General Terms and Conditions of Business, Payment and Delivery of Nuclear Blast Tonträger Produktions-und Vertriebs GmbH
1. The entire business relationship with our customers shall be governed solely by these Standard Terms and Conditions of Business. Any of the customer’s terms and conditions deviating from these Standard Terms and Conditions of Business shall apply only if we accept them in writing.
For the purpose of these Standard Terms and Conditions of Business, “consumers” shall be defined as natural persons without any commercial or independent business operations with whom business relations are established.
For the purpose of these Standard Terms and Conditions of Business, “business entities” shall be defined as natural or artificial persons or non-incorporated entities engaged in commercial or independent business operations with whom business relations are established.
For the purpose of these Standard Terms and Conditions of Business, “customers” shall be defined as comprising both consumers and business entities.
2. The goods shall be supplied solely in the versions, packaging units and minimum quantities specified in our catalogs, brochures or the webshop as most recently amended.
3. We reserve to make any changes to the goods without notice if this is in the interests of technological advancement. We also reserve the right to reasonably modify the shape and color of the goods without prior notice.
4. Any oral or ancillary agreements or any waiver of/modification to these Standard Terms and Conditions of Business or these representations shall be valid only if expressly confirmed in writing by us.
Sale of tickets:
NUCLEAR BLAST shall arrange the sale of tickets on behalf and in the name of the organizer in question. Accordingly, the contractual relationship shall arise solely between the organizer and customer. Orders may be placed on line, over the telephone, by fax or by letter. In all cases, the customer shall be deemed to have accepted these Standard Terms and Conditions of Business upon placing his order. The price invoiced shall be the value of the tickets plus a box office fee. Accordingly, the price printed on the ticket and the amount invoiced may not be identical. As a matter of principle, tickets which have been paid for may not be returned. Exception: If the concert is cancelled or there is a change of venue. The leisure services which NUCLEAR BLAST offers on behalf of the organizer, including but not limited to concert tickets, shall not be deemed to constitute a distance selling contract as defined in Section 312b of the German Civil Code. This means that the two-week revocation period shall be excluded. Accordingly, each order for tickets shall be binding upon being confirmed by NUCLEAR BLAST on behalf of the organizer with the result that the person ordering them shall be under an obligation to take acceptance of them and to pay for them. NUCLEAR BLAST shall not be liable for any circumstances beyond its control. In particular, the customer shall be solely responsible for personally ascertaining the time and venue of the concert and for personally determining whether it has been canceled or relocated. In particular, all liability for the effects of force majeure or for any circumstances within the control of the artist or the organizer or comparable events shall be excluded. Changes to the program or cast are not intended but may be made without notice and shall not give rise to any right to return the tickets. NUCLEAR BLAST does not guarantee or warrant that the organizer will provide the services specified. In this respect, the organizer’s standard terms and conditions of business shall apply.
Orders placed by the customer shall constitute a binding offer regardless of the medium used to place them, i.e. in writing, orally, by telephone or by data transmission.
1. Delivery shall be effected as quickly as possible.
2. Delivery shall be subject to the availability of the goods ordered. The availability of all products shall be subject to prior sale.
The following provisions shall apply to business entities:
Risk shall pass to the buyer as soon as the goods leave the place of dispatch notwithstanding the fact that the seller has agreed to bear the costs of transportation.
3. In the event of force majeure or any disruptions of any kinds outside its control (strike, shortage of raw materials, transportation disruptions etc.), the seller may delay, modify or revoke its delivery duties for the duration of such circumstances or disruption.
4. In the absence of any written agreement to the contrary, deliveries shall be effected “ex works”.
5. The seller reserves the right to effect part deliveries provided that this is reasonable for the customer.
6. The cost of deliveries to destinations outside Germany shall always be for the customer’s account.
7. In the case of orders with a gross value of over € 100, delivery to addresses inside Germany shall be postage/carriage paid (with the exception of concert tickets) in the absence of any provisions to the contrary herein. If cash on delivery has been agreed, the payment fee shall be for the customer’s account. The additional expense of sending goods by express or registered mail shall be for the customer’s account.
1. The prices applicable to the customer in question shall be determined in accordance with the individual price agreement entered into with the customer.
