Conditions

dmb | agb

preamble

The "dmb group international" is a conception, planning and trading agency and, with its various "divisions" of building equipment, develops holistic property solutions as part of an innovative overall concept in connection with high-quality materials and innovative technical systems which trades are interlinked. As a full-service provider, we also offer the installation of the solutions as well as programming and commissioning. The focus here is in particular on innovative light, LED and lighting technology, tension and light ceiling systems, professional audio and video solutions as well as home entertainment concepts, acoustic systems, media technology controls, security, alarm and monitoring systems, digital information and terminal systems as well as digital Signage solutions, large-screen systems, multimedia and entertainment solutions, content management, web and communication design The focus is on the holistic process from conception, planning and product delivery, installation, programming and commissioning to final project management and technical implementation. The "dmb group international" operates internationally and imports and exports goods and services abroad.

§1 dmb | General terms and conditions

All deliveries, services, offers and contracts of the "dmb group international" are based exclusively on these provisions. They are recognized as binding upon conclusion of the contract, either verbally or in writing, but no later than upon receipt of the goods or the services provided. Any conflicting terms and conditions of the buyer are expressly excluded. Side agreements, changes or additions to the contract are only effective if they have been confirmed in writing by "dmb group international". Counter-confirmations by the buyer with reference to his business or purchasing conditions are hereby rejected.

§2 dmb | GTC service provision

The service provision of all divisions of the "dmb group international" concentrates on all concept development and planning services, international telephone and personal on-site advice as well as the sale of the products offered by the "dmb group international". By commissioning a concept or planning service, regardless of which division of the "dmb group international" and type of commissioning, be it by telephone, verbally or in writing, the customer declares himself to be charged with the calculation of the services according to the current standard hourly rate of EURO 95, - /Hours. NETTO (as of April 2018) agree. After the service has been provided, the "dmb group international" has the right to invoice the client or his customer for these services. This also includes all travel, accommodation and subsistence costs. In the case of the necessary use of public transport such as bus, train, taxi, rental car, flight or watercraft for the purpose of fulfilling the customer order, the client must bear the costs incurred. The choice of which type of public transport is used is decided by the "dmb group international". The entire invoice amount of the costs incurred is due within 7 calendar days of the invoice date without deductions and plus the statutory. VAT of currently 19% to be paid to the account of "dmb group international". Offsetting with a final product delivery of the concept and planning services provided can be agreed in whole or in part, if the overall concept worked out by "dmb group international", regardless of the product specification, is also available exclusively from "dmb group international" for delivery by the customer be commissioned. However, this agreement must be set down in writing before any service is provided with the customer. When the customer is commissioned with product deliveries from third parties (external companies) based on the concept or planning already drawn up, all the services provided up to the order, including travel and food costs, are charged in full at the gross amount. A mutual settlement of already incurred travel, accommodation and subsistence costs is not accepted.

§3 dmb | General terms and conditions of contract

Orders are binding for the "dmb group international" from the moment the "dmb group international" confirms them or fulfills them by executing the order. The "dmb group international" is entitled to use carefully selected and monitored vicarious agents in the fulfillment of contractual obligations in whole or in part. A new order must only be canceled within 7 days after the order has been placed, since the goods are manufactured specifically for the object and production cannot be stopped after this period has expired. In the event of an order cancellation after the time window, 80% of 100% of the total invoice amount is due as a processing and contract cancellation fee and is to be paid immediately to "dmb group international" on the day of cancellation. "Dmb group international" retains reserves the right to refuse orders in whole or in part if their content obviously violates laws, official regulations, third party rights, good manners, etc. With the conclusion of the contract, the customer agrees to a credit check. The "dmb group international" is entitled to to withdraw from the contract if the credit report is negative.

§4 dmb | general terms and conditions of fulfillment, delivery, delivery period and risk

