§ 1 Scope
The deliveries, services, and offers of the seller are made exclusively based on these terms and conditions for private end consumers and entrepreneurs.
§ 2 Offer and Contract Conclusion
2.1 The presentation of the products in the online shop does not represent a legally binding offer but an invitation to order. By clicking the button [order with obligation to pay], you place a binding order for the goods in the shopping cart. The confirmation of receipt of the order is sent by automated email immediately after the order is sent and does not yet constitute acceptance of the contract. We can accept your order by sending a separate order confirmation by email within two days.
2.2 If you have found the desired product, you can view it in more detail by clicking on the product name, product image, or the link "Info/order" without obligation. By clicking the button [Add to Cart], you can place the item in the shopping cart. You can view the contents of the shopping cart at any time by clicking the link [Cart] or [Checkout] without obligation. You can remove or change the products from the shopping cart by clicking the graphics [Remove] and [Update Quantity]. If you want to buy the products in the shopping cart, you can complete the online ordering process. If you want to order through our online shop, click on the page "Cart" on the button [Send]. There you can enter and manage your addresses. The online ordering process consists of five steps. In the first step "Cart," you can review your items again and edit them if necessary (delete or change quantity). In the second step under "Send," you can optionally create a customer account with us for your first purchase. To do this, click under "I am not yet a customer" on [Open Customer Account]. If you already have a customer account, log in here under "I am already a customer" with your login data. Under "Order without Registration," you can also order without creating a customer account. In the next step, you can select the desired payment method under "Pay." In the fourth step "Order," you will receive an overview of your order data and can review all information again and change or delete it under [Change]. You can also correct input errors by navigating backward in the browser or canceling the order process and starting over. In the last step "Finish," your order number will be displayed for any inquiries. To complete the purchase, you must accept our General Terms and Conditions and press the button [Buy Now]. This sends the order to us. We will then send you a confirmation of receipt of your order by email. After that, you will receive a separate order confirmation, which finally concludes the contract.
2.3 For orders in our online shop, the contract is concluded with:
hoco online gmbh Edisonstraße 63 House E, 1st Floor 12459 Berlin Germany
Online shop: +49 30 9599811-30 Fax: +49 30 9599811-40 e-Mail: info'at'platzangst.com
Managing Directors Daniel Bohne, Sven Mack
§ 3 Storage of Your Order
We store your order and the order data you entered. We will send you all order details again via email. Additionally, you have the option to print both the order and the general terms and conditions before submitting the order to us. Finally, you have access to your orders at any time through your customer account.
§ 4 Right of Withdrawal Information
Right of Withdrawal for Consumers The following right of withdrawal applies only to consumers: Right of Withdrawal Information Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must inform us (hoco online gmbh, Edisonstraße 63, Haus E, 1st Floor, 12459 Berlin, E-Mail: info'at'platzangst.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period expires. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this 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 must send back or hand over the goods to us without undue delay and in any event not later than fourteen 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 fourteen days has expired. You will 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.
§ 5 Model Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it. To
hoco online gmbh Edisonstraße 63 House E, 1st Floor 12459 Berlin
Tel.: +49 30 9599811-30 Fax: +49 30 9599811-40 E-Mail: info@platzangst.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) ____________________________________________________ ____________________________________________________ Ordered on (*) ____________ / received on (*) ______________ ____________________________________________________ Name of consumer(s) ____________________________________________________ Address of consumer(s) ____________________________________________________ Signature of consumer(s) (only if this form is notified on paper) _________________________ Date (*) Delete as appropriate
§ 6 Prices, Payment
6.1 All prices are inclusive of VAT plus shipping costs.
6.2 Payment is made in advance, cash on delivery, credit card, direct debit, PayPal, instant transfer, or invoice. We reserve the right to exclude individual payment methods.
6.3 Payments are due only after sending the order confirmation via email to you. In the case of prepayment, we will provide you with the bank details for making the advance transfer in the order confirmation. For payment by credit card and direct debit, the credit card or specified account will be charged upon dispatch of the goods. For payment via PayPal and instant transfer, payment is made during the ordering process. For payment on account (invoice purchase via Billsafe), the ordered goods are shipped or delivered to the customer along with the invoice. The purchase price is due for payment within 30 (thirty) calendar days from the invoice date. The invoice is generally included with the shipment.
§ 7 Delivery
7.1 We deliver to all countries listed here (delivery countries)
7.2 If we are unable to deliver the ordered goods through no fault of our own because our supplier does not fulfill its contractual obligations, we are entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The customer's statutory claims remain unaffected. Any purchase price already paid will be refunded immediately.
§ 8 Warranty
The warranty is provided according to the statutory provisions. Information about any additional manufacturer warranties can be found in the product information.
