General Terms and Conditions
General Terms and Conditions for the Online Shop belonging to NUCLEAR BLAST Tonträger Produktions- und Vertriebs GmbH
(as at February 2017)
§ 1 Area of Jurisdiction, Definitions of Terms
(1) The following General Terms and Conditions apply to all business dealings between you as customer and ourselves, NUCLEAR BLAST Tonträger Produktions- und Vertriebs GmbH (hereafter also referred to as “NUCLEAR BLAST"), which are initiated and concluded via our online shop. That version of our General Terms and Conditions which is valid at the time of ordering shall be decisive. Any deviating conditions of the customer will not be recognized unless NUCLEAR BLAST has explicitly agreed to their validity.
(2) The goods and services offered in the NUCLEAR BLAST online shop are aimed at consumers and entrepreneurs alike as long as they are the end consumer. Within the meaning of these terms and conditions, (i) a “consumer” means every natural person who enters into the legal contract for purposes that are predominantly outside his trade, business or profession (§ 13 German Legal Code) and (ii) an entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into the legal contract, acts in exercise of his or its trade, business or profession. (§ 14 para. 1 German Civil Code).
(3) These General Terms and Conditions do not apply to download offers which are linked to the website www.nuclearblast.de and which have digital content. Such linked download offers of digital content are provided by Ganxy, Inc, 3015 Fort Hamilton Parkway, Suite 2R, Brooklyn, NY 11210, USA (hereafter known as “Ganxy“). NUCLEAR BLAST purely redirects Ganxy`s offers to http://get.ganxy.com/. NUCLEAR BLAST is neither contracting partner nor representative nor mediator within the scope of formation of the contract. Ganxy is the sole contractual partner.
§ 2 Completion of Purchase Agreement
(1) The goods and services offered on our website do not represent the conclusion of an agreement, but are solely an invitation to place an order.
(2) By placing an order, you submit to us an offer to complete a purchase or service agreement. Should goods be supplied, then an agreement materializes at the time of dispatching the ordered goods to you. Confirmation of the receipt of your order does not constitute acceptance of your offer. It merely serves to inform you that your order has been received.
(3) The text of the agreement will be stored by NUCLEAR BLAST. The language of the agreement is determined by the language in which you have logged onto the website (German, English, or French).
§ 3 Consumer’s Right of Withdrawal, Exclusion of the Right of Withdrawal
(1) As consumer, you are entitled to right of cancellation. The prerequisites of this right of cancellation and the legal effects thereof are set out in the following Instructions for Cancellation.
|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 Tonträger Produktions- und Vertriebs GmbH, Oeschstr. 40, 73072 Donzdorf, Germany, fax: +49 (0)7162 24556, phone +49 (0)7162 9280596 email: firstname.lastname@example.org) of your decision to withdraw from this con-tract 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, in-cluding 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 dead-line 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) The right of withdrawal in accordance with § 312g German Civil Code does not apply when, among others,
a) goods are delivered that have not been prefabricated or for whose production the consumer’s individual choice or purpose was decisive or which are clearly customized to meet personal demands or
b) the goods delivered have been sealed and, for reasons of health protection or hygiene, are not suitable for return once the seal has been broken or removed after delivery;
c) for the delivery of sound or video recordings or computer software in sealed packages if the seal has been removed after delivery or
d) for the performance of services in connection with leisure activities (e.g. concert or event tickets).
§ 4 Prices, Terms of Payment, Reservation of Ownership
(1) Unless otherwise agreed upon, those prices are valid that are contained on our internet page http://www.nuclearblast.de at the time of finalizing the agreement. You will be in arrears if the invoice has not been paid by the 14th day after the date of invoice.
(2) In principle, payments can be made by C.O.D., payment in advance (credit card, transfer or PayPal) or by direct debit. Transfers must be made to the NUCLEAR BLAST’s account with the Volksbank Göppingen IBAN DE26610605000107721023; BIC: GENO DE S1VGP giving the customer number as reference. Depending on the amount of the order and creditworthiness of the customer, in individual cases NUCLEAR BLAST retains the right to exclude certain methods of payment.
(3) For new customers, the method of direct debit as payment will only be available after the second order.
(4) The right to offset invoices only becomes available to you as customer when your counterclaims have been legally established, are uncontested or have been accepted by us. In addition, you are only authorized to exercise right of retention inasmuch as your counterclaim is based on the same contract.
(5) Should you be a customer with residence outside Germany, then you can pay by making an advance payment (credit card, transfer or PayPal). Should you be a customer with residence in Austria, then you have the additional possibility of paying by C.O.D. For transfers from outside Germany any banking fees arising are to be paid by you.