The place of performance is the domicile of "dmb group international". Partial deliveries by "dmb group international" are permitted, provided this is reasonable for the customer. In the case of delivery contracts, each partial delivery and partial service is considered an independent delivery. Shipping costs are charged to the customer only once. Unless otherwise agreed in the delivery terms of the current contract. The type of dispatch, the dispatch route and the transport company commissioned with the dispatch can determine the "dmb group international" at its own discretion. In the case of parcel shipments, the risk is transferred to the buyer as soon as the shipment with the delivery items is handed over to the buyer by the carrier or mail carrier. In order to be able to assert claims, the buyer has to notify the forwarder or mail carrier immediately of any obvious transport damage as well as any identified transport damage and to report this in writing to the "dmb group international" within 24 hours of receipt of the goods. In order to report possible transport damage, missing, incorrect or faulty deliveries, the framework conditions and time frames specified by the "dmb group international" must be observed. In the event of transport damage, not only the completed damage report but also photographs with the current date of the outer packaging and product damage must be documented and to be submitted in writing to the "dmb group international" within 24 hours together with a copy of the delivery note. If the time window is not adhered to, the insurance cover for transport damage will expire. After the time window has expired, responsibility for the goods delivered is automatically transferred to the customer or recipient. Possible missing items within the deliveries are then no longer part of the complete delivery of the "dmb group international" and can be re-delivered against a new invoice. The delivery times are given in the offers as well as in the order confirmations according to the current status, but are this information is always without guarantee. The "dmb group international" accepts no liability for delays in delivery caused by the manufacturer or the supplier. If the delivery time is oversized, the customer is entitled to cancel the order without incurring any costs. However, a prerequisite for this is a proper time and correct cancellation in writing. This cancellation must be made in writing within 14 days after the expected delivery date stated in the corresponding order confirmation before the actual delivery. Cancellations after delivery will no longer be accepted, especially if the goods have already been accepted by the recipient as listed in §1. Goods that have already been delivered can only be taken back in consultation between the customer and the "dmb group international". The decision to take back goods is only made after checking and at the discretion of the "dmb group international". Should the "dmb group international" agree to a return, cancellation fees as listed in §3 will be incurred. The cancellation fees are to be paid in advance by the customer within 3 working days of receipt of the invoice without any deductions after approval for the return by the "dmb group international". After receipt of payment has been booked, the customer receives an approved return delivery note from "dmb group international", which he returns with the goods at his own expense and insured to the company "dmb group international". Improperly packaged goods, goods without original packaging, damaged packaging and goods of any kind (fall damage, crush damage, moisture damage, etc.) are completely excluded from the return and will not be accepted, as these can no longer be sold as new goods. The resulting additional costs such as return transport, insurance, packaging and freight costs etc. must be borne exclusively by the customer. Any return delivery of any kind to the "dmb group international" or its cooperation or business partners such as distributors, manufacturers, cooperation partners, sales partners or wholesalers without a valid return delivery note issued by the "dmb group international" will not be accepted. The possible costs incurred by the "dmb group international" such as packaging, freight and processing costs will also be charged to the customer. In the event of delivery delays caused by legal or official orders (e.g. import and export restrictions or customs) and are not represented by the "dmb group international", the delivery period is extended according to the duration of such hindrances. In important cases, the beginning and end of these will be communicated to the buyer immediately by "dmb group international". This can be done by e-mail, fax, post, any short message service (SMS / Whats App / Messenger / Social Network etc.) as can also only be made by telephone via landline or mobile network and is at the discretion of the "dmb group international" and is therefore communicated in a binding manner.

§5 dmb | general terms and conditions right of withdrawal for distance contracts

The private end user has a right of withdrawal for distance contracts. In accordance with the law, within two weeks of receiving the goods, he has the option of canceling the contract without giving any reason and sending the goods back. Only in the case of goods that cannot be sent as parcels (e.g. bulky goods) can the consumer declare the return by simply requesting the return in writing, i.e. by letter, fax or e-mail. The timely dispatch of the goods or the return request to "dmb group international" is sufficient to meet the deadline. When exercising the right of withdrawal, the consumer bears the return costs up to an order value of € 150.00. Reductions in value from intended use are to be reimbursed by the consumer, unless the reduction is only due to the inspection of the goods. An examination equates to the possibilities that are given in specialist shops. If the value of the goods is more than € 150, the "dmb group international" will cover the costs of returning the goods. In this case the "dmb group international" sends the costs with the purchase price. Returns sent freight collect will not be accepted, but will be sent back to the sender immediately by Swiss Post. The goods are to be returned in perfect condition with all accessories, including all packaging parts in the original packaging and in an insured package. It is important to ensure that the goods are properly protected. An uninsured shipping method is only possible if it concerns small parts or goods of lower value that were not sent to the consumer in the parcel, even by the "dmb group international". In principle, there is no right of withdrawal for: Data carriers of any kind that have been unsealed by the consumer and consumables that have already been opened. A right of withdrawal is also excluded for goods specially manufactured according to customer requirements. There is also no right of revocation if the legal transaction was concluded for commercial purposes or for purposes serving the independent professional activity of the buyer

