General Terms and Conditions
General Terms and Conditions of Business, Payment and Delivery of Nuclear Blast Tonträger Produktions-und Vertriebs GmbH
Section 1 Scope of application; definitions
1. These General Terms and Conditions shall apply to all business relationships with our customers. The version of our General Terms and Conditions which is valid at the time of ordering shall be decisive. Any deviating customer terms and conditions shall require our written consent.
2. The goods we offer are targeted to consumers and entrepreneurs alike, as long as they are end consumers. A consumer within the meaning of these terms and conditions refers to any natural person who signs the agreement for a purpose that cannot be predominantly attributed to his/her commercial or independent professional activities. An entrepreneur within the meaning of these General Terms and Conditions refers to a natural person, legal entity or partnership with legal capacity acting within the bounds of his/her/its commercial or independent professional activities at the time the agreement is concluded.
3. These General Terms and Conditions shall not apply to the digital content download offers linked to on our website, www.nuclearblast.de. The digital content download offers linked to on our website are provided by Ganxy, Inc, 3015 Fort Hamilton Parkway, Suite 2R, Brooklyn, NY 11210, USA (hereinafter referred to as "Ganxy"). Nuclear Blast only links to the Ganxy offers at http://get.ganxy.com/. Nuclear Blast does not act as a contractual partner or as a representative or agent within the scope of concluding the agreement. Ganxy shall be the sole contractual partner.
Section 2 Conclusion of agreement
1. The goods offered on our website do not represent the conclusion of an agreement but rather only a request that customers place an order. Orders placed by the customer represent a binding offer regardless of the medium used, whether it be written, oral, by telephone or via data transfer. The agreement for the delivery of goods shall commence at the time the item is shipped to the customer. Confirmation that the customer's order has been received shall not constitute acceptance of the offer. The sole purpose of this confirmation is to provide information that the order has been received.
2. We save the text of the agreement. The agreement shall be concluded in the offered language that you used to log in (German, English or French). The same shall also apply to further processing of the agreement.
Section 3 Delivery and costs
1. Delivery shall be conducted pursuant to the agreement with the customer. The delivery date shall be displayed for the customer on the order page.
2. The item(s) ordered shall be delivered only while supplies last. The ability to deliver all products remains reserved.
3. If the customer is an entrepreneur, he/she shall assume the risk as soon as the goods have left the delivery site, even if we bear the transportation costs.
4. In cases of force majeure or operational or external disruptions of any kind (strike, lack of raw materials, delivery problems, etc.), the seller shall have the right to postpone, change or withdraw his/her obligation to make deliveries for the duration of the disruption.
5. Costs for international deliveries shall be born by the customer. Delivery costs shall be displayed under "Shipment."
6. There shall be no charge for postage or shipping costs (with the exception of concert tickets) for domestic delivery of order volumes exceeding EUR 100 (including VAT) unless otherwise specified in these terms and conditions. Postage fees for COD shipments shall not be included. The customer shall bear any additional cost for express shipment or shipment per certified mail.
7. All costs pertaining to the order shall be displayed for the customer on the order overview page before the order has been finalized.
Section 4 Prices
1. Prices for each customer shall be based on the prices defined in the individual agreement signed with that customer.
2. If prices have not been negotiated or the customer is unable to provide proof that prices have been negotiated, the prices provided in the current catalogs and brochures or in the online shop shall apply.
3. Prices for final consumers shall include the VAT applicable at the time the agreement was concluded.
4. Unless otherwise expressly indicated in the catalog, prices refer to the depicted item in accordance with the description.
Section 5 Terms of payment
1. We only deliver our goods against invoice (except for mail order), cash in advance, COD, credit card or automatic payment. We reserve the right to exclude certain payment options depending on the order amount and the customer's credit standing. We generally make initial deliveries to new customers only against cash in advance, COD or credit card.
2. Payment shall not be considered final until the money has been paid and irrevocably credited to our account.
3. The specified amount due must be paid in full within 14 days upon receipt of invoice, unless otherwise agreed. If the customer is late in making his/her payment, we shall have the right to charge interest on arrears in the amount of 5% above the base interest rate or the legal interest in arrears valid at the time the order was placed. If we are able to provide proof of additional damage due to late payment, we shall have the right to enforce this claim. The customer shall only have the right to offset against said claims if the customer's counterclaim is legally asserted, undisputed or recognized by us in writing. In addition, the customer shall only have the right to exercise his/her right of retention to the extent the customer's counterclaim is based on the same contractual relationship.
Section 6 Consumer's right of withdrawal, exclusion of the right of withdrawal
1. (1) As a consumer, the customer has the right of withdrawal. The prerequisites for this right and the legal effects thereof are as stated in the instructions on the right of withdrawal below.
|Instructions on the right of withdrawal
Right of withdrawal:
You have the right to withdraw this agreement within fourteen days without providing a reason for doing so.
The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last item of goods.
To exercise your right of withdrawal, you must inform us (Nuclear Blast GmbH, Oeschstr. 40, 73072 Donzdorf, Germany, fax: +49 (0)7162 24556, email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back or hand over the goods to us undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.’
