Terms and Conditions of OEM GmbH § 1 Customer Information The general information about the contracts and OEM GmbH, see customer information and the products and services offered on the websites of the respective OEM GmbH. § 2 Object of the contract (1) The object of the contract is the manufacture and duplication of audio, image and data carriers and related services. (2) The deliveries, services and offers available exclusively on the basis of these General Terms and Conditions. This also applies to future business. Deviations from these terms shall be effective only if confirmed in writing. Individual agreements are unaffected by the above provision. (3) All offers are non-binding. Orders and declarations of acceptance of written confirmation. The same applies to additions, modifications and side agreements as well as the binding agreement of delivery. By clicking the order button, the customer makes a binding declaration of intent to purchase the contents of the basket. We are entitled to accept the fact that the contract offer within a week. The assumption can be achieved by delivering the goods or the provision of the service or be explained by the fact that we confirm to the buyer in any way accepting appointment. By accepting the contract is concluded. (4) If these conditions contain provisions for the movement of entrepreneurs, these only apply to a contractor who upon completion of a contract as part of his trade or profession, and against a legal person under public law as well as a publicly-owned enterprises. § 3 Duties Information (1) The buyer is the registration required to provide truthful information. Insofar as the data changes the buyer, especially name, address, e-mail address, telephone number, bank account, is the buyer agrees to give us this change immediately. (2) If the buyer makes false statements to name, address, e-mail address, telephone number or bank account, we may, where a contract has come to withdraw from the contract. The resignation is in writing. The writing is well respected by sending an e-mail. (3) We the buyer send to the registration by the purchaser specified e-mail address immediately after placing the order by the buyer an e-mail with which we acknowledge receipt of the order and the buyer the "Customer Information" shall be . (4) The purchaser agrees to notify us immediately at: This e-mail address is being protected from spambots! JavaScript must be enabled before it can be displayed. to know if this e-mail has not reached him immediately after placing the order. (5) The customer must ensure that his or her designated e-mail address is reachable, excluded and not due to transfer, closure or congestion of the e-mail account to receive e-mail messages. § 4 Right of withdrawal in consumer contracts Consumers are entitled to withdraw on their entering into a contract that is entered into between us and the consumer with the exclusive use of distance communication, declaration of intention within two weeks.
The cancellation period begins upon delivery of goods on the day the goods and services received by the recipient with the date of contract.
The cancellation period begins but not before our obligations as per § 312c Section 2 of the Civil Code in conjunction with § 1 paragraph 2 and 3 of the Regulation on information requirements under civil law and our obligations in accordance with § 312e Section 1 Clause 1 of the Civil Code are fulfilled.
The withdrawal must be in writing. It can also be exercised in the delivery of goods by returning the goods. He has no statement of reasons. To comply with the deadline. In the event of timely withdrawal of its declaration of intent, the consumer is no longer bound to his entering into a contract with our declaration of intent. In the event of timely withdrawal of its declaration of intent, the consumer is no longer bound to his entering into a contract with our declaration of intent.
The goods must be returned immediately after exercising the right, at our expense and risk to us when the cancellation has not been exercised by return. For orders up to an amount of 40.00 EUR, but the consumer has to bear the cost of regular return, except that the goods are not the goods ordered.
A requirement to return does not apply if the goods can not be sent by parcel post. In this case we will have to pick up the goods.
The further consequences of timely withdrawal are regulated by § 357 of the Civil Code and in case of an affiliate of the consumer loan contract, purchase agreement pursuant to § 358 of the Civil Code. The detailed information on exercising the right of the purchaser is under the heading customer information at any time.
The right is no other agreement, and without prejudice to other statutory provisions do not include in contracts: - the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not by their nature are suitable for a return or
- the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.
- When a service the right of revocation expires, even if we have started the service with the express consent of the consumer before the end of the revocation period or if the consumer has even initiated.
§ 5 Delivery time
(1) Delivery dates and times are subject to change.
(2) An agreed delivery period begins to run only after all available to produce all the necessary components and details of the contract are discussed.
