General Terms and Conditions
– As of February 12, 2020-
Section 1 General
a) The following terms and conditions of delivery and payment apply to the entire business relationship between DMB RECORDS and its customers and are accepted as binding by placing an order. They apply exclusively. Contradictory or deviating general terms and conditions of our customers are not valid.
b) Agreements deviating from these terms of delivery and payment are only legally binding if they are confirmed in writing and expressly by DMB RECORDS.
Section 2 Conclusion of the contract
a) The ordering of goods from the delivery program of DMB RECORDS is always a binding offer of the customer. DMB RECORDS may accept this offer by sending an order confirmation within two weeks or optionally by sending the ordered goods to the customer within this period.
b) DMB RECORDS is not obliged to deliver goods that are no longer in stock, even if they are still listed on DMB RECORDS‘ offer lists.
Section 3 Prices
a) All prices include VAT in Swiss Francs (CHF) or in Euro (€). In each invoice, the valid VAT rates provided for by law are shown separately and are part of the invoice.
b) All deliveries are made at the list prices and discounts of DMB RECORDS valid on the day of delivery, whereby changes are expressly reserved at all times. If a delivery takes place at net prices or during a special price promotion, such delivery is excluded from any discounting.
Section 4 Shipping, Delivery and Costs
a) The ordered goods are professionally packed and immediately handed over to DMB RECORDS at the expense and risk of the customer for shipment by DMB RECORDS. DMB RECORDS is not liable for damages that occur after handover to the transport company. Partial deliveries are permitted unless other agreements are made with the customer.
b) In the event of a backlog of payments by the customer for previous deliveries by DMB RECORDS, DMB RECORDS reserves the right to withhold orders to be processed until full payment of the outstanding invoices or to demand advance payments or security. The first 3 (three) deliveries from new customers are regularly made only by cash on delivery, against direct debit authorisation or advance transfer.
Section 5 Payment and Delay
a) The preferred method of payment is prepayment. Payments must be made exclusively to DMB RECORDS within 14 (fourteen) days net cash.
b) The customer is in default of payment 30 (thirty) days after the due date of the invoice or an equivalent request for payment, even without an express reminder by DMB RECORDS.
c) If the customer is in default of payment, ceases his payments altogether or if insolvency proceedings are opened over his assets, all pending claims of DMB RECORDS become due immediately.
d) In the event of a delay in payment, DMB RECORDS is entitled to charge reminder costs in the amount of 50 (fifty) Euros even without an express reminder. If DMB RECORDS can prove a higher damage caused by delay, DMB RECORDS is entitled to claim it. Any dunning fees and legal costs incurred are to be borne by the customer.
Section 6 Complaints, Returns, Returns
a) Complaints due to obvious material defects, incorrect deliveries and/or quantity deviations can only be accepted if they are received by DMB RECORDS within 14 (fourteen) days after receipt of the shipment by the customer. For each complaint, the delivery note or the invoice must be encased. Otherwise, the delivery content shall be deemed to be consistent with the delivery note and free of defects. Defects that cannot be identified at first must be notified in writing immediately after discovery. For these, a notice period of 6 (six) months after delivery of the goods shall be deemed to be the exclusion period.
b) Unless a separate written agreement has been reached with the customer, returns are generally excluded due to misdispositions by the customer. Returns agreed in writing will be credited at the applicable list price on the day of the return minus any discounts granted. Returns credits are always based on the lowest subscription price.
c) Should returns (complaints or returns) be made, they must in any case be accompanied by a corresponding valid return release from DMB RECORDS. All returns may only be made free of charge and only to DMB RECORDS, 3000 Bern. Unreleased shipments or shipments without approval will not be accepted.
d) Returned goods must be in a saleable condition, unless the complaint relates to that condition. DMB RECORDS expressly reserves the right to make corresponding deductions on the credit note in the case of improperly delivered or damaged goods; this also applies in particular to damage to the packaging and image envelopes.e) No sound carriers directly purchased by DMB RECORDS are credited or returned.
Section 7 Retention of title
a) The delivered goods remain the property of DMB RECORDS until all DMB RECORDS is fully fulfilled on the basis of the sales contract and the general terms of delivery and payment. The customer shall store the goods delivered by DMB RECORDS with commercial care, but shall be entitled to resell them in the proper course of business. In return, the customer assigns to DMB RECORDS in advance all claims in the amount of the final invoice amount (including corresponding VAT) that accerated to him from the resale of the delivered goods against his customer or third parties (extended retention of title). DMB RECORDS already accepts this assignment. However, the customer is also authorized to collect the claim resulting from the resale after the assignment of claims to DMB RECORDS.
b) As long as the retention of title to the goods exists, pledging, transfer of security and any other transfer of the delivered goods by the customer, which impairs security, are not permitted, with the exception of resale in the proper course of business. If goods delivered under reservation of title by DMB RECORDS or claims assigned to DMB RECORDS are seized or confiscated by third parties, the customer must inform the enforcement officer of the retention of title or the security order and notify DMB RECORDS immediately with notification of the attachment and seizure protocol. In such cases, the customer undertakes to bear the costs of measures to remove the seizure or seizure.
c) If the customer is in default of payment, ceases his payments in its entirety, if insolvency proceedings are opened over his assets, or if he otherwise fails to fulfil his contractual obligations, the customer shall, upon request, grant DMB RECORDS immediate access to the goods still in place under the reservation of DMB RECORDS and provide DMB RECORDS with all necessary information on their own collection of the claims under extended retention of title.
Section 8 Rental, rental and reproduction of phonograms
Rental, rental or similar transactions (e.g. sale with right of return) as well as a reproduction of the recordings supplied by DMB RECORDS is only permitted with the express, prior and written consent of DMB RECORDS, unless this is expressly permitted by the Copyright Act. The same applies to any overplaying on tape, foils and other phonograms or feed into any electronic databases and networks.
Section 9 General Provisions
a) Should individual terms and conditions be declared invalid in whole or in part by the courts, the validity of the remaining provisions or parts of these provisions shall not be affected.
b) Swiss law applies to the contractual relations between DMB RECORDS and its customers. Its legal seat is Bern.
c) The customer declares his consent to the transfer of personal and/or company-related data to the credit insurance companies of DMB RECORDS.
Section 10 Place of performance and place of jurisdiction
The place of performance is the place from which the delivery takes place, currently the goods and shipping warehouse in Bern.
The place of jurisdiction is the registered office of DMB RECORDS in Bern, Switzerland, unless a different jurisdiction is mandatory.