Blind Guardian Online Shop General Terms and Conditions

§ 1  Preface
1.1  The contractual partner for all purchase orders within the framework of this online offer shall be
       BG Publishing & Merchandising GbR, Johannes-Girmes-Straße 30, 47929 Grefrath/Oedt, 
       (hereinafter referred to as "BG"). 

1.2  The following General Terms and Conditions apply to the entire current and future business
       relationship between BG and the Purchaser unless BG agrees to deviating General Terms
       and Conditions in respect of future business. Deviating or complementary General Terms
       and Conditions of the Purchaser do not become part of the contract without BG’s express
       written consent in each individual case.

1.3  “Consumer” shall mean an individual who orders goods for purposes that cannot be attributed
       to his commercial or self-employed professional activity. ”Businessman” shall mean an individual
       or a legal entity or a partnership with legal capacity that acts in the exercise of its commercial or
       self-employed professional activity when ordering goods. 
 
§ 2  Registration 
2.1  Any purchase order is subject to prior registration as a customer of this BG online offer. Multiple
       registrations under different names and/or addresses are inadmissible. Following successful
       completion of the registration process, BG will admit the customer to the system as a
       Purchaser.   

 2.2  However, BG is entitled to revoke admission to the system at any time without giving reasons.
       In such a case, BG shall be entitled to block the user name and the associated password with
       immediate effect. 
 
§ 3  Conclusion of contract  
3.1  The depiction of BG’s goods/articles on the website accessible at www.blind-guardian-shop.com 
      does not represent an offer within the meaning of §§ 145 et seq. BGB (German Civil Code). It is
      subject to change without notice and non-binding. 
 
3.2  The purchase order represents an offer submitted to BG for the conclusion of a sales contract. 

3.3  If the Purchaser submits an order to BG, BG shall send the Purchaser an e-mail confirming
      receipt of the order and its details (order receipt confirmation). This order receipt confirmation
      does not signify acceptance of the Purchaser’s offer, but is merely meant to notify the Purchaser
      that his order has been received by SMB.

3.4  A contract shall not be concluded until BG either confirms the order (“order confirmation”) or
       hands over the goods to the shipping company and forwards a second e-mail
       (shipment confirmation).

3.5  In respect of products from one and the same order that are not listed in either the order 
       confirmation or the shipment confirmation, no sales agreement shall result. If BG does not
       accept an offer, the Purchaser shall be notified of this decision without delay. Potential return
       services already rendered by the Purchaser shall be reimbursed without delay.  

§ 4  Delivery and risk assumption  
4.1  BG shall deliver the ordered goods to the address stated in the purchase order. Specifications
      regarding the delivery term are non-binding unless BG has explicitly and bindingly agreed to a
      specific date of delivery by way of exception. If services are delayed beyond the point in time
      agreed by BG, claims resulting from this delay cannot be asserted until the expiration of a
      deadline of at least two weeks to be set by the Purchaser, unless the Purchaser proves that his
      interest in the ordered goods has completely ceased to exist as a result of the failure to observe
      the time limit. 
 
4.2  BG is entitled to partial deliveries and partial services, as far as these are acceptable to the
      Purchaser.

4.3  If BG is unable to deliver the ordered goods through no fault of its own, because BG’s supplier
       does not meet his contractual obligations, BG shall be entitled to withdraw from the contract
       with the Purchaser. In this case, the Purchaser shall be notified without delay that the ordered
       product is not available. Already rendered return services shall be reimbursed without delay. The
       same applies if delivery is prevented by force majeure. The Purchaser’s statutory claims remain
       unaffected.

4.4  In the event that delivery to the Purchaser is impossible because the Purchaser is not found at
       the indicated delivery address although being notified of the delivery time well in advance, the
       Purchaser shall bear the cost of unsuccessful delivery.

4.5  As far as the Purchaser is a businessman, the risk of loss, damage or deterioration of the goods
       as well as the price variation risk shall pass to the Purchaser upon handover of the goods to the
       person responsible for shipment. The same applies to the risk of delayed delivery unless
       stipulated otherwise above.

§ 5  Due date and payment
5.1  Subject to section 5.3, the purchase price and potential shipping cost become due upon con-
       clusion of the contract.   

5.2  Shipping cost are to be borne by the Purchaser unless agreed otherwise beforehand between
       BG and the Purchaser. In case of deliveries within Germany, gross shipping cost amount to
       EUR 5.90 per package (up to 10 kg), EUR 8.90 per pakage (up to 20 kg) and EUR 12.90 per
       package (up to 31.5 kg); within the European Union the packaging ang forwardingcharges are
       17,00 Euro per package (up to 5 kg), 22,00 Euro per package (up to 10 kg) and 32,00 Euro
       per package (up to 20 kg).the European Union the applicable fees of Deutsche Post/DHL
       for insured parcels are charged as shipping cost (more details under "Shipping and Returns").
       Whether and to what amount the Purchaser has to bear forwarding expenses shall be indicated
       in the course of the ordering process. 
 
