General
These General Terms and Conditions are part of every contract concluded between a customer and Nebensound GmbH, regardless of whether it involves deliveries or other services provided by Nebensound GmbH. By accepting the goods/services, these terms are considered accepted. We hereby object to any conflicting business or purchase conditions.
These General Terms and Conditions also apply to all future transactions with the client.
Employees of Nebensound GmbH are not authorized to make oral side agreements or provide written assurances beyond the actual contract.
Force majeure, operational shutdowns, strikes, non-delivery or delays in delivery by suppliers, actions by authorities, and similar unforeseeable events release Nebensound GmbH from fulfilling contracts.
We reserve the right to make changes to the technical specifications/details of items or the program offerings at any time without prior notice or public announcement.
Contract Conclusion, Offers
Our offers are, unless otherwise agreed in writing, always non-binding and subject to change. All contracts become legally binding with the sending of our written order confirmation or invoice, at the latest with the execution/sending of the delivery or service. For rentals, we reserve the right to request a reasonable deposit, up to 120% of the material value. A deposit may also be requested during the contract term if the renter falls into arrears, regardless of the reason.
Information on Distance Contracts
The provisions on distance contracts apply only to contracts with private consumers. A consumer is any natural person who enters into a legal transaction for purposes that are neither commercial nor self-employed (see BGB §13). The provisions on distance contracts do not apply to contracts with professional users and commercial buyers.
Availability Reservation
We reserve the right to provide a performance of equivalent quality and not to provide the performance if the product is unavailable. We will inform you accordingly. If we find after the contract is concluded that the ordered goods or services are no longer available, we are entitled to offer either a product or service of equivalent quality and price, or to withdraw from the contract. The offer of a replacement or withdrawal will be made immediately. Payments already received will be refunded.
Cancellation Policy / Right of Withdrawal
You can cancel your contractual declaration within two weeks without giving reasons in writing (e.g., letter, fax, email) or by returning the item. The period begins no earlier than receipt of this information. Timely dispatch of the withdrawal or the item is sufficient to comply with the withdrawal period. The withdrawal should be addressed to: Nebensound GmbH, Hauptstraße 66, 67308 Albisheim, Tel. +49 6732 9799490, Fax +49 6732 9799497, info@nebensound.com.
Consequences of Withdrawal: In the event of an effective withdrawal, both parties must return the received services and, if applicable, any benefits derived (e.g., interest, usage advantages). If you are unable to return the received service in whole or in part, or only in a deteriorated condition, you must provide compensation for the value. This does not apply to the deterioration of the item if it is solely due to its inspection – as it would have been possible in a retail store. Furthermore, you can avoid the obligation to provide compensation by not using the item as an owner and avoiding anything that would impair its value. For returns of goods with an order value of up to €50, you must bear the return shipping costs if the delivered goods correspond to the order. Otherwise, the return is free of charge for you. Returns sent postage due cannot be accepted. Goods that cannot be sent by mail will be picked up. According to § 312d Abs. 4 Ziffer 1 and 2 BGB, there is no right of withdrawal for the following products: custom-made items (e.g., flight cases), light bulbs/burners, unsealed software, batteries/accumulators, and specially assembled cables.
Return Policy / Right of Return
You can return the received goods without giving reasons within two weeks by sending the goods back. The period begins no earlier than receipt of the goods and this information. If the order value of the original delivery is less than €40, the customer bears the return shipping costs. In the case of a justified free return for the customer, Nebensound GmbH will decide on the shipping method. For goods that cannot be sent by mail (e.g., bulky goods), the customer may also declare the return by requesting return in writing, such as by letter, fax, or email. Timely dispatch of the goods or the request for return is sufficient to comply with the deadline. The return or request for return should be addressed to: Nebensound GmbH, Hauptstraße 66, 67308 Albisheim, Tel. +49 6732 9799490, Fax +49 6732 9799497, info@nebensound.com. In the case of a return request, the goods will be picked up from you. Return consequences: The same regulations for returns as for withdrawal apply.
