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Information provided according to Sec. 5 German Telemedia Act (TMG)

BYOK GmbH
Industriestrasse 17
D 25462 Rellingen

Represented by:
CEO: Kai Byok

Contact:
Phone +49 (0) 4101 5999 0
Telefax +49 (0)4101 5999 55
E-Mail: info@byok.lighting

VAT:
DE183488948, Tax-No. 1829617466

Dispute resolution:
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
Please find our email in the impressum/legal notice.

We do not take part in online dispute resolutions at consumer arbitration boards.

Liability for Contents:
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.

Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.

Liability for Links:
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.

The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.

Copyright:
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.

Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.

Standard Terms and Conditions of Delivery and Business

BYOK GmbH 11/2019

§1 These Terms of Delivery shall govern all commercial transactions between BYOK GmbH and the customer. In particular, the customer’s Standard Terms of Business shall be no part of the agreement, regardless of whether they contain terms that conflict with or supplement these Terms of Delivery.

§2 1. The scope and terms of the order are based exclusively on BYOK GmbH’s written order confirmation. BYOK GmbH’s offers are generally subject to confirmation. If, as an exception, BYOK GmbH has made a binding written offer and it has been accepted by the customer in due time, BYOK GmbH’s written order confirmation shall still be controlling, unless the customer objects to it within 4 business days of receipt.   2. BYOK GmbH shall be entitled to modify the design or manufacture of the goods, as long as this is reasonable to the customer, taking the interests of BYOK GmbH into account. The standard of “reasonableness“ for the customer shall be the effect on the value and functionality of the goods, and for BYOK GmbH it shall be the technical requirements, particularly the production-related technical requirements.   3. The documents attached to the offer, such as illustrations, drawings, and information on weights and measures, shall only be controlling to the extent that they are expressly designated as binding.

§3 1. The customer shall inform itself of the relevant technical specifications before using the delivered goods. BYOK GmbH has no duty to provide information in this regard.   2. To the extent that BYOK GmbH has test certificates for the goods, it shall provide them to the customer, in full or in part, upon request. The customer itself is responsible for compliance with the restrictions set forth in the test certificates. BYOK GmbH shall have no liability in this regard.

§4 1. Information regarding the delivery period shall be non-binding, unless, as an exception, a binding delivery date is promised in writing. 2. If a binding delivery period is agreed upon as an exception, it shall commence with the date of the order confirmation. However, its commencement shall be postponed as long as all of the details of the order have not been clarified or all of the prerequisites for delivery have not been met, particularly if the customer has not made the agreed-upon prepayment, if necessary. BYOK GmbH is only bound by the delivery period if the customer fully meets its contractual obligations. The delivery deadline has been met if the goods have been shipped by the expiration thereof or the customer has been notified of the readiness of the goods for shipment.   3. In addition, the delivery period does not begin running until all of BYOK GmbH’s outstanding claims against the customer have been satisfied, if BYOK GmbH has expressly demanded their satisfaction.   4. If BYOK GmbH is prevented from making delivery by force majeure, the delivery deadline shall automatically be extended by the duration of the effect of the force majeure event plus a reasonable start-up time. Unforeseeable events that are not the responsibility of BYOK GmbH, which unreasonably impede delivery by BYOK GmbH or render it impossible, shall be the equivalent of force majeure. Examples of this are delivery delays by upstream suppliers, labor disputes, actions taken by government authorities, shortages of raw materials or energy, serious disruptions of operations, severe transport interruptions and driving bans.   5. If these circumstances last for more than four months, BYOK GmbH shall have the right to rescind the agreement. At the request of the customer, BYOK GmbH must declare whether it intends to rescind or to deliver within a reasonable period of time as determined by the customer. The customer shall have no claims for damages in this regards.   6. If it is BYOK GmbH’s fault that a reasonable delivery deadline was not met, it shall not be in default until the customer has given it a reasonable grace period, of at least one month, in writing and the grace period has expired without being utilized. Thereafter, the customer can rescind the agreement. The customer shall have no right to damages, unless BYOK GmbH was guilty of wrongful intent or gross negligence.   7. BYOK GmbH shall also be entitled to make partial deliveries. It can issue partial invoices for the partial deliveries.

§5 1. Unless otherwise agreed, the goods shall be delivered C.O.D.   2. The customer must pay the price set forth in the order confirmation and the invoice upon delivery of the goods plus the delivery fee. If shipment other than C.O.D. is agreed upon, payment can only be made in cash, by order check, or by bank transfer, unless otherwise agreed.   3. The customer shall have a right of set-off or withholding only with respect to claims that are uncontested or have been finally established by a court.

§6 1. If the customer does not accept the goods at the agreed-upon time, BYOK GmbH shall be entitled to store the goods at the cost and risk of the customer and to demand payment of the purchase price or to refuse to perform the agreement after the expiration of a reasonable grace period and to demand damages in lieu of performance.

§7 1. For domestic sales, the packaging shall be billed to the customer at cost. BYOK GmbH shall determine the type of packaging. If the customer wishes a special type of packaging, it shall bear the additional cost.   2. The customer shall have no damage claims based on defective packaging of the goods or failure to comply with an instruction regarding packaging, unless BYOK GmbH is guilty of wrongful intent or gross negligence.

