Wurzel-Festival T&C

These General Terms and Conditions (T&Cs) govern the relationship between the company Secret Forest GmbH, Rigaer Strasse 29d, 10247 Berlin ( hereinafter referred to as SFGmbH) and the buyers of tickets to the “Zurück zu den Wurzeln Festival” organized by SFGmbH in 14913 Niedergörsdorf, Flugplatzweg 6.

1. Buying a ticket
2. Admission
3. Cancellation, termination of the event, delay, change of program
4. Volume, hearing protection
5. House rules
6. Liability
7. Privacy policy
8. Miscellanous

1. Buying a ticket

1.1 When buying a ticket, the buyer and SFGmbH (organizer) become contractual partners Admission to the “Wurzel-Festival” is limited. Tickets are only available in advance online via www.eventbrite.de. Tickets can only be paid for using the payment methods provided by the ticket service provider Eventbrite. The total price of the order is due within 7 days upon conclusion of the contract. The tickets will be sent by e-mail after receipt of payment. If no payment has been received after 7 days, the conclusion of the contract is void and the booked ticket will be canceled.
1.2 Through buying the ticket, the purchaser receives an entrance authorization to the festival as well as a guaranteed camping spot.
1.3 SFGmbH reserves the right to offer tickets at the box office. If tickets are offered at the box office, the ticket must be paid in cash on site.
1.4. It is strictly forbidden to resell previously purchased tickets in a commercial capacity. The tickets may also not be sold privately at a higher price than the printed ticket price plus proven fees. The use of tickets for raffle purposes and/or for the implementation of raffles is also prohibited without the prior express written consent of the organizer. Any violation will result in the loss of the admission authorization without compensation.
1.5 In the event of a loss of ticket, there is no entitlement to the issuance of a new ticket.
1.6 A right of return of tickets is generally excluded. SFGmbH reserves the right to review individual cases.

2. Admission

2.1. Admission to the festival is only possible with a valid ticket. At the point of admission, the ticket has to be shown and will be exchanged for a festival wristband, which has to be worn by the visitor during the whole festival. The festival wristband is not transferable.
2.2. SFGmbH reserves the right to refuse admission to the festival should the festival visitor give cause for such a decision, or for an important reason. An important reason includes, in particular, an obvious and severe state of intoxication afflicting the visitor, clearly inhuman, racist, homophobic clothing and/or behavior, as well as the possession of dangerous objects (e.g. weapons, pyrotechnics, flares, intoxicants and other dangerous objects).
2.3. In the event of non-admission despite being in possession of a ticket, the festival visitor has the right to a refund of the ticket price, unless there is an important reason (especially the above-mentioned points) that has led to refused admission. In this case, a return of the ticket/refund of the ticket price is not possible. The assertion of any further claim for damages is excluded, unless SFGmbH acts intentionally or is deemed to be grossly negligent.
2.4. By admitting persons who require supervision due to their mental or physical condition, the organizer does not assume any contractual obligations to provide such supervision. This applies to the person in need of supervision, as well as to persons tasked with providing supervision.

3. Cancellation, termination of the event, delay, change of program

3.1. The event will take place in all weather conditions as long as the organizer can justifiably do so in the prevailing weather circumstances. Should the weather conditions pose a danger to body and health, the event can be canceled or – after having started – interrupted.
3.2. Should the festival be canceled before the start without announcement of an alternative date, the festival visitors are entitled to a refund of the ticket price. In this case, the validated ticket(s) must be sent by e-mail to info@wurzelfestival.de along with the details of a chosen bank account for the purpose of reimbursement, within 10 days after the event. There shall be no entitlement to a refund of an advance booking fee or ticket fee or any further compensation, unless the organizer is responsible for the cancellation.
3.3. If the event cannot take place due to force majeure (e.g. natural disasters, armed conflict or general government-ordered restrictions), the
parties shall be deemed released from their contractual obligations. In this case, any and all mutual obligations shall cease to apply. Each contracting party shall bear its own costs incurred up to that point.
3.4 The organizer reserves the right to relocate the event in terms of location and/or date, insofar as its implementation is deemed impossible or unreasonable and, at the same time, the relocation is reasonable for the visitor.
3.5 As far as SFGmbH is in possession of information concerning canceled or amended event dates or the event location, the customer will be informed by SFGmbH via e-mail immediately after becoming aware of this information, as far as possible, and in addition, publications will be made on social media to this effect.
3.6 The lineup is preliminary at any time and can be changed by the organizer at any time. Changes to the lineup – including the cancellation of individual artists – will not result in a partial or complete refund of the ticket price. This expressly includes artist cancellations that are not in the hands of the organizer.

4. Volume, hearing protection

We would like to point out that there is a risk of possible damage to health, especially hearing damage, at the festival due to increased volume. It is generally recommended to use earplugs. Visiting the event is, therefore, at your own risk. Any liability of the organizer for hearing damage due to a lack of precautions is excluded, unless the organizer acts in a grossly negligent or intentional way, or has not fulfilled its duty of care.

5. House rules

5.1. The organizer or its representatives shall exercise an appropriate set of “House Rule” across the whole festival area.
5.2. Music festival visitors are prohibited from commercial activities (especially sales, advertising) on the festival area, unless they have been previously agreed in writing with the organizer.
5.3. Should a festival visitor violate the aforementioned prohibitions, he/she may be expelled from the festival grounds. A refund of the ticket price, as well as the assertion of a claim for damages are excluded, unless the organizer or its vicarious agents act intentionally or in a grossly negligent manner.