5.3  Payment must be made in advance and can be effected by bank transfer or payment by credit
       card.
      
5.4  Unless otherwise agreed, payments must also be made in case of partial delivery. BG shall bear
      additional forwarding costs in the event of partial delivery unless partial deliveries are expressly
      requested by the Purchaser. 

5.5  In case of default payment by the Purchaser, BG shall be entitled to claim default interest of at 
       least 5 percent above base lending rate. If the Purchaser is a businessman, the respective rate
       of interest shall be 8 percent above base lending rate. The contracting party benefiting from such
       evidence is free to prove that the delay has resulted in either a higher and more far-reaching
       damage or in a lower damage. 

5.6  The Purchaser may offset only such counterclaims that are indisputed, recognised or affirme
by final judgement. The Purchaser may only assert a right of retention on the grounds of counter-
claims that are based on the same contractual relationship. 
 

5.7  Costs and fees incurred by BG as a result of unjustified revocation of payments made by
credit card or direct debiting authorisation shall be borne by the Purchaser. Revocation of
payments is unjustified e.g. if debiting from the Purchaser’s account is impossible for want of cover
or due to the submission of false data. 
 

§ 6  Reservation of proprietary rights  

6.1  Until complete payment of the purchase price, goods shall remain the property of BG. If the
Purchaser is a merchant (“Kaufmann”) within the meaning of the HGB (German Commercial Code),
BG reserves the proprietary rights in all delivered goods until receipt of all payments concerning the
business relationship with the Purchaser.

6.2  The merchant Purchaser is under an obligation to notify BG without delay of any change to his
official location or place of business, as long as there are still bills receivable in relation to delivered
goods. 

6.3  The Purchaser is under an obligation to handle the goods with care until the transfer of ownership is
 completed.

§ 7  Revocation instruction  

7.1  Subject to section 7.5, the Purchaser may revoke his contractual statement in text form (e.g.
letter, fax, e-mail) within two weeks without giving reasons or by sending back the goods. The
period shall begin no sooner than (on the day) after receipt of the goods and this instruction in
text form. To observe the time limit, posting of the revocation or the goods in due time shall be
sufficient. The revocation shall be sent to:

 BG Publishing & Merchandising GbR 
P. O. Box 21 04
47922 Grefrath
info@blind-guardian-shop.com

7.2  In the event of a valid revocation, both parties shall return received goods and services and hand 
      over any derived benefit (e.g. interest). 

7.3  If the Purchaser is unable to return the received goods/services in full or in part or can only return
them in a deteriorated condition, he shall provide BG with value compensation. In case of surrender
of the goods, this does not apply if such deterioration results exclusively from inspection and
testing of the goods as would have been possible in the retail shop. Apart from that, the Purchaser
can only avoid his obligation to compensate if he does not treat the goods as being fully owned and
refrains from doing anything that adversely affects their value. The provisions of this paragraph do
not apply if the goods delivered do not comply with the goods ordered or are defective.

7.4  Goods capable of parcel delivery must be sent back to BG at BG’s risk. Regular return
       consignment costs shall be borne by the Purchaser unless the goods delivered do not comply
       with the goods ordered or are defective. As far as the order value exceeds EUR 40.00 and the
       Purchaser is a Consumer, BG shall reimburse the cost of return consignment to the Purchaser.
       Goods not capable of parcel delivery shall be collected from the Purchaser at his request.
       Reimbursement of payments shall take place within 30 days. For the Purchaser, the time limit
       begins upon posting of his revocation. For BG, the time limit begins upon receipt of the
       revocation.  

   7.5 There is ni right of revocation in case of contracts with Purchasers who are not Consumers.
      Furthermore, the right of revocation shall not apply in case of contracts regarding the delivery
      of audio or video recordings (e.g. CDs, video tapes, DVDs) or software unsealed by the Purchaser
      and in case of services (e.g. software to download) transmitted online. Furthermore, there is no
      right of revocation with respect to goods manufactured according to customer’s specification or
      unequivocally tailored to personal needs or to goods whose nature makes them unsuitable for
      return (e.g. sealed goods following removal of the seal). Apart from that, § 312b section 3 and
      § 312d section 4 BGB (German Civil Code) are applicable. 

7.6  In the event that revocation is ruled out, the Purchaser shall bear the cost of renewed shipment
of goods that he has returned to BG. The same applies if the Purchaser returns the goods
to BG following expiration of the revocation deadline or the return consignment deadline for goods
pursuant to section 7.1.

