Contact & Imprint
Contact
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Legal website operator identification
Titus Sound
Dominic Titus
Bacherstr. 36
81539 Munich
Germany
Telephone: +49 (0) 151 1780 68 66
E-Mail: info@titus-sound.com
VAT identification number pursuant to § 27a German VAT Act (UStG): DE273591035
Responsible for content pursuant to § 18 (2) MStV: Dominic Titus (address as above)
Competent supervisory authority for audiovisual media services
Bayerische Landeszentrale für neue Medien (BLM)
Heinrich-Lübke-Str. 27
81737 München
Internet: https://www.blm.de/
Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
General Terms & Conditions — Rental & Service
1. General
1.1. These terms and conditions are binding for all business relationships and legal transactions with Titus Sound – Dominic Titus, Bacherstr. 36, 81539 Munich, Germany (TS) (the lessor). Deviating conditions of the lessee/customer are not valid. All rental items remain the property of TS.
1.2. The following general rental conditions form part of all rental contracts as well as rental offers from TS and apply in their respectively valid form to all future contracts with the lessor. The lessor’s contractual partner (contractor) is hereinafter referred to as the “lessee”.
1.3. Agreements deviating from these general rental conditions require the express written confirmation of the lessor. Conflicting terms and conditions of the lessee are expressly rejected.
1.4. The lessor’s offers are subject to change unless expressly designated as binding. A contract is only concluded upon the signing of a binding offer that has not been altered by the lessee and its timely receipt by the lessor (within the validity period). A contract is also concluded through a written order confirmation or through the provision of the rental item by the lessor or the commencement of the services.
1.5. Offers, concepts, material lists, technical sketches, plans and other prepared content are subject to copyright. Disclosure to third parties is only permitted with the written consent of the lessor; violations may result in criminal consequences.
1.6. The lessee consents to the storage of relevant data by the lessor. This data will not be passed on to third parties.
2. Rental Item / Services
2.1. The subject of the contract are the individual devices and systems listed in the order confirmation or delivery note for rental or for sale/consumption and/or commissions for work as a technician and/or other services.
2.2. The lessor reserves the right to replace the devices mentioned therein with other devices of equal function.
3. Rental Period and Rental Fee
3.1. The rental period is calculated by days (12:00 noon to 12:00 noon the following day). Partial days count as full days unless otherwise agreed (verbal agreements require written form). The minimum rental period is one day. The rental period begins on the agreed day of provision or the time of dispatch from the lessor’s warehouse and ends at the time of return to the warehouse agreed in the order or delivery note.
3.2. The rental fee is based on the respectively valid price list and must be paid regardless of whether the devices were actually used. An early return of the devices does not result in any reduction of the rental fee.
4. Shipping and Transfer of Risk
4.1. The shipping / transport of the devices is carried out at the cost and risk of the lessee via the shipping method chosen by the lessor, unless the lessee expressly specifies a particular shipping method. The costs of transport insurance taken out at the lessee’s request are borne by the lessee.
4.2. The transfer of risk takes effect from the lessor’s warehouse, even if transport is carried out by the lessor.
4.3. By accepting the devices, the lessee confirms their flawless condition, function and completeness. Any necessary and/or requested accessories are included. The lessee has the opportunity to check this up to the time of the transfer of risk.
4.4. If a defect is not recognizable upon handover or if a defect only appears later, the lessee must notify the lessor immediately upon discovery. Otherwise the condition of the rental items is deemed to be free of defects.
5. Use of the Rental Item
5.1. The lessee undertakes to handle the rental item carefully and appropriately. All obligations associated with the possession, use and preservation of the rental item must be observed. The maintenance, care and usage recommendations of the lessor must be followed. The lessee confirms that they or a person commissioned by them is familiar with the proper use of the rental item. In particular, the relevant regulations for events must be observed (e.g. accident prevention regulations, employers’ liability insurance association regulations, assembly venue regulations, etc.).
5.2. Unless the lessee has booked service personnel, the lessee must carry out all necessary care and maintenance measures professionally and at their own expense.
5.3. The lessee must ensure an uninterrupted power supply. The lessee is liable for damage resulting from power failures, interruptions or fluctuations. A power distribution installed by the lessor does not release the lessee from this liability.
