1. Scope of application
2. Contractual partner
3. Offer and contract conclusion
4. Right of cancellation
5. Return charges when exercising the right of withdrawal
6. Delivery
7. Right of ownership
8. Delivery costs
9. Payment
10. Warranty
11. Contractual language
12. Storage of contractual text
13. Reservation of receipt of goods by supplier
14. Notification of defects
15. Return of rechargeable and disposable batteries
16. Advice for the sale, return and environmentally sound disposal of electrical and electronic equipment
17. Applicable law
18. Place of jurisdiction
19. Severability clause

The following General Terms & Conditions (GTC) also contain information on legal requirements regarding your rights according to the provisions for distance selling contracts and e-commerce.

Note:
For all links placed on this site, we hereby explicitly declare that we do not hold any influence on their structure or contents. We dissociate ourselves from the contents of all internet-linked sites and do not adopt such content as our own.

1. Scope of application

(1) The following General Terms & Conditions (GTC) apply to all supplies of BPM Broadcast & Professional Media GmbH on the sale to businesses and customers via this internet shop.

(2) A businessperson under § 14 German Civil Code (BGB) is a physical person or legal entity or corporate partnership that enters into a legal transaction as part of their commercial or self-employed occupational activity.

(3) A customer under § 13 of the German Civil Code (BGB) is any physical person that enters into a legal transaction for a purpose that can be attributed neither to their employment nor to their self-employed occupational activity.

2. Contractual Partner

The contractual partner of the user is:

BPM Broadcast & Professional Media GmbH
Authorized Managing Director: Heinrich Buhr, Arne Buhr
Obenhauptstraße 15
D-22335 Hamburg

Tel.: +49 (0)40 / 557624 - 0
Fax: +49 (0)40 / 557624 - 25
E-Mail: info@bpm-media.de

Value Added Tax Identification Number: DE 812 998 455
Commercial Registry: Regional Court Hamburg, HRB 74792

3. Offer & Contract Conclusion

(1) The offers are a non-binding invitation to the customer to order goods from the online shop. With the order of the desired product, the client submits a binding offer to conclude a sales contract. The contract is concluded on the acceptance of the offer by the seller through the transmission of an order confirmation within 48 hours. In default of this, the offer shall be deemed to have been refused.

(2) When you have found the desired product, you can add this to your shopping cart, without obligation to buy, by clicking the button 'Add to shopping cart'. The contents of your shopping cart may be viewed without obligation at any time by clicking the button 'Shopping Cart'. Products in the shopping cart may be removed at any time by clicking the red [X] symbol. Should you wish to purchase the products in the shopping cart, click on the button 'To Checkout'. Then login or open a new customer account. You may order as a guest user, however, you must re-enter your data for future orders.

Then enter your personal data. Required fields are marked with a [*]. After selection of delivery and payment method, you will move to an overview page of your order together with the final price and its breakdown. Data may be corrected by clicking the [edit] button.

The order process is then concluded by clicking the [buy now] button.

The transaction may be cancelled up to this point at any time by closing the browser window.

4. Right of cancellation

(1) Information about your right of cancellation

Customers according to § 13 of the German Civil Code (BGB) have a right of cancellation. The customer is any physical person that enters into a legal transaction for a purpose that can be attributed neither to their employment nor to their self-employed occupational activity.

Right of Cancellation Policy for Customers

Right of Cancellation

You may revoke your contractual agreement in writing (e.g. letter, fax or Email) within 14 days without stating a reason or - if you receive the goods prior to the expiry of the term - by returning the merchandise. The period begins upon receipt of this notification in writing but not before receipt of the goods by the receiver (in the recurring supply of similar goods before receipt of the first partial delivery) and not before we have met our obligations to inform as defined by article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) as well as our duties according to § 312g section 1 (1) of the German Civil Code (BGB) in conjunction with article 246 § 3 of the Introductory Law to the German Civil Code (EGBGB). The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation is to be sent to:

BPM Broadcast & Professional Media GmbH
Authorized Managing Director:
Heinrich Buhr, Arne Buhr
Obenhauptstraße 15
D-22335 Hamburg

