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Terms and Conditions open-air-ware

General Terms and Conditions
Sale of Camping Equipment (open-air-ware)

§ 1 - Company

Enrico Vlach & Nico Seifert Festivalservice GbR
Arthur-Hoffmann-Str. 62
04107 Leipzig

Authorized company representatives: Enrico Vlach, Nico Seifert

Phone: +49 (0)341-69940034
Mobile: +49 (0)162-6408026

§ 2 - Formation of Sales Contract

Enrico Vlach & Nico Seifert Festivalservice GbR will be referred to hereinafter as Seller. Customers of Enrico Vlach & Nico Seifert Festivalservice GbR will be referred to hereinafter as Buyer(s). These General Terms and Conditions shall govern the sale of camping items and equipment via Seller's online shop. Deviations from these General Terms and Conditions shall only be valid if confirmed by Seller in writing.

By placing an order, Buyer offers to conclude a binding sales contract with Seller. Orders shall generally be placed via Seller's online shop system. If the shop is temporarily offline, orders by e-mail will also be accepted. Buyer(s) without access to the online ordering system or without an own e-mail address shall be allowed to place their orders by telephone or mail.

Contracts concluded with minors are only valid with the written consent of their parent or legal guardian.

fter placing an order, Buyer shall receive an order confirmation and demand for payment from Seller by e-mail or, as the case may be, by mail. The total amount stated shall be transferred by Lessee to Rental Company's account in advance. The amount is due on Rental Company's account in full without deductions within 7 calendar days after receipt of demand for payment.

The contract shall come into effect upon receipt of the total amount on Seller's account. An additional e-mail confirmation will be sent to Buyer within two weeks after receipt of the total amount. If payment is deferred by Buyer beyond payment terms, the contract shall be deemed not concluded by Buyer and the order shall be void. Goods may be delivered in advance if expressly requested by Buyer.

§ 3 - Subject of Contract, Prices, Payment

All offers are subject to change without notice in terms of services, quantities and ancillary services. Sole subject of the contract is the sold product with its properties, features and intended use as specified in the product description. The purchased products will be handed over to Buyer at the previously specified event (music festival etc.) for which further services have been ordered by Buyer (acting in his/her function as Lessee) from Seller (acting in its function as Rental Company providing tents and sleeping places). Other or further services, properties and features, or uses other than the intended use shall only be deemed agreed upon if expressly confirmed by Seller in writing.

Products are supplied at the prices stated in the online shop at the time the order is placed. If products are delivered to Buyer in advance, Buyer shall pay the packaging and shipping costs communicated by Seller prior to delivery. All prices include value added tax.

Discount offers and the validity of discount offers, if any, will be announced on Rental Company's website or via newsletter service.

The amount stated in the demand for payment shall be paid without deductions within the payment terms. Payment shall be made in Euro per advance payment to the following account of Seller:

Account holder: mein-zelt-steht-schon
Bank: Sparkasse Leipzig
IBAN: DE03860555921100790493

Payment is also possible by PayPal; Rental Company's PayPal account is registered with the e-mail address stated in § 1.

§ 4 - Transfer of Risk, Warranty, Limitation of Liability

All goods shall remain the property of Seller until full payment has been received by Seller. The risk of accidental damage is transferred to Buyer when the goods are handed over personally by Seller to Buyer. Otherwise the risk of accidental damage is transferred to Buyer when the goods have been delivered to Buyer by the commissioned shipping company.

Warranty shall commence upon delivery of the goods. The legal warranty periods shall apply. According to legal warranty terms the warranty period is two years for new goods and one year for second-hand goods from handover or delivery of the goods to Buyer. Warranty claims shall only be accepted if the purchased articles have been used and cared for appropriately according to their intended use as specified in § 3.1 and normal product properties.

There is no warranty for damage or defects resulting from improper use or handling of the purchased products. The same applies for "normal wear and tear", e.g. wear of shoe soles or similar. There is no warranty for defects resulting from misuse, careless use or operation, or unusual operating conditions.

Warranty coverage shall be void if Buyer or a third party carry out repair work or alterations on the delivery items without written permission of Seller, unless Buyer can furnish substantial proof that the defects concerned were not caused by such alterations carried out by Buyer or a third party.

Design or dimensional modifications resulting from improvements in engineering or from changes in legal requirements are reserved during the delivery period, provided, however, that the delivery item(s) is/are not significantly changed and the modifications are reasonable for the Buyer.

Limitation of liability as set forth below shall not apply for damage arising from intent, gross negligence or the absence of guaranteed quality features, as well as for personal injury. Liability claims against Seller due to impossibility or delay in the performance of services, positive violation of contractual duty or tort shall be limited to damage reasonably foreseeable to Buyer at the time the contract was concluded. Where the damage does not result from the violation of an essential contractual obligation, the amount of damages shall be limited to a maximum amount of ten times the contract value.

§ 5 - Right of Cancellation

Buyer is entitled to cancel this contract within 14 days by written notice (e.g. letter or e-mail) without reason or by returning the goods. The cancellation period shall commence once goods are received. Timely dispatch of the cancellation notice or the goods suffices to comply with the cancellation period. The cancellation notice shall be sent to Seller specified in § 1.

If Buyer exercises the right of cancellation after the goods have been received, Buyer will be responsible for returning the goods to Seller at Buyer's own cost.

In the event of a valid cancellation, the services received by both parties are to be returned. If the services cannot be returned or only partly or only in a deteriorated condition, Buyer shall be obliged to pay a corresponding compensation to Seller. This shall not apply if the deterioration of the goods is exclusively due to an inspection such as would be possible in a shop. Otherwise, Buyer can avoid the obligation to provide compensation for value for deterioration caused by intended use of the good by not using the good as proprietor and by refraining from everything which can diminish its value. Obligations for refunding payments must be fulfilled within 14 days. For Buyer this period begins with the dispatch of Buyer's cancellation notice or of the goods; for Seller it begins with the receipt of the cancellation notice or goods. The cancellation right shall only apply for consumers according to § 13 BGB (German Civil Code).

§ 6 - Data Protection

Seller will treat all information and personal data of Buyer carefully and confidentially. Seller will use personal information data only for the purpose of fulfilling its services and will not disclose it in whole or in parts to third parties in any manner whatsoever. Seller shall instruct its employees, representatives or subcontractors to observe the obligations regarding confidence and data security and shall be responsible for their fulfilment.

§ 7 - Invalidity of Provisions

If any provision of these General Terms and Conditions is held to be invalid, the remainder of the provisions thereof shall remain unaffected. The invalid provision shall be replaced by a valid and enforceable provision which comes closest in economic intent and purpose to the invalid provision. The same applies for possible loopholes in the provisions.

Seller reserves the right to make amendments to these General Terms and Conditions at any time without stating any reasons. Amendments will be announced on the website. If Buyer does not object to the new General Terms and Conditions within four weeks after amendment, the amended General Terms and Conditions are deemed to be accepted by Buyer.

Last update: 13 July 2017
Errors and misprints excepted. The English translation of these General Terms and Conditions is provided for the convenience of our non-German-speaking customers. Regardless of this, only the original German language version is legally binding.

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