5.4. The rented devices are and remain the property of the lessor. The lessee is obliged to secure the rental items against loss and damage. Subletting of the devices is only permitted with written approval. The lessee must keep the devices in their direct possession and only use them at the agreed locations.
5.5. The serial numbers, manufacturer plates or other identifying marks attached to the rental item may not be removed, covered or defaced in any way. The lessee enables the lessor to inspect the devices at any time.
5.6. Sale and pledging is prohibited. The lessor must be informed immediately of any seizure, claims by third parties or loss. Any resulting intervention costs are borne by the lessee.
6. Liability of the Lessee
6.1. The lessee is liable for all damage (e.g. loss, theft, defects caused, transport damage, personal injury, fire and water damage, faulty power supply, weather, soiling, etc.) to the rental item that arises during the rental period to the rental equipment and accessories through them – even without their own fault –, their guests or third parties. The lessee also bears the damage of accidental damage as well as damage due to force majeure.
6.2. In the event of total loss or disappearance, the lessee must, regardless of the current market value, replace the replacement value plus procurement costs, regardless of whether they are personally responsible for the damage.
6.3. Should the rental item or part of it be stolen, the lessee is obliged to immediately file a police report and notify the lessor.
6.4. Speakers, lamps, styli, audio and video heads are charged to the lessee at cost price if returned defective.
7. Insurance / Permits / Legal Provisions
7.1. The lessee is obliged to properly and adequately insure the risk generally associated with the respective rental items (loss, theft, damage, liability).
7.2. Obtaining the necessary permits, concessions, GEMA registrations, building inspections, etc. as well as bearing their costs are the responsibility of the lessee.
7.3. The lessee ensures compliance with all legal regulations. We point out that the operator of an event venue must, in accordance with the assembly venue regulations, appoint an appropriately qualified person responsible for event technology. This is not automatically provided by the lessor, even if the lessor deploys service personnel.
8. Liability of the Lessor, Damages
8.1. The lessor is only liable for the functional condition of the devices up to the time of the transfer of risk.
8.2. The lessor is only liable for delayed or non-performance as well as for property, personal or financial damage that may arise from the rental use in cases of intent and gross negligence.
8.3. Liability of the lessor for damage in the event of exceeding permissible volume levels is excluded.
8.4. Liability for consequential damage resulting from a performance disruption is excluded, as is liability for malfunction of the rental item when coupled with third-party equipment.
8.5. The lessee is obliged to cooperate within their means in the event of performance disruptions and to keep any damage to a minimum. Any defects in the rental equipment must be reported to the lessor immediately. The lessor must then be given the opportunity to remedy the defect in the rental equipment or to provide other, similar rental equipment. If the lessee fails to report a defect immediately, there is no entitlement to a reduction.
8.6. Performance disruptions do not release the lessee from compliance with the obligations assumed in the rental contract, in particular the payment of the rental price.
8.7. If the lessee has processed the rental item or made changes, a warranty for defects in the rental item is excluded. If the rental item is inspected at the lessee’s request and no defect in the rental item is found, the lessee must reimburse the lessor for the expenses incurred as a result.
8.8. The lessee undertakes to indemnify the lessor from all claims by third parties that are raised against the lessor on the occasion of or in connection with the rental of devices. The lessor’s claim for indemnification against the lessee also includes the costs incurred by the lessor for defending against third-party claims.
8.9. A justified claim for damages by the lessee is limited in amount to the rental price. Further claims by the lessee beyond this are excluded.
8.10. All liability limitations of the lessor also apply to third parties. Damage settlements are made exclusively under the conditions of the lessor.
9. Services
9.1. Should the contract include services such as set-up, technicians and/or other personnel, dismantling, delivery, etc., the following agreements also apply:
9.2. The lessee must ensure unproblematic access and delivery options for the respective necessary means of transport. Likewise, the corresponding parking facilities must be made available for the duration of the contract. All incurred costs, even if they are advanced unrequested by the lessor, are borne by the lessee.
