General terms and conditions of tonpool Medien GmbH
- as of: June 2018 –
§ 1. General
- The following terms of delivery and payment apply to the entire business connection of tonpool Medien GmbH with its customers / orderers and become binding when the order is placed
accepted. They apply exclusively. Conflicting or deviating general terms and conditions of the customer are not valid, even if the tonpool Medien GmbH does not expressly contradict them.
- Deviations from these terms of delivery and payment are only legally binding if they are confirmed by tonpool Medien GmbH expressly and in writing.
- The service provider for the logistics and the dispatch of goods is AVOS Logistics GmbH. The delivery takes place from their warehouse in D-Alsdorf.
§ 2 contract conclusion
- When ordering goods from the current delivery program tonpool Medien GmbH is in each case a binding offer of the customer. Tonpool Medien GmbH can accept this offer by sending an order confirmation within weeks after receipt of the offer or alternatively by the fact that the customer orders the ordered goods within this period
will be sent.
- tonpool Medien GmbH is not obligated to deliver goods that are no longer available in stock, even if these may still be listed in the offer lists of tonpool Medien GmbH.
§ 3 prices
- All prices are exclusive of statutory VAT in EURO (€).
- In the invoices, the respectively valid statutory VAT rates are shown separately and are part of the invoice.
- All deliveries are made at the list prices of tonpool Medien GmbH valid on the day of delivery, whereby changes are expressly reserved at all times. If delivery is made at net prices or as part of a special price promotion, such a delivery is excluded from any further discount.
- The respective invoice is considered to be correct in terms of content and binding if it is not objected to in writing by one of the parties within 12 months of the invoice being issued.
§ 4 Shipping, delivery and costs
- The ordered goods are packed properly and immediately handed over by tonpool Medien GmbH to a transport company determined by tonpool Medien GmbH at the risk of the customer for shipment to the latter. Tonpool Medien GmbH is not liable for damages that occur after transfer to the transport company. Partial deliveries are permitted provided that no other agreements are made with the customer / orderer. For partial deliveries there are no further shipping costs.
- In the case of a payment arrears of the customer for previous deliveries by tonpool Medien GmbH, tonpool Medien GmbH reserves the right to withhold processed orders until full payment of the outstanding invoices or to demand advance payments or securities. The respective first three (3) deliveries of new customers are made regularly only by cash on delivery.
- If the order value is less than 6 units, the shipping cost is EURO (€ 3, -) per shipment, otherwise shipping is free. Each COD shipment will be charged a flat fee of EURO and cents (€ 3, -).
§ 5 Payment and default
- The preferred method of payment is the direct debit procedure. Payments must be made exclusively to tonpool Medien GmbH. The goods invoices of tonpool Medien GmbH are due after fourteen (14) days, with payment within seven (7) days we grant two percent (2%) discount. The punctuality of the payment depends exclusively on the receipt or credit on one of the business accounts of tonpool Medien GmbH. The right to deduct cash discount requires that the customer is not in default with other payments. The discounting of invoice amounts is followed by the discounting of credit memo amounts in the case of a credit note.
- The customer comes after expiration of the respective – printed on the invoice – payment in default. Otherwise, the statutory provisions apply.
- If the customer is in default of payment, stops his payments altogether or has filed an application to open insolvency proceedings or if insolvency proceedings are opened against his assets, all pending claims of tonpool Medien GmbH become due immediately. 4. In the event of default in payment, tonpool Medien GmbH is entitled, even without an explicit reminder, to charge interest at the rate of nine percent (9%) p.a. above the applicable base rate according to § 247 BGB. If tonpool Medien GmbH can prove a higher damage caused by default, then tonpool Medien GmbH is entitled to assert this claim. Any reminder fees and legal costs incurred are to be borne by the customer.
§ 6 Complaints;
Returns and returns
- Complaints regarding obvious defects, wrong deliveries and / or quantity deviations can only be accepted if they are received by tonpool Medien GmbH within fourteen (14) days of receipt of the consignment. For every complaint, the delivery note and the invoice must be enclosed. Otherwise, the delivery contents shall be deemed to correspond with the delivery note and are free from identifiable defects. Defects that are initially not recognizable must be reported in writing immediately after their discovery. For these a notice period of one applies
Year after delivery of the goods as an exclusion period.
