1. General

(1) Our sales, supplies and services to entrepreneurs within the meaning of § 14 German BGB are subject to our terms and conditions for dealer Customers. They apply to business owners and their agents, legal entities of public law and public-law special funds.

(2) Our Terms and Conditions apply exclusively. Divergenting agreements, particularly conflicting terms and conditions and additional agreements require our express written consent or a separate written agreement.

(3) These conditions also apply to all future transactions with the Customer, insofar as a related legal transaction is concerned. With the publication of these Terms and Conditions our old Terms and Conditions become invalid.

2. Commissions

(1) Our offers are subject to change.

(2) Orders are only binding for us if the Customer has received a written confirmation from us. Confirmation can also be through billing and delivery of goods.

3. Prices

(1) For our prices and discounts refer to our newest price lists or recent individual agreements.

(2) All prices are net excluding freight costs.

(3) We reserve the right for price corrections due to errors, due to price changes by our suppliers, or due to exchange rate changes, at any time and without notice.

4. Orders

With his order the Customer should always specify the Pegasus Customer number under which it is listed. Basically, we only deliver once a delivery value of EUR 100.00 is reached, unless we have agreed with the Customer otherwise. For deliveries less than EUR 100.00, we reserve the right to make a surcharge of EUR 5,00 in the invoice.

5. Delivery

(1) Place of performance is our corporate headquarters. Transportation and other packaging are not returnable.

(2) The delivery happens with the prices and conditions valid at the time of invoicing.

(3) Delivery dates and times are only binding if they are confirmed in writing by us. Incidentally, our stated delivery times are only approximate. Force majeure suspend the contractual obligations of the parties for the duration of the disturbance and the extent of its effect.

(4) Partial deliveries and invoices are permitted if acceptable.

(5) If we conclude a transport insurance upon request of the Customer, the Customer shall bear the costs incurred.

6. Backorders

The residues of an order are, unless otherwise agreed, scheduled for the next available appointment and need not be declared again in your next order. If a title is not available within three months, we reserve the right to remove the residue without notice.

7. Retention of Title

(1) The goods remain until full payment of all existing debts between us and the Customer our sole property (§ 449 German BGB), even if the specific purchase has already been paid.

(2) The redemption of the goods by us does not constitute withdrawal from the contract unless we have expressly confirmed in writing.

(3) The Customer is entitled to resell the goods in the normal course of business, but not to pledge or security assign to third parties. The Customer already now assigns the claims from the resale of the reserved goods to us, until all our claims in the amount of the agreed invoice amount (including VAT) are satisfied. The Customer remains entitled to collect the debt even after the assignment as long as we did not withdraw it. Our right to collect the debt ourselves remains unaffected. The Customer provides additional information to us upon our request, if available. However, we will not collect the debt as long as:

• the Customer meets his payment obligations,
• the Customer is not in default of payment,
• no request was made for opening of Customer’s insolvency proceedings, and
• the Customer continues his payments to us.

(4) In the event of attachments or other interventions of third parties, the Customer has to refer to the retention of title and to notify us immediately in writing. The same applies to deterioration and destruction of the goods. The Customer assigns any insurance claims to us already now.

(5) We undertake to release the securities due to us at the request of the Customer, if their value exceeds the secured claims by more than 20%.

(6) The Customer is obliged to handle the goods with care and to insure them against fire, water, and theft. He has to proof the existence of this insurance to us upon request.

8. Offsetting and Recoupment

The Customer has the right to offset only if his counterclaims have been legally established or are undisputed. The Customer is only allowed to exercise a recoupment, insofar as his counterclaim is based on the same contractual relationship.

9. Risk

With dispatching of the goods to the Customer, at the latest when they leave our warehouse, the Customer bears the risk of accidental loss or accidental deterioration. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs. Our warranty period is 12 months, if we are not to blame for intentional or grossly negligent behavior.

10. Payment

(1) For payment the following options are available: payment in advance, direct debit and cash on delivery. For foreigners, we must require advance payment.

(2) For payment by bank transfer within 8 days we grant - without prejudice to section 5 below - 3% discount.

(3) Payments in advance are to be directed to one of the following accounts:

Sparkasse Oberhessen

Routing number 518 500 79

Account 50 017 788

IBAN DE67518500790050017788
Swift BIC HELADEF1FRI
 

Commerzbank

Routing number 500 800 00

Account 33 326 800

IBAN DE49500800000033326800
Swift BIC DRESDEFF518
 

Postbank Frankfurt/M

Routing number 500 100 60

Account 656 825 609

IBAN DE53500100600656825609
Swift BIC PBNKDEFF

Foreigners can also pay by Pay Pal. Our address for such payments is: paypal@pegasus.de.