§6 dmb | general terms and conditions of payment

The "dmb group international" reserves the right to call up 100% in advance regardless of the delivery performance or service. Invoices are payable in the agreed time without deduction. A payment is only considered to have been made when the "dmb group international" can dispose of the amount. First deliveries to new customers of any kind are initially only delivered against 100% prepayment. The "dmb group international" also acts as a base partner / base dealer of various international manufacturers and is therefore not to be regarded as a wholesaler. Services in the form of planning, technical calculations, programming, etc. are to be paid in advance at 100% as prepayment Time expenditure "on site" such as installation services, programming efforts and / or commissioning services are either to be paid as an advance payment or to be paid directly on site either in CASH or as a card payment after the service has been performed. The customer is already informed in the offer and the In the case of advance payment on account for "on-site" services, the remaining amount is to be paid immediately after completion of the work, either in cash or by card. With the order, the customer agrees to our terms of payment and our terms and conditions lich too. Other payment terms can be negotiated with existing customers after the first three completely correct transactions. In the event of non-compliance with payment terms and / or payment methods, the "dmb group international" reserves the right to make all deliveries to the customer only against 100% prepayment. All goods deliveries are only delivered after receipt of prepayment. Object-specific special orders and productions are made In addition, the manufacturing or production is only commissioned after prepayment has been made. Unless other payment terms were agreed upon with the “dmb group international” when placing the order, the buyer / customer generally fully agrees to make 100% prepayment. In particular, if this has already been confirmed by the order confirmation created by the "dmb group international" after the order has been placed. In the event of default in payment, the "dmb group international" refers to the following legal text of the BGB. "According to §§ 286, 288 BGB you are in default of payment of the invoice (s) without further reminder 30 days after invoicing and receipt of the invoice (s). After this period you will incur additional costs for reminders or the judicial dunning procedure then in addition to the load. We are legally obliged to provide this information. " In the event of default in payment, this is calculated at 5% above the current base rate. Bills of exchange or checks are neither accepted nor accepted. Only after full payment does the goods become the property of the buyer. Additional provisions for the calculation of services are specified under §2 dmb | agb service provision.

§7 dmb | terms and conditions retention of title

The delivered contractual items remain the property of "dmb group international" until they have been paid in full. "Dmb group international" is entitled to claim back or pick up unlawfully retained goods, which are still subject to retention of title by "dmb group international", from the customer without prior notice allow. In the case of services in the area of project planning, programming and commissioning, the data and documentation are only handed over after full payment. In the event of a persistent delay in payment, the "dmb group international" is entitled to either partially or completely block or block the system that has been put into operation.

§8 dmb | Terms and conditions warranties and liability

The "dmb group international" guarantees for a period of 24 months from the delivery date that the delivery items are free from defects in accordance with the current state of the art. Liability for normal wear and tear is excluded. For defects and damage resulting from faulty, unsuitable or "dmb group international" assumes no liability for improper use or treatment, non-observance of the instructions for use, incorrect or negligent treatment. The guarantee expires if the buyer intervenes and / or repairs that are not subject to the regular maintenance cycles Makes devices or has them done by persons who have not been authorized by the "dmb group international". In the event of defects in the delivered goods, the "dmb group international" warrants at its own discretion by repairing them free of charge or replacing them. but at the latest within 24 hours after Zugan g of the goods (obvious defects) or 3 days after discovery (hidden defects) in writing. After the deadlines have expired, there is no entitlement to liability, in particular for transport damage, etc. This liability clause is based on the general liability guidelines of the freight forwarders commissioned by the "dmb group international" or its contractual and business partners. Unless expressly agreed otherwise, further claims by the buyer, regardless of the legal basis, are excluded. The "dmb group international" is therefore not liable for damage that did not occur directly on the delivery item; in particular, the "dmb group international" is not liable for lost profit or other assets. In the event that unauthorized third parties intervene in the installation work that has already been completed, in particular the electrical trade, control systems and audio / video as well as lighting and media systems and controls by the "dmb group international" during the period of its own warranty obligation, the full warranty, as long as the external intervention has not been agreed in writing with the "dmb group international".

§9 dmb | General terms and conditions data protection

The "dmb group international" is entitled to save and process the data received with regard to the business relationship or in connection with it, insofar as this is necessary for the proper order processing and information. We do not pass on any data of our customers to third parties and it exists at any time the possibility of viewing and deleting all data stored about you. In particular, the guidelines of the GDPR apply here, which are explained in detail under the link "data protection" on this page.

§10 dmb | General terms and conditions of jurisdiction and applicable law

The place of jurisdiction is Lindau am Bodensee. German law applies exclusively to contractual relationships.

§11 dmb | general terms and conditions severability clause

This is the text field for this paragraph. Click in the field and start typing. Once the content is added, you can change it with various options for colors, fonts and sizes, and bullets. Highlight the words you want to change and use the various options on the text editing bar.
Share by: