Terms and Conditions
General Delivery and Business Terms and Conditions
§ 1 General, Scope
For all deliveries, services and offers from Band Pro Munich GmbH (hereinafter referred to as: Band Pro), unless otherwise agreed in writing, the following terms apply exclusively. Statements to the contrary by customers in reference to their own terms and conditions are hereby expressly prohibited. These terms and conditions also apply if Band Pro provides services to the Customer in the knowledge of contrary terms by the Customer or those deviating from these Terms and Conditions.
§ 2 Offers / Order Confirmations
2.1 On its website, Band Pro offers the option of entering direct inquiries on specific products in an email field and receiving offers. Should the Customer use this inquiry option, he shall receive another opportunity to review the inquiry information, in the form of a special notification sent before submission of the inquiry.
2.2 Offers from Band Pro are subject to change unless expressly identified as binding by Band Pro.
2.3 By ordering the good, the Customer bindingly declares his intent to purchase the good ordered.
2.4 Should a consumer order the good electronically, Band Pro shall immediately confirm receipt of the order. The confirmation of receipt does not represent a binding acceptance of the order. The confirmation of receipt may be combined with the statement of acceptance.
2.5 Band Pro is authorised to accept the offer within a period of 2 weeks from submission of the order confirmation or by delivery of the good to the Customer.
2.6 Should the quantity ordered be different from the supply held by Band Pro, Band Pro reserves the right to change the terms accordingly. Band Pro is not obligated to delivery until confirmation of the changed terms by the Customer.
2.7 The order and order confirmation are stored by Band Pro and sent to the Customer by email together with these Terms and Conditions upon request.
2.8 In the event of improvements and model changes by suppliers, Band Pro reserves the right to deviate from the contents of its sale documents, offers and order confirmations as long as the good is equivalent in quality and price and these changes are reasonable for the Customer.
§ 3 Prices / Terms of Payment
3.1 In the context of general offers directed inter alia at consumers, all price information includes taxes, freight, delivery and shipping costs incurred after products leave Band Pro's offices, as well as insurance and customs, unless otherwise agreed.
For offers expressly directed to businesses only, we use net price information. Unless otherwise agreed, these prices exclude taxes or freight, delivery and shipping costs, insurance, customers and any applicable COD fees after they leave Band Pro’s properties,
3.2 For orders with a net order value of less than EUR 500.00, a minimum gross volume surcharge of EUR 17.85 is incurred.
3.3 Should products be ordered for delivery to a location outside of the EU, the Customer may be subject to import customs and taxes that are incurred as soon as the package reaches its destination. Any additional customs fees must be borne by the Customer. Band Pro has no control over these fees. It is the responsibility of the Customer to acquire more detailed information from local customs authorities beforehand. In addition, it should be noted that for orders to countries outside of the EU, the Customer is treated as the import agent and must comply with all laws and regulations of the country in which he receives the good.
3.4 Payment shall be made without deduction of discounts. Payment by check is only permissible upon separate agreement.
3.5 The Customer may pay the purchase price in advance through wire transfer, wire transfer after billing or PayPal. For every order, we reserve the right not to offer certain methods of payment and to recommend other means of payment. For new customers and customers domiciled in foreign countries, delivery is only made upon advance payment or payment via PayPal.
Advance payment procedure:
(1) With the order confirmation, the Buyer receives our bank information and the order number for his order.
(2) The Buyer shall transfer the amount billed to our specified account, including the order number. Any transfer or bank fees shall be borne by the Buyer.
(3) Shipment of the good takes place after full receipt of payment.
Payment procedure after billing
Existing customers residing in a country other than Germany may pay after billing if they are not prohibited from doing so after being subjected to an individual credit review. For “payment after billing”, Band Pro shall enclose the invoice containing the amount due as well as taxes and fees. The invoice must be paid by wire transfer within 10 days of the date of invoice. Payment periods are considered upheld if Band Pro has free access to the amount within the period specified. Legal regulations regarding the consequences of default on payment apply.
PayPal payment procedure
(1) The use of this method of payment is subject to special fees. These are separately announced before contract conclusion.
(2) When selecting payment using the online payment system PayPal, the customer is directly forwarded to the PayPal website in order to identify himself with his login data. Should you not have a PayPal account, you may also register with PayPal during the order procedure.
(3) The customer account is charged by PayPal upon completion of the order.
(4) In the event of legitimate refunds, the amount is again credited to the PayPal account.
In the event of on-site purchase at our place of business, payment by debit card, credit card or cash is also possible.
3.6 The Customer may only offset if his counterclaims have been determined in court, are not subject to dispute or have been acknowledged by Band Pro. The Customer is authorised to exercise withholding rights provided that his counterclaim is based on the same contractual relationship.