Fax: +49 (0)40 / 557624 - 25
E-Mail: info@bpm-media.de

Consequences of Cancellation

In the event of effective cancellation any mutually received services are to be refunded and possible benefits derived (e.g. interest) returned. Should you be partially or wholly unable to return the goods and benefits (e.g. user advantages) received from us or only to do so in a deteriorated condition you shall to this extent provide compensation accordingly. This does not apply if such deterioration is entirely attributable to their inspection for characteristics and functions as would have been possible and normal for you in, for instance, a retail outlet. Goods capable of being sent by parcel post should be returned to us at our risk. The customer shall bear the regular costs for the return of the goods should the received goods be those ordered and the cost of the items to be returned not exceed an amount of EUR 40 or, in case of a higher value, if the customer has not provided the payment or a partial payment in accordance with the contract concluded at the time of the cancellation. In other cases, the return delivery is free of charge for you. Items not suitable for shipment by parcel service shall be collected from you. Any obligation for reimbursement of payments must be fulfilled within 30 days. The deadline shall commence for the customer on the date the notice to cancel or the goods are sent and for us following receipt.

- END OF THE RIGHT OF CANCELLATION POLICY -

(2) Non-binding information in the case of cancellation

Please do not return the goods without the correct postage. Should you wish, we will gladly reimburse postal charges in advance providing these are not to be borne by you. Please contact us in this regard to arrange details before returning the goods.

BPM Broadcast & Professional Media GmbH
Authorized Managing Director:
Heinrich Buhr, Arne Buhr
Obenhauptstraße 15
D-22335 Hamburg

Tel: +49 (0)40 / 557624 - 0
Fax: +49 (0)40 / 557624 - 25
E-Mail: info@bpm-media.de

5. Return charges when exercising right of cancellation

Should the customer have the right of cancellation, the customer shall, on exercising the right of cancellation, bear the regular costs for the return of the goods should the price of the goods to be returned not exceed an amount of EUR 40 or in case of a higher value, if the customer has not provided the payment or a contractually agreed partial payment in accordance with the contract conclusion at the time of the cancellation unless the delivered goods do not correspond with those ordered. In all other cases the return delivery is to be paid by the seller.

6. Delivery

(1) Delivery is made within Germany and the following countries: Great Britain, Denmark, Sweden, Belgium, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Spain, the Czech Republic, Hungary, Cyprus, Switzerland, Norway, Russia, Turkey, and the Ukraine.

(2) Delivery time is 3-4 working days following receipt of payment. Should delivery times in individual cases differ, this will be noted on the particular product page.

7. Right of Ownership

a. Applicable to the consumer: goods purchased by you shall remain our property until full payment has been made.

b. Applicable to businesses:

• Goods bought by you remain our property until all payments resulting from the business relationship have been settled.
  
  
• The buyer is obliged to treat the purchased goods with due care until ownership has been transferred to him/her. Should servicing and inspection work be necessary prior to the transfer of ownership, the purchaser must perform this promptly at his own expense. As long as ownership has not been transferred, the customer must notify us in writing without delay in the event that the delivered goods are seized or otherwise subjected to the intervention of any third party.
  
  
• The buyer is entitled to sell the goods within the ordinary course of business. Any monies received from the resale, up to the amount owed to us, belong to us should you sell the goods before you own them. This also applies, should the goods be processed and then resold. The buyer may collect all amounts due even after the act of transfer. Our authority to collect the claim ourselves remains unaffected by this. As long as the buyer performs his payment obligations, is not in arrears and no application to open insolvency proceedings has been filed or suspension of payment exists, the act of transfer shall not be disclosed and we will refrain from collecting the claim.

8. Delivery costs

(1) For delivery costs, please refer to the information on the following webpage: "Shipping costs".

(2) Dispatch is made in accordance with the statutory regulations for the sale of consumer goods at our own risk. For businesses, the risk of transport transfers to the buyer as soon as the goods have been handed over to the transport company.

(3) In the case of payment by “cash on delivery”, “cash on delivery” charges and charges from the delivery service to a total amount of Euro 8.00 will be incurred in addition to normal delivery charges.

9. Payment

(1)Payment may be made by PayPal, bank transfer, cash on delivery (in Germany only) or in individual cases “by invoice”.

(2) Payment “by invoice” is only possible by prior arrangement. The payment method “cash on delivery” is only offered within Germany.

(3) We shall inform you of the details necessary for payment after ordering.

(4) Delivery is made on receipt of payment when paying by prepayment.

(5) The delivery shall occur after payment receipt for advance payments.

10. Warranty

(1) For sales to a customer the statutory period of warranty is 2 years.