U.S. $ bills only please transfer to the following account (citing U.S. dollar account):

Sparkasse Oberhessen

Kaiserstr. 155, 61169 Friedberg, Germany

Bankcode: 51850079

BIC: HELADEF1FRI

via Clearing Bank:

Landesbank Hessen-Thueringen -Girozentrale-; Frankfurt

(Helaba Frankfurt)

SWIFT: HELADEFF

US-Correspondent bank of Helaba Frankfurt is:

Citibank N.A, NY (CITIUS33) Routing / ABA : 021000089

Beneficiary:

Firma Pegasus Spiele Verlags- u. Medienvert.Ges.mbH

Am Straßbach 3, D-61169 Friedberg, Germany                                        

USD - Account Number / IBAN: DE81 5185 0079 0250 0121 36

(4) For C.O.D shipments, we reserve the right to charge the Customer EUR 5.00 more. Then there are additionally the fees of the respective shipper. When selling abroad we do not do any C.O.D shipments.

(5) Discount will generally only be granted if all payment obligations from previous deliveries and services are fulfilled.

(6) We pass any debts that have not been paid after the second reminder automatically to a debt collection company.

(7) If several claims are open, we have the option to offset payments against the oldest debts together with ancillary debts.

(8) Exchange and checks are only accepted on account of performance. Any costs involved shall be borne by the Customer and will be due to the acquisition of the check or bill of exchange.

11. Overdue Interest

(1) If payment is delayed the overdue interest is at the rate of 8% above the then current base rate (“Basiszinssatz der Deutschen Bundesbank”). We reserve the right to claim further damages.

(2) We charge for each reminder a fee of EUR 5.00. The Customer is entitled to prove that no damage has been incurred or the damage is substantially lower.

12. Warranty

(1) Warranty claims expire 12 months after delivery of the goods supplied by us to the Customer, unless we are guilty of intent or gross negligence.

(2) The Customer has only warranty rights if he fulfilled his inspection and complaint obligations according to § 377 German HGB.

(3) Information in our information and promotional materials are not to be understood as guarantees for a particular quality of the delivered goods. Any such warranties are effective only if they are expressly agreed in writing.

(4) The Customer can only assert recourse claims under § 478 German BGB against us to the extent that he has not made warranty claims agreements with his customers exceeding the mandatory statutory.

13. Liability

Our liability is restricted to the following cases:

• In case of injury to life, body, and health, based on a negligent breach of duty by us or an intentional or grossly negligent breach of duty by our legal representatives or agents,
• For other damages based on an intentional or grossly negligent breach of duty by us or one of our legal representatives or agents,
• Breach of essential contractual obligations.

The damage must be in all cases foreseeable. If we pay compensation for damages this does not include the lost profits.

14. Complaints

(1) Complaints must be sent by the Customer, unless otherwise agreed, for obvious defects within 8 days of receipt of goods in writing or by telephone, in case of hidden defects within 8 days after discovery of the defect. This also applies for the case of a right of recourse according to § 478 German BGB.

(2) Complaints will be handled as follows, unless otherwise agreed: the Customer asks us for a return slip with return authorization number, which he completes after receipt and returns to us.

(3) In case of justified complaints you receive at our discretion free replacement or credit. Should a replacement be not possible, the Customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the payment. In case of withdrawal of goodwill or of an unauthorized return shipment, we reserve at our discretion, an administrative fee of up to 10% or a credit line with the current market value. We estimate the current market value with the best of our knowledge and belief,

(4) Customer's claims necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded to the extent that expenses are increased because the delivered goods are subsequently transported to a place other than the premises the Customer has been transferred, unless the transfer is in accordance with its intended use.

15. Returns

(1) We only accept returns that legibly marked with the authorization number on the outside of the package. Freight collect returns will not be accepted.

(2) We can credit only goods that have been purchased from us if they are undamaged, without a price label and in their original packaging.

(3) We also do not credit goods that were not listed on the return form.

16. Book Pricing

The price-binding for all of our price-bound book products is automatically repealed according to § 8 German PreisbindungsG in the following  cases:

• first appearance dates back longer than 18 months, and
• books that are offered the in our webshop www.pegasusshop.de at a discounted price (red sales price) or are not displayed at all (ie, are out).

17. General

(1) The invalidity or incompleteness of one of the above clauses does not invalidate the remaining provisions.

(2) The exclusive place of jurisdiction is our headquarters. However, we are entitled to sue the Customer at his place of jurisdiction.

(3) Alterations and additions to a contract with the Customer must be made in writing. This also applies to changes to this written form clause. Oral side agreements have not been made.

(4) The law of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG) applies.