(1) These General Terms and Conditions (“GTC”) shall apply to all orders for physical products (“Goods”) placed by you as a purchaser in the online shop of HMD Speakeasy GmbH as the operator of the website www.partylikegatsby.eu or https://www.partylikegatsby.eu (“Our Website”) (“we”,”us”) as well as to the purchase of tickets for events, shows, parties and events (“Tickets”) organised by HMD Speakeasy GmbH (“Goods and Tickets”) (“Goods and Tickets together the”).
(3) Our deliveries, services and offers are made exclusively on the basis of these GTC. We do not recognise any terms and conditions that contradict or deviate from our General Terms and Conditions unless we expressly agree to their validity in writing.
(4) You can call up and print out the currently valid General Terms and Conditions of Business on the website https://www.partylikegatsby.eu/terms-and-conditions/
A. General; Conclusion of Contract
(1) You can register on the website www.partylikegatsby.eu (“Website”) and create a user account. Registration is optional and free of charge. With the registration, a free usage contract between you and us is concluded.
(2) Natural persons and persons of legal age may only register on the website. They must therefore have unlimited legal capacity. Minors are only allowed to access the site with the express written consent of their legal guardians. Upon our request, you will send such a declaration of consent to email@example.com The legal guardians are solely responsible for the actions of minors and bear the consequences of any misconduct. If you are acting on behalf of a third party (e. g. for a company that wants to purchase an offer via the website), you must be authorised to register and use the services for the third party. There is no entitlement to registration.
(3) You must provide all requested data completely and truthfully when registering. If you provide false information, we are entitled to restrict, block or delete the user account. We will take into account your legitimate interests and your fault when choosing the measure.
(4) When registering, choose a user name and password (“User data”). User names whose use infringes the rights of third parties – in particular name and trademark rights – or which violate the law or public order in any other way are not permitted.
(5) After completing the registration you will receive a confirmation by e-mail. You are obliged to treat the user data confidentially and to protect it from unauthorized access by third parties. You are obliged to inform us immediately if there are indications of misuse of your user account by third parties.
2 Deleting the user account
In case of a registration according to § 1 of these terms and conditions, you can delete your user account at any time without giving reasons. Please send an email to: firstname.lastname@example.org.
3 Conclusion of contract
(1) The offers on our website constitute a non-binding invitation to you to order goods and/or tickets via our webshop. The desired goods can be selected by clicking on the button “into the shopping cart”. You can then display the goods or tickets that have already been placed in your shopping cart by clicking on the shopping cart icon in the upper right corner.
(2) By clicking on the button “Order now subject to payment” you make a binding offer to purchase the goods in the shopping cart or to acquire the right to visit the shop in the form of the respective ticket (“purchase offer”).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm the receipt of your order. This order confirmation does not yet represent an acceptance of your purchase offer.
(4) The acceptance of your purchase offer and the conclusion of the contract shall only take place in a further step if we expressly declare acceptance or if we send the goods or the ticket to you – without prior express declaration of acceptance.
(5) Our offer is aimed at natural and adult persons. They must therefore have unlimited legal capacity. Minors are only allowed to access the site with the express written consent of their legal guardians. Upon our request, you will send such a declaration of consent to email@example.com The legal guardians are solely responsible for the actions of minors and bear the consequences of any misconduct. If you are acting on behalf of a third party (e. g. for a company that wants to purchase an offer via the website), you must be authorized to act on behalf of the third party.
4 Goods, tickets and prices
The prices quoted on the website include the statutory value added tax and other price components and are subject to the respective separately indicated shipping costs and handling fees and any other fees, to which we will also draw your attention separately.
5 Terms of Payment; Default
(1) PayPal and payment by credit card are available as means of payment.
(2) If you pay by credit card, the debit of your credit card account will only be made at the time when we send the goods or ticket (s) to you.
(3) Payments made with Paypal are subject to the terms and conditions of PayPal, which are referred to separately and can be called up on the website https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
(4) If you are in default with a payment, you are obliged to pay interest on arrears in the amount of 5 percentage points above the base interest rate.
You shall only be entitled to a right of set-off in the case of undisputed or legally binding claims or claims recognised by us or in the case of claims based on the mutual legal relationship with us.
B. Conditions for goods
1 Delivery; Shipping; Retention of title
(1) The delivery of the goods is always made to the address you have indicated within the European Union via a shipping service provider to be determined by us. In individual cases, additional taxes and/or customs duties may apply to cross-border deliveries. These are to be paid by the customer.
(2) Delivery shall be made within seven (7) days after payment of the respective purchase price. If the ordered goods are not in stock, we will endeavour to deliver them as soon as possible and in this case we will inform you of the delay within seven (7) days after payment of the respective purchase price.
(3) The goods remain our property until the purchase price has been paid in full.
2 Right of withdrawal
In the event that you are a consumer within the meaning of § 13 BGB, i. e. you make a purchase for purposes that cannot be attributed primarily to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.
This right of revocation does not apply to the purchase of tickets (see section C.).
right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reasons.
