Imprint/Terms and Conditions

General conditions of sale

§ 1 Scope

(1) These General Terms and Conditions (hereinafter: General Terms and Conditions) apply to everyone between us

GbR Max Niclas Meinhardt and Lasse Wohlers (Peak)

Holzweg 5, 61352 Bad Homburg vdH

+49 152 59970963

Peak.events.official@gmail.com

and to everyone, through one contractual partner concluded via our online shop. The General Terms and Conditions apply regardless of whether you are a consumer or an entrepreneur and/or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation and our declaration of acceptance.

(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.

(4) We do not accept any differing conditions from the customer. This also applies if we do not expressly object to the inclusion.

§ 2 Conclusion of contract

(1) The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the “order with payment” button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your right to cancel your order, which may exist under Section 3, remains unaffected by this.

(3) We will confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.

(4) A contract is only concluded when we accept your order through a declaration of acceptance or through delivery of the ordered items.

(5) We cannot consider orders for deliveries abroad.

(6) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and immediately refund any consideration already received.

§ 3 Right of withdrawal

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with Sections 346 ff. of the German Civil Code (BGB).

(2) If you as a consumer make use of your right of withdrawal in accordance with Section 1, you must bear the regular costs of returning the goods.

(3) Otherwise, the regulations that are set out in detail in the following cancellation policy apply to the right of cancellation: 

1. Right of withdrawal

a) You have the right to cancel this contract within fourteen days without giving any reasons.

b) The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods.

c) In order to exercise your right of withdrawal, you must inform us [name, address and, if available, telephone number, fax number and e-mail address] by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can also fill out and submit a declaration of revocation or another clear declaration electronically using our contact form. If you make use of this option, we will send you (e.g. by email) a confirmation of receipt of such a revocation.

d) In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.

2. Consequences of revocation

a) If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than that offered by us, which is the cheapest have chosen standard delivery) immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

b) You must return the goods to the above address immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

c) You bear the direct costs of returning the goods.

d) You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

 - End of revocation-

(4) The right of withdrawal exists in the following cases not for distance selling contracts in accordance with Section 312g Paragraph II BGB:

(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded or whose intended use is limited in time (such as e.g. event tickets) or

(b) to deliver audio or video recordings or software, provided you have unsealed the data carriers delivered.

§ 4 Delivery conditions and reservation of advance payment

(1) We are entitled to make partial deliveries if this is reasonable for you.

(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins – subject to the regulation in paragraph 3 – with the conclusion of the contract.

(3) For orders from customers with a place of residence or business abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price including shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you of this. In this case, the delivery period begins with payment of the purchase price and shipping costs.

§ 5 Prices and shipping costs

(1) All prices in our online shop are gross prices exclusive of statutory sales tax, as we make use of the small business regulation and therefore do not pay sales tax. Any additional shipping costs incurred will be shown before the contract is concluded.

(2) The shipping costs are stated in our price information in our online shop. The price including applicable shipping costs will also be displayed in the order form before you submit the order.

(3) If we fulfill your order through partial deliveries in accordance with Section 4 Paragraph 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration in accordance with Section 3, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs) (see Section 3 Paragraph 3 for other consequences of revocation).

§ 6 Terms of payment and offsetting and right of retention

(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.

(2) You can, at your discretion, transfer the purchase price and shipping costs to our account specified in the online shop, give us a direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorization or payment by debit/Maestro or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A direct debit authorization granted also applies to further orders until revoked.

(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 8 Warranty

(1) We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with delivery of the goods.

(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items occur in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be attached to the items enclosed.

§ 9 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

(2) In other cases, unless otherwise stipulated in paragraph 3, we are liable only for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.

§ 10 Copyrights

We have copyright to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.

§11 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office, Bad Homburg vdH. Otherwise, the applicable legal provisions apply to local and international jurisdiction.

(3) Dispute resolution: The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are prepared to take part in a dispute resolution procedure before a consumer arbitration board. The responsible consumer arbitration board is the Extrajudicial Dispute Resolution Board for Consumers and Entrepreneurs. v.