Our terms and conditions
1. Conclusion / contents of the agreement
The following terms and conditions are an essential part for all contracts.
General or special conditions of trade are not valid with us, even if they have not been explicitly rejected.
Any supplementary agreement requires the written form of Be.Beyond GmbH & Co KG. Oral agreements are invalid. Prices are, unless otherwise agreed, exclusive of VAT and other customary charges (such as packaging, transportation, insurance).
2. Warranty and default
2.1 Be.Beyond GmbH & Co KG operates its internet service with the utmost care.
Nevertheless, it is possible that the online service is temporarily not available or access to the relevant databases is not possible for technical reasons.
Despite our best efforts, no guarantee for correctness, completeness and topicality of the information, as well as the availability or operation of this website can be given.
To connect over the Internet to the servers of Be.Beyond GmbH & Co KG, the licensee is solely responsible.
2.2 Be.Beyond GmbH & Co KG shall not be liable for significant impairment in their research concerning the content of the data which does not affect the use of the database significantly.
2.3 Be.Beyond GmbH & Co KG will immediately remove essential faults and errors of content and functionality of the database as well as minor inteferences in a reasonable time.
2.4 The Be.Beyond GmbH & Co KG can provide warranty by repair or replacement.
If these should fail, the participant is entitled to demand a corresponding reduction in price or withdraw from the contract in case permanently required services are affected.
3. Conformity of a service requiring approval
The customer is obliged to conform with the contract and to accept and review the provided services of Be.Beyond GmbH Co KG immediately.
The review period is ten working days from the notification of service delivery.
The services of Be.Beyond GmbH & Co KG shall be deemed accepted and delivered according to contract, unless the customer complains about material weknesses in written form within the period of time.
When installing and / or adapting the software, only those deficiencies are considered essential which lead to a considerable reduction in operational use of the software in such a way that a function is executed or incorrect in a way that the intended effect is not reachable on another acceptable path.
Defects through the use of the software or only slightly limits will not preclude an acceptance.
4. Guarantee
Be.Beyond GmbH & Co KG guarantees that the results of contract deliverables meet the agreed requirements and do not have defects that cancel their suitability for the contractual use or significantly diminish.
Defects that reduce the value or suitability of the results only slightly remain out of consideration.
A minor defect exists in particular if the customer himself can quickly eliminate it with little effort.
The customer may only assert rights claims based on defects, if the reported defects are reproducible and can be identified by using computer output.
Defects must be notified in writing and in an understandable form, stating the relevant information for the detection of defects.
5. Delays
Reasonable extension of agreed deadlines and dates occurs when the customer fails to meet its obligations or not to communicate to particular specifications.
Be.Beyond GmbH & Co KG is only behind schedule with its own obligations if the customer receives a written warning.
There is no delay occuring when the performance of Be.Beyond GmbH & Co KG is not fullfilled in time or order because of other companies involved in this project which fail to fulfill their service properly in time or order.
In these cases Be.Beyond GmbH & Co KG may demand an appropriate shift of the dates.
If the cause for the delay lies in the area of responsibility of the customer and thereby increases the cost of Be.Beyond GmbH & Co KG, Be.Beyond GmbH & Co KG can also insist on remuneration for his additional outlay.
6. Liability; secondary legislation
The liability exclusions and limitations for lacks at the point of delivery is excluded.
For damaged injury to body, life or health Be.Beyond GmbH & Co KG is liable in accordance with legal regulations.
For other damage Be.Beyond GmbH & Co KG is only liable if the damage was caused deliberately or through gross negligence. In addition, there is liability for damages based on the violation of essential contractual obligations (cardinal obligations), or the breach of contractual warranties or representations. In these cases the liability is the amount to the replacement of typical, predictable damage.
Damages instead of performance, reimbursement of expenses or a rescission of the contract, the customer can only assert, after he Be.Beyond GmbH & Co KG has previously set a reasonable deadline for performance or subsequent performance with the explanation that after the deadline or the performance . refuse subsequent performance, and is not the power or remedy within the time limit is.
As far as the contractual performance of Be.Beyond GmbH & Co KG includes the storage of the licensee's data, this licensee is oblidged to own this weekly data by retrieving a complete backup copy. Be.Beyond GmbH & Co KG is only indebted to substitute any damage as far as it would have occured with proper protection.
Responsibility and liability for the respective customer portals such as licenses of image rights and writings, compliance with distance selling laws lies exclusively with the operator of the respective LeadPrint products. The Be.Beyond GmbH & Co KG is expressly excluded of possible claims by third parties by the operator.
7. Rights of use of the software
The costumer is only allowed to use any software for his own purposes or such of third parties as agreed in the contract.