§ 8  Warranty for defects  

8.1  BG shall provide compensation for defects of the sales item that already existed at the time
when the goods were handed over. At Purchaser’s option, this compensation shall consist
in either subsequent improvement or replacement delivery. If subsequent improvement or
replacement delivery fails, the Purchaser is entitled to demand – at his option – either reduction
of the remuneration or cancellation of the contract. Subsequent improvement or replacement
delivery is deemed to have failed e.g. after two unsuccessful attempts to remove the defect.

8.2  BG shall be notified of apparent defects in text form within a period of two weeks following
       receipt of the goods; otherwise, the assertion of warranty claims shall no longer be possible.
       To observe this time limit, posting the notice of defects in due time shall be sufficient. The
       burden of proof lies with the Purchaser.

8.3  If the Purchaser is a businessman, he is under an obligation – deviating from section 8.2 – to
       check immediately after delivery whether the delivered goods are free of defects and complete,
       and to notify BG of any identified defect without delay. If the businessman fails to inspect the
       goods or give notice of defects in due time, the delivered goods shall be deemed as approved
       unless the defect was not recognisable in the context of the inspection. Defects identified at a
       later point in time shall likewise be notified to BG without delay; otherwise, the goods shall be
       deemed as approved in respect of these defects as well. The notice of defects must be made in
       writing on a durable data storage medium and give a detailed description of the reported defect.
       Apart from that, §§ 377 et seq. HGB (German Commercial Code) apply accordingly.

8.4  Once supplementary performance by means of replacement delivery has occurred, the Purchaser
       is under an obligation to return the initially delivered goods to BG at his expense within 30 days.
       Return consignment of the defective goods must comply with the statutory provisions under
       §§ 439 section 4, 346 to 348 BGB (German Civil Code). BG reserves the right to claim damages
       in line with statutory requirements.   

8.5  Warranty claims shall come under the statute of limitations in accordance with statutory provisions.
Unless stipulated otherwise below, more far-reaching claims of the Purchaser – on whatever
legal grounds – shall be ruled out. Cession or transfer of the Purchaser’s warranty claims shall be
ruled out. 
 

§ 9  Transport damage  

9.1  If the Purchaser detects damage to the packaging upon receipt of the goods, he shall have
this damage confirmed in writing by the shipping company upon acceptance of the goods and notify
BG of the damage.

9.2  BG must likewise be notified of transport damage that is not detected until the goods have been
unpacked. 
 

9.3  If the Purchaser is a Consumer, section 8.2 shall apply accordingly; if the Purchaser is a
businessman, section 8.3 shall apply accordingly. If the Purchaser does not meet his notification
obligation under sections 9.1 and 9.2, the assertion of warranty claims on the basis of defects
attributable to inadequate transportation (transport damage) shall be ruled out. 
 

§ 10  Liability  

10.1  Subject to the following regulations, BG shall be liable to pay unlimited damages only in the
  event of wilful misconduct or gross negligence. In particular, BG shall not be liable for damage
  that does not affect the delivery item itself, for lost profits or other pecuniary losses on the part
  of the Purchaser. 
 

10.2   In case of slightly negligent infringement of essential duties, the amount of BG’s liability shall
be limited to the typically foreseeable damage. The typically foreseeable damage shall not exceed
twice the order value under the contract underlying the loss event.

10.3   The aforementioned exemptions from liability and limitations of liability do not apply to cases of
liability regardless of negligence or fault, in particular under the Product Liability Act. They do
not apply either in the event of liability for initial incapacity and in the event of damage consisting
in the loss of life, bodily harm or damage to health. 
 

10.4   As far as liability by BG is ruled out or limited, this also applies to BG’s liability for any breach
of duty committed by its auxiliary persons. The same applies to the personal liability of employees,
representatives and auxiliary persons.  
 

§ 11   Data protection 

11.1    BG will store the personal data collected from the Purchaser for the purpose of processing
in automated procedures. BG will use this information for the purpose of executing orders,
delivering goods and rendering services as well as for communication with the Purchaser.
BG will also use this information to maintain and update the Purchaser’s customer account.

§ 12   Final provisions 

12.1   German law excluding the UN Convention on Contracts for the International Sale of Goods shall
be applicable. 

12.2   Should a provision of these Terms and Conditions be or become ineffective in part or in full, the
legal effectiveness of the remaining provisions and the contract itself shall remain unaffected.
The contracting parties are under an obligation to replace the partially or entirely ineffective
provision with an effective one that comes as close as possible to the commercial purpose of
the completely or partially ineffective provision. 
 

12.3   If the Purchaser is a merchant (“Kaufmann”) within the meaning of HGB (German Commercial
Code), a legal entity under public law or a separate estate under public law, the exclusive legal
venue for any arising dispute shall be the court competent for BG’s registered office. The
same applies if the Purchaser does not have a place of general jurisdiction in Germany.