General Terms and Conditions with Client Information
- Area of application
- Offer and contract conclusion
- Delivery time
- Binding deadlines
- Prices and shipping costs
- Transport risk, Default of acceptance
- Payment methods, Default interest
- Right of ownership
- Exclusion of right of cancellation
- Right to withdraw
- Statutory warranty rights
- Notice of defects
- Limitation of liability, Guarantees
- Contractual language, Storage of contractual text
- Applicable law, Place of jurisdiction
- Severability clause
- Advice for the disposal of batteries / rechargeable batteries
The supplier of the range of products presented in this online shop and the contractual partner for sales contracts that are concluded through this online shop is the following legal person (hereafter: ’Supplier’):
BPM Broadcast & Professional Media GmbH
Managing Director: Arne Buhr
Tel.: +49 (0)40 / 55 76 24 - 0
Fax: +49 (0)40 / 55 76 24 - 25
VAT Identification Number: DE 812 998 455
Commercial Register: Local Court Hamburg, HRB 74792
2. Area of application
(1) The following Terms & Conditions (GTC) apply to all contracts that are concluded through this online shop. These also include the legally required information according to the provisions on distance selling contracts and e-commerce.
(2) The offer in this online shop is exclusively provided to businesses. Contracts concluded through this online presence are exclusively concluded with businesses.
(3) GTC of the Customer that differ to ours shall cease to have effect without prior written approval of the Supplier.
(4) A business 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. Offer and contract conclusion
(1) The product presentations in this online shop are always subject to change and do not represent an offer in any legal sense. Through the product presentation, the Customer is invited to add the desired products to a shopping cart and through ordering the products, submit a legally binding offer for the purchase of the ordered products. The date of the contract conclusion is based on Point 4. (3) of these GTC.
(2) The Customer has the possibility through the shopping cart function to add desired products to the shopping cart. To do this, the corresponding button, or rather the symbol on the particular product page should be clicked on. An undesired or already chosen product can be removed from the shopping cart at any time by calling up the shopping cart and removing said product through clicking the delete button.
(3) The Customer can initiate the payment process when all desired products are in the shopping cart:
(a) ’Checkout’ Button:
Through clicking on the checkout button, the Customer can log in to an already existing customer account, register for a new customer account or make an order as a guest user without opening a customer account. The contract processing that follows requires the Customer to provide necessary personal data where mandatory fields are highlighted. The desired payment and shipping method will then be asked for. At the end of the order process, the Customer will arrive at a summary page (‘Checkout’) that shows the input data, the desired products selected by the Customer and their costs and composition. The Customer can check the selection and input at this stage. Errors can be corrected using the corresponding change and new input/new choice buttons. The Customer completes the purchase by clicking on the order button [‘Commit to Buy’] and a legally binding offer to conclude a contract is submitted. The conclusion of contract takes place through the acceptance of the offer by the Supplier by sending a confirmation of order within 48 hours. Failing which the offer is considered as rejected.
(b) ’Direct to PayPal’ Button:
When choosing the instant payment system ‘PayPal Plus’ and clicking on the ‘direct to PayPal’ button, the Customer is redirected to the PayPal login page. Following a successful login, the shopping cart and registered address and payment details are displayed. The Customer has the possibility to check his input information here and correct any errors and new entries or choices by clicking on the respective buttons [‘change’]. The purchase is completed and the contract with the Supplier concluded immediately by clicking on the button [‘Pay now’].
4. Delivery time
The delivery time is shown on the detailed product page. Products listed as ‘immediately available’ have a delivery time of 1 - 3 working days from the confirmation of order or, in the case of prepayment, from receipt of payment with the Supplier. For products listed as ‘unavailable’, the Customer will be informed of the expected delivery date in the order confirmation or notified in the respective offer of a different delivery time. Sundays and public holidays are not included in the delivery time calculation. The given delivery time applies only to shipping within Germany. Shipping outside of Germany, where offered, can take a further 3 - 4 working days.
5. Binding deadlines
(1) Binding deadlines are always set out in writing.
(2) Failure to meet a delivery date only allows the Customer to withdraw from the contract if the Customer has expressly notified by the conclusion of the contract that a delivery after this delivery date does not make sense and a late delivery does not constitute contract fulfilment (absolute fixed-date transaction).