§ 4 Deliveries
4.1 In accordance with the Contract, delivery is made after receipt of payment by the transferring credit institution (for pre-payment) or after contract conclusion (payment after billing) and requires the timely and proper fulfilment of the Buyer's obligations.
4.2 Force majeure, and other events for which Band Pro is not responsible, that may threaten seamless resolution of the order, especially including those delays in delivery or failure of delivery on the part of Band Pro’s suppliers during a congruent hedging transaction for which Band Pro is not responsible, disturbance in traffic and operations, labour conflicts, shortages of materials or energy, authorise Band Pro to postpone delivery for an appropriate amount of time or to fully or partly withdraw from the Contract without the Customer being entitled to compensation claims as a result. Band Pro is only authorised to withdrawal if delivery at a later time is not possible. In such cases, Band Pro shall immediately inform the Customer of the lack of availability of the good and, in the event of withdrawal, immediately reimburse any performance made by the contractual partner in exchange.
4.3 Band Pro is authorised to make partial deliveries and to issue partial invoices.
§ 5 Shipment and Transfer of Risk, Shipment for Inspection
5.1 Unless otherwise stipulated by the order confirmation, delivery is agreed ex works, meaning from Band Pro's offices in Dornach near Munich (Incoterms 2010).
5.2 Shipment of the goods occurs at the cost of the Customer and - unless otherwise directed - to the Customer’s address provided in the order certificate. Band Pro assumes no liability for the cheapest and/or fastest route of delivery.
5.3 If the Customer is a business, the risk of accidental loss and accidental deterioration of the good is transferred to the Buyer upon transfer of – and for purchase on shipment upon delivery of the good – to the carrier, the freight forwarder, or persons or entities otherwise entrusted with shipment. This also applies in the event that Band Pro bears the costs of shipment or transport. Transfer takes place irrespective of whether the Customer is in default of acceptance.
5.4 Should transfer for inspection be agreed in individual cases, use is only permissible to the extent necessary for assurance of condition, qualities and function. Goods shall only be returned in their undamaged original packaging and in an undamaged, “as-new” condition.
§6 Consumer Revocation Rights
If the Customer is a customer, he has a right of revocation in accordance with the following provisions. Any natural person completing a transaction for purposes that cannot be primarily associated with his or her commercial or professional activity is considered a consumer.
You have the right to revoke this contract within forteen days without naming reasons.
The revocation period is fourteen days as of the day on which you, or a third party authorised by you other than the import agent, who has accepted receipt of the last partial shipment or unit.
In order to exercise your right of revocation, you must inform us, Band Pro Munich GmbH, Max-Planck-Str. 6, 85609 Dornach, Tel. +49 (0) 8994548490m Fax: +49 (0) 8994548499, E-Mail: firstname.lastname@example.org, by a clear statement (e.g. letter send by post, fax, email) of your decision to revoke this Contract. You may use the enclosed sample revocation form, which is however not required.
In order to uphold the revocation deadline, it is sufficient for you to send the message informing of your exercise of the right to revocation before the expiration of the withdrawal period.
Consequences of Revocation
you revoke this contract, we are required to reimburse you for all payments we have received from you, including costs of delivery (with the exception of additional costs resulting from you selecting another form of delivery than the cheapest one recommended by us), immediately and within fourteen days at the latest as of the day on which we receive the statement on your revocation of the contract. For this repayment, we use the same means of payment used by you during the original transaction, unless we have expressly agreed on another form of payment with you; under no circumstances will we charge you for this repayment.
We may refuse repayment until we have received the return of the goods or until you have provided proof of having returned the goods, whichever occurs earlier.
You are to return the product to us in person or by post at your own cost, immediately, and in any case, within fourteen days of the day on which you make a statement of revocation of the contract at the latest. The period is considered upheld as soon as you dispatch the goods befor the expiry of the forteen-day period.
Your bear the costs of district return of th goods.
You must only provide compensation for any despreciation of the goods if such depreciation is due to use of the goods by you that is not necessary for inspection of condition, qualities and function of the goods.
Exclusin of Revocation Rights
The right of revocation does not exist for contracts for the delivery of audio or video recordings or computer software in sealed packaging if the seal was removed after delivery.
§ 7 Defect Liablilty for New Goods
7.1 If the contractual partner is a business, rights resulting from a defect of delivery only exist if the contractual partner has properly complied with its inspection and complaint obligations pursuant to § 377 HGB. Complaints regarding defects that have been determined or are determinable must be reported to Band Pro within 7 days. Timely submission of the defect report is sufficient for compliance with the required period.
7.2 If the customer is a business, Band Pro shall first provide liability by selecting between rectification or replacement delivery (supplementary performance). The expenses required for supplementary performance, especially transportation, travel, work and material costs, shall be borne by Band Pro.
If the customer is a consumer, it retains its legal right of buyer's option to supplementary performance in the event of a defect.