The period of revocation shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or has taken possession of them.
In order to exercise your right of revocation, you must inform HMD Speakeasy GmbH, Jägerstraße 71,10117 Berlin, e-mail: firstname.lastname@example.org by means of a clear declaration (e. g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed sample revocation form (link to form) for this purpose, which is not mandatory, however
In order to comply with the cancellation deadline, it is sufficient for you to send the notice of cancellation prior to the expiry of the cancellation deadline.
Consequences of the revocation
If you revoke this contract, we will refund to you immediately all payments received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), and at the latest within fourteen days from the day on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse to refund 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 HMD Speakeasy GmbH, Jägerstraße 71,10117 Berlin, immediately and in any case no later than within fourteen days of the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the end of the 14-day period.
You shall bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of their condition, properties and functioning.
End of the cancellation policy
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions.
(2) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
You must inspect the delivered goods immediately after receipt. If you discover any damage, differences in quantity or other defects, you are obliged to notify us immediately. If you omit to do so, the goods shall be deemed approved.
If the defect is a hidden defect that was not recognizable during the examination, notification must be made immediately after discovery. Otherwise, the goods shall be deemed to have been accepted even in view of this defect.
Defects in parts of the delivery cannot lead to a complaint of the entire delivery if the partial delivery is usable for you.
If a defect is attributable to us, we shall be entitled at our discretion to either remedy the defect or make a replacement delivery. They are not entitled to a reduction in price or withdrawal from the contract without our consent as long as a replacement delivery is possible and justifiable.
If the remedy of defects fails or if we are not prepared or unable to remedy the defect or deliver a replacement, you are then entitled to withdraw from the contract or to reduce the purchase price if we are responsible for the reasons for this. Any further claims, in particular claims for damages, including loss of profit or other financial losses, are excluded, insofar as the cause of damage is not due to intent or gross negligence, affects life, limb or health or you assert claims for damages which are based on the assumption of a guarantee.
General customary and technical deviations of the dimensions, colour and shape of the goods ordered do not constitute defects and do not entitle you to assert material defects or claims for damages.
Returns may only be made after our prior consent. This also applies to goods for which a right of return has been expressly agreed.
C. Ticket Terms and Conditions
1 Admission and validity
(1) Tickets will be checked prior to entry to the event, concert, show or party (“Event”) organized by us and must therefore be brought to the event and presented.
(2) Please print out the tickets in their original size and in sufficient quality so that the bar code or QR code and/or other details on the ticket are clearly legible. Otherwise, there is no entitlement to admission to the event or reimbursement of the ticket.
(3) Only the first holder of a ticket receives admission to the event (“Visitor”), whereby the service is rendered after the first entry of the event and thus there is no claim for transfer of the visiting right to third parties. The same applies in the event that the visitor receives an admission ribbon for his or her ticket, in which case re-entry is only permitted with an intact admission ribbon.
(4) Tickets for the events are only valid if purchased via our website https://www.partylikegatsby.eu It is forbidden to change or imitate the tickets and/or admission ribbons.
2 Maximum number of tickets purchased and handed over
(1) You may only purchase a maximum of ten (15) tickets per event through our website.
(2) We are interested in restricting the passing on of tickets to third parties in order to avoid disruptions of and criminal acts in connection with the attendance of the events and to prevent the resale of tickets at excessive prices. Therefore, it is not allowed:
sell tickets to third parties at a price higher than the price of the ticket, including handling charges, as shown on our website; and
to sell tickets commercially or commercially or to use them publicly for advertising and/or marketing purposes without our express prior written consent.
(3) In the event that you violate the provisions of this § 2 paragraph (2), we may terminate the existing legal relationship with you with immediate effect. The ticket (s) for the respective event will then be blocked.
(4) Furthermore, we shall be entitled to demand a contractual penalty in an appropriate amount per violation of the provisions of this § 2 paragraph (2) for passing on tickets for events to third parties and/or offering them, unless the violation has occurred through no fault of our own. Further claims for damages shall remain unaffected.
3 Event regulations and safety instructions
(1) Visitors may not take any objects to the event with them, the possession or use of which endangers the other event visitors, artists or other persons present (e. g. fireworks, knives, glass bottles). If a visitor nevertheless carries such items with him/her, we will prohibit him/her from entering and there is no claim for replacement or reimbursement of the ticket concerned.
(2) The visitors undertake to observe all safety and implementation regulations posted on the respective event at all times and to follow the instructions of the security and event personnel.
(3) If the visitor does not comply with the security and/or implementation regulations despite being requested by us or our assistants, we as the organizer can refuse visitors access to the event or exclude them from it during the event. In such a case, there shall be no claim for replacement or reimbursement of the ticket or the costs of the ticket concerned.
(4) Special regulations may apply to individual events (e. g. minimum age, dress code), which we will explicitly point out on the website before purchasing the respective tickets to the events.
4 Notes on items brought along, program, volume
(1) Unfortunately, we cannot accept any liability for lost or stolen objects at the events, whereas the regulation in section D. § 2 of these General Terms and Conditions (liability) remains unaffected.
