General business terms and conditions with customer information
- Scope
- Contractual partners
- Offer and conclusion of contract
- Additional information on the ordering process
- Right of cancellation
- Return shipping costs when executing right of cancellation
- Delivery
- Retention of title
- Prices and shipping costs
- Payment
- Warranty
- Notification of defects
- Contractual language
- Information on the return of batteries
- Information on the sale, return and environmentally friendly disposal of electrical and electronic equipment
- Storing the contract
- Applicable law
- Agreement on place of jurisdiction
- Salvatory clause
The following general business terms and conditions also contain the legally required information on your rights in accordance with the regulations on contracts for distance selling and e-commerce.
Note:
For all links that are attached to this page, we explicitly declare that we have no influence on the design and content of the linked pages, distance ourselves from all contents of all linked pages on the website and do not adopt these contents as our own.
1. Scope
(1) The following general terms and conditions apply for all deliveries of BPM Broadcast & Professional Media GmbH when sold to entrepreneurs and consumers in this Internet shop.
(2) An entrepreneur as defined in § 14 BGB is a natural or legal person or a legal partnership that acts in a commercial or independent occupational capacity when concluding a legal transaction.
(3) A consumer as defined in § 13 BGB is any natural person who enters into a legal transaction for a purpose to which neither a commercial nor independent occupational activity can be attributed.
2. Contractual partners
You shall conclude contracts with:
BPM Broadcast & Professional Media GmbH
Authorised representative and president: Heinrich Buhr
Obenhauptstraße 15
D-22335 Hamburg
Tel.: +49 (0)40 / 557624 - 0
Fax: +49 (0)40 / 557624 - 25
E-Mail: info@bpm-media.de
VAT identification number: DE 812 998 455
Commercial register: District Court Hamburg, HRB 74792
3. Offer and conclusion of contract
(1) The offers in this Internet shop are a non-binding request for customers to order goods in the online shop.
(2) By ordering the desired goods, the buyer is submitting a binding offer to conclude a sales contract.
(3) The contract shall be concluded with BPM Broadcast & Professional Media GmbH's acceptance of the offer whereby it shall send an order confirmation with a notice on the legal right of cancellation and a payment request.
4. Additional information on the ordering process
When you find the desired product, you can put it by clicking the button [Add to shopping cart] in the shopping cart without obligation.
You may view the contents of the shopping cart at any time by clicking the button [Items in shopping cart] without obligation.
The products may be removed from the shopping cart at any time by clicking on the red icon [X].
If you want to buy the products in your shopping cart, click the button [To checkout].
Log in or create a customer account. You may also place an order as a guest, but you must enter your data again for future purchases in this case.
Then enter your data. Mandatory fields are marked with an [*].
After selecting the delivery and payment method, you will go to an overview of your order with the final price and its composition.
You can correct your entries by clicking on the button [Edit].
Then finish the ordering process by clicking the button [Submit order].
The process can be interrupted at any time up to this point by closing the browser window.
5. Right of cancellation
(1) Information on right of cancellation
Consumers as defined in § 13 BGB (German Civil Code) are entitled to the right of cancellation (cf. section 1 (3) of the general business terms and conditions).
You can help us to keep costs low in case of cancellation if you observe the instructions provided following the cancellation information. This would be very helpful but you are not obliged to do so. In consideration of the statutory provisions, the following information on the right of cancellation applies to the rights and obligations of consumers in the event of a cancellation:
Notice of right of cancellation for consumers
Right of cancellation
Once you have submitted your contractual statement to us, you may cancel without giving any reasons in writing (e.g. letter, fax, email) or by returning the goods after receiving them. The time limit begins after receipt of this notification in writing but not before receipt of the goods by the recipient and not before the fulfilment of our information obligations in accordance with § 312c section 2 BGB in association with § 1 paragraph 1, 2 and 4 BGB InfoV and our obligations in accordance with § 312e paragraph 1, sentence 1 BGB in association with § 3 BGB-InfoV. We shall make available to you with all required information up to the conclusion of the contract. Therefore, your cancellation period ends two weeks after receipt of the goods. If the expiry date falls on a Saturday, Sunday or holiday, the end-date is the next working day. The timely sending of the cancellation or item suffices for the observance of the cancellation period. The cancellation should be addressed to:
BPM Broadcast & Professional Media GmbH
Authorised representative and president: Heinrich Buhr
Obenhauptstraße 15
D-22335 Hamburg
Fax: +49 (0)40 / 557624 - 25
E-Mail: info@bpm-media.de
Implications of cancellation
In case of an effective cancellation, the mutually received benefits must be returned, and we must reimburse for any actual usage (interest) if applicable. You will not be held responsible for replacing the goods if used or there is any wear and tear or deterioration as a result of their use. Items that can be sent in parcels shall be returned at our risk. You must bear the costs for returning the goods if the delivered goods are consistent with what was ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if you have failed to provide the service in return or to make the contractually agreed partial payment at the time of the cancellation with the item being at a higher price. Otherwise, returning the item is free for you. Items that cannot be sent in parcels shall be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you with the sending of your cancellation or item and for us with its receipt.
