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General terms and conditions

  1. Validity, offer, conclusion of contract

1.1 For all deliveries and services of the Official David Garrett Shop, c/o Die Eventrebellen, owner Robert Boncium, summonable address Theresienstraße 1 - D-80333 Munich, via goods from the fan catalog, from the website david-garrett-shop.com or which are transmitted via SMS to cell phones, these terms and conditions apply exclusively. For business customers ("entrepreneurs" in the sense of § 14 BGB) deviating conditions apply.

1.2 A contract between the Event Rebels and the customer is concluded by the customer's order on the one hand and delivery of the ordered goods or express acceptance by the Event Rebels on the other hand. If the Event Rebels do not respond within ten days, the order is considered rejected. Alcoholic beverages may only be ordered by persons of legal age.

1.3 The text of the contract is not stored by Eventrebellen and can no longer be retrieved after completion of the ordering process. The Eventrebellen send immediately after submission of the order to the e-mail address provided by the customer a confirmation of receipt with an overview of the order data and the terms and conditions. If the customer has created a customer account before submitting his order and has logged in via the website with his customer data, the text of the contract will be archived on the Eventrebellen website and can be retrieved free of charge by the customer in the customer account under the heading "Orders" by providing the relevant login data. 

  1. Shipping costs, payment terms, delivery

2.1 The shipping costs worldwide and within Germany are EUR 6,95.

2.2 All amounts shown are inclusive of VAT. Payment in Germany can be made by cash on delivery (excluding items personalized according to the customer's wishes), by SEPA direct debit in accordance with clause 3 below (only possible for written orders) or by Visa, Master or American Express Card, as well as Paypal. For cash on delivery additional fees of currently EUR 5.60 (subject to change) will be charged. For foreign orders, the Event Rebels accept payment by credit card (Visa, Master or American Express Card), as well as Paypal. Of several applicable discounts, the highest applies in each case. Reduced merchandise is not eligible for discount.

2.3 Eventrebellen shall be entitled to make partial deliveries if this is reasonable for the customer.

2.4 For a safe and punctual delivery by the corresponding logistics service provider, it is necessary that Eventrebellen forwards further contact data (e.g. email address, telephone number) to them in addition to the customer's address.

  1. Payment by SEPA direct debit

Insofar as payment by SEPA direct debit has been agreed and the customer has issued a corresponding direct debit mandate, the following shall apply: An upcoming direct debit collection will be announced by Eventrebellen as a rule together with the invoice (or by another communication channel agreed with the customer) at the latest 1 (one) calendar day before the due date of the direct debit in advance (pre-notification). The debit shall be made on the due date stated on the request for payment (invoice); a separate pre-notification shall not be sent. The direct debit will be collected according to the due date on the respective payment request. If the due date falls on a weekend or a public holiday, the due date shall be postponed to the first following bank business day. In the case of a purchase with a different account holder, the pre-notification is sent to the customer. The latter undertakes to inform the account holder of the upcoming direct debit. The customer must ensure that the account is covered. Costs incurred as a result of non-payment or reversal of the direct debit shall be borne by the customer, unless the customer is not responsible for the non-payment or reversal. Direct debit authorizations issued in online commerce shall be deemed to be a SEPA direct debit mandate - this shall be confirmed to the customer in a separate e-mail. In the case of partial deliveries, the debit shall also be made on the due date stated on the invoice.

  1. Deficiencies

Eventrebellen shall be liable for defects within the scope of the statutory provisions. However, the customer is only entitled to claims for damages and reimbursement of expenses due to defects insofar as the liability of Eventrebellen is not excluded or limited according to clause 5.

  1. Liability

5.1 The Event Rebels shall otherwise be liable within the scope of this contract in the event of statutory or contractual liability for the compensation of damages or for the compensation of futile expenses caused by the Event Rebels, its legal representatives or vicarious agents, in the event of intent and gross negligence. In the case of a slightly negligent breach of a primary obligation or a secondary obligation, the breach of which endangers the achievement of the purpose of the contract or the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer could rely (hereinafter "essential secondary obligation"), the liability of Eventrebellen shall be limited to damages typical for the contract and foreseeable at the time of the conclusion of the contract. Eventrebellen shall not be liable for the slightly negligent breach of contractual collateral obligations that do not belong to the essential collateral obligations.

5.2 Claims for culpable causation of damage to life, body or health, under the Product Liability Act, for fraudulent misrepresentation, on the basis of a guarantee assumed by Eventrebellen for the quality of the purchased item or for a procurement risk assumed by Eventrebellen shall remain unaffected.

5.3 The limitation of liability also extends to the personal liability of the legal representatives and vicarious agents of Eventrebellen.

  1. CANCELLATION POLICY

Right of withdrawal

The customer has the right to revoke this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods, the withdrawal period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods of his order.

In order to exercise the right of withdrawal, the customer must inform the Official David Garrett Shop, c/o Eventrebellen, Owner Robert Boncium (Theresienstraße 1 - D-80333 Munich, Tel.:+ 49 89-2050085054, Email: shop@david-garrett.com) by means of a clear declaration (e.g. a letter sent by post or by email) of his decision to withdraw from this contract. 