(2) Please note that the programme of the individual events may be subject to change with regard to the presentation, performer, performer and/or artist. Such changes do not constitute a right to redemption or exchange of tickets for the event in question.
(3) The visitor is aware that events with DJs, parties, shows and live music are particularly loud and that there is a risk of possible health damage, especially hearing damage. It is recommended to use earplugs (ear plugs) especially when staying close to the loudspeakers and to visit a place on the event area that meets the individual listening habits.
5 Cancellation of an event; regulation in case of bad weather
(1) Due to weather or other influences beyond our control, interruptions and/or delays may occur during events. If an event is cancelled more than two (2) hours after the start time indicated on the ticket (i. e. from the time of admission), the event is deemed to have taken place, i. e. the visitor in question is not entitled to a refund or exchange of the tickets.
(2) Events that are cancelled or that last less than two (2) hours will be rescheduled to an alternate date, which we will immediately notify you by email, on our website and through the known social media (e. g. on our Facebook page). The tickets remain valid for the replacement date or can be returned as an alternative. If no alternative date is specified, the ticket price minus shipping costs, any costs for the means of payment used as well as processing fees or any other fees will be refunded to you. If you do not wish to receive a refund in this case, you can alternatively purchase a ticket of the same value, with no additional shipping costs, any costs for the means of payment used, handling fees or any other fees.
6 Copyrights; right to own picture
(1) Sound and film recordings of any kind may not be made at the events. Violations can be prosecuted on the basis of the applicable legal regulations.
(2) Commercial image and sound recordings require our prior express consent in writing. Failure to comply with these regulations may result in the ticket purchaser concerned being excluded from the event without being replaced for the ticket purchased.
(3) If picture and/or sound recordings are made by authorised persons during an event, the visitor agrees with the purchase of the ticket that they may be recorded in pictures and/or words and that these recordings may be made without any claim to payment of a fee without restriction on
our website https://www.partylikegatsby.eu/, http://partylikegatsby.eu and its sub-pages
www.facebook.com/partylikegatsby.event/ – https://www.facebook.com/partylikegatsby.event/
may be published or exploited. We accept the granting of these rights in each case.
7 No right of withdrawal
No right of revocation shall apply to tickets or admission tickets (§ 312g Paragraph 2 No. 9 BGB). Tickets cannot be returned or exchanged.
D. Liability; amendment of the General Terms and Conditions; final provisions
1 Data protection
We observe the legal basis of data protection, in particular the Federal Data Protection Act and the Telemedia Act. Our data protection declaration can be viewed at any time at https://www.partylikegatsby.eu/privacy-statement/
(1) We strive to provide a permanent and efficient service on our website in cooperation with our service partners and data processing centers. However, possible service failures due to malfunctions or maintenance work cannot be ruled out and do not represent a performance defect. We are entitled to change the offer on our website at any time. Such changes do not constitute a lack of performance.
(2) We shall not be liable for inadequate performance of services due to events beyond our control. These include, but are not limited to force majeure, computer viruses, acts of terrorism, public unrest, war, strikes, fire, power outages or epidemics.
(3) We shall only be liable for loss or damage caused by intent or gross negligence. We shall not be liable for slight negligence, insofar as no essential contractual obligation has been violated, which is indispensable for the proper fulfilment of the contract and thus jeopardizes the achievement of the contractual objective. In the case of a slightly negligent breach of essential contractual obligations, liability is limited to the typically foreseeable damage. These limitations of liability do not apply in cases of damage to life and limb, warranty for the quality of a product or service and fraudulent concealment of defects by the provider. The liability for consequential damages, such as loss of profit or similar indirect damage and compensation for useless expenses is excluded.
(4) The limitation and/or limitation of liability shall apply in the same manner to the personal liability of our representatives, employees, vicarious agents and agents.
3 Modification of the GTC
(1) We reserve the right to amend these General Terms and Conditions at any time, in particular to implement legal requirements or to take into account functional changes. Changes will be notified to you by e-mail or in writing at the latest four (4) weeks before they take effect. If you do not object to the validity of the new General Terms and Conditions within four (4) weeks after receipt of the notification, the amended General Terms and Conditions shall be deemed to have been accepted. We will point out the significance of this period in the amendment notification separately.
(2) If you object within the time limit, the contractual relationship between you and us shall continue to exist under the present terms and conditions; in this case, we shall be entitled to terminate the contract of use on the basis of these GTC, whereby goods or tickets already ordered at that time shall remain unaffected by the termination by us.
4 Final provisions
(1) Rights and obligations arising from this contractual relationship between us and you result solely from these GTC. There are no verbal side agreements. Supplementary agreements and amendments to this contract must be made in writing in order to be legally effective. This also applies to the amendment of this clause on written form.
(2) Contracts between you and us shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which you as a consumer have your habitual residence, remain unaffected.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Berlin.
5 Severability Clause
Should one or more provisions of these General Terms and Conditions of Business be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective points will be replaced by the legal regulations, if applicable. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.