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General business terms and conditions with customer information

Allgemeine Geschäftsbedingungen

  1. Scope of application
  2. Contractual partner
  3. Offer and contract conclusion
  4. Prices
  5. Delivery time
  6. Right of ownership
  7. Delivery costs and transportation risk
  8. Default of acceptance
  9. Payment and Default
  10. Warranty
  11. Limitation of liability
  12. Notification of defects
  13. Binding deadlines
  14. Contractual language
  15. Storage of contractual text
  16. Applicable law
  17. Place of jurisdiction
  18. Reservation of receipt of goods by supplier
  19. Severability clause

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 by BPM Broadcast & Professional Media GmbH sold via this Internet shop. Differing Terms & Conditions of the customer are hereby expressly disclaimed.

(2) The offer in this online shop is provided solely to businesspersons. Contracts concluded through this online presence shall be concluded only with businesspersons.

(3) 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.

2. Contractual partner

The contractual partner of the user is:

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

Phone: +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 / Registration Court: Regional Court Hamburg, HRB 74792

3. Offer and 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 goods, the purchaser 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 two working days. In default of this, the offer shall be deemed to have been refused.

(2) When the customer has found the desired product, he can add this to his shopping cart, without obligation to buy, by clicking the button [Add to shopping cart]. The customer may view the contents of the shopping cart without obligation at any time by clicking the button [Shopping Cart] in the upper right hand area of the shop page. Products in the shopping cart may be removed by the customer at any time by clicking the red [X] symbol.

Should the customer wish to purchase the products in the shopping cart, he must click on the button [To Checkout]. After that, a login or the initial opening of a customer account is required. The customer also has the possibility to order as a guest user, however, in this case he must re-enter his data at future purchases.

Personal data is then to be entered in the following steps. Required fields are marked with a [*]. After selection of delivery and payment method, the customer reaches an overview page of the order together with the final price and its breakdown. The customer can review his choice and data and identify any mistakes as necessary. Any errors may be corrected by the customer by clicking the respective buttons [edit] and then re-entering the data/choice.

(3) The customer then concludes the order process by clicking the [purchase] button. The transaction may be cancelled up to this point at any time by closing the browser window.

4. Prices

All prices listed are net prices and exclude the statutory Value Added Tax.

5. Delivery Time

Products identified as "immediately available" have a delivery time of 1 – 3 working days from the order confirmation or, on selection of paying by prepayment, from receipt of payment. For those products identified as unavailable, the customer shall be notified of the expected delivery date in the order confirmation or of any deviation in delivery time in the respective offer.

6. Right of ownership

(1) The goods remain the property of BPM Broadcast & Professional Media GmbH until complete payment of all claims resulting from the business relationship have been settled.

(2) The buyer is obliged to treat the purchased goods with due care until ownership has been transferred to him. 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 BPM Broadcast & Professional Media GmbH in writing without delay in the event that the delivered goods are seized or otherwise subjected to the intervention of any third party.

(3) The buyer is entitled to sell the goods within the ordinary course of business. Any monies generated from the resale, up to the amount owed, belong to BPM Broadcast & Professional Media GmbH should the goods be sold before ownership has transferred. This also applies, should the goods be processed and then resold. The buyer remains entitled to collect all amounts due even after the act of transfer. The authority of BPM Broadcast & Professional Media GmbH to collect the claim itself remains unaffected by this. Provided 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 the claim not collected.

7. Delivery costs and transportation risk

(1) Shipping costs can be found on the sub-page "Delivery and Delivery Costs. Delivery shall be made only to countries indicated on this page.

(2) Delivery of the goods is made ex-works. The loading and transportation risk shall be borne by the purchaser. Transportation insurance will not be taken out unless such is expressly requested by the purchaser and agreed to be at his own cost.

(3) The goods will be packed with necessary care to protect against damage. Special packaging inasmuch as expressly requested by the customer shall be invoiced additionally to the purchaser.

(4) 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.

8. Default of Acceptance

Should the customer fail to accept the goods by the agreed time, or the acceptance be impossible by the agreed time due to the fault of the customer, the customer shall be in default of acceptance. In this case, the customer shall bear the costs of any additional expenditure incurred. BPM Broadcast & Professional Media GmbH reserves the right to set an extension period for acceptance of 10 working days. Should this second acceptance also fail, BPM Broadcast & Professional Media GmbH shall have the right to withdraw. In such a case, BPM Broadcast & Professional Media GmbH reserves the right to a claim for compensation to the flat rate of 15% of the net purchase price, the right to assertion regarding further damages remains reserved. The customer is permitted to submit evidence that no damage, or only minor damage, has resulted.

