LYMB.iO GmbH, Gysslingstr.72, 80805 Munich, Germany

We confirm your order subject to the exclusive application of our general terms and conditions of sale.

§ 1 Application

1. These terms and conditions of sale shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.

2. These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our knowledge of differing or contrary terms.

3. These terms and conditions of sale shall only apply vis-à-vis entrepreneurs, governmental entities, or special governmental estates within the meaning of sec. 310 para. 1 BGB (German Civil Code).

4. These terms and conditions of sale also govern software licenses, subscriptions, and related digital services provided by us.

§ 2 Offer, Acceptance

1. Any order submitted by the client constitutes a binding offer to purchase our products or services under these terms. We reserve the right to accept such offers within two weeks of receipt. This acceptance may be communicated in writing, electronically, or via the activation of a software license. 

2. Acceptance of offers by clients can occur through multiple methods, including:

a. Electronic Signature: Offers sent to clients electronically can be accepted via e-signature, constituting a binding agreement.
b. Email Confirmation: Clients may send a written confirmation of acceptance or aa purchase order (PO) via email, which is considered valid acceptance.
c. Web Shop Purchases: Orders placed directly through our webshop are binding and are subject to these terms and conditions upon purchase.

3. Regardless of the method of acceptance, all agreements are subject to the exclusive application of these General Terms and Conditions.

§ 3 Prices, Payment

1. Prices are ex-works, exclusive of the respective statutory VAT (if applicable).

2. All hardware must be fully paid for before shipment. This policy also applies to project-specific pricing, prearranged contracts for bulk orders, and reseller agreements unless otherwise expressly negotiated. Any exceptions to this payment policy must be agreed upon in advance and confirmed by us in writing. Such deviations will apply only to the specific agreement outlined in the written confirmation and shall not establish any precedent for future transactions.

3. For software subscriptions, payment is due on the day of purchase. Subscriptions are available for monthly or yearly licenses unless otherwise agreed upon. Subscriptions renew automatically on the renewal date, and clients will receive multiple reminder emails before renewal. It is the client’s responsibility to ensure timely cancellation before the renewal date to avoid additional charges.

4. Software subscriptions that have already commenced cannot be canceled retroactively. Clients remain fully liable for the payment of subscriptions covering periods that have already started, even if the software or license was not actively used.

5. Payments must be made in EUR unless otherwise agreed. Clients bear all bank fees and any exchange rate differences that may apply.

6. Payment is deemed to have been made only when the full amount has been received in our designated account without any deductions for bank charges, currency exchange fees, or other transfer-related costs.

7. All invoices must be paid no later than two weeks after their due date. If payment is not received within this period, we may take further actions to recover the outstanding amount, including but not limited to withholding future deliveries, suspending ongoing services, or initiating legal collection proceedings.

8. In the event of late payments, we reserve the right to charge interest on the outstanding amount at a rate of 8% above the respective base interest rate per annum, as provided under applicable law.

§ 4 Offset, Retainer

1. The purchaser is not entitled to offset any claims against amounts owed to us unless such claims have been expressly acknowledged by us in writing or confirmed by a final, legally binding court judgment.

2. Retention or withholding of payments by the purchaser is not permitted, except when directly related to the specific goods or services in dispute and only to the extent necessary to address the defect or issue in question.

§ 5 Delivery

1. Delivery for hardware begins once full payment has been received. Goods will be prepared for shipping promptly.

a. Supply Chain Delays: In the event of delays within our supply chain, we will notify the client immediately. If the client has specific deadlines, we strongly recommend reaching out to confirm timelines and availability before completing the purchase.

2. The client may choose their preferred delivery method to suit their budget and expectations.

3. Digital services, such as software licenses, are delivered immediately after payment unless they involve additional customization or work, which will require more time.

4. All sales exclude customs duties, import taxes, or other related fees, which are the sole responsibility of the client.

Example: For shipments to non-EU countries, customs fees and import duties will apply. These are calculated and charged by the local authorities in the client’s jurisdiction and must be paid separately by the client.

§ 6 Passing of Risk, Shipment

1. All shipments are insured via our shipping provider. However, it is mandatory that the client inspects all deliveries upon receipt.

2. Any visible damage or discrepancies must be documented and reported immediately upon delivery. It is not possible to initiate claims for shipping damage if these inspections are not conducted correctly.

