General Terms & Conditions
General Terms & Conditions
- Scope of Application
1.1 The present General Terms & Conditions (GTC) shall apply to all legal relationships between Sharing the Presence e.V., Wardenburger Str. 24, D-26203 Wardenburg, Germany (hereinafter: “Provider”), and the customers in connection with the Celebrate Life Festival realised by the Provider in Oberlethe.
1.2 The GTC shall apply, in particular, to the participation of customers (also referred to as “participants”) on site in the Celebrate Life Festival realised by the Provider in Oberlethe (on-site participation).
1.3 The GTC shall further apply to all products and services provided by the Provider on the www.celebrate-life.info website (digital contents not delivered on a physical data storage medium), in particular to
- the downloading of video files at the time of events of the Provider (live) or afterwards from a multimedia library (video on demand), for being viewed without being permanently stored on a data storage medium of the customer (streaming), including conference calls and support services, and
- the downloading of video and audio files for being permanently stored on a data storage medium of the customer (download).
1.4 The GTC in the version applicable upon conclusion of the agreement between the customer and the Provider shall be authoritative. Where any reference is made to GTC of third parties, they shall prevail.
2. Conclusion of the Agreement and Registration
2.1 On-site participation (1.2): Once Sharing the Presence e.V. has accepted the order for an admission ticket, a contractual relationship shall materialise exclusively between the customer and Sharing the Presence e.V. The offer for the conclusion of an agreement at www.celebrate-life.info shall be placed by the customer clicking on the “Pay now” button. For an order placed via the Internet, the agreement shall materialise only after Sharing the Presence e.V. sends the order confirmation or admission ticket to the customer.
2.2 Web participation (1.3): The customer may book the participation for the Provider’s offerings described under 1.3 on the Provider’s website. Once Sharing the Presence e.V. has accepted the order for a live stream, a contractual relationship shall materialise exclusively between the customer and Sharing the Presence e.V. The offer for the conclusion of an agreement at www.celebrate-life.info shall be placed by the customer clicking on the “Pay now” button. Thereupon, the Provider shall send the customer an acknowledgement of receipt by e-mail which shall specify the order placed by the customer and may be printed out by the customer using the “Print” function of the customer’s e-mail application. The acknowledgement of receipt shall solely document that the customer’s order has been received by the Provider and shall not be deemed to be an acceptance of the request. The agreement shall materialise only by submission of the declaration of acceptance (order confirmation) by the Provider, but no later than upon provisioning of the service booked by the customer for streaming and/or downloading.
2.3 Any entitlement to acceptance of the returned or exchange of the admission ticket shall not exist.
3. Cancellation by the Organiser
Events of the Provider (1.1), whether on site (1.2) or as a digital offering on the Internet (streaming or downloading, 1.3), may be cancelled by the organiser due to short-term prevention or default of appearance of the speaker without the possibility of having recourse to a replacement speaker or due to force majeure. This shall be communicated to the participant without delay. Prepaid fees shall be immediately reimbursed. Section 441 (3) BGB (German Civil Code) shall apply, mutatis mutandis, to partial services.
Farther-reaching claims shall be excluded, unless liability is based on wilful intent, gross negligence, violation of essential contractual obligations or non-compliance with a guarantee of the organiser or any of the organiser’s auxiliary agents. Essential contractual obligations shall be any obligations whose fulfilment is essential for ensuring due and proper implementation of the agreement in the first place and on compliance with which the contracting partner regularly relies and may regularly rely.
The organiser shall be entitled to substitute speakers or to postpone dates in the schedule for a valid reason, e.g. if the speaker has fallen ill, provided that this is reasonable for the participant.
Furthermore, events may be cancelled or discontinued by the organiser due to any non-issuance or withdrawal of approvals by a court, under administrative or private law or any prohibitions of the event that had not been foreseeable upon conclusion of the agreement, where compliance with the requirements or remedy of the reasons is not possible for the organiser at all or only with an unreasonably great deal of economic or organisational effort. The same shall apply in case of weather conditions where any risk for body and health of the participants cannot be excluded with a reasonable deal of economic effort either. Furthermore, the organiser reserves the right to cancel events in case of any endangerment to the participants due to misconduct by others or any threat of escalation caused by excessive gatherings of people, unless this can be remedied by a reasonable deal of economic effort.
4. Right of Withdrawal for Consumers
Instructions on the Right of Withdrawal
Right of Withdrawal
You shall have the right to withdraw from this agreement within thirty days without giving reasons.
The period of withdrawal shall be thirty days from the date the agreement is concluded.