-End of information on right of cancellation-
(2) Non-binding notification for the event of cancellation
Please do not send the goods back to us carriage forward. We will gladly refund you for the postage costs unless they should be borne by you. Please contact us before returning the goods in order to clarify the details in this regard:
BPM Broadcast & Professional Media GmbH
Authorised representative and president: Heinrich Buhr
Obenhauptstraße 15
D-22335 Hamburg
Tel: +49 (0)40 / 557624 - 0
Fax: +49 (0)40 / 557624 - 25
E-Mail: info@bpm-media.de
6. Return shipment costs if the right of cancellation is exercised
If the customer has the right of cancellation in accordance with § 312d paragraph 1 sentence 1 BGB, the regular costs for a return shipment will be charged when exercising the right of cancellation provided that the price of the item to be returned does not exceed an amount of 40 euros or if he has failed to provide the service in return or to make the contractually agreed partial payment at the time of the cancellation with the item being at a higher price unless the delivered goods are not consistent with the goods ordered. In all other cases, the buyer (customer) shall incur the costs associated with the return shipment.
7. Delivery
(1) The delivery shall take place within Germany as well as in the following countries: United Kingdom, Denmark, Sweden, Belgium, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Switzerland, Norway, Russia, Turkey and Ukraine.
(2) The delivery time will be communicated to you on the offer page. If no entry is made in this regard, the delivery time shall be xx working days from receipt of payment. If the delivery times differ in individual cases, we will inform you immediately prior to concluding the contract.
8. Retention of title
a. The following applies for the consumer: The goods that you purchased shall remain our property until payment in full.
b. The following applies for the entrepreneur:
- The goods that you purchased shall remain our property until full payment of all claims from the business relationship.
- The buyer is obligated to treat the goods with care as long as the property is not transferred to him. If maintenance and inspection work must be carried out prior to the transfer of ownership, the buyer must carry them out in a timely manner at his own expense. As long as ownership has not been transferred, the buyer must immediately inform us in writing if the delivered item has been seized or affected by other interference of third parties.
- The buyer is entitled to sell the retained goods in the ordinary course of business. The buyer shall herewith assign the receivables of the buyer from the resale of the retained goods to us in the amount of our outstanding purchase price claim. This applies even if the purchased item is processed and then resold. The buyer is authorised to collect the claim even after the assignment. Our authorisation to collect the claim ourselves remains unaffected. As long as the buyer meets his payment obligations, he is not in default and an application for insolvency proceedings against the buyer has not been filed or there is no cessation of payments, the assignment shall not be disclosed, however, and the claim shall not be collected by us.
9. Shipping costs
(1) Please find the amount of the shipping costs from the information on the subpage. "Shipping costs".
(3) The following applies for the consumer: The shipment shall occur in accordance with the legal provisions for the purchase of consumer goods at our risk. We reserve the right to insure the shipment.
The following applies for entrepreneurs: The risk of transport is transferred to the buyer as soon as the goods are given to the transport company.
(4) If a shipment fails to arrive for you, please inform us about it so that we can begin a search for it.
10. Payment
(1) The payment shall be made optionally via PayPal, bank transfer, credit card, cash on delivery (only within Germany) or invoice in individual cases.
(2) The payment "by invoice" is only possible after prior consultation. The payment method "cash on delivery" is only available within Germany.
(3) In selecting the payment method "cash on delivery," additional fees totalling 8.0 euros (cash on delivery and delivery charges) are included.
(4) We will provide the necessary data for payment after your order.
(5) The delivery shall occur after payment receipt for advance payments.