For the sale to businesses: The period of warranty is one year and commences on the date of delivery of the goods. The rights of the business according to §§ 478, 479 remain unaffected by this. The reduction of the warranty period to one year shall not apply should there be the obligation to pay damages or compensation for bodily injury or damage to someone’s health sustained due to a fault for which the seller is responsible or by gross negligence by the seller or his vicarious agents. Liability according to the product liability law remains unaffected.

11. Contractual Language

The contractual language is German.

12. Storage of contract text

The contractual text is not saved by us. You may do this by printing the offer using your browser´s print function. Saving the contract text in a form which may be recalled must be arranged by the customer (e.g. through a screenshot of the particular offer or by converting the contract text into PDF format).

13. Reservation of receipt of goods by supplier

If, despite entering a covering transaction, supply difficulties occur which we are not responsible for, we reserve the right to withdraw from the contract. You will be notified of this in writing immediately and, where necessary, we will suggest the supply of a similar product. Should no comparable product be available or you not wish us to supply a comparable product, we will immediately refund any remuneration already received.

14. Notification of defects

If the customer is a commercial trader as defined in the HGB (German Commercial Code), he is obliged to inspect the supplied goods on delivery or handover and to notify BPM Broadcast & Professional Media GmbH of any defect without delay or at the latest within one week of receiving the goods. If the customer fails to report this, the goods are deemed to be approved, unless there is a defect which is not recognisable upon examination. If a defect becomes apparent at a later date, this must be indicated as soon as this discovery is made, otherwise the product is deemed accepted in spite of this defect. The above-mentioned does not apply if BPM Broadcast & Professional Media GmbH has fraudulently concealed the defect and/or has provided a guarantee for such. Should BPM Broadcast & Professional Media GmbH start negotiations regarding a defect, this does in no way constitute a waiver to the objection of delayed, insufficient or unfounded notification of defects. Should the customer demand supplementary performance, BPM Broadcast & Professional Media GmbH may undertake this at its own discretion by rectifying the defect or through the delivery or regeneration of the defect-free subject matter of the contract.

15. Return of rechargeable and disposable batteries

Cd, Hg or Pb

Some of our products are delivered with batteries. Used rechargeable and disposable batteries should not be disposed of as normal household waste. You are required to dispose of used rechargeable and disposable batteries only at retailers or specialist collection points (statutory requirement to return batteries). Retailers and manufacturers are obliged to accept the return of these batteries free of charge and duly recycle or dispose of them as hazardous waste (statutory take back requirement). You may also return these following use free of charge at a communal collection point or also to a local retailer. Should you wish to return rechargeable and disposable batteries to us, you may post them to us without cost. To avoid unnecessary postal charges, we would ask you to firstly use sufficient stamps on the parcel. We will then refund the postal charges to you.

Batteries are marked with the sign of a crossed-out dustbin. Batteries which contain more than 0.0005 % by mass of mercury, more than 0.002 % by mass of Cadmium or more than 0.004 % by mass of lead show the chemical symbols of each (Hg (mercury), Cd (cadmium) or Pb (lead)) under the dustbin.

16. Advice for the sale, return and environmentally sound disposal of electrical and electronic equipment

Manufacturers must accept the return of used electronic equipment brought into circulation since 13 August 2005 free of charge. Manufacturers have had to mark their electrical and electronic equipment placed on the market after 23 November 2005 with a symbol showing a crossed-out wheeled bin.

Such used devices are not to be disposed of as unsorted municipal waste but rather collected separately and disposed of through regional collection and recycling systems. In accordance with the Electrical and Electronic Equipment Act (ElektroG) of 23 March 2005, we only sell electrical or electronic equipment from manufacturers who have registered appropriately with the competent authority and can prove an insolvency-insured guarantee for the financing of the collection and disposal of electrical and electronic equipment.

17. Applicable law

Applicable to businesses: concluded contracts of sale are subject to the substantive law of the Federal Republic of Germany to the exclusion of UN purchase law.

18. Place of jurisdiction

If the customer is a businessperson, legal entity or special asset under public law, the place of jurisdiction of BPM Broadcast & Professional Media GmbH shall be considered as agreed.

19. Severability clause

Should any of the above provisions be wholly or partly ineffective due to legal provisions, regulations or amendments, all other provisions shall remain unaffected and retain their full and entire effect.