Terms and conditions
1. Scope of application
These General Terms and Conditions (Terms) of Business apply to all orders made via the online shop of the website summer-breeze.empticketing.de.
The contractual partner for all orders is the company E.M.P. Merchandising Handelsgesellschaft mbH (hereinafter “EMP”). These terms specifically exclude the sale of tickets for the Summer Breeze Festival (referred to hereinafter as “the festival” or “the concert”). EMP markets these tickets as the representative of SILVERDUST GmbH, of Schulstr. 11, D-73084 Salach, Germany (hereinafter “Silverdust”). The contractual partner for these ticket sales is therefore Silverdust, and not EMP. Any and all claims arising from the purchase of such tickets should consequently be submitted to Silverdust. EMP furthermore concludes a contract with you, on behalf of Silverdust, with respect to the terms and conditions established in clauses 7.3 to 7.7, which mainly concern, but are not limited to, the code of conduct for those attending the festival.
If, in addition to the tickets, a product should be acquired via the online shop, Silverdust shall be the contractual partner for such tickets and EMP the contractual partner for any other item(s). EMP shall furthermore enter into a contract with you, on behalf of Silverdust and in accordance with the terms and conditions set out in clauses 7.4 to 7.8, that mainly concern, but are not limited to, the code of conduct to be observed at the festival.
The Terms currently in force at the moment of ordering shall apply. The exclusive contractual language is German.
Summer Breeze tickets may be ordered from any country. All other articles may only be ordered from, and likewise delivered to, addresses in Germany.
Please use the following links to access customer information, instructions regarding your right of withdrawal and our privacy statement.
2. Conclusion of contract
2.1 Ordering procedure
When browsing our web shop, click on “Add to Cart” to make a provisional, non-binding order of the item concerned. You can display the shopping cart at any time, and delete individual articles once more. Click on “Checkout” to start the actual ordering processes.
You will now be asked to enter your personal details. You can also create a customer account, or log into a previously registered account. You should now select your chosen method of payment.
You will see your entered data once more on the “Order now” page. You can jump back at any time to amend the details that you have entered, or to cancel the order (by exiting our website or closing your browser). Click on “Buy now” to finalise your order and make it legally binding.
Once your order has been received, we will send you a confirmation e-mail. This does not yet mean you have entered into a contract, however. We will save your contractual text (i.e. the contents of your order and these Terms).
2.2 Entry into force of the contract
The period of validity of our promotional offers, which may be limited by amount of stock or availability, can be verified by visiting our online shop.
Despite careful stock planning, an article may sell out earlier than envisaged. EMP can therefore offer no guarantee of delivery. The rule is “while stocks last”. Please note that this is particularly true for special offers and promotions.
The display of articles in our online shop does not therefore represent a contractually binding offer on our part, but merely an invitation to place an order. The contract between us does not come into force until EMP has expressly accepted your order or delivered the corresponding item(s) as specified.
3. Prices, shipping costs and payment
There is no minimum order value.
The prices quoted in our online shop are in euros and include VAT (currently 19%, or 7% in the case of books and periodicals). The purchase price for all orders is also subject to a flat-rate service and shipping charge (hereinafter “the service charge”), which is €5 for shipping addresses in Germany and €10 for items sent elsewhere. This one-off charge applies regardless of the number of items delivered.
Customers resident in Germany can pay by immediate bank transfer, credit card, PayPal or direct debit (up to €500). Please refer to our terms and conditions of payment for further details.
Orders from outside Germany must be paid for using either PayPal or a credit card.
4. Delivery and delivery time
We normally despatch all items belonging to an individual order in the same package.
Our deliveries within Germany are handled by Deutsche Post/DHL. Deutsche Post will make one attempt to deliver. If you are not at home, it will leave a collection card. This contains details of the branch of Deutsche Post where you can pick up the package. Your package will remain available for collection for one week. For further information, please go to www.dhl.de.
Delivery time in Germany: We will deliver your shipment within four (4) working days of receipt of the corresponding order and payment, unless otherwise indicated.
Delivery time outside Germany: We will deliver your shipment within four (4) to seven (7) working days of receipt of the corresponding order and payment, unless otherwise indicated.
You will receive information on the articles offered as well as their availability.
5. Warranty and liability
IMPORTANT: No guarantee is offered as to the suitability of any product for a specific purpose.
In the case of tickets to events, EMP acts only as an intermediary (see clause 7.1). Warranty claims should be submitted in each case to the contractual partner concerned.