(3) If a delivery date is not met, the Customer shall grant an additional delivery period of 14 days. The Customer has the right to withdraw only after this said period has expired unsuccessfully. Points 5. (2) and 5. (4) of these GTC remain unaffected.
(4) The Supplier is not responsible for delays in the rendering of services due to force majeure (e.g. strikes, lock-outs, official orders, general telecommunication interference etc.) and circumstances under the control of the Customer (e.g. non-timely performance of cooperation services, delays caused by third parties contracted by the Customer etc.). In this case, the Supplier has the right to make up the provision of the services concerned in a period of the duration of the disruption plus an appropriate start-up period. The Supplier will advise the Customer of delays in performance due to force majeure immediately.
6. Prices and shipping costs
(1) The prices listed in this online shop are net prices and exclude value added tax at the statutory rate.
(2) Shipping costs, as necessary, are listed according to delivery area on a corresponding and linked subpage.
(3) If shipping outside the EU is offered, additional duties, tax and fees may be incurred. The Customer will bear costs that are to be paid to the appropriate customs or tax authorities. The Customer can obtain further information prior to placing an order from the appropriate customs or tax authority. Helpful information pages such as the following can also assist, for example:
7. Transport risk, Default of acceptance
(1) The delivery of the goods is effected ex-works. The Customer bears the risk of loading and transport. Transport insurance will not be taken out, unless expressly requested and paid for by the Customer.
(2) The goods will be packed with customary care to protect against damage. Special packaging, where specifically requested by the Customer, shall be charged separately.
(3) The Customer shall bear any additional costs should the Customer be responsible for the undeliverability of the shipment. Shipments are considered as undeliverable if no person authorised to receive the goods is encountered and the period for collection lapses unsuccessfully, acceptance is refused by the recipient or authorised representative or the recipient cannot be found at the address given by the Customer. Refusal of acceptance is also considered as the prevention of delivery through available reception equipment (e.g. sealed/prevention of insertion at letterbox/parcel box), the refusal to pay the cash-on-delivery sum / expenses (if payment on delivery is offered and chosen by the Customer) or refusal to hand over a notice of receipt.
(4) If the Customer does not accept the goods by the agreed date, or acceptance is not possible by the agreed date due to the fault of the Customer, the Customer shall be in delay of acceptance and bear any extra costs incurred. The Supplier reserves the right to grant a period of grace for acceptance of 10 working days. The Supplier has the right to withdraw should the second acceptance fail. In such cases, the Supplier reserves the right to claim a lump-sum compensation sum of 15 % of the net purchase price. The right to assertion regarding further damages remains reserved. The Customer has the right to prove that no, or only limited, loss or damage has occurred.
8. Payment methods, Default interest
(1) The Customer may choose to pay by PayPal, bank transfer, credit card, cash on delivery or, on a case-by-case basis, invoice.
(2) A purchase on account is only possible after previous agreement with the Supplier.
(3) Payment by cash on delivery is only offered within Germany.
(4) A fee of 8.00 Euros will be incurred in addition to the standard shipping costs when paying by cash on delivery.
(5) When paying by credit card, the credit card account will be charged following order confirmation.
(6) The despatch of goods will take place following the Supplier’s receipt of payment when paying by prepayment.
(7) Should the Customer fall into arrears, default interest will be charged at a rate of 8 percentage points above the basic interest rate.
9. Right of ownership
(1) The goods remain the property of the Supplier until full payment in respect of all claims arising from the business relationship has been made.
(2) The Customer 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 Customer must perform this promptly at his own expense. As long as ownership has not been transferred, the Customer must notify the Supplier in writing without delay in the event that the delivered goods are impounded or otherwise subjected to the intervention of any third party.
(3) The Customer is entitled to resell the reserved goods within the ordinary course of business. Any monies received from the resale of the reserved goods, 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 Customer retains the right to collect the receivables after the act of transfer. The authority of the Supplier to collect all amounts due remains unaffected. As long as the Customer 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.
10. Exclusion of right of cancellation
As this online shop only concludes contracts with businesses, no right of cancellation exists for the Customer.
11. Right to withdraw
If delivery problems arise for the Supplier after the conclusion of a sales contract meaning that the goods will not be delivered according to type and quantity in time, the Supplier reserves the right to withdraw from the contract. The above shall apply only in the case that the Supplier is not responsible for the non-delivery, especially if the Supplier has completed a covering transaction for the performance of his contractual obligations in good time and he has informed the Customer affected immediately. The Supplier shall in such cases refund services already rendered to the Customer immediately.