Prices
Our prices are, unless explicitly stated otherwise, in € (Euro) per piece/unit, excluding packaging, from the Albisheim warehouse (Donnersbergerstraße 19). If prices are not marked as gross prices, statutory VAT (currently 19%) will be added. Typographical errors, mistakes, and price changes are reserved. The prices valid on the day of delivery/service provision apply.
The customer is obliged to accept the delivery or have it accepted by an authorized representative. If they fail to do so, Nebensound GmbH can set a deadline of ten days, after which the seller is entitled to withdraw from the contract and claim damages for non-performance. The damages include all expenses related to the transaction as well as lost profit.
Delivery, Return Delivery, Incorrect Delivery
Delivery is made from the Albisheim warehouse at the risk and expense of the recipient. This applies to both main and any partial or residual deliveries. The choice of shipping method is made by the buyer, as long as it is feasible within our logistics. If the nature of the goods requires special handling/shipment, Nebensound GmbH is entitled to change the shipping method without informing the buyer. If the buyer does not make a clear choice, the decision rests with Nebensound GmbH. The delivery date is considered fulfilled once the shipment has been handed over to the carrier/customer. At this point, the risk is also transferred to the buyer. In cases of force majeure, material procurement difficulties, operational disruptions, etc., if bindingly agreed dates are delayed for more than four weeks, the buyer is entitled to withdraw from the contract regarding the unfulfilled part after a reasonable grace period or claim damages for non-performance. This is limited to a maximum of 10% of the purchase price in cases of minor negligence. If the buyer is a legal entity under public law, a public-law special fund, or a merchant whose contract relates to the operation of their commercial business, they are only entitled to damages in cases of intent or gross negligence. Further claims for damages are excluded. We are expressly entitled to partial deliveries and partial performances. The buyer’s withdrawal is inadmissible for custom-made items, spare parts, or express shipments. Unjustified refusals to accept concluded purchase contracts, even for subsequent deliveries, will be pursued legally if necessary. For contracts not affected by the distance selling regulations with consumers: Returns and/or exchanges are excluded unless there is evidence of an incorrect delivery. If Nebensound GmbH agrees to a return in a few pre-arranged cases, we are entitled to charge a restocking fee of €25.00 as well as all expenses and processing fees. Returns will only be accepted on the condition of prior arrangement. For signs of use, we reserve the right to additional deductions of up to 40% of the net merchandise value and/or to charge special processing costs. The recipient is obliged to inspect the delivery for transport damage and report any damage immediately in writing to Nebensound GmbH and the carrier. The recipient is responsible for adhering to the reporting deadlines with the carrier. Late notifications result in the forfeiture of claims for damages.
Payment Terms
Unless otherwise agreed, delivery is made upon prepayment / cash payment. Invoices are to be paid, unless otherwise agreed, within 10 days from the invoice date in a manner that is free of loss/expenses for us. In case of delay in payment by the buyer, we are entitled to charge interest on arrears and demand immediate cash payment of all outstanding claims and/or claim damages. Interest on arrears is charged at 5% for consumers, 8% for businesses above the respective base interest rate per annum. If a direct debit or check payment is not honored, all further deliveries, including settlement of arrears, will only be made against prepayment / cash payment. We are entitled to charge a processing fee of €5.00 per incident for dishonored direct debits/checks in addition to bank charges. Changing the payment method due to customer debt does not entitle the customer to refuse acceptance. The buyer is entitled to set-off rights only if their counterclaims are legally established or undisputed.
Warranty
For contracts with consumers, the statutory warranty period is 24 months for new goods, and 12 months for used goods from the date of purchase. For transactions with businesses, the warranty for new goods is limited to 12 months. Warranty for used goods is excluded, starting from the date of purchase.