3. If the client requests shipment of the goods, the risk of loss or damage passes to the client upon dispatch, even if the shipment is insured.

§ 7 Retention of Title

1. We retain title to the goods until receipt of all payments in full. In case of breach of contract by the purchaser, including, without limitation, default in payment, we are entitled to take possession of the goods.

2. As long as the purchase price has not been completely paid, the purchaser shall immediately inform us in writing if the goods become subject to rights of third parties or other encumbrances.

3. The purchaser may resell goods subject to the above retention of title only in the course of regular business. In such cases, the purchaser assigns all claims arising from such resale to us. We agree not to collect these claims as long as the purchaser meets their payment obligations

4. If the security interest exceeds the secured claim by more than 10%, we will release the excess security upon the purchaser's request.

§ 8 Logo Retention

1. All MultiBall systems feature multiple logos and branding elements, which must remain visible and intact. The client is not allowed to remove or alter these without prior written consent from us.

2. White Labeling Option: It is possible to use the system as a white-label solution. However, this requires prior agreement, and any removal or replacement of logos or stickers must be explicitly approved in writing.

§ 9 Service and Warranty

1. Applicable Warranty Terms: The warranty terms for each purchase are as stated on the corresponding invoice.

2. Hardware Warranty Period: We provide a five-year warranty on all hardware components except for computers, projectors, and LED panels, which are subject to different warranty periods as stated in the invoice or product documentation.

3. Warranty Claims Procedure: Warranty claims must be submitted as soon as possible through our support ticket system to ensure swift processing. Once a claim has been submitted, the client may choose from two options for resolution:

4. Inspection and Quality Control: Returned parts will be subjected to a quality inspection to determine whether the issue was due to a manufacturing defect or improper use. If the issue is not covered under warranty (e.g., damage caused by improper use), the client will have two options:

5. Shipping Costs: For warranty replacements, the client is responsible for the cost of shipping the defective part back to us. We will cover the cost of shipping the replacement part back to the client.

6. Delivery Service: The delivery service used for warranty replacements will be the same service level as outlined in §5, with the default being standard delivery unless otherwise specified. Express delivery options are available at an additional cost.

7. Packaging Requirements: The client is responsible for packing the returned part in accordance with the logistics service provider's packing conditions to ensure proper protection during shipment. This is required so that UPS will accept liability for any damage that may occur during transit, as outlined in §6.

8. What is Covered: The warranty covers defects in materials or workmanship under normal use. Misuse is defined as improper handling, unauthorized modifications, use of the product outside the specified parameters, or failure to follow maintenance and operating instructions. Issues resulting from misuse, neglect, accidents, or external factors are not covered under warranty.

9. "Money Back" Guarantee: As stated on our website, a "money back" guarantee applies under specific conditions: The product must be returned in its original condition within the stated guarantee period. The guarantee is void if the product shows signs of misuse or improper handling. The refund provided under the money-back guarantee will be limited to the residual value of the product at the time of return, taking into account depreciation or wear and tear.

10. Acceptance of Warranty Decisions: If we determine that an issue is not covered under warranty, this decision must be accepted by the client.

11. Warranty claims can only be made by the end customer who purchased the product. Resellers, distributors, or partners are not eligible to claim a warranty on behalf of their clients.

12. During service or maintenance, you grant LYMB.iO service workers access to your system to test the camera's functionality, remote control, and other features.

§ 10 Liability

1. In case of intent or gross negligence on our part or by our agents or assistants in performance, we are liable according to the provisions of applicable law. The same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentional, our liability for damages shall be limited to the typically predictable damage.

2. Our liability for culpable damage to life, body, or health as well as our liability under the Product Liability Act shall remain unaffected.

3. Any liability not expressly provided for above shall be disclaimed.

§ 11 Software and Digital Services

1. Software licenses and subscriptions are provided on an as-is basis.

2. We reserve the right to update or modify software periodically, which may require temporary service interruptions.

3. Software licenses are non-transferable and may only be used by the purchasing entity. Any resale, sublicense, or transfer without prior written consent is prohibited.

§ 12 Force Majeure

1. Neither party shall be liable for non-performance caused by events beyond reasonable control, including natural disasters, war, pandemics, governmental actions, or disruptions in supply chains or transportation.

2. In such cases, both parties are entitled to an extension of time to fulfill their obligations or, if the disruption continues for an unreasonable period, to rescind the contract without penalties.