Terms of entertainment artists Enterprise mediation and counseling
All goods and services of the Company Entertainment Enterprise (after EEKV) called due to online orders, these terms of business over the Internet or other online services. Divergent and / or supplementary agreements require the express written consent of EEKV, this also applies to any waiver of the written form requirement.
EEKV is agreed upon by chance or comply dates specified time. If these are exceeded by more than six hours, the customer has the right to grant a grace period with the remark that he will not accept delivery after the deadline. This period must be at least 2 weeks. Then comes not reached an agreement on a new delivery date, the customer may at the end of the grace period by written notice to rescind the contract. If the buyer in the event of default or impossibility of damages for non-performance, so this is limited to ordinary negligence to a maximum of 5% of the purchase price and only covers replacement direct damage, so in particular compensation for lost profits or other indirect damage. Further claims of the customer - especially for delivery - are excluded.
The risk passes to the buyer once the goods have been handed over to the transport company and has left the warehouse. This applies even if EEKV has taken over the transport costs. Complaints due to transport damage must be claimed directly to the shipping company within the specified period, the customer. For shipments from the customer to EEKV the customer bears all risks, particularly the risk of transportation, until the arrival of the goods at EEKV in Bamberg.
Bills of EEKV are immediately due and payable without any deduction. From the 14th Days after the invoice date are required of the contractor EEKV to pay default interest in the amount of 5% above the base rate of the European Central Bank (ECB) in accordance with § 1 paragraph 1 of the German Discount Rate Transition Act (DÜG). After removal of the base rate based on the above agreed contractual interest is that control means the ECB, which will officially established in accordance with § 1 paragraph 2 DÜG as a reference for Germany. The above does not apply if EEKV higher rate of interest or the buyer a lower burden of proof EEKV company, without the need of a reminder. Cheques are only accepted. Any charges will be borne by the customer. A set-off is permitted only with undisputed or judicially determined claims. A The customer can only claim if it is based on the same contractual relationship.
Complaints about delivery, material defects, wrong deliveries and deviations are, as far as these are ascertainable by reasonable inspection, without delay but at the latest within two weeks of receipt of goods in writing. The warranty period by EEKV is six months from receipt of goods. In case of justified complaints EEKV will deliver missing volumes and convert the rest, subject to the exclusion of the goods of their choice, take them back or give the buyer a discount. Is in the case of the exchange of goods and the second replacement is defective, the buyer has the right to cancel the contract (rescission) or reduction of the purchase price (reduction). The warranty for defects in devices is limited to repairs. If the error can not be eliminated or for customers further attempts are unacceptable, the customer can demand instead of repair, at its option exchange or refund. Moreover, further claims of the customer, which are related to a defective or incorrect delivery or breach of contractual obligations for delivery, excluded, and indeed indifferent, to be on the legal grounds in support of those assets (for example, tort, positive breach of contract and breach of duties during the contract negotiations). This exclusion does not apply to damage caused by intentional or grossly negligent breach of EE or a legal representative or vicarious agents. Even in the absence of warranted characteristics entitled to compensation for damages for non-performance.
EEKV warrants that the subject matter in the transfer or sending any material and / or workmanship on. If an object nevertheless be faulty, it will be converted from EEKV during the six-month warranty period. The warranty period begins with the delivery of the goods. If a defect in the above sense does not eliminate within a reasonable time by exchange, the purchaser can demand either exchange or refund. Further warranty is excluded for technical reasons. In particular, the company EEKV does not guarantee that the program functions meet the requirements of the purchaser or working with components in the specific configuration of the buyer. Also EEKV assumes no responsibility for the selection, installation and use as well as the intended results of the software. Any warranty is excluded for any consequences resulting from changes made to the purchaser or a third party in the goods or by improper handling or misuse of the goods. EEKV shall not be liable for data loss.
The acquisition remains subject to full payment of the purchase price by the customer in the property of EEKV. The retention of title shall also apply to all claims, the EEKV against the buyer in connection with the object of purchase, for example due to repairs or other services, subsequently acquires. During the period of retention of title, the purchaser is entitled to possession and contractual use of the purchased item, provided it meets its obligations under the retention of title and its obligations arising from the business connection time. The customer is obliged to provide all necessary information from EEKV agreed under a reservation of ownership rights persecution. As far as computer programs are included, the buyer is basically a simple to upload unlimited right and draining the grants program and the creation of a backup copy, if it is clear from the license conditions of the program nothing deviant. Accordingly, the individual rights governed by the license terms of the manufacturer.
EEKV is entitled to collect the personal data required for the business relationship between the customer according to the Federal Data Protection Act, to store and process information.
The ineffectiveness of individual points of these Terms and Conditions shall not affect the validity of the remaining provisions. In place of the ineffective provision, a new provision which comes as close as possible to the economic effect of the invalid provision. Place of performance and jurisdiction for contracts that were closed including these Terms and Conditions, Bamberg. The law of the Federal Republic of Germany.
Peter Henschel
96052 Bamberg Seehofstr.42
0049 / / 016 093 436 155
Jurisdiction Bamberg
Tax Office Bamberg
Taxpayer. 207/227/71290