Lamps/bulbs and consumables are generally excluded from the warranty unless there are clear material defects. In individual cases, an additional warranty may be granted subject to confirmation by the manufacturer/supplier. For warranty cases:
a) The buyer must report defects immediately after their discovery either in writing to Nebensound GmbH or have them recorded by us. For parts installed during rectification, warranty under the purchase contract is provided until the expiration of the warranty period of the purchased item.
b) Warranty obligations do not exist if the defect is causally related to:
• The buyer not reporting a defect in accordance with clause a) and not providing an opportunity for rectification immediately, or
• The purchased item being mishandled or overused, or
• Parts being installed in the purchased item that were not approved by Nebensound GmbH or the manufacturer, or
• The buyer not adhering to the instructions for handling, maintenance, and care of the purchased item (e.g., operating instructions).
Normal wear and tear is excluded from the warranty.
In case of warranty, we will, at our discretion, either repair, replace, or issue a credit. If the customer (consumer) exercises their statutory right of withdrawal and declares withdrawal from the contract, we reserve the right to deduct for wear and tear or similar. If a product is returned unjustifiably as defective or faulty during the warranty period, we will charge a flat fee of €55.00 plus shipping costs for inspection.
Returns without prior notice should be sent back to us at your own expense. For returns that should be free of charge for the customer due to legal regulations, Nebensound GmbH will decide on the shipping method.
Retention of Title
All delivered goods remain the property of Nebensound GmbH until full payment by the buyer. The extended retention of title applies.
If the buyer is a legal entity under public law, a public-law special fund, or a merchant whose contract relates to their commercial operations, the retention of title applies to the claims Nebensound GmbH has from its ongoing business relations with the buyer. In the case of goods recovery due to arrears or insolvency of the buyer/customer, we are entitled to claim any wear and tear, damage, and depreciation.
Rental Terms
All prices listed in our price list, verbally on the phone, or in the office are plus statutory VAT. The prices are for one rental day (24 hours). A binding rental contract is concluded by telephone order. We reserve the right to require written confirmation of the order. All equipment is in proper, functional condition and technically flawless. It is expected to be returned in the same condition. Costs for cleaning and removal of external damage (e.g., scratches) will be charged separately. Technical malfunctions are possible and do not justify a reduction in rental fees. Further claims arising from the failure of a device are excluded.
The equipment is not insured; the renter assumes full responsibility. If loss or damage to the rented equipment occurs due to the renter, a participant in the event, or third parties, the costs are fully borne by the renter unless otherwise agreed, payable immediately upon receipt of a repair or replacement invoice. A cancellation (termination of the contract) by the customer is possible under the following regulation. The cancellation by the customer must be in writing to be effective. In case of cancellation, the fee is reduced as follows:
• Cancellation up to 30 days before the contractual rental start: 50% of the agreed fee.
• Cancellation up to 15 days before the contractual rental start: 30% of the agreed fee.
• Cancellation up to 5 days before the contractual rental start: 10% of the agreed fee.
• For cancellations made later, the customer must pay 100% of the agreed fee.
By signing the delivery note/rental contract, the renter acknowledges these general rental conditions and our general terms and conditions as legally valid.
Data Protection
Customer data is stored in electronic data processing systems in accordance with data protection laws.
Jurisdiction
Place of performance and jurisdiction, including for bill of exchange and cheque claims, is for both parties and, as far as legally permissible, Kirchheimbolanden. German law applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG), even in cross-border deliveries. Other national laws and international sales law are excluded.
Miscellaneous
If any individual provisions of the above terms are invalid or (provisionally) legally ineffective or contain a gap, all other provisions remain unaffected. The parties commit to replacing the invalid regulation with a legally permissible regulation that comes closest to the economic purpose of the invalid regulation or fills the gap.
Albisheim, 14.12.2022
General Terms and Conditions of Nebensound GmbH, Albisheim
Your Partner for Professional Event Technology in the Palatinate and Rheinhessen for Over 15 Years