11. Warranty
The following applies for the sale to consumers:
The statutory provisions apply for the warranty unless otherwise agreed. The warranty period for new goods is two years, beginning with the date of delivery of the item to the buyer. The warranty period for used items is one year. The shortening of the warranty period to one year does not apply if the obligation to pay damages is based on bodily or health damages as a result of a defect, for which the seller is responsible, or on wilful misconduct or gross negligence of the seller or his agents. Notwithstanding the above, the seller is liable under Product Liability Law.
The following applies for the sale to entrepreneurs:
The warranty period for new goods is one year, beginning with the date of delivery of the item. A warranty for used items is excluded. The shortening of the warranty period to one year for new goods or the exclusion for used goods does not apply for if the obligation to pay damages is based on bodily or health damages due to a defect, for which the seller is responsible, or on gross negligence of the seller or his agents. Notwithstanding the above, the seller is liable under Product Liability Law.
12. Notification of defects
If the customer is a merchant as defined in the German Commercial Code (HGB), he is obliged to inspect the goods supplied after the delivery or transfer and, if there is a defect, to notify BPM Broadcast & Professional Media GmbH without delay within one week of receiving the product. If the customer fails to provide notification, the goods shall be deemed approved unless there is a defect that was not revealed in the inspection. If such a defect is revealed later, it must be reported without delay after the discovery otherwise the goods shall be deemed approved even with regard to this defect. The aforesaid shall not apply if BPM Broadcast & Professional Media GmbH conceals the defect fraudulently and/or has assumed an appropriate guarantee. If BPM Broadcast & Professional Media GmbH allows negotiations for a complaint, this does not represent a waiver of the objection of a late, insufficient or unsubstantiated notification of defect. Should the customer desire supplementary fulfilment, BPM Broadcast & Professional Media GmbH may undertake this based on its own choice by correcting the defect or by delivering the defect-free subject of the contract or newly producing it.
13. Contractual language
The contractual language is German.
14. Information on the return of batteries
According to the regulation on the return and disposal of used batteries and accumulators, we are obliged as a dealer to provide information about the rules and obligations regarding this. You will also receive the information required by the battery regulation with the shipment of goods. You may return the batteries obtained from us without charge after use. End consumers, according to § 7 BattV, are legally obliged to return used batteries whereby they do not have to differentiate by battery type or by the manufacturer or seller. Batteries may not be disposed of with normal consumer waste but should be returned to the distributor or collection stations furnished by the public waste management organisations. Batteries containing pollutants are labelled with a crossed-out rubbish bin. The chemical name of the pollutant, "Cd" for cadmium, "Hg" for mercury and "Pb" for lead can be found hereunder. Compare the following symbols.
Cd, Hg or Pb
End consumers, who are commercial or other business enterprises or public institutions, may agree to a place of return to with the community recycling system as well as with manufacturers, who have established their own system.
15. Information on the sale, return and environmentally friendly disposal of electrical and electronic equipment
Manufacturers have had to return old electrical equipment brought into circulation since the 13 August 2005. Manufacturers have had to label their electrical and electronic equipment brought into circulation after 23 November 2005 with a symbol (crossed-out rubbish bin).
Such old equipment is not disposed of as unsorted municipal waste but separately collected and disposed of through the local collection and return systems. Under the law, "Electrical and Electronic Equipment" of 23 March 2005, we only sell electrical and electronic equipment from manufacturers, who have been registered accordingly with the relevant authorities and are able to provide proof of an insolvency-proof guarantee for financing the collection and disposal of their electrical equipment.
16. Storage of the contract
(1) These general business terms and conditions will also be sent to you. Please save them as a precaution yourself by using the print function of your browser to print this page.
(2) We will not store the contract. You can save them by using the print function of your browser to print them. You must store the contract yourself in reproducible form (e.g. screenshot of the offer or by converting the contract into PDF format).
17. Applicable law
The following applies for entrepreneurs: The purchase contracts concluded are subject to the substantive law of the Federal Republic of Germany with the exclusion of UN purchase laws.
18. Agreement on place of jurisdiction
If the buyer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction shall be the business address of BPM Broadcast & Professional Media GmbH as agreed.
19. Salvatory clause
If one of the above-mentioned provisions is wholly or partially invalid by law, regulation or legislative change, all other provisions will remain unaffected and continue to apply to the full extent.