9.3. Catering for the personnel must be ensured by the lessee. Should this not be the case, a catering flat rate of €20 per person per day will be charged.
9.4. If a flat daily rate is set for the personnel, this is understood for a period of up to a maximum of 10 hours. If overtime is incurred beyond this, it is calculated at 1/10 of the daily rate plus an overtime surcharge.
9.5. The lessee must ensure the monitoring and securing of the rental material and the personnel throughout the entire period. This also applies to set-up, rehearsal, event and dismantling times, idle times and at night. The lessor’s personnel expressly do not assume this monitoring.
9.6. The lessee assumes full responsibility for the attachment points assigned to the lessor for erecting hanging constructions, even if these were assigned to the lessee by third parties. The lessee is liable for any damage caused by insufficient load-bearing capacity.
9.7. The lessee provides a competent contact person authorized to issue instructions throughout the entire project period.
9.8. Installation and operation of the devices are carried out according to local conditions, technical possibilities and the instructions of the management of the event venue. Promised set-up and dismantling times are only approximate.
9.9. If services are carried out outside a radius of 50 km from the lessor’s location, overnight accommodation for each person must be provided as needed (single rooms).
10. Cancellation / Termination
10.1. The lessee has the right to cancel a rental order in writing in accordance with the following regulations (cancellation). The cancellation requires written form to be effective.
10.2. In the event of cancellation within two days before the start of the rental, the full amount of the remuneration is agreed. In the event of early cancellation, however, this is reduced as follows:
— up to 30 days before rental start: 20% of total remuneration
— up to 14 days before rental start: 30% of total remuneration
— up to 7 days before rental start: 40% of total remuneration
— up to 2 days before rental start: 50% of total remuneration
10.3. The receipt of the cancellation letter by the lessor is decisive for the time of cancellation.
10.4. The contract can be terminated by the lessor without notice if the economic circumstances of the lessee have significantly deteriorated, if the lessee uses the rental items in breach of contract, if the lessee is in default with the payment of the rent, or if force majeure occurs that makes performance by the lessor impossible.
11. Delivery
11.1. The agreement of a rental date is subject to the proviso of timely delivery possibility. If compliance with the rental date becomes impossible due to circumstances for which the lessor is responsible, the lessee can withdraw from the contract. The assertion of claims for damages is excluded.
11.2. Partial deliveries and partial performances are permitted.
11.3. Unforeseen events for which the lessor is not responsible, regardless of whether at the lessor or its suppliers, such as strikes, lockouts, accident damage, operational disruptions, official orders, difficulties in procuring materials, etc., entitle the lessor, excluding claims for damages by the lessee, to withdraw from the rental contract or to postpone the start of the rental period by the duration of the hindrance.
12. Return of the Rental Item
12.1. The lessee must return the rental equipment to the lessor immediately after the end of the rental period at their own cost and risk.
12.2. The rental items must be returned complete, orderly and in clean condition. The obligation to return also extends to defective rental accessories.
12.3. If the arrival of the devices at the lessor is delayed beyond the originally intended rental period, the rental price is recalculated accordingly. For each day started, a full day’s rent is charged according to the current price list. In the event of late return, the lessee must also compensate the lessor for any resulting damage.
12.4. If the rental item is not returned in proper condition, the lessee must, notwithstanding further claims for damages, pay the lessor the full rental price for the time required for maintenance.
12.5. If the lessee waives participation in the inventory of the rental item upon return, they acknowledge the inventory prepared by the lessor.
12.6. By taking back the rental item, the lessor does not confirm that it was handed over free of defects. The lessor reserves the right to a detailed inspection within five working days.
13. Payment Terms, Default of Payment
13.1. In principle, the rental fee is due when the rental item is handed over to the lessor. Invoices are, unless otherwise agreed, payable immediately upon receipt without deduction.
13.2. For a rental period of more than 7 days, the lessor is entitled to issue interim invoices, even if this was not expressly agreed.
13.3. The lessor is entitled to demand a deposit and advance payment at their discretion from the lessee, even if this was not expressly agreed.
13.4. Default occurs after the due date without further reminder.
13.5. In the event of default of payment, the lessor is permitted to prohibit further use of the rental item and to demand its immediate return.
