Terms & Conditions

General Terms and Conditions of Media-Import-Export GmbH, Am Wasserturm 6, 30629 Hanover

General basis
These General Terms and Conditions of Business and Delivery apply to all contracts concluded between the company Media-Import-Export GmbH(hereinafter referred to as the company) and the buyer as well as all other agreements made within the framework of the business relationship.
Services and deliveries of goods shall be made exclusively to resellers and commercial consumers. The customer is obligated to use purchased goods exclusively for resale or within the scope of his own commercial operation.
General terms and conditions of the customer shall not become part of the contract, even if they are not expressly contradicted by the company. In the event that the Customer does not wish to apply the following General Terms and Conditions of Business and Delivery, he shall notify the Company in writing prior to conclusion of the contract. By placing an order, the customer acknowledges the validity of German law for the placed order and its execution.

Conclusion of contract
The conclusion of the contract requires the written confirmation of the company to be legally effective. The written confirmation can be replaced by the company by implied action, such as delivery of goods and / or invoicing.
Oral agreements / contractual arrangements made by employees shall only become effective with a written confirmation by the management of the company.
All invoices of the company are payable according to the printed terms of payment.
Decisive is the date of crediting the Company’s account. In case of default, at the latest two weeks after receipt of invoice and performance of service, the Company is entitled to charge interest at a rate of 10 percentage points p.a. above the respective base rate.
An offsetting with counterclaims by the client is only permissible if the counterclaim has been expressly acknowledged by the company in writing.
The client shall bear bank charges arising from insufficient funds in a client account or from the non-redemption of direct debits to client accounts and/or cheques.

The place of performance is the company’s registered office in Hamburg.
The delivery time is set by the company Media-Import-Export GmbH. We exclude claims for damages due to delay. In case of force majeure, operational disturbances for which we are not responsible, strike.
Lockout and delay of material delivery, no matter whether it is at our or our suppliers’ premises, the storage period shall be extended by the duration of the hindrance and a reasonable start-up time. The company is entitled to make partial deliveries, whereby each partial delivery is legally considered an independent contract. The disposal of packaging material is the responsibility of the customer.

Retention of title
The sold goods remain the property of the company until the complete payment of the claims arising from the business relationship – regardless of the legal basis.
The customer is entitled to resell the goods within the scope of his normal course of business. This entitlement does not include pledging and / or transfer of ownership by way of security. The right to resell expires in the event of the customer’s default of payment or if insolvency proceedings are opened against the customer’s assets. Limitation of liability.
The company is not liable for the fact that the ordered and delivered goods are suitable and/or permitted for the purposes envisaged by the customer.

Complaints of defects must be made to us in writing by the purchaser without delay, at the latest within one week after receipt of the goods at the place of destination. If notices of defects are accepted by us, the buyer can only demand rectification of defects or replacement delivery.

Price and payment conditions
Payments to us are to be made without discount or other deductions. In all other respects, payment shall be subject to the provisions of the written contract or our written order confirmation.
Every payment is at the expense and risk of the buyer.
The prices quoted by us are only valid for the individual order; repeat orders are considered new orders.
All costs caused by late payment, such as reminder charges, collection fees and similar, shall be borne by the buyer.
In case of delayed payment we are entitled to withdraw from the contract or to claim damages at our discretion.

Return of goods
An obligation to take back goods does not exist on our part without defects recognised by us. If we take back the goods, the goods will be credited according to their condition, the determination of which is to be made by an expert to be determined by us at the request of the buyer. The costs for the expert are to be borne by the customer.