6. Liability

6.1 Entering the festival area is done so at one’s own risk and under exclusion of any liability for property damage or financial loss, unless the organizer is responsible for the damage by way of intentional or grossly negligent conduct, or unless it is pertains to an essential contractual obligation.
6.2 SFGmbH is not liable for damages resulting from injury to life, body or health, unless the organizer or a vicarious agent has acted intentionally or in a grossly negligent manner. The maximum compensation is currently set at 15 million euros per claim. This applies to both personal injury and property damage.
6.3 The use of the “camping/overnight stay area” is at your own risk. Any liability and all claims for damages or loss against OTR in the camping area are excluded. Any person granted access to the location accepts these House Rules. The use of the camping area is not subject to security surveillance, and we do not assume any liability. Its use is at your own risk.

7. Privacy policy

The organizer stores and processes the data provided by the ticket purchaser for the purpose of mutual contractual fulfillment. The organizer may only use the data for the purpose of informing the visitor (e.g. event information, newsletter, etc.). Under no circumstances will this data be passed on to third parties.

8. Miscellanous

8.1 Film, photo and sound recordings are permitted on the entire festival grounds exclusively for private use. Whoever makes film, photo or sound recordings for public media (radio, television, Internet) or other professional purposes, or whoever publicly distributes, sells or publishes them, violates our applicable General Terms and Conditions and must anticipate the incursion of consequences, both on site (e.g. vacating the event area immediately) and subsequent thereto. We expressly reserve the right to take legal action in the event of violations of our General Terms and Conditions.
8.2 German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.3 The organizer has the right to change the T&Cs at any time. The T&Cs can be viewed by anyone at www.wurzelfestival.de and at our business premises.
8.4 Should individual provisions of these T&Cs be (or become) invalid, this shall not affect the legal validity of the remaining provisions. The same shall apply to any loopholes in the contract. In such cases, the legally ineffective provision (or loophole) in the contract shall be replaced by a legally valid provision that comes as close as possible to the economic purpose pursued by the parties with said ineffective (or overlooked) provision.

Wurzel shop T&C

1. Scope of application
2. Descriptions of offerings and services
3. Order process and contract conclusion
4. Prices and shipping costs
5. Delivery, availability of goods, returns
6. Payment modalities
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contractual text
11. Final provisions

1. Scope of application

1.1 For the business relationship between Secret Forest GmbH, Rigaer Straße 29D, 10247 Berlin (hereinafter referred to as the “seller”) and the customer (hereinafter referred to as “customer”), the following General Terms and Conditions (T&Cs) apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for general questions, complaints and grievances via our contact form or by e-mail at info@wurzelfestival.de.
1.3 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity (Section 13 German Civil Code [BGB]).
1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. Descriptions of offerings and services

2.1 The presentation of the products in the online store does not constitute a legally binding offer, but rather an invitation to place an order. Performance descriptions in catalogs, as well as on the websites of the seller, do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise noted with the products. Apart from that, errors are excepted.

3. Order process and contract conclusion

3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the “Add to cart” button. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed within the shopping cart via the button “Proceed to checkout” to complete the ordering process.
3.2 By clicking on the button “Order subject to payment”, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “Back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute an acceptance of the request. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days by way of a second e-mail, explicit order confirmation or the sending of an invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller shall withdraw from the contract with the consequence that the order shall lapse and the seller shall not be obligated to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is, therefore, made for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1 All prices stated on the seller’s website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, the seller shall charge shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.

5. Delivery, availability of goods, returns

5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 If the delivery of goods fails due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will immediately inform the customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available, or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 The return of ordered and delivered goods shall be exclusively at the expense of the buyer.

6. Payment modalities

6.1 The customer can choose from the available payment methods within the framework of (and before) the conclusion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 For all payment methods, payment must be made in advance and without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Stripe, their General Terms and Conditions (GTC) shall apply.
6.4 If the due date for payment is determined by way of a calendar date, the customer is already deemed to be in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5 The customer’s obligation to pay default interest shall not exclude the assertion of a claim for further damages by the seller as a result of said payment default.
6.6 The customer shall only have a right to offset said claims, if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

Until full payment has been received, the delivered goods remain the property of the seller.

8. Warranty for material defects and guarantee

8.1 The warranty shall be determined in accordance with statutory provisions.
8.2 A warranty exists for the goods delivered by the seller only if it has been expressly given. Customers shall be informed about the warranty conditions before initiating the order process.

9. Liability

9.1 The following exclusions and limitations of liability shall apply to the seller’s liability for damages, without prejudice to other statutory conditions pertaining to the assertion of claims.
9.2 The seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the seller shall be liable for a slight negligent breach of essential obligations, a breach of which jeopardizes the achievement of the contract’s purpose, or for a breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, and upon compliance with which the customer may regularly rely. In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract. The seller shall not be liable for a slight negligent breach of obligations other than those mentioned in the preceding sub-clauses.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability as per the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
9.5 Insofar as the seller’s liability is excluded (or limited), this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contractual text

10.1 The customer may print out the contractual text before submitting the order to the seller by using the print function of his or her browser in the last step of the order process.
10.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives a copy of the Terms and Conditions (T&Cs) together with the revocation instruction, the information on shipping costs and delivery, and the terms of payment. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contractual text, but do not make it available on the Internet.

11. Final provisions

11.1 The place of jurisdiction and performance shall be the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The contractual language is German.
11.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing (and not obligated) to participate in a dispute resolution procedure before a consumer arbitration board.