(1) The following General Terms and Conditions apply to contractual relationships between the company BE 24-7 GmbH and its customers via the websites www.pumpkin-germany.de and www.technobase.fm (in particular ticket sales) as well as other unspecified online shops of the BE 24-7 GmbH come to special events or be settled.
(2) Your contract partner is the company
BE 24-7 GmbH (hereinafter "BE 24-7")
represented by the CEO Mr. Stefan Ulber
Friemersheimer Strasse 106
Telephone: 02841/99 801 - 28
Fax: 02841/99 801 - 20
(3) For the business relations, which come about over our Internet shops, are valid exclusively following general terms and conditions in the version valid at the time of the order.
(4) The German language is the language of negotiation and contract. For all foreign business, the following terms and conditions apply as well, unless otherwise stipulated in our terms and conditions for the respective countries.
(5) These terms and conditions will be sent to you after conclusion of the contract. As a precaution, please also save these yourself by printing them using the print function of your browser. You can download this document as a PDF and save it on your computer. To open a PDF file you need the program Adobe Reader, which is available for free download on the internet (www.adobe.de).
(6) Your contract and order data and the contract text are stored by us, a direct access is not possible for security reasons.
(7) In the course of the ordering process, you have the option to recognize and correct input errors before submitting the contract declaration before clicking on the "Buy Now" button. Click on the highlighted button "Change information".
2. conclusion of the contract
(1) Representations of products on the websites of BE 24-7 do not constitute a legally binding offer, but a request for the submission of offers to conclude a contract at the respective conditions stated for the products.
(2) By clicking the button "order ticket" or "buy now" in the final step of the ordering process you make us a binding offer to buy the goods from the shopping cart at the displayed price.
(3) We confirm the order of the customer by sending a confirmation e-mail. This does not constitute confirmation of a contract.
(4) After checking your order and the submitted data, we will send you a declaration of acceptance (order confirmation) and / or inform you that the goods will be prepared for shipment. This concludes the contract with legal effect.
Consumers may withdraw their contract according to the following requirement. A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.
Note from the provider: Please note that we have created the following cancellation policy according to the sample text of the Federal Ministry of Justice. However, in our opinion, this text is not unambiguous, as according to § 187 Abs. 1 BGB the date of conclusion of the contract or the day of taking possession of the object of purchase is not part of the deadline calculation. The revocation period therefore properly ends only 14 days after the conclusion of the contract or taking possession.
We would also like to ask you to note that in the event that you do not receive this cancellation policy with the conclusion of the contract, the period also begins later, so with receipt of this instruction to run.
Please note this with the following instruction; In any case, we will take this into account when calculating the deadline for you.
(1) You have the right to withdraw from this contract within fourteen days without giving any reason.
(2) To exercise your right of withdrawal, you must contact us
BE 24-7 GmbH, Friemersheimer Strasse 106, 47441 Moers
Fax: 02841/99 801 20
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(3) Sample withdrawal form
Company BE 24-7 GmbH, Friemersheimer Straße 106, 47441 Moers
Hereby I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) - Ordered on (*) / received on (*)? - Name of the consumer (s)? - Address of the consumer (s) - Signature of the consumer (s) (only when notified on paper) - Date? _______________
(*) Delete as appropriate.
(4) consequences of the revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the condition, characteristics and functioning of the goods.
End of revocation
(5) Special notes on the right of withdrawal
According to § 312 g BGB, the right of revocation does not exist for the following contracts for goods offered by us:
• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• Contracts for the supply of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery,
• contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts,
• subject to sentence 2 (Note: Contracts for travel services under § 651a, if they have been concluded outside of business premises, unless the oral proceedings on which the conclusion of the contract is based have been conducted on prior order of the consumer) Contracts to provide provision of services in the field of accommodation for purposes other than residence, transport of goods, car rental, supply of food and drink, and other recreational activities, if the contract provides for a specific date or period (keyword: concert tickets)
4. return costs when exercising the right of withdrawal
You have to bear the costs of the return when exercising your right of withdrawal.
5. prices, payment, due date and arrears
(1) The purchase price is due upon conclusion of the contract.
(2) You have to carry on the web pages - in particular by linking on each product page as well as in the cart before completion of the order - shown shipping costs.
(3) The prices quoted on the web pages are inclusive of VAT and other price components, except for shipping costs for physical goods and goods as well as system and pre-sale fees for electronic event tickets.
(4) Payments for domestic orders are possible only by prepayment or PayPal. Please note that for payments via PayPal, the terms and conditions of the payment provider apply for the money transfer. No other payment methods accepted.