2. If no such price agreement has been entered into or cannot be proved to have been entered into by the customer, the prices stated in the catalogs and brochures as most recently amended shall apply. The right to change prices without notice is reserved. In the case of contracts already entered into, the agreed prices may not be changed.
3. In the absence of any stipulation to the contrary, the prices for final consumers shall include value added tax at the current rate.
4. In the absence of any stipulation to the contrary in the catalog, the prices shall refer to the article as illustrated therein in accordance with the description.
1. The following payment methods are available: payment on receipt of the invoice (except mail order), cash in advance, cash on delivery, by credit card or by direct bank debt. We reserve the right to determine that payment is to be effected on receipt of the invoice (except mail order), by partial or full cash in advance, by cash on delivery, by credit card or by direct bank debt. Where applicable, the customer shall be notified accordingly in advance. In the case of new customers, the only payment methods accepted shall be cash in advance, cash on delivery or credit card.
2. Payment shall not be deemed to have been made until it is irrevocably and finally credited to our account.
3. Payment in the form of stamps, cash or cheque shall not be accepted.
4. In the absence of any stipulation to the contrary, invoices shall be payable net immediately as of the date of invoice. If the customer is in default of payment, we may charge a late fee of 5% above the base central bank rate or the statutory late fees applicable as of the date of the order. We may also recover additional compensation for any additional loss or damage which we are able to prove to have incurred. The customer may only exercise netting rights if his counter-rights have been upheld in a court of law, are not disputed or have been acknowledged by us.
5. If prior to or at the time of delivery we become aware of any circumstances with respect to the customer’s economic situation indicating that our future claims may not be sufficiently secured or may even be at risk, we may demand advance payment or the provision of collateral. In this case, we may additionally rescind the contract without granting any additional time or providing any advance notice and recover damages for non-performance.
The following right of revocation is available solely to consumers:
Right of Revocation:
You may, without stating reasons and within 14 days, revoke your declaration of agreement in text form (e.g. letter, fax, email) or – when the subject matter has been relinquished to you prior to expiration of the time-limit - by returning the subject matter. The revocation period commences the day following receipt of this information in writing, however not before the recipient receives the subject matter (where repeat deliveries of the same type of merchandise are concerned, not before receipt of the first partial delivery) nor before fulfillment of our information obligations in accordance with Article 246 § 2 in combination with § 1 paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code) nor our obligations in accordance with § 312e paragraph 1 clause 1 BGB (German Civil Code) in combination with Article 246 § 3 EGBGB. The time-limit shall be deemed to have been observed by the timely dispatch of the declaration of revocation or the subject matter. The revocation is to be addressed to:
Nuclear Blast Tonträger Vertriebs GmbH
Telefax: +49 (0)7162 / 24556
Consequences of Revocation:
In case of a valid revocation, all mutually received services or products and any profit derived therefrom, if any, such as interest, are to be restituted by either side. In the event that you are unable to return the services or products received in their entirety or where you can only return them in a deteriorated state, then you will be liable to pay compensation where applicable. This shall not apply if deterioration is exclusively due to examination of the subject matter – as would be possible in a retail store. Deteriorated condition’ refers, for example, to altered, laundered or worn textiles/clothes/shoes or similar. This does not apply if the deterioration of the goods is solely due to them having been subjected to the kind of examination that you would carry out in a shop, for example. You can also prevent having to reimburse us by avoiding the use of goods as though they were your own property and by not undertaking any other actions which could impair their value. Subject matter that is able to be returned by parcel shall be returned at our risk. The costs of returning the subject matter will be met by yourselves when the merchandise supplied corresponds with the merchandise ordered and when the price of the subject matter to be returned does not exceed 40 Euro or if, when the price is higher, you have not yet rendered consideration or arranged for part payments by the date of revocation. Otherwise the return of the subject matter is free of charge for you. Subject matter that cannot be dispatched by parcel shall be collected at your premises. Obligations to reimburse payment must be fulfilled within 30 days. For you, the period commences with the dispatch of your revocation declaration or the dispatch of the subject matter, for us it commences with its receipt.
END OF INFORMATION ON RIGHT OF REVOCATION
Separate rules shall apply to the purchase of tickets; see § 1 General.
With respect to the return of goods, the following shall apply:
A. Clothing must be unworn and unwashed.
B. In the case of shoes and decoration items: The original packaging should not be used as a parcel. Please use a different box for external packaging.