EMP shall be liable without restriction for death, injury or damage to health arising from negligence, and also as established in product liability law. We shall only be liable for other loss or damage if such loss or damage is attributable to misrepresentation or gross negligence on our part or that of our legally appointed agents or representatives. EMP shall furthermore be liable for minor infringements of main contractual conditions (i.e. those obligations on whose fulfilment the correct implementation of the contract as a whole depends and on whose fulfilment the parties to the contract concerned may rely on a regular basis). EMP shall, however, only be liable in such cases for loss and damage normally envisaged by a contract of this type.
6. Right of withdrawal and return
6.1 Right of withdrawal and exceptions
You can withdraw your order, in accordance with the corresponding legislation, without giving any reasons. For details of how to cancel, please click here.
In addition to your statutory right of withdrawal, we voluntarily allow you an extended 30-day period in which you can withdraw your order for articles which fall under the statutory right of withdrawal. This offers the same terms and conditions as your statutory right of withdrawal, but has been extended to 30 days.
IMPORTANT: This right of withdrawal DOES NOT apply in the following cases: (i) to sealed audio or video recordings (e.g. CDs, LPs and DVDs) or to software (e.g. games), if you have broken the seal; (ii) to event tickets of any kind (e.g. concerts, especially, but not limited to, tickets for theSummer Breeze Festival, cf. clause 7); (iii) to the delivery of non-prefabricated items whose production involves individual selection or customisation by you, to an extent that makes them suitable only for personal and individual use; or (iv) to the delivery of sealed items that the requirements of health and safety or hygiene make unsuitable for return if their seals have been removed (e.g. piercings and contact lenses).
6.2. OUR VOLUNTARY UNDERTAKING TO ACCEPT RETURNS
EMP has voluntarily extended the time you have to return unwanted items to 30 days provided these items fall under the statutory right of withdrawal. This does not affect your statutory rights. (Please note that tickets to the Summer Breeze Festival are not subject to the right of withdrawal and therefore cannot be returned!). If our voluntary undertaking to accept returns is more beneficial for you, we shall apply it to any order that you might cancel. As part of this voluntary undertaking to accept returns, we will cover the cost of the return, provided you use our Returns Centre for items sent back from within Germany, or if the purchase price of the items you are returning from any location is at least €40 in total. At any event, the same terms and conditions as your rights established in law (see above for details on right of withdrawal) shall apply to our voluntary undertaking to accept returns, the difference being that the period has been extended to 30 days.
6.3 Returns procedure
In order to exercise this right, you must give clear notice of your intention to return an item. This can be done, for example, by completing the cancellation form and returning it to EMP. If you return the item to us without comment (i.e. without specifying, for example, that the item concerned is defective), this will likewise be accepted as a notification of withdrawal.
For returns from within Germany, please go to EMP’s returns page to create the corresponding form. You are not obliged to use this return form.
Simply enter your address, print out the automatically generated label and stick this on the packet concerned. If you are returning the item from within Germany, you can send it free of charge from any branch of Deutsche Post. You can also send it from a self-service Packstation kiosk.
You can also pay the return costs yourself and return the article via a courier or other service provider of your choice. EMP will pay the corresponding fees if the complaint is justified or you are exercising your right of withdrawal.
6.4 Blank cancellation form
You can exercise your right of withdrawal by using this form, or by writing your own right of withdrawal or, as agreed in the Terms, by merely returning the item(s) concerned without comment, provided you do so within the corresponding time limit.
Please note, however, that the right of withdrawal does not apply to the ordering of tickets.
The display and printing-out of returns information will require Adobe Acrobat Reader. This can be downloaded free of charge by clicking here.
7. Ordering tickets for the Summer Breeze Festival
EMP markets tickets for the Summer Breeze event on behalf of Silverdust.
7.1 Tickets for services provided by SILVERDUST
Silverdust is the sole representative of the Summer Breeze Festival and therefore the contractual partner for the ticket buyer. EMP is not liable for the proper organisation of the event.
Tickets are marketed and sold by EMP on Silverdust’s behalf. Agreement with the terms and conditions set out in clauses 7.3 to 7.7 regarding attendance at the festival (event agreement), is likewise reached between us, acting on behalf of Silverdust, and the ticket buyer. The contract regarding tickets and the corresponding event is therefore between the buyer and Silverdust. All rights and obligations arising from such contracts therefore concern only Silverdust and the buyer, and not EMP. EMP shall not, in the course of the ticketing procedure, supply any services with respect to the offer or sale of tickets, or their conveyance to the buyer.
