Imprint & General Terms and Conditions
responsible for www.cosmopop.biz:
Managing director Steffen Charles
Fax +49 621 18191910
Ust-Ident: DE 813876263
The cosmopop GmbH strives to present correct and complete information on this website. However, it assumes no responsibility for topicality, correctness or completeness of the presented information. The cosmopop GmbH reserves the right to make changes at any time.
The content of this website is protected by copyright. Copyright conditions also prohibit the filing, storing, reproduction and/or distribution of graphic material and images published on this website.
General Terms and Conditions
1. Contractual Partner
a. The contractual partner is cosmopop GmbH, Lagerplatzweg 3, 67059 Ludwigshafen, Germany (referred to hereafter cosmopop GmbH).
b. The second contractual partner is the Buyer of the products and/or entry tickets (referred to hereafter as the Buyer).
c. For the contract to be concluded and the fulfillment obligations of cosmopop GmbH to apply, the Buyer must be of full age and fully legally competent or produce approval from his/her parents or legal guardians and/or the underage Buyer must cover the cost of the purchase with money which has been given to him/her for this purpose or to be used at his/her disposal by the legal representative or by a third party with the legal representative’s consent.
2. Conclusion of the Contract
a. All “offers” on the website and in the shop of cosmopop GmbH are non-binding and do not represent any binding offer for the conclusion of a contract.
b. By submitting a fully completed order form, the Buyer makes the offer for the conclusion of a contract.
c. The Buyer is bound to his/her offer for 2 weeks, which means cosmopop GmbH has a period of 2 weeks to accept the offer.
d. The contract is concluded when cosmopop GmbH expressly confirms the order and sends an invoice to the Buyer.
e. If no such confirmation is given, the contract is not concluded.
f. For the purchase of an entry ticket, Clause 6 in particular applies. The contract for purchasing an entry ticket is concluded separately with a third party, not with cosmopop GmbH.
3. Characteristics, Availability, Delivery
a. The characteristics of the goods correspond to the product descriptions in the cosmopop GmbH shop. The color of the image shown may differ from the actual color due to the technical reproduction on the screen. The written description, not an image, shall determine the characteristics of the goods.
b. If the goods ordered are temporarily out of stock, cosmopop GmbH will inform the Buyer of this. The Buyer has the right to withdraw his/her offer in case of a delay of over 2 weeks (from the time cosmopop GmbH accepted the Buyer’s offer or the latest time it could accept it). If the Buyer has already made a payment, this is to be refunded immediately.
c. If a delay in delivery first becomes apparent after the conclusion of the purchase contract, cosmopop GmbH shall inform the Buyer immediately. The Buyer has the right to withdraw from the contract. If the Buyer has already made a payment, this is to be refunded immediately.
d. The goods ordered shall be delivered to the address given by the customer, unless contractually agreed otherwise.
a. All prices are gross prices including legal value-added tax, unless expressly indicated otherwise. Value-added tax is itemized separately.
b. The Buyer bears any shipping costs. These are indicated in the shop.
a. Deliveries shall be performed against advance payment (bank transfer).
b. If the Buyer does not make the required payment, cosmopop GmbH can withdraw from the contract.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Tel.: 0621 18191912
Fax: 0621 181919296
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please use the model withdrawal form below:
a. Without prejudice to his/her legal rights, the Buyer has the option of returning the ordered goods to cosmopop GmbH within 14 days from receipt of the goods, so long as the goods are complete and undamaged.
b. If the Buyer returns goods in accordance with this return guarantee, cosmopop GmbH will refund the price paid, but not the shipping costs of the original purchase. The Buyer bears the transport risk and return costs accordingly. This return guarantee does not affect legal rights and therefore does not affect the Buyer’s cancellation right as described above.
c. Reduced goods are excluded from this return guarantee.
