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General Terms

General Terms and Conditions

for the online store at the URL https://shop.gutmann-events.de/

operated by

Gutmann Events GmbH & Co. KG Leo-Wohleb-Str. 1
79098 Freiburg im Breisgau E-Mail:
info@gutmann-events.de Telephone number: 0761 383 77-901
 
- in the following: Provider -

1. Scope of application

These General Terms and Conditions (GTC) apply after their inclusion to all contracts for the purchase of goods, services or other goods (hereinafter "goods") in the online store at the above URL in the version valid at the time of the conclusion of the contract. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.

2. Conclusion of contract

2.1 The offers in the online store represent a non-binding invitation by the provider to online store visitors to submit an offer to purchase the goods offered in the store.
 
2.2 The goods are ordered via the provider's online order form. After selecting the desired product(s), entering all mandatory information requested and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the bottom of the checkout page (order). By placing an order, the customer submits a binding contractual offer to purchase the selected product(s). The contract is concluded when the provider accepts the customer's offer. Acceptance takes place when the provider confirms the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and this order confirmation is received by the customer or by delivering the ordered goods and these goods are received by the customer or by requesting payment from the customer (e.g. invoice or credit card payment in the order process) and the customer receives the payment request; the time of conclusion of the contract is decisive in this respect.
 
2.3 The time at which one of the alternatives mentioned in the first half-sentence occurs for the first time is decisive for the time of conclusion of the contract.
 
Before binding submission of the order via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other input functions available. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other input functions available.
 
2.4 The provider will save the text of the contract after the contract has been concluded and send it to the customer in text form (e.g. by e-mail). The provider will not make the contract text accessible beyond this. If the purchase has been made via a customer account in the online store, the customer can view his orders and the associated order data there.
 
2.5 The following languages are available for the conclusion of the contract: German, English, French

3. Right of withdrawal for consumers

Consumers are generally entitled to a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. Details can be found in the cancellation policy, which is made available to every consumer at the latest immediately before the contract is concluded.

4. Payment, default

The prices listed in the online store at the time of ordering shall apply. All prices are inclusive of VAT and plus any shipping costs listed. The customer is informed about the available payment options in the provider's online store.
 
If "advance payment" has been agreed, the purchase price is due immediately after conclusion of the contract.
 
If payment by credit or debit card has been agreed, the purchase price is due immediately after conclusion of the contract.
 
If payment via "PayPal" has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
 
If Giropay has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany.

5. Retention of title

The purchased goods remain the property of the supplier until the purchase price has been paid in full.

6. Delivery and reservation of self-delivery

Unless otherwise agreed, delivery shall be made within the delivery time specified in the online store to the delivery address specified by the customer. The applicable delivery times can be found in the online store.
 
Self-collection of the purchased goods is excluded.
 
If the supplier is unable to deliver the ordered goods because it has not been supplied itself through no fault of its own, even though it has concluded a congruent covering transaction with a reliable supplier in good time, the supplier shall be released from its obligation to perform and may withdraw from the contract. The supplier is obliged to inform the customer immediately of the impossibility of performance. Any payments already made by the contractual partner shall be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of statutory liability for defects shall apply.

8. Refund in case of no-show

Your booking is binding. If you are unable to attend (for whatever reason), 75% of the amount you have paid will be refunded. It is irrelevant whether the cancellation is already known in advance of the festival or only on the first day or evening of the festival you have booked. Discounts from competitions, partner promotions, etc. are not taken into account, with the exception of monetary discounts such as gift vouchers purchased in advance. All visitors who have not redeemed their tickets purchased in advance for admission wristbands etc. by 5 p.m. on the last booked festival day are deemed to be unable to attend and not present at the festival.

Partial payments are not possible, e.g. an arrival on Saturday does not entitle the holder to a refund of a ticket for Friday, etc. Exceptions to this are bookings for several people on one invoice where tickets are not collected on a pro rata basis. In this case, a refund of 75% will be made for the part of the booking for which no tickets were collected. This rule does not apply to hotel bookings or other costs incurred by you in connection with the festival (such as travel, postage, etc.). The prerequisite for a refund is notification in writing (by e-mail or letter) within 30 days of the end of the festival to Gutmann Events GmbH & Co. KG.; Leo-Wohleb-Str. 1; 79098 Freiburg; info@gutmann-events.de

9. Liability

9.1 The provider is liable without limitation
 

  • for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
  • for damages caused by an intentional or grossly negligent breach of duty by the provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
  • on the basis of a guarantee promise, insofar as no other provision has been made in this respect;
  • on the basis of mandatory liability (e.g. under the Product Liability Act)

 
9.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
 
9.3 In all other respects, the liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.

10. Data protection

The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the provider's privacy policy.

11. Final provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of the mandatory statutory provisions of the law of his country of residence.
 
If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company can be found in the heading of these GTC.
 
If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

12. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link
https://ec.europa.eu/consumers/odr.
 
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
 
Our e-mail address can be found under the heading of these GTC