7.2 Collection of payment
Each ticket order shall be legally binding once confirmed, with the corresponding obligation to accept the ticket and settle payment.
EMP has been expressly authorised by Silverdust to collect all payments resulting from the sale of tickets.
If a ticket buyer falls into arrears regarding the payment of the ticket(s) concerned, or cancels a bank transfer for payment of the ticket(s), Silverdust shall assign to us the payment claim against the ticket buyer and notify that ticket buyer that such assignment has taken place. We shall then be entitled to enforce the corresponding payment claims on our own behalf.
Ticket buyers who fall into arrears with payment shall be liable, as of the second reminder, to pay us a service fee of €5.
7.3 Support for the Summer Breeze Festival
Please contact Silverdust if you have any queries regarding the festival (by calling +49 7162 400 60, or by using the contact form available at http://www.summer-breeze.de/de/kontakt).
7.4 Right to refuse entry
Even though you have purchased a valid ticket, Silverdust shall be entitled to refuse you entry to the festival if Silverdust has banned you from entry or ordered you to stay away from the event and/or if the ticket buyer intends to commit criminal offences at and/or in connection with the festival. No ticket refunds will be granted in these circumstances.
7.5 Silverdust’s terms and conditions
By accepting these Terms, the ticket buyer also accepts the following terms and conditions of Silverdust (also referred to as “the event organiser”):
7.5.1 Children between 0 and 6 years of age will not be admitted into the concert area. Children between 7 and 16 years of age will only be admitted if accompanied by a parent or legal guardian. Young persons aged 16 and above without a declaration of consent signed by a parent or legal guardian will be admitted until 12 o’clock midnight. The laws governing the protection of young persons in public places shall apply at all times.
7.5.2 The event organiser has no influence over the nature, length or content of individual performances.
7.5.3 Concert goers may be exposed to high volume sound which may result in hearing loss or health risks. Visitors can obtain earplugs for this purpose free of charge at the entrance.
7.5.4 No glass containers, bottles, pyrotechnics, flares, weapons or weapon-like items (including, but not limited to, axes, baseball bats and power saws, etc.) shall be allowed onto the site. Failure to obey will result in expulsion from the festival site. The carrying and use of equipment for the recording and/or reproduction of sound (other than conventional in-car audio equipment) is likewise prohibited. Members of security staff shall be entitled to confiscate brought-in musical equipment and retain it for the duration of the festival. Additional security checks will be carried out at the entrance to the concert area. Members of security staff are authorised and instructed to carry out pat-down body searches. Each person entering the concert area may carry one half-litre plastic bottle or Tetrapak-type container.
7.5.5 The right to refuse entry on important grounds (subject to refund of the face value of the ticket) is reserved.
7.5.6 The carrying of sound-recording equipment and professional cameras, video recorders and digital-imaging equipment is prohibited. No recording of images or sound, even for private use, is allowed. Infringement may result in criminal prosecution. Simple digital cameras without interchangeable lenses (i.e. no professional equipment or video cameras) will be allowed.
7.5.7 If anyone is found to be in a restricted area without the corresponding authorisation, the event organiser reserves the right expel the person(s) concerned from the festival site as a whole. No claims for refund of the ticket price will then be accepted.
7.5.8 Tickets lose their validity if the holder leaves the festival site. Readmission is only possible with a valid bracelet.
7.5.9 The purchase of the ticket to the event creates an exclusive contractual relationship between the purchaser and/or holder of the ticket and the organiser of that event.
7.5.10 Tickets can only be returned if the event is cancelled. Only the face value of the ticket will be refunded. The flat-rate service and shipping charge shall be subject to clause 7.6.
7.5.11 The organiser reserves the right to change the location and/or scheduling of the event. The flat-rate service and shipping charge shall be subject to clause 7.6.
7.5.12 The event organiser reserves the right to change the programme without advance notice.
7.5.13 Instructions issued by car-park marshals when entering with a vehicle must be observed at all times.
7.5.14 Vehicle parking is at your own risk. The event organiser shall not be liable for loss or damage caused by other vehicles, other visitors or other third parties.
7.5.15 Use of the campsite is at your own risk. The event organiser shall not be liable for loss or damage caused by other vehicles, other visitors or other third parties.
7.5.16 Camping at the event is only permitted in the designated areas. The instructions issued by the persons in charge must be followed at all times. Camping in the surrounding fields and/or on private land is strictly prohibited. Anyone infringing this rule may be subject to prosecution by the landowner concerned.