§ 9 Legal System, Jurisdiction
9.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 For customers who conclude the contract for a purpose that cannot be attributed to their professional or commercial activity (consumers), this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
9.3 For all disputes arising from the contractual relationship, if the purchaser is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Berlin.
§ 10 Terms and Conditions for Invoice & Installment Purchase
Link to the terms and conditions for invoice & installment purchase
§ 11 Sweepstakes Terms and Conditions
11.1 Subject of the Terms and Conditions and Organizer
(1) These terms and conditions govern the conditions for participation in the sweepstakes and, if necessary, the transfer of rights. The description and procedure of the respective sweepstakes are carried out as part of the respective sweepstakes campaign by hoco online gmbh.
(2) The organizer of the sweepstakes is hoco online gmbh, Edisonstraße 63, Haus E, 1st floor, 12459 Berlin.
(3) By participating in the sweepstakes, these terms and conditions are accepted.
11.2 Participation
(1) All natural persons are eligible to participate in the sweepstakes. Employees of hoco online gmbh and affiliated companies, as well as relatives of such employees and their family members, are excluded. Participation with fake identities or identities of third parties is not allowed.
(2) Eligible participants can enter the sweepstakes by
- taking a photo in the Platzangst cosmos at the Dirt Masters Festival. The photo can be taken at our Platzangst Airport Bag Jump, at our booth, or anywhere on the festival grounds, as long as it is clearly related to Platzangst. Your creativity has no limits!
- Post the picture with the hashtag #platzangsttakeoff on Instagram!
- Follow our Instagram account!
(3) Participation is possible until 05/29/2022, 11:59 PM.
11.3 Prize and Winner Notification
(1) Among all eligible participants, 3 people will each receive a voucher worth €200.
(2) The winner will be determined by a random draw from all eligible participants after the entry deadline on 05/31/2022. Only three people can win. The winners will be informed via Instagram DM from the Platzangst account and asked to provide their email address within the next 3 business days (72 hours from the announcement of the winners).
(3) If a winner does not respond within 72 hours of the announcement via Instagram DM, the claim to the prize expires. In this case, we are entitled to conduct a substitute draw.
(4) The prize is neither transferable nor can it be exchanged, returned, or paid out in cash.
(5) If circumstances arise that we are not responsible for, the respective winner accepts a reasonable substitute prize. Such circumstances, for which we are not responsible, are particularly those that lie with the sponsors of the prizes.
11.4 Liability and Indemnification
(1) If the participant uploads photos, the participant guarantees that they will not submit any content whose provision, publication, or use violates applicable law or the rights of third parties.
(2) The participant indemnifies us from claims of any kind by third parties that result from the illegality of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer from legal defense costs (e.g., court and attorney fees).
(3) By participating in the contest, the participant releases Facebook and Instagram from any liability.
11.5 Exclusion
A violation of these terms and conditions entitles us to exclude the respective participant from participation. This applies in particular if the participant provides false information or uses photos or other content (e.g., comments) that violate applicable law or the rights of third parties. The same applies to comments that may be considered glorifying violence, offensive, harassing, or degrading, or that otherwise violate social decency.
11.6 Premature Termination and Changes
We reserve the right to terminate the contest at any time, even without adhering to deadlines, in whole or in part prematurely, or to modify its course if it is not possible to guarantee the proper execution of the contest for technical reasons (e.g., computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g., prohibition by third parties) or due to force majeure.
11.7 Data Protection
We are responsible for the collection, processing, and use of participants' personal data, provided we process it ourselves. We will use the participant's personal information and other personal data only within the framework of the legal provisions of data protection law. We will store, process, and use the information only to the extent necessary for the execution of the contest or if the participant has given consent. This also includes use for exercising the granted usage rights. The data will be used exclusively for the execution of the contest and will be deleted thereafter.
The participant can request information about the data stored about them at any time. Otherwise, our privacy policy applies accordingly, which can be accessed at https://www.platzangst.com/datenschutz/.
11.8 Final Provisions
Should any provision of these terms and conditions be or become invalid in whole or in part, the validity of the remaining terms and conditions shall not be affected. Instead of the invalid provision, the legally permissible regulation that comes closest economically to the sense and purpose expressed in the invalid provision shall apply. The same applies in the case of a gap in these terms and conditions.
We wish you good luck and success, from the team at hoco online GmbH.
§ 12 Miscellaneous
12.1 The contract language is German.
12.2 If one or more provisions of these GTC are invalid, the contract shall remain effective in all other respects. To the extent that the provisions are invalid, the content of the contract shall be governed by statutory provisions.
12.3 The functional terms used in these conditions are to be understood as gender-neutral and refer to female, male, and diverse identities.
As of: 5/16/2022