7.3 Should supplementary performance fail, the Customer is authorised to request withdrawal or reduction based on his own preference.
7.4 Should the Customer assert damage compensation claims, Band Pro shall be liable as per legal requirements, to the extent that they are based on wilful intent and gross negligence, including wilful intent or gross negligence on the part of our representatives or agents. Should Band Pro not be liable of any intentional breach of contract, liability for compensation is restricted to the foreseeable loss which typically occurs in such cases.
7.5 Should Band Pro culpably violate a substantial contractual obligation, Band Pro is liable in accordance with legal regulations; in this case, however, liability for damages compensation is restricted to the foreseeable loss which typically occurs in such cases.
7.6 Liability due to culpable injury of life, body or health remains unaffected; this also applies for compulsory liability as per the Product Liability Act.
7.7 Unless otherwise regulated in the preceding provisions, liability is excluded.
§ 8 Defect Liability for Used Goods
8.1 Material defect liability for used products is excluded in arrangements with businesses.
8.2 In arrangements with consumers, material defect liability for used products is restricted to one year from shipment of the used goods.
8.3 Liability to damage compensation due to the injury of body, life, or health, due to gross negligence and wilful intent, as well as in the event of breach of substantial contractual obligations remains unaffected in the event of clauses 8.1 and 8.2. The liability restrictions in clauses 7.4 to 7.8 apply accordingly.
§ 9 Retention of Ownership
9.1 Band Pro retains ownership of the item for purchase until receipt of all payment associated with the transactional relationship (including all claims for payment of balance from current accounts). In the event of Customer behaviour in breach of the Contract, especially including default on payment, Band Pro is authorised to repossess the purchased item. The repossession of the purchased item by Band Pro constitutes a withdrawal from the Contract. After the repossession of the purchased item, Band Pro is entitled to the use of the item, with the proceeds of sale to be deducted from Customer liabilities – minus any appropriate costs of sale.
9.2 Until full payment of the purchase price, the Customer is obligated to treat the purchased item in a careful manner; in particular, he is obligated to adequately insure the item against fire, water and theft damages at own cost and at the item's as-new value. Should repair and inspection be necessary, the Customer must perform such work at own cost and in a timely manner.
9.3 In the event of seizure or other enforcement measures taken by third parties, the Customer shall immediately inform Band Pro in writing so that Band Pro may file a suit pursuant to § 771 ZPO. To the extent that the third party is not capable of reimbursing Band Pro for costs of a suit in and out of court pursuant to § 771 ZPO, the Customer shall be held liable for the loss incurred to Band Pro.
9.4 The Customer is authorised to resell the purchased item in the course of proper business, but he cedes all claims to which he is entitled due to the resale to his customers or third parties, equal to the amount of the final billed amount (including VAT) of our claim and irrespective of whether the purchased item was resold after or without modification. The Customer remains entitled to the assertion of this claim even after such cession. Band Pro’s right to collect the claim itself remains unaffected. However, Band Pro pledges not to collect the claim for as long as the Customer complies with his payment obligations from the agreed proceeds, does not enter into default of payment and, in particular, as long as no motion for the initiation of settlement or insolvency proceedings has been made and no interruption of payment occurs. If this is the case, however, Band Pro may request that the Customer disclose the ceded claims and their debtors to Band Pro, provide all information necessary for collection, provide the associated documentation and notify the debtors (third parties) of cession.
9.5 Modification or alteration of the purchased item by the Customer shall only be undertaken on the behalf of Band Pro. Should the purchased item be modified together with objects not belonging to Band Pro, we shall acquire partial ownership of the new object according to the ratio of the value of the purchased item (invoiced amount including VAT) to the other objects modified at the time of modification. For the item produced through modification, the same terms apply as for the purchased item delivered on a conditional basis.
9.6 Should the purchased item be inseparably mixed with other objects not belonging to Band Pro, Band Pro shall acquire partial ownership of the new object according to the ratio of the value of the purchased item (invoiced amount including VAT) to the other items mixed at the time of mixture. Should mixture take place in a manner whereby the concerns of the Customer are considered the primary concerns, it is considered agreed that the Customer shall cede partial and proportional ownership to Band Pro. The Customer thus guarantees the sole or partial ownership created in this manner to Band Pro.
9.7 The Customer also cedes the claims to Band Pro in order to serve as collateral for Band Pro’s claim against a third party, in the event that such a claim is created through combination of the purchased item with a piece of property.
9.8 Band Pro pledges to relinquish the collateral to which it is entitled upon request of the Customer, provided that the realisable value of Band Pro's collateral exceeds the claims to be guaranteed by more than 10%, with the selection of the collateral to be relinquished in this manner being at the discretion of Band Pro.
