§1 Validity
All goods and services from Jackalope - Artist Needs Management are exclusively based on the following terms and conditions (AGB). Conditions deviating from these rules, especially in terms and conditions of the trading partner are valid only if confirmed in writing by Jackalope - Artist Needs Management GbR.
§2 Conclusion
Offers of Jackalope - Artist Needs Management GbR are non-binding and subject to self-supply, as far as the Jackalope - Artist Needs Management GbR manufactured components from third party supplies.
Verbal information and promises, catalogue printing, online images, email accounts and other advertising claims of any kind, in particular descriptions, illustrations, drawings, patterns, quality, texture, composition, performance, fuel economy and usability as well as dimensions and weights of the commodities are subject to change unless they are expressly designated as binding.
Both parties can decide at any time to stop the cooperation without important reason. Which means i.e. that Jackalope - Artist Needs Management GbR can stop to deliver the trading partner and the trading partner does not have to continue to order from the Jackalope - Artist Needs Management GbR.
§3 Delivery time, partial deliveries
In the written confirmation of Jackalope - Artist Needs Management GbR stated delivery times are approximate times. If Jackalope - Artist Needs Management GbR in arrears, Jackalope - Artist Needs Management GbR is not liable for the damages incurred by a trading partner only if the delay is caused due to breach of contract or was caused by intent or gross negligence of Jackalope - Artist Needs Management GbR. Damages for non-compliance may require the trading partner after a deadline with the threat of rejection only if the delay was intentional or gross negligence or in case of slight negligence on the violation of essential contractual obligations.
Delays in delivery due to force majeure, sovereign intervention, natural disasters, war, riot, legal difficulties, technical problems in their own operation, technical problems with the manufacturer, subcontractor or other in carriers or on the basis of Jackalope - Artist Needs Management GbR is not responsible circumstances is Jackalope - Artist Needs Management GbR entitled to make delivery after removal of the obstacle. Both parties may withdraw from a contract made in whole or in part if any of the foregoing events leading to a delivery delay of more than three months beyond the agreed deadline. Further claims of the parties are excluded.
Jackalope - Artist Needs Management GbR shall be entitled to make partial deliveries.
§4 Prices and Payment
The agreed prices are based on the order confirmation and are selected from Jackalope - Artist Needs Management GbR warehouse with no other benefits. The packaging costs and associated costs of shipping such as postage, freight, delivery charges, etc., these costs are charged to the trading partner separately. Shipping costs depend on the content and scope of the order and is sent on the size, weight and the country in which will be calculated. The prices might be added with turn over taxes, depending of the country to which the shipments will be sent.
The risk of damage or loss of delivered goods is leaving the distribution center of Jackalope - Artist Needs Management GbR transferred to the trading partner.
Invoices from Jackalope - Artist Needs Management GbR are, unless agreed in advance, payable 30 days after the date of the invoice net of discounts and other deductions, no later than immediately after receiving the deliveries of Jackalope - Artist Needs Management GbR. In the case of partial deliveries under 3.3, only the pro rata purchase price is payable.
In the event of default of the trading partner calculates Jackalope - Artist Needs Management GbR interest at the rate of 3% above the rate of the Deutsche Bundesbank; Jackalope - Artist Needs Management GbR demonstrate higher is due to the delay damages, the trading partners of the evidence of lower damages for delay by Jackalope - Artist Needs Management GbR reserved.
The trading partner can only against counter-claims a lien based on the same contract. In case of ongoing business relationship with each and every order is a separate contractual relationship. A set-off against claims of Jackalope - Artist Needs Management GbR is permissible only with undisputed or legally established claims.
§5 Warranty
In case of defects of the merchandise Jackalope - Artist Needs Management GbR is after his first election for exchange of defective goods allowed. After the second failure or the impossibility of repair or replacement within a reasonable time of the trading partner is entitled to demand a reduction of the purchase price (reduction) or cancellation of the contract (rescission).
Apparent faults in the trading partners immediately, in writing no later than within two weeks after receipt of the delivery of Jackalope - Artist Needs Management GbR. Other defects, even after careful examination can not be discovered within this period, Jackalope - Artist Needs Management GbR are promptly notified in writing no later than within six months after delivery. The rules for merchants investigation or complaint obligations of the 377 and 378 of the Commercial Code remain unaffected.
The trading partner prior to the guarantee required to allow Jackalope - Artist Needs Management GbR examination of the claimed subject matter, at the option of Jackalope - Artist Needs Management GbR either the buyer or Jackalope - Artist Needs Management GbR. Denied the retailer to review, then Jackalope - Artist Needs Management GbR released from the guarantee.
The warranty does not cover the elimination of errors caused by external influences or operator error. Has the same applies in case of damage caused by the operation of the contract goods, along with such devices or programs, not the compatibility of Jackalope - Artist Needs Management GbR expressly agreed in writing.
