A: English General Terms and Conditions Online shop

B: General terms and conditions and legal information for rentals in the online shop of Plug-in Festivals.

 

These general terms and conditions, information and instruction texts were prepared on the basis of the non-binding recommendation of the Handelsverband Bayern e. V.

(Status: 04.06.18)

 

A: English General Terms and Conditions Online shop

 

I. General terms and conditions and customer information

  1. Basis of contract
  2. Offer, conclusion of the contract, correction possibilities, contract text storage
  3. Payment and delivery
  4. Prices and shipping costs
  5. Warranty
  6. Retention of title
  7. Duties of the customer
  8. Information on online dispute resolution
  9. General information on dispute resolution procedures before consumer dispute resolution bodies

II. Further customer information

  1. Essential characteristics of the goods or service
  2. Prices and shipping costs
  3. Payment and delivery conditions, delivery date
  4. Contract language
  5. Warranty
  6. Complaints
  7. Battery disposal information

 

I. General terms and conditions and customer information

  1. Basis of contract

a) These General Terms and Conditions of Business regulate the contractual relationship between Ranftl Sebastian und Vitz Sebastian Plug-in Festivals GbR, Wittelsbacherplatz 7, 82256 Fürstenfeldbruck, info@pluginfestivals.de (hereinafter referred to as “Seller”) and the customer in the case of sales via the online shop www.pluginfestivals.de regarding the goods and services provided by the Seller.

Customers within the meaning of these provisions are both consumers (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities) and entrepreneurs (any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activities).

b) The General Terms and Conditions of Business shall apply in the version valid at the time of conclusion of the contract to all contracts for the supply of goods and contracts for the provision of services which have been concluded using exclusively means of distance communication.

Deviating General Terms and Conditions of the customer shall only apply if their inclusion has been expressly agreed. An agreement cannot already be seen in the fact that the seller provides the agreed service in knowledge of any customer terms and conditions. This also applies if the seller has not expressly objected to the validity of the customer’s GTC at the time of delivery.

c) The contract language is German. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention.

In relation to a consumer, this choice of law only applies insofar as it does not deprive him of the protection afforded by the mandatory provisions of the country in which the consumer has his habitual residence.

 

  1. Offer, conclusion of the contract, correction possibilities, contract text storage

a) The product description on the seller’s online shop pages represent non-binding offers for placing an order.

After the customer has gone through the order process, the sales contract is concluded after the receipt of the customer’s binding order by the seller by sending the confirmation of contract (e.g. by telephone, fax, e-mail or letter).

The initially sent automatic confirmation of the receipt of the order does not represent an acceptance of the contract offer, but only confirms the receipt of the order. If the contract offer is not accepted within 2 days, it is considered rejected and the customer is no longer bound to it.

b) In order to submit the customer’s binding order via the seller’s online shopping cart system, the customer places the selected item(s) in the virtual “shopping cart” by clicking the “Add to cart” button. The customer can open this at any time by clicking on the button with the same name or the shopping cart symbol at the top right-hand side of the page and make changes. After the Customer has placed the desired items in the “Shopping Cart”, the Customer will be directed to the shopping cart by clicking on the “Checkout” button to enter his personal data. Subsequently, the customer is directed to the order overview page by selecting the payment method and the shipping method. Here, the customer can check all order data again and, if necessary, make changes or adjustments (for example, by clicking on the “Edit” link or by using the “Back” function of the Internet browser) or cancel the order (for example, by closing the browser window). The ordering process is only completed when you click on the button “order subject to payment”.

c) PayPal

If the customer chooses the payment method “PayPal”, the contract between the customer and the seller comes into effect immediately upon pressing the button “order subject to payment”, in deviation to section 2.a).