12. Statutory warranty rights
(1) Contrary to legal requirements, in the case of contracts with businesses for the delivery of new goods, a period of warranty of one year is granted from the date of transfer to the Customer.
(2) In the case of contracts with businesses for the delivery of second-hand goods, a period of warranty of three months is granted from the date of transfer to the Customer.
(3) The rights of the business according to §§ 478, 479 of the German Civil Code (BGB) remain unaffected by this.
(4) The above reduction of warranty period shall not apply for claims for damages that have been caused by the Supplier, their legal representatives or vicarious agents in the following cases: fatalities, physical injuries or damage to health; wilful or grossly negligent breach of duty; if a defect is fraudulently concealed and if the breach of any duty whose fulfilment is a prerequisite for the proper implementation of the contract in the first place and in which the buyer may normally trust (cardinal obligation). Furthermore, the Supplier is liable according to the Product Liability Law insofar as the area of application of the Product Liability Law has been opened up, or in other cases laid down by law in which a liability of the Supplier is mandatory.
13. Notice of defects
If the Customer is a commercial trader as defined in the HGB (German Commercial Code), he must notify the Supplier of defects immediately or within one week of receipt of the goods at the latest. Defects that were unable to be detected even by careful inspection within this period must be advised of in writing immediately on detection, otherwise the goods shall be considered approved despite said defect. The above shall not apply if the Supplier has fraudulently concealed the defect or a corresponding guarantee has been granted. Should the Supplier enter into negotiations regarding a complaint, this in no way indicates a waiver to the right to assert that a complaint has been filed too late, is insufficient or unjustified.
14. Limitation of liability, Guarantees
(1) The Supplier is liable for damages without limitation, insofar it can be proven that the company acted with intent or gross negligence.
(2) The Supplier is liable for simple negligence only in the case of breach of a duty the fulfilment of which is a prerequisite for the proper implementation of the contract in the first place and in which the buyer may normally trust (cardinal obligation). Aside from this, liability is excluded in the event of simple negligence.
(3) Should the Supplier as aforesaid be liable for simple negligence, the liability is limited to any damages whose occurrence could typically be expected due to circumstances known upon conclusion of the contract.
(4) The aforementioned limitations and exclusions of liability shall not apply if a guarantee for the quality of the goods has been granted or if the defectiveness of the goods has been fraudulently concealed. The Supplier is also liable without limitation for damages that must be compensated for according to the Product Liability Law, as well as for fatalities, physical injuries or damage to health.
(5) Should the manufacturer or Supplier grant guarantees for certain products, this will be indicated on the particular product page or on a separately linked subpage. The Customer’s statutory legal rights, in particular the statutory warranty rights, shall remain unaffected by any guarantees granted.
15. Contractual language, Storage of contractual text
(1) The contractual language is German.
(2) The contractual text is not saved by the Supplier after the conclusion of the contract and is unavailable to the Customer. The Customer can print out the contractual text before the conclusion of the contract and/or save the essential web pages by making screenshots or converting them to PDF formats allowing them to be recalled.
16. Applicable law, Place of jurisdiction
(1) The sales contracts concluded through this online shop are subject to the substantive law of the Federal Republic of Germany to the exclusion of UN purchase law.
(2) If the buyer is a commercial trader as defined in the HGB (German Commercial Code), a legal entity under public law or a special asset body under public law, in the case of disputes concerning contracts that have been concluded through this online shop, the Court of Jurisdiction shall be understood to be agreed as the district in which the Supplier has its registered office.
17. 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.
18. Advice for the disposal of batteries / rechargeable batteries
The following should be noted if batteries or rechargeable batteries are included within the scope of delivery: used batteries and rechargeable batteries must not be disposed of with normal household waste. Used batteries and rechargeable batteries must by law only be disposed of at retailers or specialist collection points. Retailers and manufacturers are legally obliged to take back batteries and rechargeable batteries free of charge and to reprocess them appropriately or dispose of them as hazardous waste. The Customer may also give or send back batteries and rechargeable batteries at a communal collection point or to a local shop or the Supplier free of charge.
Batteries and rechargeable 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 symbol of the dustbin.