9. Payment and Default

(1) Payment may be made by PayPal, bank transfer, credit card, 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) The customer will be advised of the details necessary for payment after ordering.

(4) Dispatch of goods shall be made on receipt of payment when paying by prepayment.

(5) In case of payment by credit card, the credit card account will be charged after order confirmation.

(6) Should the customer be in default of payment, default interest to the amount of 8% above the basic interest rate will be payable.

10. Warranty

The period of warranty for new goods is one year, for used goods three months and commences on the date of delivery of the goods. The rights of the business according to §§ 478, 479 of the German Civil Code (BGB) remain unaffected by this. The reduction of the warranty period to one year, or for used goods to three months, shall not apply should there be the obligation to pay damages or compensation for bodily injury or damage to 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. Limitation of Liability

(1) BPM Broadcast & Professional Media GmbH shall be liable to an unlimited extent for damages only in the event of its intent or gross negligence.

(2) BPM Broadcast & Professional Media GmbH shall only be liable for simple negligence if it has committed a breach of an obligation of the contract which is essential for the performance of the contract and on whose fulfilment the customer may ordinarily rely (cardinal duty). Aside from this, liability in the case of simple negligence is excluded.

(3) As far as BPM Broadcast & Professional Media GmbH shall be liable for simple negligence in accordance with Point 11 (2), the liability shall be limited to damages the occurrence of which should have typically been anticipated in accordance with the circumstances known upon conclusion of contract.

(4) The above-mentioned limitations and exclusions of liability shall not apply in the event that a guarantee for the condition of the goods or service has been given or a defect has been fraudulently concealed. BPM Broadcast & Professional Media GmbH shall also be liable without limitation for damages to life, body and health.

12. 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 the seller 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 the seller has fraudulently concealed the defect and/or has provided a guarantee for such. Should the seller 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, the seller may undertake this at his own discretion by rectifying the defect or through the delivery or regeneration of the defect-free subject matter of the contract.

13. Binding Deadlines

(1) Binding deadlines shall always be set out in writing.

(2) Non-compliance with a delivery deadline only entitles the customer to withdraw from the contract when the customer has expressly indicated at the latest by the conclusion of the contract that a service thereafter makes no sense for the customer and that a service thereafter constitutes a non-fulfilment of contract (absolute fixed-date transaction).

(3) Should there be non-compliance with a delivery date, the customer is to grant BPM Broadcast & Professional Media GmbH a subsequent delivery period of 14 days. Only after such a period has passed is the customer entitled to withdraw. Points 13 (2) and 13 (4) of these GTC remain unaffected by this.

(4) BPM Broadcast & Professional Media GmbH shall not be liable for delays in service due to force majeure (e.g. strike, lockouts, official orders, general disturbances in telecommunications etc.) and circumstances under the control of the customer (e.g. non-timely fulfilment of cooperative performances, delays caused by third parties contracted by the customer etc.). BPM Broadcast & Professional Media GmbH shall in such cases be entitled to postpone the concerned services for the duration of such disruption plus an appropriate lead-time. BPM Broadcast & Professional Media GmbH shall inform the customer of any delays in service due to force majeure without delay.

14. Contractual Language

The contractual language is German.

15. Storage of contractual text

The contractual text shall not be saved by BPM Broadcast & Professional Media GmbH. The customer may do this by printing the offer using the shop’s or his browser’s print function. Saving the contract text in a form which may be recalled must be arranged by the customer himself (e.g. through a screenshot of the particular offer or by converting the contract text into PDF format).

16. Applicable law

Concluded contracts of sale are subject to the substantive law of the Federal Republic of Germany to the exclusion of UN purchase law.

17. Place of jurisdiction

If the customer is a businessperson, legal entity or special asset under public law, the place of jurisdiction of Hamburg shall be considered as agreed.

18. Reservation of receipt of goods by supplier

If, despite entering a covering transaction, supply difficulties occur for which BPM Broadcast & Professional Media GmbH is not responsible, BPM Broadcast & Professional Media GmbH reserves the right to withdraw from the contract. The customer will be notified of this without delay and, where necessary, BPM Broadcast & Professional Media GmbH shall suggest to the customer the supply of a similar product. Should no comparable product be available or the customer not wish the supply of a comparable product, BPM Broadcast & Professional Media GmbH will immediately refund any remuneration already received.

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.

 
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