(5) If you select the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. The invoice amount is due immediately, but no later than three days and only after receipt of payment is a claim to the order. If the payment is not received on time or if the article or event has been sold out in the meantime, we have a right of withdrawal.
(6) In the event of default, we are entitled to demand interest in the amount of 5 percentage points above the respective base interest rate for the year. In legal transactions in which a consumer is not involved, we reserve the right to charge the interest on compensation claims in the event of default at an interest rate of eight percentage points above the base rate. We reserve the right to prove and assert a higher damage caused by default, § 288 Abs. 3, 4 BGB.
(7) You are only entitled to set-off if your counterclaims have been legally established by a court, undisputed or acknowledged in writing by us.
(8) You can only exercise a right of retention insofar as the claims result from the same contractual relationship.
6. Delivery conditions and self-supply reservation
(1) The delivery of goods takes place within Germany and in the EU foreign countries with the German post office or DHL. Digital goods we deliver by sending a link by e-mail.
(2) The shipping costs are based on the current cost statement on our websites.
(3) We deliver the goods within a maximum of 3 days after receipt of payment for shipping. For goods manufactured to customer specifications (eg garments ordered by the customer for color and print
can be) the goods are manufactured after receipt of payment and then shipped. This process takes a maximum of 5 working days.
(4) If not all products ordered are in stock, we are entitled to partial deliveries at our expense, as far as this is reasonable for you.
(5) If you order a product that was not available according to item description, and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any consideration already paid.
(6) If the failure to meet a delivery or performance deadline is due to force majeure, work, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended accordingly.
7. transport damages
(1) If you are a consumer, the risk of shipping lies with us, irrespective of the shipping method chosen by us (insured / uninsured / parcel). By choosing insured shipping, we only save our economic risk.
(2) If goods are delivered with obvious damage in transit, please complain such errors immediately to the deliverer, and please contact us as soon as possible.
(3) The failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
8. Retention of title
Until full payment of an item or order, ownership of the item remains reserved.
In case of choosing the method of payment "advance payment" we are entitled to rescind, if not within 3 days after ordering the purchase amount is received in our account.
10. Warranty & Liability
(1) The statutory warranty rights apply to consumers. The statutory warranty period begins with the delivery of the goods and runs regularly for two years, in exceptional cases possibly longer, cf. § 438 BGB. In the event of a defect, the customer has the legal right to subsequent performance (at your discretion: remedy of defects or replacement) and - if the legal requirements - the statutory rights to reduction or withdrawal as well as damages. The customer must give us two attempts to remedy the situation before exercising his right of withdrawal, unless there is a case that would justify immediate withdrawal by law. If the desired type of remedy is only possible with disproportionate costs, your claim to the other type of remedy is limited. ?? With resignation of the contract the orderer is obligated to the complete return of the commodity.
(2) With respect to entrepreneurs, the warranty rights set forth in subsection (1) shall apply subject to the proviso that the claims for material defects lapse after one year from handover / delivery of the object of purchase to the customer. Excluded from this restriction are claims for damages due to injury to life, body or health and / or claims for damages due to gross negligence or intentional damage caused by the seller; In that regard, in turn, the statutory limitation periods apply. The regulations on the obligation to inspect and notify remain unaffected.
(3) We can not assume any liability for damages and defects arising from improper use, operation and storage, negligent or faulty care and maintenance, overstraining or improper repair on your part.
(4) We exclude our liability for slightly negligent breaches of duty, insofar as these do not affect essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, the provider is liable in the case of intent and gross negligence, including his vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage from injury to life, limb or health. In the event of negligence caused property and pecuniary damage, the provider and its agents are liable only in case of breach of a material contractual obligation, but limited in amount to the foreseeable at contract conclusion and contract typical damages. Significant contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.
(5) The illustration of products on the Internet may differ slightly from the original for various reasons (monitor settings, graphics card quality, etc.). Such insignificant deviations constitute no warranty rights. Note: Rescission is not possible if the products can not be built in color or size due to their size at the place you have planned. This is not a defect of the goods dar. Therefore, before you order the items, note the given dimensions and any assembly instructions.
11. Supplementary provisions for travel services
(1) BE 24-7 also offers travel services from time to time, eg. to events. The following regulations represent deviations or additions to the further provisions of the GTC and apply solely to travel services.
(2) A ticket for entry into the event is included in the price of the travel service only if explicitly stated in the article description.
(3) To book a travel service, you must specify a preferred and an alternative departure location. In exceptional cases, we may not be able to guarantee a trip to and from these departure locations despite the original planning, as there are not enough bookings for this departure location or our local subcontractors, despite appropriate planning, do not offer the trip. In this case, BE 24-7 is entitled to cancel the order without you being entitled to claims for non-performance or poor performance of the contract. In particular, there is neither a general claim to transport from the preferred or alternative departure point chosen by you nor a claim to transport to the nearest departure point at the expense of BE 24-7. In this case, however, BE 24-7 will immediately reimburse you for any fees already paid and also reimburse tickets if necessary. We also try to accommodate you at another departure point.
