Bastard Productions GMBH
Chamber of Commerce No. HRB 22043
Art. 1 Definitions
The following terms are defined for the application of these general terms and conditions as follows:
Copper :
Pursuant to the amended Opium Act as of 1 March 2015, Bastard Productions only supplies buyers who have explicitly stated that they use the goods differently than for offenses established in accordance with the Opium Act.
With the amendment of the law of 1 March 2015, Article 11 of the Opium Act makes the preparation or facilitation of professional hemp cultivation and other punishable conduct with regard to large quantities of hemp punishable.
Bastard Productions, user of these general terms and conditions, with registered office in Stolberg at Eschweilerstraat 157c,
Agreement :
Every purchase and sale agreement concluded between the Buyer and Bastard Productions with regard to the items offered by Bastard Productions in the context of its normal business operations,
Conditions :
The general sales and delivery conditions of Bastard Productions.
Art. 2 Applicability Conditions
These Terms and Conditions form part of every offer, quotation and every Agreement and apply to all deliveries and other services carried out under an Agreement.
Additional and / or deviating terms and conditions of the Purchaser – including purchasing terms and conditions – are not part of the Agreement and do not bind Bastard Productions, unless the parties have expressly agreed so.
If these Terms and Conditions are changed in the meantime, the amended version of these Terms and Conditions will form part of every Agreement concluded between the Buyer and Bastard Productions, unless the Buyer expressly declares in writing that he does not agree with the changes within seven days after receiving the amended Terms and Conditions. to go.
Art. 3 Realization Agreement
Quotations and offers from Bastard Productions are entirely free of obligation unless explicitly stated otherwise.
An Agreement is formed by an order placed by the Buyer with Bastard Productions and the acceptance by Bastard Productions of this order. By placing an order, the Buyer accepts the applicability of the Terms and Conditions. An order from the Buyer is considered accepted by Bastard Productions, if Bastard Productions does not inform the Buyer within two weeks that it will not accept the order.
The buyer has the right to terminate the concluded Agreement without giving any reason during a period of 5 working days. This should only be done by e-mail.
Art. 4 Force majeure
In the event that, due to force majeure, delivery of the goods ordered is impossible, Bastard Productions will be released from its obligations under the Agreement. In the event of a delay in delivery due to force majeure, Bastard Productions is relieved of its obligations to deliver within the specified delivery time.
Force majeure is also understood to mean a circumstance over which Bastard Productions has no influence or can reasonably have influence.
The Buyer is only entitled to dissolve, insofar as the agreement cannot be executed, or it has been established that compliance is not possible within two months.
In the event of force majeure, the buyer cannot claim compensation from Bastard Productions for the damage he has suffered.
Art. 5 Liability
Bastard Productions is not liable for damage suffered by the Buyer or any third party as a result of shortcomings in the goods delivered by Bastard Productions.
Bastard Productions is not liable for any damage that the Buyer or any third party has suffered as a result of incorrect, late or timely delivery by Bastard Productions.
The liability of Bastard Productions with regard to the delivered goods from the Agreement is maximized to the amount for which the items from the Agreement are transferred.
Unless otherwise specified, all legal claims against Bastard Productions are subject to a limitation period of one year from the date of the conclusion of the Agreement.
Art. 6 Payment
Bastard Productions will invoice the amounts owed by the Buyer from the Agreement by means of a bill. The Buyer and Bastard Productions can agree to cash payment. Payment must be made to a bank or giro account indicated by Bastard Productions, without deduction or discount, in the manner and within the period stated on the invoice. If no period is specified, a payment period of ten working days applies.
Bastard Productions reserves the right to pass on price changes to the Buyer. Bastard Productions will explicitly notify the Purchaser of price changes that have occurred. The Buyer can dissolve the Agreement within five working days, after the price change has been expressly notified to the Buyer. Termination of the Agreement on the basis of changed prices must be submitted to Bastard Productions in writing or by e-mail.
If the Buyer moves and / or changes his invoice address, Bastard Productions must notify the new address in writing as soon as possible.
Bastard Productions has the right to demand payment in advance, cash or security for the payment of the Buyer.
Without the express permission of Bastard Productions, the Purchaser is not entitled to set off its payment obligations towards Bastard Productions against any claim of the Purchaser against Bastard Productions, for whatever reason.
In the event of late or late payment, Bastard Productions is entitled from the due date of the invoice, without prior notice or demand, to charge the Buyer an interest of 1% per month or part of a month in which payment is not made. Furthermore, Bastard Productions is entitled to charge the Buyer an amount of at least 15% of the outstanding principal sum as compensation for the judicial and extrajudicial collection costs incurred by Bastard Productions, without prejudice to Bastard Productions’ right to charge the actually incurred costs. to the Buyer.
As long as the Buyer has not fulfilled all his payment obligations towards Bastard Productions, for whatever reason, Bastard Productions is entitled to cease or suspend the agreed delivery of movable property. This suspension applies until the moment that the Buyer has already fulfilled obligations towards Bastard Productions.