(6) The goods remain the property of NUCLEAR BLAST until all invoices have been fully paid. Should you become more than 14 days in arrears with payment, then NUCLEAR BLAST has the right to withdraw from the contract and to reclaim the goods.
§ 5 Delivery Costs, Terms of Delivery and Performance of Services
(1) Delivery costs can vary depending on the method of delivery and the character of the order. Further information concerning the delivery costs can be found on www.nuclearblast.de/en/shop/general/versand
(2) We supply the goods in accordance with the agreement made with you. The delivery dates can be found in detail on the order summary.
(3) Unless otherwise agreed upon, deliveries are made solely to the countries listed on www.nuclearblast.de/en/shop/general/versand
§ 6 Warranty
(1) For consumers within the meaning of § 13 German Civil Code, the legal warranty regulations are applicable.
(2) For enterprises within the meaning of § 14 German Civil Code however, the following warranty regulations are applicable for agreements concerning the delivery of goods:
(a) in case of defect we fulfill our warranty by means of subsequent fulfillment. Subsequent fulfillment is carried out by us at our discretion in the form of repair or replacement
(b) inasmuch as we are not in a position to or are not prepared to perform subsequent fulfillment, then you have the right to choose between cancelling the order or reducing the purchase price. This also applies when subsequent fulfillment fails, is unacceptable to you or when there is a delay for which we are responsible beyond an appropriate period.
(c) claims for defects lapse within one year from delivery of goods. This also applies to claims for damages and reimbursement of expenses caused by defects except in cases of deliberate or grossly negligent breach of duties, infringement of guarantees and/or injury to life, body or health.
§ 7 Liability, Damages and Reimbursement of Expenses
(1) We are liable for damages only in cases set out in a) to d) as follows:
(a) for injury to life, body and/or health as well as for damages due to deliberate or gross negligence without limitation;
(b) for damages arising from a breach of a written guarantee, we are liable only in the amount of the customer’s financial interest covered by the guarantee and apparent to us when giving the guarantee;
(c) in cases of liability according to product liability law;
(d) in cases of violation of essential contractual obligations caused by slight negligence, the resulting damage liability is limited to that extent of damage that we have to reckon with as typical considering the circumstances known to us at the time of concluding the contract. Essential contractual obligations are those basic obligations which were decisive for the conclusion of the contract and which you were legitimately entitled to expect;
(2) In all other cases liability for damage, regardless of the legal basis, is excluded.
(3) Claims for damages and reimbursement mentioned in the cases outlined in par. 1 lit. d) expire in twelve months. The statutory period of limitation begins in accordance with § 199 German Civil Code.
(4) Inasmuch as our liability is excluded under these conditions, the same also applies to the liability of our corporate bodies, vicarious agents and in particular for our employees.
§ 8 Data Protection
(1) Any personal data provided by you will be gathered, processed and stored solely according to the German data protection law.
(2) The utilization of your personal data is necessary for completion of the contract concluded with you. Utilization extending beyond this requires your express consent. The details concerning the data gathered and the application of such can be read in our http://www.nuclearblast.de/en/shop/general/privacy.html.
§ 9 Identity of the Supplier, Contact
(1) The web shop operator is
und Vertriebs GmbH
Telephone: +49 (0)7162 9280-26
Telefax: +49 (0)7162 24554
Managing Director authorized to represent the company: Markus Staiger
Telephonic: 07162 9280596
Fax: 07162 24556
(2) Complaints can be made to the above-mentioned addresses.
§ 10 Platform for online dispute resolution, participation in dispute resolution procedure
(1) Applicable law obliges us to inform the consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for organisation of the platform. Here is the link to the European online dispute resolution platform: http://ec.europa.eu/odr
(2) We are not obliged to participate in a dispute resolution procedure before a dispute resolution entity for consumers and have therefore decided against voluntary participation.
§ 11 Final Regulations
(1) German law shall apply to the exclusion of the rights in accordance with the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law is only applicable to the extent that its application does not revoke any compelling and applicable consumer laws of that state in which the consumer is habitually resident at the time of placing his order.
(2) If the party placing the order is a merchant, then the place of performance shall be Donzdorf, Germany.
(3) If the party placing the order is a merchant, then the sole place of jurisdiction for any disagreements is the headquarters of NUCLEAR BLAST. However, we are also entitled to file a claim against the party placing the order at his/her place of jurisdiction.
(4) Should any individual regulations of these General Terms and Conditions be or become ineffective then the effectiveness of the remaining contracting conditions shall not be affected.
NUCLEAR BLAST Tonträger Produktions-und Vertriebs GmbH, Donzdorf