At the end of the order process the input mask of PayPal appears in which the customer enters the email address and password he has deposited with PayPal. Upon confirmation of the payment by the customer, the purchase price, including any shipping costs incurred, will be credited directly to the seller’s account. The shipment will take place one working day after the payment order, which is equivalent to the receipt of payment.

d) Note on contract text storage

The data of the customer’s order and the text of the contract will not be stored by the seller in a form that is subsequently still accessible to the customer. In the event that the customer wishes to document his order data, the customer may copy, print or otherwise store this data before submitting the binding order.

However, the Seller shall send the Customer a confirmation of contract in which the contents of the contract are reproduced at the latest upon delivery of the goods or before the start of the performance of the service.

 

  1. Payment, delivery

a) Unless otherwise agreed, the delivery of ordered goods is exclusively against prepayment (i.e. by bank transfer). Something else applies only in case of payment via PayPals, here the delivery is made to the address deposited with PayPal at the time of payment.

If the customer and the seller have not agreed otherwise, payment in advance is due immediately after conclusion of the contract.

b) The delivery takes place within 5 working days after the conclusion of the contract, unless a different delivery time is explicitly mentioned in the article description or a different delivery time has been explicitly agreed upon.

If the customer has chosen the payment method “bank transfer”, the period begins one day after the bank transfer has been made (issue of the payment order to the bank). No deliveries are made on Sundays, public holidays and Saturdays.

c) If the customer chooses to pay by PayPal, the payment will be processed by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal (Europe) S.à.r.l. et Cie, S.C.A. apply, which can be viewed by the customer with an account with PayPal (Europe) S.à.r.l. et Cie, S.C.A. at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full; if the customer does not have a PayPal account, the terms of use “Conditions for payments without a PayPal account” apply, which can be viewed by the customer at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

  1. Prices and shipping costs

a) All prices are stated in Euro (€) and include the statutory value added tax, as well as other price components and any other taxes and duties that may be incurred (total price/final price). The prices apply exclusively to orders via our online shop.

b) In addition to the product prices the respective packaging/shipping costs according to the article description (in case of cash on delivery the cash on delivery fee as well as the delivery fee to be paid directly to the deliverer), which are listed under the link “Shipping and payment”, are added to the product prices.

c) In addition to the shipping costs, customs duties, customs fees and import sales taxes may be due for deliveries outside Germany. These costs are to be borne by the customer and are usually not collected by the seller. The customer shall indemnify the seller against any claims with regard to these costs. The customer is responsible for the correct customs clearance of the goods and the resulting costs.

 

5. Warranty

a) Unless otherwise provided in b) and c), the customer is entitled to the statutory warranty rights.

b) For consumers, claims for defects become time-barred after one year from the transfer of risk when buying used goods.

For entrepreneurs, warranty claims for new goods expire after one year from the transfer of risk; warranty is excluded for used goods.

c) The shortened or excluded warranty periods regulated under 5. b) shall not apply in cases of liability for damages due to injury to life, body or health. The same shall apply to damages caused by the Seller or its vicarious agents through gross negligence or intent, or in the case of fraudulent intent and in cases of recourse under §§ 478, 479 BGB; as well as to guarantees assumed by the Seller.

 

  1. Retention of title

The sold goods remain the property of Ranftl Sebastian und Vitz Sebastian Plug-in Festivals GbR until full payment has been received. The customer is not entitled to legally dispose of the goods until the acquisition of ownership. He undertakes to inform the seller immediately if third parties assert rights to the goods.

 

  1. Duties of the customer

The customer must ensure that the email address he/she has deposited with the seller is correct. Furthermore, the customer must ensure that he/she can receive e-mails under the deposited address and that this is in particular not prevented by a SPAM filter, in order to ensure access to the information required for the conclusion of the contract, which is partly transmitted automatically by e-mail.