Without prejudice to the provisions of this article, Bastard Productions is entitled to declare the Agreement dissolved in writing without prior notice of default in the event of non-payment, late payment, or improper performance of any other obligation incumbent on the Buyer, without prejudice to Bastard’s right Productions to demand compensation from the Buyer for damage suffered as a result of this termination.
Art. 7 Retention of title
As long as the Buyer has not fully complied with all his payment obligations towards Bastard Productions pursuant to an Agreement of delivery or provision of goods, including claims for failure to comply with such an Agreement, Bastard Productions retains the ownership of all the goods it has assigned to the Buyer delivered goods.
Art. 8 Warranty
All products, movable property offered by Bastard Productions are covered by the guarantees provided by the manufacturer of the items.
The guarantee is only valid if an original purchase invoice can be submitted.
Note: Light sources are consumables.
The manufacturers give no guarantee on the performance to be delivered and therefore there is no right to exchange or return for early failure of a light source.
Returns can only be made with non-ignited and originally packaged light sources.
Unless there is gross negligence or negligence, Bastard Productions is not liable for any consequential and / or business damage (caused by, among other things, improper use) or defective items.
Bastard Productions is not liable for any damage caused because the website or the store location is not available and / or not available for orders.
The Buyer is responsible for the choice, use and application of the ordered goods at Bastard Productions. Bastard Productions provides product information for the benefit of the Agreement as much as reasonably possible.
Art. 9 Delivery
Delivery can be sent and picked up. This is entirely according to agreement!
Art. 10 Complaints and returns
If the delivered goods are not in accordance with the Agreement, the Buyer must immediately, no later than within 8 working days after delivery, inform Bastard Productions by telephone and then confirm the substantiated complaint in writing within the stipulated period.
In the absence of the obligation to provide information on the part of the Buyer, any claim against Bastard Productions with regard to defects in the goods delivered and / or inaccuracies in the invoice will lapse.
After reporting the complaint described above, the Buyer will follow the instructions of Bastard Productions.
This too is entirely according to agreement with Bastard Productions.
Bastard Productions will, after receiving the returned goods, as soon as possible yet, in the correct manner, comply with the Agreement, subject to the possibility of compliance within the sphere of risk of Bastard Productions. If compliance is no longer possible, Bastard Productions will refund the payment made by the Buyer, subject to any damage to the returned items.
Art. 11 Risks
Destruction, loss, theft or impairment of what has been agreed at the risk of Bastard Productions until the moment of delivery, and at the risk of the Buyer after the moment of delivery.
The Buyer must inform Bastard Productions without delay if the goods are seized or if property rights of Bastard Productions are threatened in any other way. As long as the ownership of the goods rests with Bastard Productions, Bastard Productions is entitled to revoke the goods at the Buyer. The costs involved are for the account of the Buyer if this is within the risk of the Buyer. The Purchaser must grant Bastard Productions access to the location of the relevant items.
Art. 12 Applicable law
Bastard Productions is aware of the fact that the items offered in the normal course of business must be used for purposes within the legally permitted system with regard to cannabis and cannabis seeds. Bastard Productions hereby also wishes to indicate that the purpose of the destination for the agreed goods lies solely in the sphere of liability of the Buyer. The German legal system has its rules regarding cannabis and cannabis seeds. Bastard productions cannot reasonably be expected to take into account the differences between national regulations regarding cannabis and cannabis seeds.
Art. 13 Privacy statement
The “type” of personal data of the Buyer will be limited to what Bastard Productions deems necessary for the delivery of the goods, invoicing and other compliance obligations under the Agreement.
The personal data is collected to be able to deliver the Purchaser’s order. In case of doubt, an order will be verified by telephone in order to enable compliance, including invoicing, by Bastard Productions.
The address details are intended for the carrier of the agreed goods, to ensure the correct delivery. After the goods have been delivered and the Buyer has fulfilled its obligations, the personal data will be destroyed and only those data that are important for the accounting of Bastard Productions will be retained.
The e-mail address that the Buyer provides for the benefit of the Agreement, mailing list and / or competition is included in the mailing list of Bastard Productions.
If the Buyer does not wish this, the Buyer can deregister by sending an email to Bastard Productions.
The Buyer can only influence the mailing list by registering or deregistering.
Bastard Productions only has insight into the personal data that is sent via the regular e-mail. Only employees of Bastard Productions have access to this data.
The Buyer can request and / or change the data provided by Bastard Productions.
Art. 14 Disclaimer
Although Bastard Productions takes the utmost care with regard to the content of its website and the General Terms and Conditions, Bastard Productions accepts no liability for incompleteness or inaccuracy of the information, or for the consequences thereof. When using the hyperlinks (referral to other websites), Bastard Productions accepts no liability whatsoever for the information provided on these sites. Bastard Productions also accepts no liability for any damage that may occur as a result.