§ 10 Confidentiality
10.1 The Customer pledges to treat confidential commercial and technical information (especially price agreements) received from Band Pro in a strictly confidential manner, and in particular not to use such information for the purposes of competition, but rather exclusively for the purposes of the Contract. Confidential information as defined by this agreement includes all commercial, financial, technical, legal information as well as other information and documents provided orally, in writing or by other means (especially if in electronic form), unless this information is generally available or was already known to the Customer without requiring a breach of this agreement, which must be proved by the Customer.
10.2 The Customer shall ensure that the provisions of this confidentiality clause will also be upheld by his employees, agents and advisors, including after termination of the corresponding contractual relationship between him and the aforementioned persons.
10.3 The Customer shall immediately inform Band Pro if he was already aware of confidential information provided to him by Band Pro, if information considered confidential by Band Pro has been made public or if he is ordered to disclose confidential information by order of court, government authority or other third parties.
10.4 This confidentiality obligation remains in effect after termination of the corresponding contractual relationship.
§ 11 Online Dispute Resolution for Consumers
The European Commission has prepared a platform for online dispute resolution (OS) between businesses and consumers. It can be accessed at the following link: http://ec.europa.eu/consumers/odr. We are obligated to make this statement. However, we do not participate in this form of dispute resolution.
§ 12 Concluding Provisions
12.1 The laws of the Federal Republic of Germany apply exclusively, with the exclusion of the Vienna UN Convention on Contracts for the International Sale of Goods (CISG) or other bilateral or multilateral agreements on commercial transactions.
12.2 Should the Customer be a merchant, a legal entity by public law or a public separate estate, the exclusive place of jurisdiction for all disputes from this
Contract is the offices of Band Pro. The same applies if the Customer has no general place of jurisdiction in Germany, or if its domicile or general place of business is not known at the time of litigation.
Band Pro is also authorised to file complaint before a court that is responsible for the domicile or branch of the Customer.
12.3 Should individual provisions of a contract concluded on the basis of these Terms & Conditions, or these Terms & Conditions themselves, be or become invalid, this does not affect the validity of the remaining provisions. In such an event, the parties are obligated to replace the invalid provision by mutual agreement with a valid provision that most closely approximates the commercial purpose of this contract. Should the parties be unable to agree on the creation of the replacement provision within an appropriate period, legal regulations apply.
The preceding principles also apply in the event that a provision should prove unenforceable or incomplete.
§ 13 Disclaimer to End Consumer as per Battery and Electronics Act
13.1 Environmentally-friendly disposal of batteries and power supplies Since our shipments may contain batteries and power supplies, we are obligated by the Battery Act (BattG) to inform you of the following:
Batteries and power supplies are clearly marked with the symbol of a crossed-out waste bin.
symbol indicates that batteries may not be disposed of in normal waste. You are legally obligated to return used batteries.
For batteries containing more than 0.0005 percent by mass of mercury (Hg), more than 0.002 percent by mass of cadmium (Cd) or more than 0.004 percent by mass of lead (Pb), the chemical name of the harmful substance used is located underneath the waste-bin symbol.
You may dispose of batteries at a municipal collection location or in local businesses. As a seller, we are also obligated to take back used batteries, whereby our obligation to do so is restricted to the type of used batteries we sell or do sell as part of our product line. You may therefore either send used batteries of the aforementioned type to us by post (with sufficient postage) or dispose of them free of charge directly in our shipping office at the following address:
Band Pro Munich GmbH Max-Planck-Str. 6
85609 Dornach near Munich
13.2 Environmentally-friendly Disposal of Electrical and Electronic Devices
Electrical and electronic devices also have the symbol of the crossed-out waste bin:
This symbol indicates that this device may not be disposed of in normal waste. Please dispose of these devices at the free disposal locations for electronic waste in your municipality.
Used electronic devices contain harmful substances and valuable resources. Every consumer is therefore obligated by law to dispose of used electronic devices at a separate location such as the local resource collection office. As a private household, you may return these devices free of charge. You can find the place and opening hours of your local resource collection office with your city or municipal offices.
Used batteries and power supplies not contained in a used electronic device must be removed before disposal of the device. They may be disposed of separately according to the instructions under 13.1 above. Please make sure that you delete personal data on old devices to be disposed.
§14 Our Contact Information:
Band Pro Munich GmbH Max-Planck-Str. 6
85609 Dornach near Munich Email: email@example.com
Tel: + 49 89 945849 - 0
Fax: + 49 89 945849 - 9
Dornach near Aschheim, May 2018
Sample Revocation Form:
If you, as a consumer, would like to revoke the Contract, please fill out this form and send it back to us:
Band Pro Munich GmbH Max-Planck-Str. 6
85609 Dornach near Munich
Tel: +49 (0)89 94 54 84 90
I/we hereby revoke the Contract signed by me/us on the purchase of the following goods:
Ordered on.../received on...
Name of consumer
Address of consumer
Signature of consumer(s) (only for messages on paper)