The customer may only transfer or grant access to the software to third parties if he has obtained the explicit written consent of Be.Beyond GmbH & Co KG for this purpose.
All rights to software solutions, in particular copyright, ownership and usage rights, remain with Be.Beyond GmbH & Co KG unless they have been expressly granted to the customer by contract. The Customer acknowledges that by Be.Beyond & Co KG GmbH manufactured, provided and / or delivered programs including user documentation are protected by copyright and that they constitute trade secrets of Be.Beyond GmbH & Co KG.
8. Conditions of payment
If no other payment arrangements have been made, bills of Be.Beyond GmbH & Co KG have to be paid immediately within 10 days without deduction. The customer is prohibited to offset its own claims, unless these are undisputed or legally valid. Changes are by appointment only and subject to conditional payment of bills of discounting. If payment in bills of exchange, checks or other instruction documents, then the customer bears the cost of discounting and redemption, unless otherwise expressly agreed. The payment is only made with credit for Be.Beyond GmbH & Co KG. In a reversal of an administrative fee of € 10 is levied.
7.1 The Be.Beyond GmbH & Co KG is not liable for infringement of patents, licenses or rights of third parties by using the provided software or components. The user / buyer is committed to an independent examination of the rights. The Be.Beyond GmbH & Co KG is expressively excluded of possible claims by third parties by the operator.
9. Contract duration and termination
9.1 The contract is indefinite and may be terminated by either party at the end of the month.
9.2 All offers are subject to change. Be.Beyond GmbH & Co KG reserves the right to reject orders explicitly. He will inform the customer without delay.
9.3 Be.Beyond GmbH & Co KG may terminate this contract for non-compliance of essential contractual obligations of the participant extraordinarily and without notice. This right is especially true if the participant's quality standard of "www.leader-Print.com", e.g. by hiring illegal content at risk.
9.4 An extraordinary right of termination, even if for technical or economic reasons, the attitude of the platform "www.leader-Print.com" is necessary. In this case, ending a payment obligation of the participant.
9.5 Be.Beyond GmbH & Co KG can cancel the contract unilaterally should take place after the payment deadline of 10 days and a reminder no clearing of open items.
9.6 A withdrawal from the contract must be in writing.
10. Compensation
10.1 The price list published at the time the order is placed on the websites of www.leader-Print.com applies. The change of tariffs is reserved.
10.2 With the creation of print files and / or ordering merchandise inside the package of services rise to the claim of Be.Beyond GmbH & Co KG on the fee.
10.3 Be.Beyond GmbH & Co KG provides the customer with an invoice for the fee. This is compensated for 10 days after the date of invoice by direct debit. In special cases, the invoice can also be the payment period of 10 days provided without direct debit.
10.5 Objectively justified doubts about the solvency of the client authorize the Be.Beyond GmbH & Co KG, make further orders already booked by the customer of the advance payment of compensation and the settlement of outstanding invoice amounts.
11. Legal venue and place of performance
Legal venue and place of performance to merchants for all liabilities arising under the contract is Willich. For the contract under German law applies excluding the UN sales law. The parties are entitled in addition to rise in the general jurisdiction of each other party complaint.
Date: 1st January 2005
Privacy note
The Be.Beyond GmbH & Co. KG only collects, processes and uses personal data of a user without further consent if it is necessary for the conclusion and settlement and for accounting reasons. Further information is only stored and processed for the purpose of customer support.
Regulary the name, address, telephone number, email address, bank details and access codes (inventory data) of the user are required for justification and settlement. This data is usually collected via electronic order form.
If the usage data (utilization data) are required for billing purposes, they are only stored up to six months after sending the invoice or until the user raises objections to the bill or, despite request of payment, is not paying the bill. If the data is needed to meet existing legal, statutory or contractual retention periods, Be.Beyond GmbH & Co KG will block the data.
The Be.Beyond GmbH & Co KG may transmit billing data to other service providers and third parties where this is necessary to determine the remuneration and settlement with the user. In case prerequisites are met, the Be.Beyond GmbH & Co KG is entitled to collect the personal data, process and use that are required to reveal and prevent from illegal utilization and to enforce their rights against the needs of users. Where it is necessary in individual cases, the Be.Beyond GmbH & Co KG is entitled to identify, isolate and eliminate defects and errors in communication systems, the stock and connection data of the participants to collect, process and use.
In accordance with the applicable policies of the Be.Beyond GmbH & Co KG is entitled to give information to law enforcement agencies and courts for the purpose of prosecution. The Be.Beyond GmbH & Co KG grants the user free of charge and to immediately provide information about the stored personal data. Information can be provided electronically to the user's request.