- Unless a separate, written agreement with the customer has been made, returns due to misallocations of the customer are excluded. Written returns are credited to the customer as soon as possible at the currently valid list price less any discounts granted. For returns from special price promotions, the respective price of the goods at delivery.
- If returns (complaints or returns) occur, they must be provided in each case with a corresponding valid return label of tonpool Medien GmbH. All returns may only be made free domicile and only to tonpool Medien GmbH; c / oAVOS Logistics GmbH, Konrad-Zuse-Str. 1a, D-52477 Alsdorf. Not franked consignments or consignments without stickers will not be accepted. For all other returns, the General Returns Policy of tonpool Medien GmbH in its current version applies in addition.
- Returned goods must be in a salable condition unless the claim relates to this condition. Tonpool Medien GmbH expressly reserves the right to deduct the amount of the credit note in the case of improperly delivered or damaged goods; this also applies in particular to damage to the packaging cases.
§ 7 Retention of title
- The delivered goods remain until the complete fulfillment of all tonpool Medien GmbH’s claims against the respective customer due to the respective purchase contract and the general terms of delivery and payment regulated in the General Terms and Conditions, including value added tax, shipping costs, flat rate and any default interest Property of tonpool Medien GmbH. The customer keeps the merchandise supplied by tonpool Medien GmbH with commercial diligence, but is entitled to resell in the proper course of business. In return, the customer assigns to tonpool Medien GmbH in advance all claims in the amount of the final invoice amount (including corresponding VAT), which accrue to him from the resale of the delivered goods against his customer or against third parties (extended retention of title). Tonpool Medien GmbH already accepts this assignment. However, in order to collect the receivables resulting from the resale, the customer is also authorized after the assignment of the claim to tonpool Medien GmbH.
- If the provisions of the German Commercial Code apply to the customer, then the retention of title to the delivered goods shall continue to apply to all claims on which tonpool Medien GmbH has current business relations and which have not yet been settled (current account reservation). At the request of the customer, tonpool Medien GmbH waives the retention of title from a delivery of goods if the customer has fulfilled all the receivables in connection with the delivery and an adequate security exists for the remaining claims from the current business relationship. Furthermore, tonpool Medien GmbH undertakes to release the securities it is entitled to upon request of the customer insofar as the realizable value of the securities does not exceed the receivables to be secured by more than ten (10)% in the short term.
- As long as the retention of title to the goods exists, the pledging, transfer by way of security and any other assignment of the delivered goods by the customer which would adversely affect the security, with the exception of resale in the ordinary course of business, are inadmissible. If, under reservation of title, goods delivered by tonpool Medien GmbH or claims assigned to tonpool Medien GmbH are seized or confiscated by third parties, the customer shall inform the executing officer of the retention of title or the security cession and inform tonpool Medien GmbH without delay of the seizure and distraint To notify seizure protocol. The customer undertakes in these cases to bear the costs of measures to remove the seizure or seizure.
- If the customer defaults in payment or stops his payments altogether, or if an application for the opening of insolvency proceedings has been filed, or if insolvency proceedings are opened against his assets or if he does not fulfill his contractual obligations in any other way, he has At the request of tonpool Medien GmbH, the customer shall immediately grant access to the remaining goods in the reserved property of tonpool Medien GmbH and shall provide tonpool Medien GmbH with all necessary information
To provide information on their own collection of claims under extended retention of title.
In addition, tonpool Medien GmbH has the right in writing to revoke the right of resale of the customer.
§ 8 Letting, rental and duplication of goods of tonpool Medien GmbH rental, lending or similar business (eg sale with right of return) as well as a duplication of the goods delivered by tonpool Medien GmbH is only with the express, prior and written consent of tonpool Medien GmbH unless expressly permitted by copyright law. The same applies to any transfer of audio / video recordings to tape, transparencies and other phonograms or to any electronic databases and networks.
§ 9 General provisions
- Should individual provisions of these terms and conditions be declared invalid in whole or in part by the court, the validity of the remaining provisions or parts of these provisions shall remain unaffected.
- Exclusively German law applies to the contractual relationships between tonpool Medien GmbH and its customers.
§ 10 Place of performance and jurisdiction
The place of performance is the place from which the delivery takes place, currently the goods and dispatch warehouse of the current service provider of tonpool Medien GmbH, AVOS Logistics GmbH in D-Alsdorf.
The registered office of tonpool Medien GmbH in Burgwedel is deemed to be the place of jurisdiction, unless another jurisdiction is given.