To exercise your right of withdrawal, you must inform us,
Sharing the Presence e.V.,
Wardenburger Str. 24
D-26203 Wardenburg,
telephone number: +49 4407 716094
telefax number: +49 4407 716095,
e-mail: info@sharingthepresence.com,
on your decision to withdraw from this agreement by means of an unambiguous statement (e.g. by a letter sent by mail, telefax or e-mail). To this end, you may use the enclosed sample withdrawal form which, however, shall not be mandatory.
The withdrawal period shall be deemed observed if you send the notification of the exercise of the right of withdrawal prior to the expiry of the withdrawal period.
Consequences of the Withdrawal
If you withdraw from this agreement, we shall pay back to you all payments received by us from you, including the delivery costs (except for additional costs resulting from the fact that you have chosen any method of delivery other than the most favourable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which the notification of your withdrawal from this agreement has been received by us. To effect such repayment, we shall use the same means of payment as has already been used by you for the initial transaction, unless anything to the contrary has been explicitly agreed upon with you; we shall not invoice to you any fees due to such repayment in any case.
If you have requested that the services be started to be rendered during the period of withdrawal, you must pay to us a reasonable amount equalling the ration between the proportion of the services already rendered up to the point in time at which you notify us of the exercise of the right of withdrawal regarding this agreement and the overall scope of the services provided for in the agreement.
– End of the Instructions on the Right of Withdrawal –
Sample Withdrawal Form
(If you want to withdraw from the agreement, please complete this form and send it back to us.)
To
Sharing the Presence e.V.,
Wardenburger Str. 24
D-26203 Wardenburg,
telefax number: +49 4407 716095,
e-mail: info@sharingthepresence.com
I/we (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*) / provisioning of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the customer(s) (only in case of a notification in paper form)
Date
(*) Please delete as applicable.
5. Prices and Payment
5.1 The fee to be paid by the customer shall be governed by the special terms agreed between the parties upon conclusion of the agreement. Unless agreed otherwise, the fee is to be paid by the customer in advance and shall become due immediately upon conclusion of the agreement.
5.2 The customer may effect payments by credit card, Sofortüberweisung (immediate transfer) or SEPA direct debit.
5.3 If payment of the total amount is received late, the Provider shall be entitled to assign the admission ticket to another customer without compensation while reimbursing the purchase price.
6. Technical Prerequisites and Services of the Provider
6.1 The Provider shall enable retrieval of (live) streams, of contents from the multimedia library on its website and of downloads. To make use of such services, the customer will need Internet access. Acquisition and maintenance of the Internet access and of the hardware required by the customer shall be the latter’s responsibility.
6.2 The costs required to set up and maintain the Internet connection on the customer’s part shall be borne by the customer.
6.3 Broadcasting of video streams shall be basically effected according to the following technical specifications:
Format: H.264+AAC (video+audio)
Protocols (for live and streaming on demand) RTMP/HDS (flash), RTSP (Android), HLS (iOS)
Resolution / bit rate (mean values):
- 320×180 / 155 kbits/s
- 640×360 / 532 kbits/s
- 1024×576 / 1315 kbits/s
- 1280×720 / 4050 kbits/s (only for on demand / download)
6.4 The customer shall ensure that the customer’s Internet access and the hardware required by the customer meet the minimum system prerequisites and, in particular, that the appropriate transfer speed will be guaranteed. The following minimum system prerequisites shall be recommended:
- Computer processor: from 2 GHz
- Browser: Internet Explorer or Mozilla Firefox (latest version) incl. Flash Player from version 10
- Internet connection incl. a minimum bandwidth of 2000 kbits/s or higher
One of the following players:
- Flash Player 10 or higher
- iPhone/iPad/iPod touch iOS version 3.0 or higher
- Safari 4.0 or higher
- Android 4.1.1 or higher
If the minimum system prerequisites are not met, this may result in quality losses, failures or downtimes.
6.5 The Provider shall not assume any warranty or liability for any failures arising while use is made of the Provider’s services that are attributable to system requirements being not nor not sufficiently met. The Provider shall not be liable for any failures in the data transfer that arise due to technical faults or configuration issues on the customer’s part either.
6.6 The Provider shall not be liable for the security and continued existence of any data communication between the Provider and the customer that is conducted via communication networks of third parties either.
6.7 If failures arise on the Provider’s part while providing a live stream, the Provider shall endeavour to remedy them within the realm of its technical possibilities. If the Provider is unable to immediately remedy a failure for technical reasons and it is not possible for the customer to use the video stream at all or only with significant impairments, the Provider shall endeavour to make the video broadcast available to the customer as video on demand stream in the multimedia library as quickly as possible. The customer’s legal rights to cure, rescission, price reduction and damages shall remain unaffected in this respect.
7. Copyrights, Trademark Rights, Time-Limited Use
7.1 The contents made available by the Provider to the customer pursuant to 1.3 shall be protected by law, especially copyrights and ancillary copyrights. The customer shall be obliged to observe and undertakes to not infringe the existing copyrights and ancillary copyrights.