8. Special Provisions for the Purchase of Entry Tickets
a. Sale of Entry Tickets via Third Parties
Entry tickets are sold via a third party (eventbrite or other), not by cosmopop GmbH. The purchase contract for entry tickets is therefore concluded with this third party. The entry ticket entitles the Attendee to attend the event in accordance with the visitor contract, which is concluded with cosmopop GmbH.
b. Scope of the House Rules
The House Rules apply to the event that is part of the contract between the Buyer/Attendee and cosmopop GmbH.
c. Sale of Tickets
Resale of entry tickets is prohibited insofar as the entry ticket was purchased from cosmopop for the purpose of resale.
d. Right to Return Tickets
Outside of the legal withdrawal rights, legal cancellation rights or other legal contract termination rights, the Buyer has no right to return an entry ticket.
e. Payment System at the Event
At the event the Buyer/Attendee pays for drinks and food using tokens which the Buyer/Attendee can purchase on the festival site for the specified price. The tokens can only be returned at the same event, during the event and at the specified return points on the festival site. Token returns are limited to a maximum value of 10 euros per person. Any other form of token returns is excluded. Should the event be interrupted after it has begun and the event site be unexpectedly evacuated for safety reasons, the Buyer/Attendee will receive information on how to return unused tokens via the website.
f. Withdrawal from the Contract by cosmopop GmbH in Case of Misconduct
i. If the Buyer and Attendee of the event breaches the respective House Rules of the event or instructions from the Organizer or security staff at the event, cosmopop GmbH may refuse entry and withdraw from the contract. In this case the Buyer/Attendee will not be entitled to a refund of the ticket price.
ii. In the same cases, the Buyer/Attendee can be excluded from the event and ejected from the festival site if he/she has already been granted entry. In this case the Buyer/Attendee will not be entitled to a refund of the ticket price.
a. The Buyer can only offset counterclaims that are undisputed or have been legally established.
b. The Terms and Conditions between the Buyer and cosmopop GmbH are subject to the law of the Federal Republic of Germany with the exclusion of UN purchasing law.
c. It is agreed that the court of jurisdiction is Ludwigshafen (Germany), insofar as the Buyer is a merchant as defined by the German Commercial Code (HBG). If the Buyer is not a merchant as defined by the German Commercial Code (HBG), the legal regulation regarding the court of jurisdiction shall apply.
d. If individual provisions of these Terms and Conditions and/or the contract supplemented by them are or become ineffective, the validity of the other provisions shall not be affected.
Status: November 2014
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law cosmopop and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect cosmopop liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless cosmopop, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
cosmopop shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of Germany and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the German courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and cosmopop. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of cosmopop.
ONLINE DISPUTE RESOLUTION - EUROPEAN COMMISSION
1. Scope of the House Rules
a. The House Rules apply to anyone attending an event of cosmopop GmbH, Lagerplatzweg 3, 67059 Ludwigshafen, Germany (referred to hereafter as the Organizer) or entering the event site used by the Organizer, including car parks and routes to the event location.
b. By purchasing a ticket to the event (purchase agreement with a third-party vendor), you recognize the validity of these House Rules. The same applies if you enter the event site in other cases.
c. The authority over the premises lies with the Organizer. The hired security staff are authorized to exercise and enforce the House Rules, in particular ejecting and escorting persons from the premises in accordance with these House Rules or the legal regulations.
2. Conditions of Entry
a. Entry will only be permitted upon presentation of a valid and original event ticket and only if you fulfil these conditions of entry.
b. You consent to a search of your clothing and any bags and containers you have brought with you.
c. The Organizer/the security staff are authorized to demand appropriate proof of identification (e.g. ID card, passport) to verify your age.
d. The Organizer can refuse entry if:
(1) you refuse a search of your clothing, utensils or containers,
(2) you do not possess a valid event ticket,
(3) you refuse to show valid identification when asked to prove your age,
(4) you are evidently under the influence of alcohol, drugs or other intoxicating substances,
(5) you are carrying any weapons or other prohibited items,
(6) you are barred from the premises,
(7) you evidently intend to disrupt the event, engage in or incite violence,
(8) you have been observed, prior to entry, making racist, hateful, xenophobic or sexual statements in word, image or behavior, or if you evidently intend to make such statements,
(9) you evidently intend to violate the House Rules in any other way.
e. In this case you will not be entitled to a refund of the ticket price.