(3) Delivery and service delays due to force majeure or due to events that complicate the delivery or impossible, especially difficulties, strike, lack of transportation, administrative orders, etc. are also in the case of binding of dates and deadlines are not responsible. This also applies for the delay in delivery and performance advantages and subcontractors. (This is likely to be ineffective) In the above cases, the delivery or performance period is extended by the period of disability. This applies even if services fail, which are expected by others. § 6 Scope and Execution of Contract (1) For the scope of the written order confirmation. A production-induced variation of the delivery quantity per title's appointed (disk) and in printed matter is of plus / minus 10% accepted by the customer.
(2) The buyer provides to the OEM for the implementation of the order required production materials, such as master volume, pressure data, label films, etc. Lithomaterialien according to the specifications of the OEM. Master of OEM disk only receives duplicates. Master must be delivered in duplicate. Was for masters and archival film made no other agreement, the master and pressure data are destroyed no later than six months after delivery.
(3) The purchaser of technically flawless master disk, label films, etc. Lithomaterialien liable. OEM is not obliged to review the design documents, or to test the produced image, sound and data carriers. The OEM customer guarantees freedom from viruses of the master disk. If the customer supplies production material which does not meet the specifications of OEM, shall be entitled to OEM to supplement the production of material to the account and at the expense of the customer to improve or return. (4) Partial deliveries are permitted and are considered as independent deliveries, unless that the partial fulfillment of the contract the customer has no interest. § 7 Delivery (1) Unless otherwise agreed, OEM determines the routing and transport. It will not be liable for the cheapest shipping. The cost of shipping will be charged to the customer invoice template plus a commission of 5% of the invoice value.
(2) If the customer wants delivery to third parties, so any additional costs for packaging and transportation will be billed separately. § 8 Transfer of Risk (1) For all programs, the risk of the start of loading, at least with the handover to the carrier to the purchaser.
(2) If delivery is delayed at the request of the customer or taken on his request in stock, so the risk is the date of delivery performance of OEM to the customer. Returns run at the expense and risk of the purchaser, if the return is not a legitimate complaint because of wrong delivery or technical faults (manufacturing or material defects) is based. § 9 Prices (1) shall be those specified in the order confirmation plus the statutory VAT. Additional supplies and services are charged separately, especially the overhead caused by the failure to comply with the specifications. § 10 Retention and Compensation (1) The buyer may declare only with undisputed or legally established counterclaims and claim set-off only because such claims a lien.
(2) The buyer can only exercise a right of retention if his counterclaim is based on the same contractual relationship. § 11 payments (1) All payments shall be first on the costs (enforcement costs, legal costs, etc.), then to interest, and most recently credited to the principal and indeed to the oldest debt. Conflicting instructions from the customer are invalid.
(2) checks or drafts are accepted only as conditional payment and calculation of each normal bank discount and collection charges. Lent checks are cashed until after. Discount fees are charged regardless of the date of acceptance by the due date of the change in demand and are due immediately.
(3) In case of default, is OEM authorized interest at the rate of interest for the use of bank loans to consumers at least calculate the amount of 5%, compared with entrepreneurs of 8% above the prevailing base rate of the European Central Bank, unless , the buyer can prove that no damages at all or in much lower extent. The assertion of further damages caused by delay remains unaffected by this provision.
(4) made the first three deliveries against prepayment. § 12 Retention of title and securities (1) All delivered goods remain until full payment of all claims arising from the ownership of OEM business relationship. The purchaser is to resell the reserved goods only in the ordinary course of business and only as long as he is not in arrears. If the customer resells goods, he has received to the property subject to his customers over upright. The demand of the purchaser from the resale of reserved goods are hereby assigned to the OEM. The assignment of claims against OEMs by the customer is excluded. The buyer is obliged to disclose the title or the assignment of security open. If the reservation of title or ownership of the OEM receivables assigned to the security of third parties are seized or confiscated, OEM is by sending the seizure or confiscation Protocol without delay. All costs of an intervention by OEM borne by the purchaser.
(2) The processing or transformation of the delivery item by the buyer is always done for us. If the delivery item with other objects not belonging to us, we shall acquire joint ownership of the new item in proportion to the value of the delivered goods to the other processed items at the time of processing. The object created by processing the same provisions as to the reserved goods.