 

  1. Information on online dispute resolution.

Since February 15, 2016, the EU Commission has provided an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform is intended to serve as a central contact point for consumers and entrepreneurs to settle disputes arising from online legal transactions out of court. The following link leads to the OS Platform:

https://ec.europa.eu/consumers/odr

Our e-mail address is: info@pluginfestivals.de

 

  1. General information on dispute resolution procedures before consumer dispute resolution bodies

We prefer to resolve any problems that arise directly with the customer and therefore do not participate in dispute resolution proceedings before a consumer arbitration board.

 

 

II. Further customer information

  1. Essential characteristics of the goods or service

You will find the essential characteristics of the goods or service in the description of the article.

  1. Prices and shipping costs

The product prices and shipping costs stated in the item description are total prices and as such include all price components including taxes.

Unless free delivery is offered or agreed, the shipping costs are to be borne by the customer in addition to the item price.

The customer can find the shipping costs in the article description.

The shipping costs are shown separately during the ordering process.

  1. Payment and delivery conditions, delivery date

The buyer can only pay in advance (i.e. by bank transfer) or Paypal

For further details please refer to our above terms and conditions under point 3. a).

The delivery takes place within 5 working days after the conclusion of the contract, unless a different delivery time is explicitly mentioned in the article description or another delivery time has been explicitly agreed upon. No deliveries are made on Sundays, public holidays and Saturdays.

For further details, please refer to our above AGB under point 3. b).

  1. Contract language

Contract language is English.

  1. Warranty

The provisions regarding the rights of liability for defects for the goods offered by the Seller are set out in Section 5 of the Seller’s General Terms and Conditions.

  1. Complaints

Under the 0151 23007174 the seller is available for questions, complaints, suggestions but also for complaints.

  1. Battery disposal information

After we trade with batteries and accumulators, or with devices that contain them, we are obliged to instruct you as follows:

Please note that used batteries must not be disposed of with the household waste (this is indicated by the symbol of the crossed-out dustbin on the battery). For this reason, you as the end user are legally obliged to return used batteries.

The following additional symbols can be found next to the crossed-out dustbin:

Pb = Battery contains more than 0.004% lead by weight.

Cd = battery contains more than 0,002 % cadmium by mass

Hg = battery contains more than 0,0005 % of mercury by mass.

We would like to point out that you can also return old batteries to us Wittelsbacherplatz 7, 82256 Fürstenfeldbruck free of charge, provided that we also offer or have offered them as new batteries.

 

B: General terms and conditions and legal information for rentals in the online shop of Plug-in Festivals.

These AGB, information and instructional texts have been prepared on the basis of the non-binding recommendation of the Handelsverband Bayern e. V.

(As of: 26.10.18)

 

I. General Terms and Conditions and Customer Information

  1. contractual basis
  2. offer, conclusion of the contract, correction possibilities, contract text storage
  3. cancellation / withdrawal from the contract
  4. payment and provision of the rented item
  5. prices and shipping costs
  6. warranty
  7. duties of the customer
  8. information on online dispute resolution
  9. general information on dispute resolution procedures before consumer dispute resolution bodies

 

II. Further customer information

  1. essential characteristics of the goods or services
  2. prices
  3. terms of payment and delivery, delivery date
  4. contract language
  5. warranty
  6. complaints
  7. battery disposal information

 

I. General Terms and Conditions and Customer Information

  1. contractual basis

a) These General Terms and Conditions of Business regulate the contractual relationship between Ranftl Sebastian und Vitz Sebastian Plug-in Festivals GbR, Wittelsbacherplatz 7, 82256 Fürstenfeldbruck, info@pluginfestivals.de (hereinafter referred to as “Lessor”) and the customer in the case of rentals via the online shop www.pluginfestivals.de regarding the goods and services provided by the Lessor.

Customers within the meaning of these provisions are both consumers (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities) and entrepreneurs (any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activities).