A defect is usually excluded in case: a) the mastering might be inferior b) inferior sound / image, or mix and c) noise
§6 Liability
Used by Jackalope - Artist Needs Management GbR breached a contractual duty or a written assurance given property met, the liability ofJackalope - Artist Needs Management GbR is limited in amount to the amount of general public liability insurance of Jackalope - Artist Needs Management GbR. Jackalope - Artist Needs Management GbR granted the trading partners to request information about the level and scope of the insurance policy.
All other rights and claims of the trading partner to Jackalope - Artist Needs Management GbR, regardless of their legal basis, are excluded due to defects or failures of the contract goods. This also applies to compensation for indirect damages (consequential damages, lost profits, including the replacement of such damages not to contract goods themselves, but by their use, their uselessness or are created in a different way to other devices, objects or people). Further claims are excluded because of breach of contractual obligations, in particular, advisory and information requirements, including a fault at contract conclusion. The same applies to tort claims.
The aforementioned liability exclusions shall not apply if Jackalope - Artist Needs Management GbR or its agents with intent or gross negligence. The same applies in case of liability for damages from Jackalope - Artist Needs Management GbR under the Product Liability Act.
§7 Retention of title
All deliveries of Jackalope - Artist Needs Management GbR place under retention of title. If the trading partner merchant, then, the ownership of the delivered goods and rights ("Retained Goods") until all payments resulting from the ongoing business relationship to the trading partner. Jackalope - Artist Needs Management GbR is requested by the trading partner previously part of the delivered goods subject to this pledge, if and when the value exceeds the reserved goods supplied all outstanding claims of the Jackalope - Artist Needs Management GbR by more than 30%.
The trading partner is not entitled to mortgage the goods delivered before the transfer of ownership or to transfer them as security or to process or alter it. He may resell the conditional goods in the ordinary course of business transactions. In the event of resale of the trading partners hereby assigns all claims against its customers resulting in full amount as security for the debts of Jackalope - Artist Needs Management GbR at Jackalope - Artist Needs Management GbR. Jackalope - Artist Needs Management GbR accepts this assignment. The trading partner will inform any third party access to the conditional goods or the Jackalope - Artist Needs Management GbR assigned claims promptly and in writing of the rights of third parties on the Jackalope - Artist Needs Management GbR.
If the trading partner with one or more payments in whole or in part, in default, he is making his payments on his assets or has applied for the opening of bankruptcy or judicial composition proceedings, then they shall no longer trading partners have the conditional goods. Jackalope - Artist Needs Management GbR is entitled in such a case, the contract or to withdraw the reservation of goods for recycling or otherwise to revoke the authority of the trading partner to collect the receivables from the resale. Jackalope - Artist Needs Management GbR can then request information about the recipients of the goods, show them the assignment of the debt and collect the claims itself.
During the period of retention of title is the trading partner is the subject goods at his own expense against loss or damage, especially through fire, flood, burglary or theft and of sufficient insurance Jackalope - Artist Needs Management GbR access on request to grant the insurance policy. The trading partner assigns its related insurance claims, already now at Jackalope - Artist Needs Management GbR. Jackalope - Artist Needs Management GbR accepts this assignment and explains the reassignment of the trading partner with the proviso that this is effective if and when the property title is extinguished.
§8 Rights of third parties
Jackalope - Artist Needs Management GbR will release the trade partners of third party claims of infringement of any intellectual property right or copyright, provided that the trading partner isJackalope - Artist Needs Management GbR such claims promptly notified in writing and the Jackalope - Artist Needs Management GbR all necessary legal and technical defenses, in particular modification or replacement of delivered Ware has made it possible. Further claims of the trading partner, for whatever legal reason are excluded.
§9 Export
The trading partner commits itself to follow in case of export of the contract goods, the provisions of German foreign trade law. This applies equally to the delivery to countries to recipients or purposes, of which the trading partner knows or should know that they are subject to legal control foreign trade and customs regulations, if necessary.
§10 Returns
Returns are generally excluded, unless the parties have reached an agreement on the amounts and if agreed in writing prior to a refund. In this case, the trading partner accepts the shipment at his own expense and at his own risk, ie the necessary insurance and customs clearance. Unless there is a recall by Jackalope - Artist Needs Management GbR. In the event of a recall in which the goods will be replaced, re-shipping costs and the risk and if the clearance is carried through Jackalope - Artist Needs Management GbR or refunded to the trading partner.
§11 Confidentiality and Privacy
The parties will be treated confidentially in the context of the business relationship individually agreed terms and has become known business and trade secrets in general, and even after the business relationship.
Jackalope - Artist Needs Management GbR is observed in the use of the business relationship with the contractor became known personal data, the provisions of the Data Protection Act.
§12 Miscellaneous
German law applies. The validity of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded.
For agreements with full merchants the place of performance is Halle/Saale and exclusive jurisdiction in Halle/Saale. A jurisdiction is in Halle/Saale also justified, if at legal action domicile or habitual residence of the contracting party are not known or is not domiciled in Germany (no longer).
Should individual provisions of these terms and conditions or the contract entered into with the contractor in whole or partially invalid, this shall not affect the validity of the remaining contract.