13.6. In the event of default of payment, the lessor is entitled to demand reminder fees to cover expenses and effort as follows: 1st reminder €5.00, 2nd reminder €7.50, 3rd reminder €9.00; in addition, the lessor may demand default interest on the amount due.
13.7. The lessee can only offset against the lessor’s claims or exercise a right of retention if the counterclaim is undisputed or has been legally established.
14. Miscellaneous / References and Links Disclaimer
14.1. We hereby expressly declare that at the time the links were set, no illegal content was recognizable on the linked pages. TS has no influence on the current and future design, the content or the authorship of the linked/connected pages.
14.2. For content beyond this and in particular for damage arising from the use or non-use of such information presented, the provider of these pages is solely liable, not the party who refers to the respective publication via links.
14.3. We use links only to give our visitors the opportunity to obtain further information. However, this does not mean that we recommend the corresponding external pages or adopt the content presented there as our own. This disclaimer is part of our internet offering from which reference is made to this. Should parts or individual formulations of this text not, no longer or not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.
General Terms & Conditions (Sales)
§1 Scope
(1.1) The following General Terms and Conditions apply to all contracts, deliveries and other services between the customer and Titus Sound – Dominic Titus, Bacherstr. 36, 81539 Munich, Germany (hereinafter referred to as TS).
(1.2) Deviating provisions of the customer only apply if these are expressly and individually acknowledged in writing by the seller.
§2 Offer and Conclusion of Contract
(2.1) Our offers and price quotations are non-binding. Deviations and technical changes in form, color and/or weight compared to our illustrations or descriptions remain reserved within reasonable limits.
(2.2) The purchase contract is only concluded through our order confirmation, after checking all details, not through the order confirmation email automatically generated by the server.
(2.3) By telephone or in writing, the customer submits their binding offer to the seller for the conclusion of a purchase contract.
(2.4) A purchase contract for the product(s) ordered by the customer is only concluded when the seller confirms with a second email that the ordered product(s) is/are ready for collection, the dispatch to the customer is confirmed by separate email, or the acceptance of the offer is declared to the customer in another way (order confirmation or advance invoice).
(2.5) By placing an order, the buyer expressly acknowledges the validity of these terms and conditions.
§3 Product Characteristics
(3.1) The illustrations shown on the seller’s website sometimes contain, in addition to product images, other items (such as accessories and decorative elements) that are not the subject of the order/purchase contract. The product description alone is decisive for the essential characteristics of the service to be provided.
(3.2) Insignificant color and dimensional deviations that are reasonable for the buyer are permissible.
(3.3) Our products are not components of the vehicle. The fastenings serve only to secure them in the vehicle.
§4 Prices and Costs
(4.1) The price quotations are final prices for delivery within Germany.
(4.2) All our prices include VAT at the respectively legally stipulated rate.
(4.3) Packaging costs and delivery costs within Germany are stated separately for the item. The price also does not include costs for assembly and other agreed ancillary services for the ordered product(s). The customer must commission and pay for these services separately.
§5 Payment Terms
(5.1) Payment is generally made according to the customer’s choice in accordance with the payment terms set by TS at the time of ordering.
(5.2) The purchase price and prices for ancillary services are to be paid in advance after receipt of the invoice for delivery by freight forwarder or post.
(5.3) For collection, only cash payment is accepted.
§6 Delivery, Assembly and Delivery Delay
(6.1) Delivery takes place after full payment of the goods to the delivery address specified by the customer by post or freight forwarder, or assembly takes place at the works.
(6.2) The delivery dates or deadlines are exclusively non-binding information. The delivery time is up to 5 days. We point out any deviating delivery times on the respective product page.
(6.3) Goods suitable for parcel shipping are delivered after receipt of payment without prior notice. Collections are generally only made by appointment.
(6.4) If the seller determines during processing of the order that a product ordered by the customer is unavailable because the seller is not supplied by their supplier through no fault of their own despite the supplier’s contractual obligation, the seller is entitled to withdraw. In this case, the customer is informed by email that the ordered goods are unavailable. Any payments already made by the customer are refunded immediately.
