re.events GmbH, Geneststr. 5, 10829 Berlin
1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) shall be governed by these general terms and conditions (the „General Terms and Conditions“).
(2) The General Terms and Conditions shall only apply if Customer is a Business Customer or a legal entity or special fund organized under public law. For the purpose of these General Terms and Conditions a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the German or English language. Therefore, if the order is made in German, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made in English, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract
(1) Our offerings shown in the internet are non-binding.
(2) Unless otherwise noted in our offer, we shall be bound to our offers and suggested prices for 14 calendar days after dispatch. The Customer shall be entitled to accept the offer within this period. The date and time we receive the Customers acceptance decides whether this time limit has been adhered to.
3. Prices and Payment
(1) Our prices are understood to be exclusive of the statutory value-added.
(2) Unless expressly otherwise agreed by us, all shipments by us will be made upon receipt of an invoice.
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within 10 business days upon receipt by the Customer of the product or provision of the service and the receipt of the invoice unless otherwise agreed.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. Customer’s responsibility for presentation / video
(1) The Customer is solely responsible for the presentation / video. Particularly this means, that he has to provide us with a quality-appropriate file in a standard format.
(2) The Customer is solely responsible for ensuring that the presentation / video can actually be used in the manner desired by it (for example, all image licenses are available for the desired use). It is the sole responsibility of the Customer that the execution of the order does not violate the rights of third parties, in particular copyrights. The customer has to indemnify us from all claims of third parties due to such an infringement.
(3) We are entitled to demand appropriate evidence from the Customer, in particular a declaration of consent from speakers whose presentation / video should be published.
(1) Our liability for damages, for whatever legal reason, in particular for impossibility, delay, inadequate or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, is limited according to this Sec. 9 insofar as it is at fault in all cases.
(2) In the case of simple negligence of our bodies, legal representatives, employees or other vicarious agents we shall not be liable unless it is not a violation of essential contractual obligations. Essential to the contract are the obligation to timely delivery and installation of the delivery item, whose freedom from defects in title and possesses and other material defects that affect its functionality or serviceability more than just insignificantly, as well as advisory, protective and custody duties that enable the Customer to use the contractual item or the protection of the life or limb of the Customer's personnel or the protection of their property from significant damage.
(3) Insofar as we are liable for damages in accordance with Sec. 5 (2), this liability is limited to damages which we foresaw at the conclusion of the contract as a possible consequence of a breach of contract or which we should have foreseen by applying due diligence. Indirect damage and consequential damage, which are the result of defects of the delivery item, are also only substitutable insofar as such damage can typically be expected in the case of the intended use of the delivery item. Liability for production losses of the Customer is excluded.
(4) In the event of liability for simple negligence, our obligation to make compensation for property damage and the resulting further financial losses is limited to an amount of EUR [einfügen] per claim (corresponding to the current cover sum of our product liability insurance or third party insurance), even if this is a case of infringement of obligations essential to the contract.
(5) Any exclusion or limitation of liability in this Terms shall also apply to the benefit of our agents and servants.
(6) Insofar as we provide technical information or act as a consultant and this information or advice does not belong to the contractually agreed scope of services owed by us, this is done free of charge and with the exclusion of any liability.
(7) The provisions of this Section 5 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
(8) A continuous uninterrupted accessibility of the site cannot be guaranteed. In spite of great care, temporary failures cannot be excluded due to technical reasons. Any resulting liability is expressly contradicted.
6. Data Protection
(1) In the following we inform about the collection of personal data in business transactions. Personal data means all data that is personally available to you, eg. name, address, e-mail addresses, payment details, ordered goods. Responsible person according to Art. 4 Abs. 7 DS-GVO is re.events GmbH, Geneststr. 5, 10829 Berlin, registered at the Commercial Register of the District Court Berlin (Charlottenburg) under HRB 193812, contact person:
Geneststr. 5, Aufgang G, 5. OG, Service Center
(2) The data are collected, stored and, if necessary, passed on, as far as necessary to provide the contractual services. Therefore the collection, storage and dissemination is carried out for the purpose of fulfilling the contract and on the basis of Art. 6 para. 1 sentence 1 lit. b DS-GVO. Non providing this information may lead to the situation that the contract is unable to be closed. If we deliver goods to you, we will pass on your data to the commissioned shipping company, as far as needed for delivery.
(3) To ensure the protection of personal date we maintain current technical measure. These are adapted to be of state-of-the-art of the time.
(4) At any time affected persons have the right to request information about the personal data stored with them (Art. 15 DS-GVO). This also applies to the recipients or categories of recipients to whom this data is communicated and to the purpose of the storage. In addition, they have the right under the conditions of Art. 16 DS-GVO, to correct and/or, under the conditions of Art. 17 DS-GVO, to delete and/or under the conditions of Art. 18 DS-GVO to demand to limit the use. In addition, under the conditions of Art. 20 DS-GVO you can request a data transfer at any time. Personal data is only stored for as long as it is necessary for the contractual purpose. This usually corresponds to the duration of the contract.
In case of processing personal data for the purpose of performing public interest tasks (Article 6 (1) sentence 1 (e) DS-GVO) or for attention of legitimate interests (Article 6 (1) sentence 1 (f) DS -GVO), at any time you may object the processing of personal data with future effect. In the case of objection, we shall refrain from any further processing of your data for the aforementioned purposes, unless
- there are compelling, legitimate grounds for processing that exceed your interests, rights and freedoms, or
- the use is necessary for the establishment, exercise, defense of legal claims or litigation.
You may object the use of the data for direct advertisement at any time with future effect. This also applies for profiling, which is related to direct advertisment. In case of opposition, we shall refrain from any further processing of your data for the purpose of direct advertisment.
(5) We reserve the right to transmit personal data of the Customer to credit bureaus, as far as this is necessary for the purpose of a credit check, and provided that the Customer expressly agrees in individual cases. Otherwise, we will not forward personal customer data to third parties without the expressly agreed consent of the Customer, except insofar as we are legally obliged to surrender it.
(6) The collection, transmission or other processing of personal data of the Customer for purposes other than those mentioned in this Section 6 purposes is not permitted.
7. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the responsible courts for Berlin, Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.