The agreement consists in the provision of a portable charger (hereinafter “the Product”) by Plug-in Festivals to the customer after receipt of payment from the customer to Plug-in Festivals. The Product is designed to operate all consumers (up to a maximum of 300 watts output line) of the Customer and may only be used for this purpose. If the battery of the Product is empty, the Customer may exchange it for a fully charged Product. The exchange will take place at the Plug-in Festivals stand at the festival. Plug-in Festivals’ recharging service (hereinafter “the Service”) includes the initial delivery of the Product to the Customer and all subsequent Product changes. The Service is provided for the duration of the Festival, while the Customer may change the Product daily without limitation.

b) The General Terms and Conditions shall apply in the version valid at the time of the conclusion of the contract to all contracts for the supply of goods and contracts for the provision of services that have been concluded using exclusively means of remote communication.

Deviating General Terms and Conditions of the customer shall only apply if their inclusion has been expressly agreed. An agreement cannot already be seen in the fact that the lessor provides the agreed service in knowledge of any customer’s GTC. This shall also apply if the Lessor has not expressly objected to the validity of the Customer’s GTC at the time of delivery.

c) The contract language is German. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

In relation to a consumer, this choice of law only applies insofar as it does not deprive him of the protection afforded by the mandatory provisions of the country in which the consumer has his habitual residence.

 

  1. offer, conclusion of the contract, correction possibilities, contract text storage

a) The product description on the online shop pages of the lessor represent non-binding offers for the submission of an order.

After the customer has gone through the order process, the rental contract is concluded after the receipt of the customer’s binding order by the lessor by sending the confirmation of contract (e.g. by telephone, fax, e-mail or letter).

The initially sent automatic confirmation of the receipt of the order does not represent an acceptance of the contract offer, but only confirms the receipt of the order. If the contract offer is not accepted within 2 days, it is considered rejected and the customer is no longer bound to it.

b) In order to submit the Customer’s binding order via the Lessor’s online shopping cart system, the Customer places the selected item(s) in the virtual “shopping cart” by clicking the “Add to cart” button. The Customer can open this or these at any time by clicking on the button with the same name or the shopping basket symbol in the upper right-hand corner of the page and make changes. After the Customer has placed the desired items in the “shopping cart”, the Customer will be directed to the shopping cart by clicking on the “Checkout” button to enter his personal data or to the login area, if the Customer has already set up an account with the Lessor. Subsequently, the customer will be directed to the order overview page by selecting the payment method and the shipping method. Here, the customer can check all order data again and, if necessary, make changes or adjustments (for example, by clicking on the “Edit” link or by using the “Back” function of the Internet browser) or cancel the order (for example, by closing the browser window). Furthermore, the rental agreement must be accepted by placing a “tick”. The ordering process is only completed when you click on the button “order subject to payment”.

c) PayPal

If the customer decides to use the payment method “PayPal”, the contract between the customer and the lessor is immediately concluded in deviation to section 2.a) by pressing the button “order subject to payment”.

At the end of the order process the input mask of PayPal appears in which the customer enters the e-mail address and the PayPal password he has deposited with PayPal. Upon confirmation of the payment by the customer, the rental price, including any shipping costs, incurred due to the rental agreement concluded for the products selected by the customer will be credited directly to the account of the lessor. The provision is made on the date stated in the order confirmation

d) Note on contract text storage

The data of the customer’s order and the text of the contract will not be stored by the lessor in a form that is subsequently still accessible to the customer. In the event that the customer wishes to document his order data, the customer may copy, print or otherwise store this data before submitting the binding order.

However, the Lessor shall send the Client a confirmation of contract in which the content of the contract is reproduced at the latest upon delivery of the goods or before the start of the performance of the service.