3. During the Event
a. You must behave in a manner that does not harm, endanger or aggravate the Organizer, other guests or third parties.
b. Instructions from the Organizer and security personnel must be followed at all times.
c. Fire protection equipment and safety equipment must not be moved, obstructed, covered or otherwise compromised or misused, even temporarily.
d. It is prohibited to
(1) interfere with the smooth running of the event,
(2) smoke indoors, except in the marked smoking areas,
(3) commit criminal, disorderly or generally undesirable acts or to aid or incite others to do so,
(4) light fires, fireworks or pyrotechnic articles
(5) deface, damage or remove equipment and facilities.
(6) contaminate the festival site,
(7) carry out promotion or advertising of any kind or distribute flyers or other materials, unless this has been expressly permitted in writing by the Organizer prior to the event,
(8) make photographs, film or speech recordings of third parties,
(9) make recordings of the event,
(10) bypass barriers, obviously access areas closed to festival guests or help others to do so,
(11) urinate or defecate outside of the toilet facilities.
e. If you are in breach of these rules, the Organizer may eject you from the premises. In this case you will not be entitled to a refund of the ticket price.
f. The Organizer’s right to claim for damages remains unaffected.
4. Prohibited Items
a. Guests are prohibited from carrying, bringing and/or using the following items:
(2) items that could be used as a weapon
(3) drugs and narcotics – except for medicines in their original packaging
(4) fireworks, pyrotechnic material, flares, flammable liquids and gases
(5) poles and sticks – except where required due to impaired mobility
(6) bulky items, unless expressly permitted via the Info section of the website
(7) flags, posters, banners and the like – except fans’ DJ banners
(8) individual or uniform clothing or other items intended for expressing opinions or advertising, unless expressly permitted by the Organizer prior to the event (in which case you must be able to produce written approval from the Organizer)
(9) advertising materials of any kind, particularly flyers, unless expressly permitted by the Organizer prior to the event (in which case you must be able to produce written approval from the Organizer)
(10) masks and motorbike helmets
(11) electrical or other devices that can emit sound, noise, music or odors
(12) video cameras larger than regular cell phone cameras or hand-held cameras – unless you produce written approval from the Organizer
(13) drinks and food of any kind, unless this is required for specific medical or health reasons, in which case you must be able to produce the relevant proof.
(14) animals of any kind and size, except where this is evidently a guide dog
(15) other items that could be used to interfere with the smooth running of the event
b. You can find out what items are permitted by checking the Info section of the website or enquiring with the Organizer.
c. The Organizer reserves the right to exclude individual items on site for safety reasons.
d. If you hand over items to the Organizer, they will be held at your risk. When holding items, the Organizer shall be liable for gross negligence and intent only. You may only collect items you have handed in upon production of the relevant receipt.
5. Payment System at the Event
a. At the event you pay for drinks and food using tokens available to buy on the festival site for the specified price.
b. The tokens can only be returned during the event at the specified return points on the festival site. Token returns are limited to a maximum value of 10 euros per person. Any other form of token returns is excluded.
c. Should the event be interrupted after it has begun and the event site be unexpectedly evacuated for safety reasons, you will receive information on how to return unused tokens via the website.
6. Recordings by the Organizer
The Organizer will produce photos and videos of the event and the guests and publish these on its website and in its promotional materials. By attending the event, you consent to this usage.
a. You are advised to acquaint yourself with the available and marked escape routes prior to the event or upon entry.
b. Instructions from the Organizer and security personnel or police must be followed at all times.
c. This is a music event. Music may, due to its volume, cause health and hearing damage. Basic earplugs are available for festival guests. Be advised that remaining in close proximity to the sound system for a long time is harmful to your health.
8. Liability of the Organizer
a. The Organizer is only liable for hearing or other health damage due to noise if the Organizer and its agents are guilty of intent and gross negligence or if a public safety obligation has not been fulfilled.
b. In other respects, the Organizer is not liable for property and financial damage caused by the Organizer or its agents due to slight negligence. However, the Organizer is fully liable for physical injury.
c. The Organizer is not liable for theft occurring on the festival site, in particular from the provided coat check containers, so long as the Organizer has not evidently or expressly undertaken a storage obligation. In the case of items withheld at entry, the Organizer is not liable for slight negligence by the Organizer or its agents.
Status: November 2014