(6.5) If the impossibility of delivery is due to the inability of the manufacturer or our supplier, both the seller and the buyer can withdraw from the contract. If the seller culpably fails to meet a deadline expressly agreed as binding, or if the seller is in default for another reason, the customer must set them a reasonable grace period to render their performance. If the seller allows this grace period to expire fruitlessly, the customer is entitled to withdraw from the purchase contract.
(6.6) If the performance owed by the contractor is delayed by force majeure, lawful strike, no-fault inability on the part of the contractor or one of their suppliers, or unfavorable weather conditions, the agreed delivery period is extended by the duration of the delay.
(6.7) The seller is entitled to partial deliveries and partial performances at any time, provided this is reasonable for the customer and appears advantageous for a swift processing.
(6.8) If the customer has commissioned the seller with the assembly of a product, the ordered product is assembled by TS or a third party commissioned for this purpose. The customer must inform the seller of any special features for the assembly of the product(s) at the latest when ordering the assembly service.
§7 Transport Damage
If goods are delivered with obvious damage to the packaging or contents, please have this confirmed by the carrier/driver on the delivery protocol. In the case of more serious damage, please refuse acceptance of the pallet/parcel. In the event of transport damage, it is otherwise only very difficult to obtain insurance compensation. A photo of the damaged parcel/goods, which you can send us by email, is advantageous. Please notify us of the damage as soon as possible by email at info@titus-sound.com. If the customer is acting as an entrepreneur, § 377 of the German Commercial Code (HGB) applies with regard to the inspection standard.
§8 Retention of Title
Delivered goods remain the property of the seller until full payment of all claims arising from this contract.
§9 Right of Withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.
Right of withdrawal: You can withdraw your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or – if the item is provided to you before the deadline expires – by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB as well as our obligations pursuant to § 312e (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the withdrawal or the item is sufficient to comply with the withdrawal period. The withdrawal must be addressed to: info@titus-sound.com
Consequences of withdrawal: In the event of an effective withdrawal, the services received by both parties are to be returned and any benefits drawn (e.g. interest) surrendered. If you cannot return the received service in whole or in part or only in a deteriorated condition, you may have to compensate us for the loss of value. This does not apply to the transfer of items if the deterioration of the item is exclusively due to its inspection – as would have been possible for you, for example, in a retail store. Otherwise, you can avoid the obligation to pay compensation for value for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from anything that impairs its value. Items suitable for parcel shipping are to be returned at our risk. You have to bear the costs of return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of €40, or if, in the case of a higher price of the item, you have not yet rendered the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free of charge for you. Items not suitable for parcel shipping will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration or the item, for us with its receipt.
End of withdrawal instruction. Exclusion of the right of withdrawal: The right of withdrawal does not exist 1. for distance contracts for the delivery of audio or video recordings or software, provided the delivered data carriers have been unsealed by you.
§10 Warranty
(10.1) Upon arrival or assembly, the customer must immediately inspect the goods in the presence of the delivering driver or fitter for obvious (transport) damage. Obvious transport damage must be reported immediately to the driver and recorded by them in writing. Likewise, the customer must notify the seller immediately of transport damage. If the flawless acceptance has been confirmed by the customer’s signature, an obvious transport damage can no longer be asserted at a later date.
(10.2) If the goods have defects, the statutory claims for defects can be asserted.
(10.3) Defects must be documented by the customer using a digital or printed photo and sent to TS by email, fax or letter.
(10.4) The customer initially has the choice of whether subsequent performance should be by repair or replacement delivery. However, the seller is entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During subsequent performance, the customer is not entitled to reduce the purchase price or withdraw from the contract. If the seller has attempted the repair twice in vain, it is deemed to have failed. If the repair has failed, the customer is entitled, at their choice, to reduce the purchase price or withdraw from the contract.
(10.5) Natural wear and tear or insignificant deviations in color, dimensions and/or other quality and performance characteristics as well as minor differences between the goods and the presentation on the website do not trigger any warranty rights.
(10.6) In the case of easily manageable or reasonable damage, the customer must repair the goods themselves with the spare parts sent by us.
§11 Applicable Law
The law of the Federal Republic of Germany applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.