2. Pursuant to Sec. 312g para. 2 German Civil Code (BGB), there shall be no right of withdrawal if, among other things,
a) goods are delivered that have not been prefabricated and are to be used to produce an individual selection or for some other use determined by the consumer or have clearly been customized;
b) the goods delivered are sealed and cannot be returned for reasons of health safety or hygiene if the seal has been broken;
c) the goods delivered are sound or video recordings or computer software in sealed packaging and the seal was broken after delivery or
d) services have been provided in connection with recreational activities (e.g., concert or event tickets).
Section 7 Warranties
1. If the customer is a consumer, the legal warranty regulations shall apply.
2. If the customer is an entrepreneur, the following warranty regulations shall apply for agreements involving the delivery of goods:
a. Defects shall be reported immediately upon receipt of the ordered items. Notice of defect shall no longer be permitted if the seller is no longer able to inspect the item claimed to be defective or the customer has failed to submit an immediate written notice of defect.
b. In cases of warranty, we shall either repair or replace the defective item at our own discretion. If the repairs or replacement item are not effective, the customer may either decide to resign from the agreement or demand a price reduction.
b. Claims for defectsbecome time barred in one year following delivery of the ordered items. This also applies to claims for damages and reimbursement of expenses due to defects except in cases that can be attributed to violation of obligations involving willful intent or gross negligence, infringement of warranties or damage to life, limb or health.
Section 8 Liability
1. We are liable for compensation for damages only in the cases described under a) through d) as follows:
a. unlimited in cases involving damage to life, limb and/or health as well as damages caused by willful intent or gross negligence;
b. for damage and/or loss arising from failure to comply with any warranties issued in writing, within the scope of your property interest, which is covered by the purpose of the warranty and which was apparent to us upon your order;
c. in cases of product liability pursuant to the German Product Liability Act (Produkthaftungsgesetz);
d. liability for damages involving violation of essential contractual obligations due to slight negligence shall be limited to the scope of damage that we would typically expect upon concluding the agreement based on the factors and conditions of which we were aware at that time. Essential contractual obligations refer to basic obligations that were decisive in your decision to conclude the agreement, and compliance with which is to be expected;
2. Any other liability for damages on our part shall be excluded, regardless of the cause in law.
3. Claims for damages and reimbursement of expenses listed under para. 1 d) become time-barred within twelve months. The limitation period shall begin pursuant to Sec. 199 German Civil Code (BGB).
4. Where our liability is excluded in accordance with these terms and conditions, the same shall apply to the liability of our corporate bodies and vicarious agents, particularly to that of our employees.
Section 9 Transport damage
The following shall apply to entrepreneurs:
If the customer identifies damage to the packaging upon delivery, the customer must confirm the damage in writing upon accepting the goods from the transport company or immediately send us a written notification that the customer is accepting the goods with reservations due to the damaged packaging. We must be immediately notified in writing of any transport damage that is not identified until the goods have been unpacked. Notice of defect shall no longer be permitted if the seller is no longer able to inspect the item claimed to be defective or the customer has failed to submit an immediate written notice of defect by the specified deadline.
Section 10 Reservation of title
1. We reserve ownership of all delivered goods until payment has been received in full. The customer shall be under the obligation to immediately notify us of any change to his/her place of residence/business residence if payment for delivered items is still pending or if the goods have not yet been delivered. The customer shall not have the right to pawn the goods or assign them as security for debt.
2. The customer shall notify us immediately regarding any third-party access to products and accounts receivable still belonging to us.
3. The customer shall bear the costs of all measures that we judge reasonable in order to prevent such access; this shall particularly apply to costs for intervention processes.
4. Processing or alteration of the goods purchased by the buyer shall always be performed on our behalf. If the goods purchased are processed together with other items not belonging to us, we shall assume co-ownership of the new item in the proportion of the value of the goods purchased to the value of the processed items at the time they are processed.
Section 11 Data privacy
1. We collect, process and save all personal information provided by you exclusively in accordance with the provisions specified by the German Data Privacy Law.
Section 12 Identity of the supplier, contact
The web shop operator is
und Vertriebs GmbH
73072 Donzdorf, Germany
Tel: +49 (0)7162 9280-26
Fax: +49 (0)7162 24554
Managing directors authorized to represent the company: Markus Staiger and Martina Stumpp
Registration Court: Local Court Ulm
Register no.: HRB 540822
VAT identification no. pursuant to Sec. 27a Value Added Tax Act: DE 145459595
Notices of defect may be submitted either to the address listed above or via one of the following contact options:
Tel: +49 (0)7162 9280596
Fax: +49 (0)7162 24556
Section 13 Final provisions
1. German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. If the party placing the order is a merchant, the place of performance shall be Donzdorf, Germany.
3. The sole place of jurisdiction shall be Göppingen, Germany, for agreements with merchants. However, we shall also have the right to file a claim against the party placing the order in his/her general place of jurisdiction.
4. If individual provisions specified in these General Terms and Conditions are or become invalid, the validity of the remaining contractual provisions shall remain unaffected thereby.