(3) If the delivered goods are processed with other property not belonging to objects intrinsically or mixed, we acquire joint ownership of the new item in proportion to the value of the delivered goods to the other connected or materials at the time of joining or mixing. These are connected or in such manner that the buyer's object is regarded as the main cause, it is agreed that the Buyer pro rata co-ownership. The buyer shall hold the sole ownership or joint ownership for us.
(4) We commit ourselves to the securities due to us upon request of the purchaser to such extent as the value of our securities exceeds the secured claims by more than 10%.
(5) When dealing with contractors, we reserve the ownership of the delivery item until all payments from the business relationship with the buyer. The retention of title shall also be recognized on the balance, if we book claims against the buyer in current account (current account reservation).
(6) When dealing with contractors is to be during the period of retention of title in our property sold by the purchaser against fire, flood, theft, burglary and theft. The rights under this insurance are transferred to us. We accept this assignment. § 13 Warranty (1) If the delivered goods are defective, the statutory provisions. In all dealings with contractors, we have to choose between the fulfillment of the elimination of a defect or the delivery of a faultless and the claims of the buyer due to defects in the goods in a year.
(2) Slight deviations in color on the picture, sound, media or in printed materials as compared to the target not entitle the purchaser to reject the acceptance and do not represent a failure to qualify for reduction, rescission or damages.
(3) The buyer's claims are dependent upon ensuring that the buyer of obvious defects within one month after delivery shows. The rules for merchants inspection and complaint pursuant to § 377 HGB remain unaffected.
(4) The buyer is obliged to allow us to verify the error referred to by him as a delivery item.
(5) If we have sold to an entrepreneur, a newly manufactured thing, the entrepreneur this thing has sold to a consumer, and he had to take this matter due to a defect or if the consumer reduces the purchase price are available to the contractor referred to in § 478 BGB statutory rights. These rights expire in terms of § 479 BGB. Buyer's rights under § § 478 and 479 BGB by the first digit to 3 not affected. § 14 liability limitations in dealing with contractors In all cases where we are required in dealings with contractors due to contractual or legal basis for compensation or reimbursement of expenses, we are liable only if we, our officers or agents of intent, gross negligence, or injury to life, limb or health a burden. This does not affect the strict liability under the Product Liability Act. This does not affect the liability for culpable violation of essential contractual obligations, the liability is not limited extent, except in the cases of Theorems 1 and 2 to the foreseeable typical contractual damages. A change in the burden of proof to the detriment of the buyer is not with the above regulations.
For loss or damage of documents requested by the purchaser shall be liable in the amount of OEM material value. § 15 Intellectual Property Rights (1) The purchaser guarantees that it owns all rights to manufacture the products to be visual, audio and data media, including the associated label, booklet and inlay cards etc.. The Purchaser represents and warrants that such production is not an infringement of copyright or other proprietary rights. The OEM customer has to hold harmless from any costs and indemnify against any claims that are made in the broadest sense of copyright and other rights in connection with the production of the commissioned picture, sound and data carriers claim. The Purchaser further undertakes to pay the fees due for each choice of OEM directly to GEMA or OEM, for forwarding to the GEMA. For this, the message recording to GEMA with the Order of OEM is to be sent.
(2) It should be noted that the export of the goods supplied may copyright or related rights of third parties in other states the contrary. OEM disclaims any liability for this, if the customer is taken by the foreign holders of such rights. § 16 Written Form Oral agreements require your written confirmation by the OEM. If any of the above clauses should be invalid, it shall be your place a regulation that is effective in the economic outcome of the next clause. § 17 Place of performance, jurisdiction and legal system (1) For contracts with merchants, legal persons under public law and public law special fund as agreed place of delivery and payment as well as jurisdiction Saarbrücken, with the proviso that we are entitled to sue at the place of business or premises of the Buyer .
(2) If the buyer has no general jurisdiction in Germany or if he moves his domicile or habitual residence outside the scope of the Federal Republic of Germany, is our principal place of business. This also applies if the buyer's domicile at the time the action is not known.
(3) The law of the Federal Republic of Germany. The provisions of the CISG does not apply as between us and the buyer. | 