§8 1. Unless otherwise agreed, the goods shall be shipped at the expense and risk of the customer. This shall apply even if BYOK GmbH, as an exception, agrees to assume the shipping costs. BYOK GmbH shall not be liable for lost or damaged goods. It is entitled to purchase transport insurance but is not required to do so, even for deliveries to foreign countries. The customer shall bear the costs of transport insurance. The risk shall pass to the customer as soon as the goods have left BYOK’s factory – even if partial deliveries are made or BYOK GmbH is to provide multiple services, such as installation services. If shipping is delayed for reasons for which BYOK GmbH is not responsible, or due to the customer’s conduct, the risk shall pass to the customer when BYOK GmbH notifies the customer that the goods are ready for shipping.   2. Unless the customer has given instructions to the contrary, BYOK GmbH shall determine the means of transport, the transport route and the transport insurance without being responsible for ensuring that the quickest or least expensive option is chosen. 

§9 1. The delivered goods shall remain the property of BYOK GmbH until the customer pays all of the outstanding claims that BYOK GmbH may have against the customer, now and in the future. If payment is made by check, BYOK GmbH’s claim is not satisfied until the amount is credited to BYOK GmbH’s account.   2. The customer may sell the goods to which BYOK GmbH has retained ownership or of which BYOK GmbH has co-ownership in the ordinary course of business, unless it is in payment default or has stopped making payments. The customer may not assign rights to the goods without the prior written consent of BYOK GmbH nor may the customer pledge the goods, transfer them as collateral or sell them abroad. If the customer sells goods subject to retention of ownership, it hereby assigns the rights against its buyers arising from the sale together with all ancillary rights, collateral and retentions of ownership to BYOK GmbH until all of BYOK GmbH’s claims are satisfied. BYOK GmbH can demand that the customer notify its buyers of the assignment and provide BYOK GmbH with all of the information and documents necessary for collection. However, the customer may collect on the claims assigned to BYOK GmbH as long as the customer is not in payment default and has not stopped making payments. If the payments owed to the customer from the resale of goods subject to retention of ownership by BYOK GmbH are deposited in a checking account, the customer hereby assigns its claims to the payments in the respective or acknowledged balance to BYOK GmbH in the amount of BYOK GmbH’s claims based on the resale of goods subject to its retention of ownership. If BYOK GmbH is only entitled to co-ownership of the goods sold, the aforementioned assignment shall only relate to the value of BYOK GmbH’s co-ownership rights. If goods for which FORM GmbH has retained ownership or in which BYOK GmbH holds co-ownership rights are sold together with other goods for a lump-sum price, the aforementioned assignment shall apply in the amount of the invoiced value of the goods subject to retention of ownership by BYOK GmbH or in the amount of the value of BYOK GmbH’s co-ownership rights. If the customer receives a check or a bill of exchange for the sale of goods subject to retention of ownership by BYOK GmbH, it hereby assigns the check or bill of exchange to BYOK GmbH until all of BYOK GmbH’s claims have been satisfied. The customer agrees to carefully store the check or bill of exchange for BYOK GmbH.   3. If the value of the goods subject to retention of ownership together with the other collateral provided to BYOK GmbH exceeds BYOK GmbH‘s claims against the customer by more than 20%, BYOK GmbH shall be obliged to release the collateral of its choice, if the customer so demands.   4. The customer shall promptly notify BYOK GmbH and object if goods subject to retention of ownership or other items or claims in which BYOK GmbH has rights are attached by third parties or some other impairment is feared. The necessary documents shall be attached to the notice. The customer shall reimburse BYOK GmbH for any expenses incurred by BYOK GmbH due to such incidents. 

§10 If, when goods are delivered to a foreign country, special legal or factual prerequisites in the importing state must be met for BYOK GmbH’s retention of ownership or the other rights referred to in § 9 to be valid, the customer shall advise BYOK GmbH of this and take such measures at its own expense. If the laws of the importing state do not recognize retention of ownership, but permit the seller to reserve other appropriate rights with respect to the delivery items, BYOK GmbH shall be enabled to exercise all rights of this type. To the extent that this does not equivalently collateralize the claims of BYOK GmbH against the customer, the customer shall provide BYOK GmbH with additional collateral at its own expense. The most recent German version of Incoterms shall also apply to foreign orders. 

§11 BYOK GmbH reserves the right to change the compositions, colors and surfaces of the materials used, as compared to the sample, due to the requirements of serial production. If the goods cannot be delivered in the technical condition offered when entering into the agreement because BYOK GmbH has unilaterally made technical improvements to its serial production after the purchase agreement had been signed, BYOK GmbH shall be entitled to deliver the improved version of the goods.