In the event of any questions:
Telephone: +49 (0)7162 / 9280596
Telefax: +49 (0)7162 / 24556
1. For consumers:
The customer’s claims under the warranty shall initially be confined to the right to demand repairs or replacements, it being agreed that NUCLEAR BLAST may reject the customer’s request for either repairs or replacements if these can be provided only at unreasonable cost. Business entities shall have no such discretionary right. Repairs shall be deemed to have failed after the second fruitless attempt in the absence of any other circumstances arising by virtue of the type of the goods or the fault or any other factors. If the claim for proper performance fails to produce the desired results or NUCLEAR BLAST refuses to provide proper performance or fails to respond within a reasonable period set by the customer, the customer may reduce the amount owing or rescind the contract.
This shall not prejudice any other legal remedies which may be available.
The warranty shall not cover operating errors, damage caused by improper use, connection, installation or storage or third-party interference.
Consequences of Revocation:
The costs of returning the subject matter will be met by yourselves when the merchandise supplied corresponds with the merchandise ordered and when the price of the subject matter to be returned does not exceed 40 Euro or if, when the price is higher, you have not yet rendered consideration or arranged for part payments by the date of revocation.
2. For business entities:
1. Faults shall be reported immediately upon receipt of the goods. Complaints shall not be accepted if it is not possible for the seller to examine the goods concerned or the customer has failed to lodge a written complaint without delay.
2. In the case of a justified complaint, we shall at our discretion repair the goods, provide replacements or issue a credit note. If the repairs or replacements fail to provide the desired results, the customer may at its discretion return the goods or request a refund.
3. No other remedies including but not limited to damages shall be available to the customer except in the case of gross negligence or willful misconduct on our part or on the part of our servants.
4. In the event of any negligent breach of a material obligation, our liability shall be limited to foreseeable loss.
5. Complaints on account of technically induced, customary or minor deviations in the dimensions, weights, materials and colors of the goods shall not be accepted.
6. The acceptance of a complaint shall not relieve the customer of its payment obligations or its duty to accept delivery and store the goods properly.
7. Complaints concerning new goods shall be barred after the passage of one year in the case of final customers.
The following provisions shall apply to business entities:
If upon receipt of delivery, the customer detects damage to the packaging, it shall ask the forwarder to confirm the damage in writing upon acceptance of delivery or immediately notify us in writing of conditional acceptance of the delivery on account of the damage to the packaging. We must be notified immediately in writing of any damage in transit which is detected only after the goods have been unpacked. Complaints shall not be accepted if it is not possible for the seller to examine the goods concerned or the customer has failed to lodge a written complaint within the requisite period.
1. We shall retain full ownership rights in the goods supplied pending receipt of full payment. The customer undertakes to notify us of any change in the place of residence/business as long as any amounts remain due to us from the delivery of the goods or the goods have not yet been delivered. The customer may not pledge the goods or use them as collateral.
2. We shall be notified immediately of any third-party interference with the goods still owned by us and the receivables still outstanding.
3. In this connection, the customer shall bear the cost of all measures which we deem reasonable for averting such interference including but not limited to the cost of intervention processes.
4. The customer shall always be deemed to process or modify the goods delivered on our behalf. If the goods delivered are processed with other objects not belonging to us, we shall acquire co-ownership rights in the end product commensurate with the value of the goods delivered relative to the other objects processed.
1. In the case of business entities, the place of fulfillment shall be deemed to be Donzdorf.
2. In the case of contracts with business entities, all disputes shall be referred to the courts of law of the town of Göppingen.
3. It should be noted that customer data is stored in accordance with the German Federal Data Privacy Act and that, by placing his order, the Customer confirms that he agrees to his personal data being stored, processed and utilized in accordance with that Act.
4. German law shall be deemed to apply; this shall also apply to legal relations with foreign partners.
If these Standard Terms and Conditions of Business are excluded in part or in full from the contract or if any part thereof is deemed void, this shall have no effect on the validity of the remaining provisions. If these provisions are excluded from the contract or are deemed void, the relevant statutory provisions shall apply. The contract shall only be deemed to be void if in the light of the amendments required to be made in accordance with the relevant statutory processes continued performance of the contract results in undue hardship for either of the parties.