7.5.17 The camping areas are provided for the exclusive use of festival visitors with a valid entry ticket. Note that camping without a valid entry ticket to the festival is not possible.
7.5.18 The festival area will be open from 10 am on Wednesday, 12th August 2015. The event organiser asks visitors not to attempt to access the site before this time and date. Visitors must depart by no later than 2 pm on Sunday, 16th August 2015.
7.5.19 The use of musical equipment between 1 am and 7 am is strictly prohibited. Persons infringing this rule will be expelled from the site. This does not apply to equipment used with headphones.
7.5.20 The event organiser shall not be liable for items lost or stolen in the concert area or on the campsite.
7.5.21 Visitors bringing in vehicles and/or tents should occupy their plot in such a way that they do not block emergency accesses or paths leading to toilets and washrooms. If visitors fail to observe these regulations, the event organiser reserves the right, at its sole discretion, to tow away offending vehicles at the expense and risk of the visitor concerned.
7.5.22 No tipping of refuse (especially, but not limited to, bulk waste/household furnishings/appliances, etc.). Offenders will be prosecuted. Rubbish bags will be provided free of charge at the entrance. These should be deposited at the refuse-collection points indicated on the ground plan of the site.
7.5.23 The event organiser reserves the right to expel from the festival site as a whole, and also to prosecute, any visitor found to have damaged or misused property belonging to the organiser. No claims for refund of the ticket price will then be accepted.
7.5.24 The distribution of flyers, promotional CDs, free samples, etc. is prohibited throughout the festival site without the written permission of the event organiser.
7.5.25 The offering for sale of goods of any kind (including food and drink) is strictly prohibited throughout the site.
7.5.26 Tickets must only be used for private purposes. The resale for profit/further commercial distribution of concert tickets is not allowed. Concert tickets must not be offered for private sale at a price higher than their printed face value, plus verifiable presale charges applying to the acquisition of the ticket. Infringement of these conditions shall lead to the non-refundable loss of all right of access to the event(s) concerned. The ticket shall then be void.
7.5.27 By accessing the festival site, visitors consent to their possible appearance in photographic images and/or audiovisual material, which may be published at a later date.
7.5.28 The so-called “Infopoint” on the festival site (see ground plan) is used to supply updated information, and also serves as a lost-property office and point of reception for comments and complaints.
7.5.29 Please go to www.summer-breeze.de and click on “Festival-ABC” to obtain all information required (including a ground plan, etc.) for your trouble-free stay onsite.
7.5.30 Instructions issued by festival staff and security personnel must be followed at all times.
7.5.31 Entry tickets are only valid with the corresponding stamped/embossed code.
7.5.32 Glass objects are prohibited throughout the festival, concert and camping areas!
7.6 No flat-rate service and shipping charge refunds
No flat-rate service and shipping charges will be refunded in the event of cancellation, rescheduling or relocation of the festival. This does not apply for a culpable breach of duty of Silverdust
7.7 Infringement of the Terms of EMP and/or the event organiser
Any and all infringements of these Terms, especially, but not limited to, the terms and conditions of the event organiser, may lead to the loss of rights arising from possession of the ticket, especially, but not limited to, the loss, without refund of the ticket price, of the right to attend the festival. We furthermore reserve the right to cancel the purchase of the ticket if you infringe any of our terms and conditions or those of the event organiser, or attempt to avoid any of the restrictions imposed (including, but not limited to, the limit on the number of tickets per customer and/or the registration of multiple user profiles and/or attempts to avoid the prohibition on resale, etc.). Confirmation of contractual cancellation/withdrawal may also be made by issuing a credit note for the amounts paid.
8. Privacy / Data protection
Any and all use on our part of your data, other than in the context of this contract, shall require your consent. For further details, please refer to our privacy statement.
9. Final provisions
If your place of residence, as a private end-customer, is outside the European Union, legal jurisdiction shall correspond to our registered place of business. Legal jurisdiction shall otherwise correspond to your place of residence, without this affecting your right to bring legal claims against us at our registered place of business.
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None other than the E.M.P. Merchandising Handelsgesellschaft mbH and its affiliates shall be eligible to reproduce, use, disclose and distribute the materials contained in this website. The use or misuse of these materials except as expressly authorised is prohibited. E.M.P. Merchandising Handelsgesellschaft mbH and its affiliates enforce their intellectual property rights to the fullest extent of the law.