the customer.
It is pointed out that the handpieces of all devices marketed by TIMESYS GmbH contain sensitive components and therefore can not be ruled out that they require maintenance or repair several times a year if not properly cleaned or used and must be renewed if necessary. A defect on the handpiece does not entitle the buyer to withdraw from the purchase contract, if this is not clearly due to a defect in the handover of the device to the buyer.
14.1 The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
14.2 The seller is fully liable for any legal reason
– in case of intent or gross negligence,
– in case of negligent or intentional injury to life, body or health,
– on the basis of a guarantee, unless otherwise stipulated,
– due to mandatory liability, such as under the Product Liability Act.
14.3 If the seller negligently violates an essential contractual obligation, the liability is limited to the contractually typical, foreseeable damage. Significant contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. Incidentally, a liability of the seller is excluded.
14.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
15.1 If the seller should grant a guarantee, this does not limit the buyer’s statutory warranty rights.
15.2 The warranty begins with the delivery of the device and covers the purchased device for the free repair and replacement of the parts recognized as defective by the seller as well as the necessary labor for the repair of the device.
15.3 Warranty is granted for electrical / electronic components within the device, as well as display (malfunction) and the electronic cooling unit in the handpiece.
15.4 The warranty is provided in such a way that defective parts are repaired at our discretion free of charge or replaced by faultless parts.
15.5 Devices which can be transported in a reasonable manner (eg in a car) and for which a guarantee service is claimed under this warranty must be handed over or sent to our establishment in Düsseldorf.
15.6 There is no guarantee for glass breakage (including crystal glass and filters in the handpiece as well as display jump, glass parts, glass tube), as this is not a manufacturing defect, but represents damage resulting from improper handling. Natural wear and tear parts such as xenon flash lamps, diodes, upholstery, foils, moving parts, hoses, closures, mechanical connections, etc. are excluded from the warranty. For all devices of TIMESYS GmbH, the complete handpiece of the device is excluded from the guarantee.
15.7 The warranty period will not be extended by work performed under the contractual warranty. In particular, the replacement of a part under the guarantee does not extend its term. The contractual guarantee of the exchanged Parts ends with the expiration of the warranty of the device.
15.8 Required for assertion in the warranty case is the type no. as well as serial no. of the device. All data on the customer’s device as well as the current warranty status are deposited with the seller.
-Seller of the written contract
Vogelsanger Weg 39
15.9 Note: The customer loses the claim under the contractual guarantee if:
– Changes or modifications were made to the equipment that was not carried out by the seller.
– The safety seals attached to the devices have been broken.
– The nameplates attached to the devices have been removed.
– Improper handling or improper use of the goods can be recognized.
– damage occurs that can not be attributed to the fault of TIMESYS GmbH. There is no guarantee for: natural wear and tear, improperly performed interventions or repair work on the part of the customer or third parties, unsuitable or improper use, faulty operation, assembly or commissioning, faulty or negligent treatment, improper cleaning and maintenance, use of unsuitable equipment or use not recommended application accessories, unsuitable operating room and environmental conditions, physical, chemical, electrochemical and electrical influences and without the agreement of the TIMESYS GmbH made change to the delivery item.
– The defect is due to intentional or grossly negligent damage caused by the user or the customer can not prove compliance with the instructions in the operating instructions.
– The pulse counter has been manipulated or changed or the actual pulse state can not be ascertained with certainty.
TIMESYS GmbH makes no warranty (express, implied, statutory or otherwise) for the quality, performance, accuracy, reliability, fitness for a particular purpose or other characteristics of the product or the accompanying software.
TIMESYS GmbH undertakes under this warranty only for the repair or replacement of products subject to these warranty conditions. TIMESYS GmbH shall not be liable for any loss or damage of a material or immaterial nature such as purchase price, loss of profit, loss of revenue, loss of data, loss of zest for life or unavailability of the product or related components arising directly, indirectly or as a result of products or services under this warranty or otherwise can. This applies to losses or damages due to:
Impairment or failure of the function of the product or related equipment due to defects or unavailability of the product while it is at TIMESYS GmbH or a specialist company, downtime and business impairments;Inaccuracies in the performance of the product or related products; Damage to or loss of software programs or removable data carriers; or Virus infestation and other causes.
This limitation of liability applies to losses and damages on whatever legal grounds, in particular due to negligence, tort, breach of contract, express or implied warranties and strict liability (even if TIMESYS GmbH or a specialist company has been advised of the possibilities of such damages).
If these exclusions of liability completely or partially contradict applicable law, TIMESYS GmbH limits the warranty or the liability as far as this is permitted by applicable regulations.
16. Software lock
Some device types of TIMESYS GmbH can be equipped with a software lock that would lock the device if the permitted usage time of the laser / IPL lamps is exceeded, for safety reasons. The suspension is lifted by TIMESYS GmbH. The publication of the code to lift the lock to the customer is not possible for safety reasons. The lock function on the device is connected to the software of the device and therefore can not be canceled.
17. Data storage / Google Analytics
The customer agrees that his data relevant for the execution of the contractual relationship are stored with the seller.
If you have given your consent, Google Analytics, a web analysis service of Google Ireland Limited (“Google”) is used on this website. The use includes the “Universal Analytics” operating mode. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus analyze a user’s activities across devices.
Purposes of the Processing
On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website and Internet use.
The legal basis for the use of Google Analytics is your consent in accordance with Art. 6 para. 1 lit. a GDPR.
Recipients or Categories of Recipients
The recipient of the collected data is Google.
Transfer to Third Countries
Personal data will be transferred to the USA under the EU-US Privacy Shield on the basis of the European Commission’s adequacy decision. You can download the certificate here.
Duration of Data Storage
The data sent by us and linked to cookies, user-identifiers (e. g. User-IDs) or advertising-identifiers are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month.
Rights of the Persons affected
You can revoke your consent at any time with effect for the future by blocking the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functionalities of this website to their full extent.
You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the Browser Add-on. Opt-out cookies will prevent future collection of your data when you visit this website. To prevent Universal Analytics from collecting data across different devices, you must opt-out on all systems used. If you click here, the opt-out cookie will be set: Disable Google Analytics.
18. Jurisdiction and applicable law
18.1 The sole place of jurisdiction, if the customer is a merchant, is Dusseldorf for all disputes arising directly or indirectly from the contractual relationship. However, the seller is also entitled to sue at the customer’s place of business.
18.2 For the legal relationships in connection with this contract, German substantive law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (C.I.S.G.). For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
19. Severability clause
Should individual provisions of the contract with the customer, including these GTC, be wholly or partially ineffective or ineffective or the agreements contain a gap, this shall not affect the validity of the remaining provisions.