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Digital Broadcast Systems GmbH General Terms and Conditions of Business

I. General Information
With respect to business relations of all types between Digital Broadcast Systems GmbH and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.

II. Prices, Packaging, Shipment
The prices published on our websites and in our webshop are basically valid. Other prices, which may derive from browser caches, are not current and invalid. Errors and omissions excepted. Our prices are quoted ex works unless explicitely confirmed different in writing. Packaging and shipping costs to be borne by the customer.
Installments, offered by Digital Broadcast Systems GmbH, are free of charge. Additional shipping costs to be borne by customer, if he explicitely requests partial delivery.

III. Delivery Time
Events which are unforeseeable, unavoidable and lie beyond the sphere of influence of Digital Broadcast Systems GmbH for which Digital Broadcast Systems GmbH does not bear responsibility, such as Acts of God, war, natural disasters, strikes, actions requested by governmental authorities or lack of transportation facilities, shall release Digital Broadcast Systems GmbH for the duration of such event from its obligation to make timely delivery and perform timely. Periods agreed upon between the parties shall be extended by the length of such disturbance in a reasonable manner. If the end of such disturbance is not foreseeable, each party is entitled to rescind the contract. Digital Broadcast Systems GmbH will deliver goods within 5 business days upon receipt of purchase order. If Digital Broadcast Systems GmbH is unable to meet customer's product delivery requirements, customer may cancel that order, and such cancellation is customer's sole remedy.

IV. Warranties and Claims for Damages
Warranties begin on the date of delivery.
The warranty period extends to 24 months if the customer is not a "businessman, businesswoman or entrepreneur" in the sense defined by §14 German Civil Code (Buergerliches Gesetzbuch/BGB) new articles. The warranty period extends to 12 months if the customer is a "businessman, businesswoman or entrepreneur" in the sense defined by §14 German Civil Code (Buergerliches Gesetzbuch/BGB). The goods should be examined immediately after delivery by the customer or an authorized individual to detect any damages. Detectible damages are to be reported without delay, within 14 days after receipt, in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
Defects or other damages owing to faulty or inappropriate handling, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by Digital Broadcast Systems GmbH., are not protected by warranty. Naturally occurring signs of wear are equally excluded from warranty protection.
Claims for damages against Digital Broadcast Systems GmbH arising from non-fulfilment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.

V. Reservation of Ownership
Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of Digital Broadcast Systems GmbH.

VI. Payment Terms
Online customers have the choice between prepayment by bank transfer or PayPal. Dealers pay via prepayment by bank transfer.

VII. Responsibility of Safe-Keeping
As per §14b UStG companies must store incoming and outgoing invoices for 10 years. The term starts at the end of the year, during which the invoices were generated.

VIII. Waste Electrical and Electronic Equipment Directive
Our WEEE-Reg. Nr. is DE21320288. As a distributor under the WEEE Directive we commit ourselves to collect, recycle and recover electrical goods free of charge for the customer. The customer is obliged to return to us all electrical goods bought after August 13, 2005.

IX. Instructions on the Statutory Right of Withdrawal
Right of Withdrawal
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).

You must inform us (Digital Broadcast Systems GmbH, Oberhoechstadter Strasse 10, 61440 Oberursel, Phone: +49-6171-582010, Email address: info@dbsys.de) of your decision to cancel your order. You may submit your request by contacting us, or using our model withdrawal form. In case you use this form, we will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days' cancellation period has expired and return the item within 14 days.

Consequences of Withdrawal
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Note that you will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
Exceptions to the Right of Withdrawal
The right of cancellation does not apply to:
- the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
- the supply of goods made to your specifications or clearly personalized;
- the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started.

End of Instructions on the Statutory Right of Withdrawal
This clause holds true for consumers in the legal sense of natural persons.
Distance Selling Regulations void the right of withdrawal for deliveries of tailor made products or products which have been manufactured according to the customer's specifications. Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, books, manuals or software with a broken seal. Bundles and packs of soft- and hardware may only be returned as one.

X. Data Protection
The customer agrees that Digital Broadcast Systems GmbH uses, records and analyzes data received in conjunction with their business relationship. Digital Broadcast Systems GmbH records and uses personal customer data for processing purchase orders or handling customer complaints. The Email address of the customer is only being used to provide information on the order status, for customer relations, and if the customer complies, for in-house newsletters.
Digital Broadcast Systems GmbH does not pass Email addresses down to third parties, excluding affiliates which request customer data for order processing. In those cases, the absolut minimum of data is being disclosed.

XI. Place of Execution and Place of Jurisdiction
Legal jurisidiction is exercised by the Federal Republic of Germany exclusively.
Neither party may assign ist rights and/or duties under these terms and conditions without the prior written consent of the other party. The place of execution for all services and products negotiated in business transactions with Digital Broadcast Systems GmbH is Bad Homburg v.d.H., Federal Republic of Germany, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
The exclusive place of jurisdiction for any legal proceeedings against Digital Broadcast Systems GmbH is Bad Homburg v.d.H., Federal Republic of Germany. The same holds true for legal action taken by Digital Broadcast Systems GmbH against its customers, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
Should any of these individual contractual conditions - for which reasons whatsoever - not be legally enforceable, the validity of the remaining provisions shall remain thereby unaffected.
The German version of Digital Broadcast Systems GmbH General Terms & Conditions of Business is binding.

XII. Consumer Arbitration
The European Commission has created an online platform for dispute resolution (ODR platform) available at: https://ec.europa.eu/consumers/odr/.

We are obliged to inform you about the existence of this ODR platform and in this context also about our email address info@dbsys.de.

We will attempt to solve any disagreement concerning contracts concluded with our customers consensually. Furthermore, we neither are obliged to participate in a dispute settlement proceeding in front of a consumer arbitration board, nor are we willing to do so.

Digital Broadcast Systems TV-Studio Vertriebs GmbH, Oberursel
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