In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation:

If the customer cancels this contract, Eventrebellen shall repay to the customer all payments received by Eventrebellen from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the most favorable standard delivery offered by Eventrebellen), without undue delay and no later than within fourteen days from the day on which Eventrebellen received notification of the customer's cancellation of this contract. For this repayment, Eventrebellen will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees because of this repayment. Eventrebellen may refuse repayment until Eventrebellen has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.

The customer must return or hand over the goods to Eventrebellen Theresienstrasse 1 - D-80333 Munich without delay and in any case no later than fourteen days from the day on which he has informed Eventrebellen of the revocation of his contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days.

The event rebels bear the cost of returning the goods.

The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.

NOTE: EXCLUSION of the right of withdrawal

Pursuant to Section 312g (2) of the German Civil Code (BGB), the right of revocation for distance contracts shall exclude in particular goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or that are clearly tailored to the customer's personal needs, provided that the seal has been removed after delivery, as well as newspapers, journals or magazines with the exception of subscription contracts. The right of revocation shall not apply if the customer is an entrepreneur pursuant to Section 14 of the German Civil Code (BGB), i.e. a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or independent professional activity when concluding the legal transaction.

We ask that you use the return label provided to you when making returns.

  1. Property rights, data protection, credit assessment

7.1 All logos, photographs and other images on the website or in the online catalog are protected by trademark law or copyright. Any use without the consent of the Event Rebels, in particular the unauthorized download of images, is prohibited and will be prosecuted under civil or criminal law.

7.2 In order to check creditworthiness, Event Rebels shall exchange address and creditworthiness data with credit service companies in justified cases.

  1. Data protection

8.1 Insofar as Eventrebellen collects or processes personal data in the course of its activities, this shall be done exclusively in accordance with the provisions of data protection law, in particular the EU General Data Protection Regulation (DSGVO).

8.2 Thus, in the context of the conclusion of the contract, Eventrebellen collects personal data of the customer and, if applicable, of an account or credit card holder differing from these persons (hereinafter collectively referred to as "person concerned"). This is name, contact, bank details and other data that are listed in the order and are necessary for the implementation and execution of the contract. The Eventrebellen process this personal data exclusively for the fulfillment of their pre-contractual and contractual obligations to the customer. The legal basis for the processing of personal data is the fulfillment of pre-contractual and contractual obligations (Art. 6 para. 1 letter b DSGVO).

8.3 The Event Rebels do not disclose personal data to third parties unless this is necessary for the fulfillment of the data subject's request, otherwise permitted by relevant legal provisions or the data subject has given the Event Rebels his/her consent. For example, the Event Rebels use logistics service providers in particular when sending postal consignments in connection with the order. The legal basis for this is the fulfillment of contractual obligations (Art. 6 para. 1 letter b DSGVO). The Event Rebels are further entitled to outsource the processing of personal data in whole or in part to external service providers who act for the Event Rebels as so-called order processors (Art. 4 No. 8 DSGVO) within the framework of data protection law requirements. If these service providers are located outside the European Union or the Agreement on the European Economic Area, Eventrebellen will take appropriate security measures in accordance with legal and regulatory requirements to ensure the security of personal data.

8.4 The personal data will be stored by the Event Rebels only as long as necessary to achieve the purposes for which they were collected or - insofar as legal retention periods exist that go beyond this - for the duration of the legally prescribed retention period. Subsequently, the personal data will be deleted.

8.5 The data subject may contact the data protection officer of the Eventrebellen at Theresienstrasse 1 - D-80333 Munich, e-mail shop@david-garrett.com, if he or she has any questions regarding data protection, and in particular if he or she wishes to exercise the following rights under data protection law: The data subject may (a) request information about the stored personal data, (b) rectify and, if necessary, complete incomplete personal data, erase or restrict processing, as well as (c) transmit his/her stored personal data, (d) object to further processing, (e) request that his/her personal data be provided in a structured, common and machine-readable format, as well as (f) revoke the consent given. In addition, the data subject may lodge a complaint with a data protection supervisory authority.

  1. Note according to the battery law

Batteries are also used in some products sold by Event Rebels. Batteries must not be disposed of with household waste. End users are required by law to return all used batteries and rechargeable batteries, e.g. to public collection points or where batteries are sold. Batteries are marked with a crossed-out trash can and with one of the chemical symbols
Cd(=battery contains cadmium)
Hg (= battery contains mercury)
Pb (= battery contains lead)
marked.

  1. Alternative Dispute Resolution pursuant to the Consumer Dispute Resolution Act

We would like to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

  1. Place of performance, place of jurisdiction

If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship as well as the place of performance for payment, delivery and service shall be at the registered office of Eventrebellen in Munich. This also applies if the customer does not have a general place of jurisdiction in Germany or if he moves his place of residence or habitual abode to a place outside Germany after conclusion of the contract or if his place of residence or abode is not known at the time the action is brought. However, Eventrebellen is also entitled to file suit at the customer's place of business.

  1. Applicable Law, Subsidiary Agreements

12.1 German law shall apply. If the customer has his habitual residence in a country of the European Economic Area other than Germany, he shall retain protection under the relevant provisions of his country of residence, which may not be deviated from by agreement.

12.2 There are no verbal ancillary agreements.

Munich, September 2022

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