(4) In the case of travel services, the right to use the service only exists with full payment of the remuneration and confirmation of the conclusion of the planned trip by BE 24-7.
(5) The services included in the travel contract include both the outward and return journey to the respective event in the specified means of transport. If several departure points are available for selection, BE 24-7 has a final decision on the place of departure. Also included is the care provided by a bus attendant appointed by the organizer.
(6) Not included is the arrival and / or departure to / from the departure point.
(7) Changes or deviations of individual travel services from the contractual content, which were unavoidable after conclusion of the contract and were not brought about by the organizer against good faith, are possible. If this causes clear defects in the travel, any warranty claims remain unaffected. The organizer is obliged to inform customers about changes or deviations immediately and offers the customer in case of significant defects a free cancellation of the travel contract.
(8) After conclusion of the travel contract, BE 24-7 may claim the following flat-rate compensation per person in case of withdrawal by the customer in compliance with § 651 Abs. 2 BGB:
* up to 30 days before departure: 5% of travel price * from 29th to 22nd day before departure: 15% of travel price * from 21st to 15th day before departure: 35% of travel price? Day before departure: 50% of the travel price? * From the 7th day before departure: 85% of the travel price? * For no-show: 95% of the travel price.
A resignation by the customer requires the written form.
(9) The customer as well as all accompanying persons listed in his order can be represented by a third person until three days before departure. A change of the traveling persons needs the written information to BE 24-7 and is also confirmed in writing after processing.
(10) BE 24-7 may terminate the travel contract without notice if the customer significantly disturbs the travel despite a one-off reminder, so that further participation for BE 24-7 and / or the other travel participants is no longer reasonable. In these cases, BE 24-7 is still entitled to the travel price, as far as expenses and benefits not saved can result from any other utilization of the travel service. Claims for damages otherwise remain unaffected. In the case of gross violations (eg criminal offenses such as willful bodily harm, theft, drug use, willful damage to property), BE 24-7 can also declare immediate exclusion from the trip. Any costs incurred will be borne by the customer.
(11) In the event of unforeseen circumstances, such as war, civil disturbances, epidemics, sovereign orders (eg border closures), natural disasters, disasters, destruction of accommodation or equal weight cases, both parties shall be entitled to terminate the contract.
(12) If the travel services are not in accordance with the contract, the customer may demand redress, unless this requires a disproportionate effort. The remedy consists in the elimination of the travel shortage or an equivalent replacement service. In the event of a defect, the customer shall immediately notify the latter to the designated local representative of BE 24-7. If the journey is significantly impaired by a defect, the customer shall only be entitled to a right of termination according to § 651 e BGB if the customer has successfully set a reasonable deadline for remedy. In the event of a justified termination, BE 24-7 may demand compensation for services rendered or to be completed at the end of the journey.
(13) Claims of the customer from the travel contract have this within one month after the contractually intended completion of the trip to the company BE 24-7, Stefan Ulber, Heinrich-Hertz-Str. 11, 47445 Moers. After the deadline, claims can only be asserted if the customer was unable to comply with the aforementioned deadline without own fault.
(14) E-Tickets will be sent via e-mail to the customer within a maximum of 7 working days after receipt of payment and confirmation of the conclusion of the journey by the organizer or subcontractor of BE 24-7. If the failure to comply with a delivery or performance deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended accordingly. Failure to comply with the delivery deadline other than the above. The customer is entitled to set a reasonable grace period with a threat of rejection in writing and to withdraw from the contract after the unsuccessful expiration of the delivery or service in the contract. If the impossibility of delivery is due to inability of the manufacturer or our supplier, both we and the buyer can withdraw from the contract, if the agreed delivery date is exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-performance, even those that have arisen until withdrawal from the contract, are excluded.
12. Contract storage
(1) These terms and conditions will be sent to you after conclusion of the contract. As a precaution, please also save these yourself by printing them using the print function of your browser.
(2) We point out that when you call up the respective offer, you should retrieve the contract text and secure it by printing. We do not offer a storage of the contract text in a reproducible form. You would therefore have to arrange this yourself (for example, by screenshot of the respective offer or converting the contract text in pdf format).
14. Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We participate in this process.
15. Final provisions
(1) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract remains valid. In place of the invalid provision, the relevant statutory provisions apply.
(2) In addition to the present provisions, German law applies, excluding the UN Sales Convention.