 

  1. cancellation / withdrawal from the contract

In addition to the statutory right of withdrawal, which is not restricted by this, the Lessor grants the Customer the following right of withdrawal before the start of the event:

a) Cancellations are basically possible at any time.

b) For cancellations up to 7 calendar days before the start of the event, 100% of the invoiced amount will be refunded, provided that the amount has already been credited to the lessor’s account.

c) If a cancellation is made 6 calendar days or less before the start of the event, a refund of 50% of the invoiced amount will be made, if this amount has already been credited to the lessor’s account

d) Weather conditions expressly do not justify a free withdrawal of the tenant, if the booking is cancelled less than 6 calendar days before the desired period.

e) In the event of cancellation before the start of the event, 100% of the rental fee will be refunded to the renter.

f) In the event of a cancellation by the organizer after (partial) performance by the landlord, 50% of the rental fee will be refunded to the tenant.

 

4. payment, provision of the rented item

a) Unless otherwise agreed, the provision of ordered goods is exclusively against prepayment (i.e. by bank transfer) or against Paypal payment, at the start of the event agreed upon during the ordering process.

If the customer and the landlord have not agreed otherwise, payment in advance is due immediately after conclusion of the contract.

b) The rental object will be made available at the beginning of the event of the respective festival, unless a different collection date is expressly stated or a different collection date has been expressly agreed.

c) If the customer chooses to pay by PayPal, the payment will be processed by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal (Europe) S.à.r.l. et Cie, S.C.A. apply, which can be viewed by the customer with an account with PayPal (Europe) S.à.r.l. et Cie, S.C.A. at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full; if the customer does not have a PayPal account, the terms of use “Conditions for payments without a PayPal account” apply, which can be viewed by the customer at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

5.prices and shipping costs

All prices are indicated in Euro (€) and include the legal value added tax, as well as other price components and any other applicable taxes and duties (total price/final price). The prices apply exclusively to orders via our online shop.

 

  1. warranty

The customer is entitled to the statutory warranty rights (§§ 536, 536 a BGB).

 

  1. duties of the customer

The client must ensure that the email address he has deposited with the landlord is correct. Furthermore, the customer must ensure that he can receive e-mails under the address deposited and that this is not prevented by a SPAM filter in particular, in order to ensure access to the information required for the conclusion of the contract, which is transmitted in part automatically by e-mail.

 

  1. information on online dispute resolution.

Since February 15, 2016, the EU Commission has provided an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform is intended to serve as a central contact point for consumers and entrepreneurs to settle disputes arising from online legal transactions out of court. The following link leads to the OS Platform:

https://ec.europa.eu/consumers/odr

Our e-mail address is: info@pluginfestivals.de

 

  1. general information on dispute resolution procedures before consumer dispute resolution bodies

We prefer to clarify any problems that arise directly with the customer and therefore do not participate in dispute resolution proceedings before a consumer arbitration board.

 

II. Further customer information

  1. essential characteristics of the goods or services

You will find the essential characteristics of the goods or service in the description of the article.

  1. prices

The product prices stated in the article description are total prices and as such include all price components including taxes.

  1. terms of payment and delivery, delivery date

The buyer can only pay in advance (by bank transfer) or via Paypal. The date of provision is shown in the above AGB under I number 4a.

  1. contract language

Contract language is English.

  1. warranty

The provisions regarding the rights of liability for defects for the goods offered by the lessor can be found in the above terms and conditions under I item 6.

  1. complaints

Under the 0151 23007175 the landlord is available to you for questions, complaints, suggestions but also for complaints.

  1. battery disposal advice

After we trade with batteries and accumulators, or with devices that contain them, we are obliged to instruct you as follows:

Please note that used batteries must not be disposed of with the household waste (this is indicated by the symbol of the crossed-out dustbin on the battery). For this reason, you as the end user are legally obliged to return used batteries.

The following additional symbols can be found next to the crossed-out dustbin:

Pb = Battery contains more than 0.004% lead by weight.

Cd = battery contains more than 0,002 % cadmium by mass

Hg = battery contains more than 0,0005 % of mercury by mass.

We would like to point out that you can also return old batteries to us Wittelsbacherplatz 7, 82256 Fürstenfeldbruck free of charge, provided that we also offer or have offered them as new batteries.