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Table of contents
- Conclusion of contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of Renate Iorio, trading as “SinnerRock Festival” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in its online shop. Herewith the inclusion of the customer’s own conditions is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions apply accordingly, unless otherwise expressly regulated.
1.3 Consumer within the meaning of these General Terms and Conditions is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has placed his order, together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before sending his order.
2.6 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button concluding the ordering process.
2.7 The order processing and contacting usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.
Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the revocation instruction of the seller.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices containing the statutory value added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option/will be communicated to the customer in the seller’s online shop.
4.4 If advance payment is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5When payment is made by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), PayPal Terms of Service, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the terms and conditions for payments without a PayPal account, can be viewed under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If you select the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. secupay AG takes the invoice amount from the customer’s credit card account. In the event of assignment, only secupay AG can be paid with debt-relieving effect. The debit of the credit card takes place immediately after sending the customer order in the online shop. The provider remains responsible for general customer enquiries, e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and receipts or credit notes, even if the payment method of credit card payment via secupay AG is selected.
Terms of delivery and shipping
5.1 The delivery of goods shall be made by way of dispatch to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive. By way of derogation from this, the delivery address deposited by the customer at the time of payment with PayPal shall prevail when selecting the payment method PayPal.
5.2 If the transport company returns the goods dispatched to the seller, as delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance which led to the impossibility of service or if he was temporarily prevented from accepting the offered service, unless the seller provided the service to him a reasonable time in advance. had announced. Furthermore, this does not apply with regard to the costs of the dispatch if the customer exercises his right of withdrawal effectively. In the event of effective exercise of the right of withdrawal by the customer, the return costs shall be governed by the regulation made in the seller’s revocation instruction.
5.3 Vouchers are given to the customer as follows:
- by download
- by e-mail
If the Seller enters into advance payment, he reserves the title to the delivered goods until full payment of the purchase price owed.
Liability for defects (guarantee)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: Claims for defects are excluded if the defect occurs only after the end of one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply
- for items which have been used for a building in accordance with its usual use and which have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller fraudulently concealed the defect.
7.3 The customer is requested to complain to the delivery company of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
7.4 The purchase of concert tickets is final. Refunds or returns will also not be accepted in the event of cancellation of the concert, unless a prior declaration has been made on the ticket page.
8.1 The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
Alternative dispute resolution
9.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.