7.2 The customer may retrieve, use and, in case of downloading, store contents only for own use. This shall be governed by the limits of Section 53 UrhG (German Act on Copyright and Related Rights).
7.3 The customer shall not be authorised to modify, reproduce for third parties, make accessible to third parties, forward to third parties, sell or commercially use in any other form the works made available for downloading or streaming. Copyright notices or trademark names must be neither altered nor removed.
7.4 Unless agreed otherwise, the customer’s entitlement to download or stream the works, especially those made available in the Provider’s multimedia library, shall end six months after the agreement has been concluded between the customer and the Provider (time limitation).
8. Term and Termination of the Agreement
8.1 The contractual relationship shall end after the period specified in the relevant product description.
8.2 The right of extraordinary termination for good cause shall remain unaffected in this context.
9. Liability
9.1 In case of slight negligence, the Provider shall be liable only for the violation of life, body or health, the violation of essential contractual obligations and for damage based on the lack of a warranted characteristic. Essential contractual obligations shall be any obligations whose fulfilment is essential for ensuring due and proper implementation of the agreement in the first place, whose violation jeopardises attainment of the purpose of the agreement and on compliance with which the customer regularly relies. In addition, the Provider’s pre-contractual, contractual and non-contractual liability shall be limited to damage based on wilful or grossly negligent breaches of duties by the Provider, its legal representatives or auxiliary agents.
9.2 The regulations of the German Product Liability Act shall remain unaffected.
10. Notification Duties of the Participant
This is to notify the customer that the issues discussed and the processes dealt with during the Provider’s events shall not be intended to diagnose and treat any medical and mental illness. Given a reasonable indication, the customer shall be appealed to assume personal responsibility for consulting a qualified and adequately trained medical practitioner, non-medical practitioner or health care professional.
The customer undertakes to notify the Provider prior to making use of the booked service whether the customer is under mental health or psychiatric treatment and/or on psychotropic drugs (medication).
11. Notes on Data Processing
11.1 The Provider may collect data of the customer while implementing agreements. In doing so, it shall comply with the provisions applicable under privacy law, especially the regulations of the German Federal Data Protection Act (BDSG), of the German Telecommunications Act (TKG) and of the German Telemedia Act (TMG). The Provider shall collect, process or use personal data without the customer’s consent only to the extent that this is necessary to implement the contractual relationship and to make use of and bill telemedia services.
11.2 The Provider shall not use data of the customer for advertising, market or opinion research without the customer’s consent.
11.3 Upon purchase of any ticket, personal data of the customer (name, e-mail address) will be transferred to the Eventbrite organiser (http://eventbrite.com). Using the Zapier automation service (http://zapier.com), ticket sales including the associated e-mail address will be entered in a SQL database of the Free MySQL Hosting provider (https://www.freemysqlhosting.net/) and in the SQL database of the WordPress installation of the Celebrate Life Festival (http://celebrate-life.info). In this way, the customer shall be enabled to view live streams of the Celebrate Life Festival on the www.celebrate-life.info website using the Video-Stream-Hosting streaming service (https://www.video-stream-hosting.com). Personal data of the customer (name, e-mail address) will also be transferred to the Freshdesk service provider (http://freshdesk.com) upon any interaction with the support system of the Celebrate Life Festival.
11.4 In addition, in terms of any consents of the customer and further information on data collection, processing and use, reference is made to the privacy policy available on the Provider’s www.celebrate-life.info website in printable form at any time via the “Privacy Policy” button.
12. Applicable Law
These GTC and any agreement between the Provider and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Law.
13. Final Provisions
13.1 The Provider’s GTC shall apply exclusively; conflicting or deviating General Terms & Conditions of the customer shall not apply. This shall also apply if the Provider does not explicitly object to the inclusion. Where products or services of third parties are offered by the Provider or rendered by third parties, their General Terms & Conditions shall take precedence.
13.2 The place of performance shall be the Provider’s registered office.
13.3 Where the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes from contractual relationships between the customer and the Provider shall be the Provider’s registered office in D-26203 Wardenburg,
13.4 If individual provisions of these GTC are ineffective, this shall not affect the validity of the remaining provisions. To replace the ineffective provision, the parties to the agreement shall endeavour to find an effective one, which shall come closest to the economic conceptual content of the ineffective provision.
13.5 Dispute resolution: the EU Commission has created an Internet platform for online dispute resolution. The platform serves as a point of contact for the extrajudicial resolution of disputes related to contractual obligations accruing from online purchase and service agreements. More detailed information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in any dispute resolution proceedings before a consumer arbitration board.
14. Entry into Force
These GTC shall enter into force as of 01/02/2019 and shall replace any previous versions.