§12 1. The customer shall also be obliged to accept goods with minor defects, notwithstanding the warranty rights referred to below. These provisions shall also apply to custom-made goods.   2. The customer must promptly report defects in writing, no later than 3 business days after delivery. Otherwise, the customer shall lose its claims with respect to visible defects.   3. If the goods have defects, the customer can only demand elimination of the defects. BYOK GmbH shall be entitled to deliver defect-free goods instead of eliminating the defects. The shipping costs shall be borne by the customer.   4. However, the customer shall be entitled to rescind the agreement or demand a reduction in the price if the defect is not rectified, the supplier fails to rectify the defect within a reasonable period of time, BYOK GmbH refuses to rectify the defect or BYOK GmbH is at fault for delays in rectification of the defect.   5. Even if there is a culpable breach of the obligation to eliminate defects, the customer shall have no right to damages, including for losses caused by delay in the elimination of defects, unless BYOK GmbH is guilty of wrongful intent or gross negligence.   6. There shall be no liability for consequential damages, i.e. for damages to other legal interests of the customer, such as lost profits, etc., unless BYOK GmbH is subject to mandatory liability for consequential damages. In such cases, liability shall be limited to compensation for foreseeable losses.  7. BYOK GmbH shall have no liability to pay damages for default of performance or impossibility of performance, unless BYOK GmbH is guilty of wrongful intent or gross negligence. In such cases, liability shall also be limited to compensation for foreseeable losses.   8. BYOK GmbH shall have no liability for normal wear and tear and defects caused by poor maintenance, storage under inadequate conditions or improper handling of the goods.  9. To the extent that BYOK GmbH still has outstanding claims based on other deliveries to the customer, BYOK GmbH shall only be required to rectify the defects as and when these claims are satisfied.

§13 The customer shall not be entitled to assert damage claims, on whatever legal ground, particularly for tortious acts, manufacturer’s liability, bad advice, positive breach of duty, or culpa in contrahendo, unless BYOK GmbH is guilty of wrongful intent or gross negligence. 

§14 If BYOK GmbH is unable to supply the goods, the customer can rescind the agreement. The customer can assert no damage claims unless BYOK GmbH is guilty of wrongful intent or gross negligence. 

§15 The customer is prohibited from modifying the goods delivered by BYOK GmbH without the prior written consent of BYOK GmbH or to have third parties make such modifications. 

§16 Any deviations from these Standard Terms and Conditions of Delivery and Payment must be in written form. If individual provisions of these contract terms are invalid, the remaining provisions shall not be affected by the invalidity. The contracting parties agree to replace the invalid provision with another, economically comparable, provision. 

§17 The legal relationship between BYOK GmbH and the customer shall be subject to the laws of the Federal Republic of Germany.

§18 The place of performance for both contracting parties is at the registered office of BYOK GmbH. The competent courts where BYOK GmbH has its registered office shall have jurisdiction over all disputes between the supplier and the customer, including disputes regarding checks and bills of exchange. BYOK GmbH shall also be entitled to sue where the customer has its domicile or place of business.

Conditions of payment

Working Light | BYOK GMBH 11.2019

1. The first delivery must be prepaid.

2. Additional orders shall have payment periods of 14 days net. If payment is made by direct debit, a discount of 2% of the invoice amount will be granted.

3. All deliveries are made ex works.

4. All offers are subject to change.

5. When there is a complaint, series lights must be returned in their original packaging. If necessary, we will send the original packaging for an additional flat fee of EUR 20 plus shipping costs.

6. Series products can be taken back within three months of delivery unopened in the original packaging with a discount of 25% of the agreed-upon net purchase price, and a credit note will be issued for this amount. Return delivery must be freight prepaid for BYOK GmbH and accompanied by a return note. 

7. Custom-made products and special electrical solutions will not be taken back. This therefore rules out any cancellation, exchange or return in the absence of a defect for which BYOK is responsible.

8. Our written consent is required before supplying our products and submitting quotations to countries outside the EU, even through third parties.

CONDITIONS OF PAYMENT

Living Light | BYOK GMBH 11.2019

1. The first delivery must be prepaid, and a discount of 2% of the invoice amount will be granted.

2. Additional orders shall have payment periods of 14 days net. If payment is made by direct debit, a discount of 2% of the invoice amount will be granted.

3. A flat freight/transportation fee of EUR 12.50 will be collected for each order. A flat freight/transportation fee of EUR 15,00 will be charged on orders from EU countries outside of the Federal Republic of Germany. Goods will be delivered freight prepaid for orders in excess of EUR 1,250. This also applies to deliveries of spare parts. Express deliveries will be charge seperately.

4. With LED products, all lighting elements are included.

5. All offers are subject to change.

6. Lamps subject to complaints must be returned in the original packaging together with the test certificate, otherwise the warranty becomes null and void. If necessary, we will send the original packaging for an additional flat fee of EUR 10 plus shipping costs.

7. Series products can be taken back within three months of delivery unopened in the original packaging with a discount of 25% of the net purchase price, and a credit note will be issued for this amount. Return delivery must be freight prepaid for BYOK GmbH and accompanied by a return note.

8. Custom-made products and special electrical solutions will not be taken back. This therefore rules out any cancellation, exchange or return in the absence of a defect for which BYOK is responsible.

9. Our written consent is required before supplying our products and submitting quotations to countries outside the EU, even through third parties.