General Terms and Conditions

1. General

1.1 All contracts, deliveries and other services (including consulting services) are provided exclusively under these general terms and conditions, unless otherwise agreed in writing in individual cases.

1.2 Conditions of the customer that deviate from these general terms and conditions are not valid.

2. Order Processing (Domestic)

2.1 Offers made by independent entertainment GmbH are non-binding, unless they have been expressly designated as binding when the offer was made.

2.2 This applies in particular to products advertised in advertisements or mailings. Prices may differ, as may the specification of performance data or system requirements.

2.3 independent entertainment GmbH accepts orders by telephone or written confirmation (including by fax or via the Internet). Verbal collateral agreements or assurances of any kind require written confirmation by independent entertainment GmbH to be legally effective.

2.4 The customer, who may set a reasonable deadline for their order, remains bound to their order until the end of this deadline, even if the order was placed verbally.

2.5 If the order includes services in addition to delivery (installations etc.), these will be invoiced at the announced hourly rates. Expenses such as travel costs, parking fees etc. will be charged separately.

2.6 With regard to shareware, public domain and freeware, the service of independent entertainment GmbH consists of copying the programs ordered by the contracting party onto data carriers and shipping these data carriers, not of selling programs. Accordingly, independent entertainment GmbH is not liable for shareware, public domain and freeware, as this does not constitute its service.

3. Delivery

3.1 Shipping is at the risk and expense of the customer. This also applies if independent entertainment GmbH has assumed the transport costs.

3.2 If the packaging is damaged, the customer must notify the transport company immediately.

3.3 Partial deliveries are permitted, unless the customer demonstrates that the partial delivery is of no economic interest to them. Partial deliveries are invoiced separately and become due for payment individually. Down payments are credited proportionally to the individual deliveries of the overall transaction.

3.4 Shipping costs are calculated according to the respective flat-rate shipping charges that we publish in our catalogue, in advertisements or on the Internet.

4. Prices / Payments

4.1 Unless expressly stated, prices are exclusive of packaging and shipping costs.

4.2 Invoice amounts are due immediately and payable without any deduction, unless otherwise noted on the invoice.

4.3 From the 30th day after the invoice date, independent entertainment GmbH is entitled to charge default interest at a rate of 3% above the respective base interest rate of the Deutsche Bundesbank, unless independent entertainment GmbH proves higher default interest or the customer proves a lower burden on independent entertainment GmbH.

4.4 The customer may only offset claims that are undisputed, recognised or legally established by a court.

5. Retention of Title

5.1 The delivered goods remain the property of independent entertainment GmbH until full payment of the purchase price and all existing or future claims arising from the business relationship with the customer.

5.2 This applies to all claims that independent entertainment GmbH subsequently acquires against the customer in connection with the purchased item, including on the basis of repairs, spare parts deliveries or other services.

5.3 In the event of conduct by the customer in breach of contract, independent entertainment GmbH is entitled to take back the purchased item. Taking back the item, as well as seizure of the item subject to retention of title, constitutes a withdrawal from the contract.

5.4 During the period of retention of title, the customer is entitled to possession and contractual use of the purchased item. This applies only as long as the customer meets their obligations arising from the retention of title and their obligations arising from the business relationship on time.

5.5 Insofar as computer programs are included in the scope of delivery, the customer is generally granted a simple, unlimited right to use the program and to create a backup copy, unless the license conditions of the respective program provide otherwise.

5.6 In the event of seizures or other interventions by third parties, the customer must notify independent entertainment GmbH immediately in writing. The customer is obliged to provide independent entertainment GmbH in writing with all information necessary to safeguard the rights arising from the agreed retention of title.

6. Warranty / Liability

6.1 The customer must report obvious defects in the goods to independent entertainment GmbH in writing within 14 days.

6.2 In the case of justified complaints about the delivered goods, independent entertainment GmbH will, at its discretion, supply missing quantities, replace defective goods, take them back or grant a price reduction.

6.3 If the rectification of defects fails, or if independent entertainment GmbH is unwilling or unable to rectify the defect or provide a replacement, or if this is delayed beyond a reasonable period for reasons for which independent entertainment GmbH is responsible, the customer is entitled to withdraw from the contract or to demand a reduction of the purchase price.

6.4 Claims for damages by the customer arising from fault upon conclusion of the contract, from breach of contractual collateral obligations, from tort and from all other legal grounds are excluded, unless independent entertainment GmbH or its vicarious agents are proven to have acted with intent or gross negligence.

6.5 There is no liability for indirect or direct consequential damages resulting from any software errors, except in cases of intent or gross negligence. In any case, liability is limited to the respective invoice value, except in cases of intent or gross negligence.

6.6 The warranty period is 24 months from delivery of the purchased item. The same period also applies to claims for compensation for consequential damages caused by defects, insofar as no claims are asserted in tort.

6.7 In the event that the customer complains of defects and returns the delivery or partial delivery, independent entertainment GmbH must reimburse the shipping costs if it turns out that defects are actually present. If the delivery is free of defects and the alleged defect is based on an application error, the customer must bear the shipping costs.

7. Final Provisions

7.1 independent entertainment GmbH is entitled to store and process the customer's data required within the scope of the business relationship, insofar as this is permissible under the German Federal Data Protection Act.

7.2 The place of performance is Hannover.

7.3 German law applies exclusively.

7.4 Should individual clauses be or become invalid, this does not affect the validity of the other provisions.

independent entertainment GmbH, like any other mail-order company, is obliged to comply with the German Distance Selling Act. Any missing explanations in these terms and conditions are hereby deemed to be extended.