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| ABOUT US |
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| TERMS of CONDITION |
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General Terms and Conditions of Business of SAPPHOGARDEN of the arts E.P.E (status 3.01.2006 – hereinafter referred to as Sapphogarden): Company head office in GREECE: 81105 Skala Eressos, Lesvos , Greece General Terms and Conditions of Business of E.P.E (Stand 12.05.2006 – hereinafter referred to as Sapphogarden): Company head office in Greece: 81105 Skala Eressos, Lesvos , Greece § 1 – Scope of validity – Object of the Contract – Duty to recognise the General Terms and Conditions of Business of the implementing providers / enterprises. Our General Terms and Conditions of Business apply for the provision of services under the proviso of the contract concluded between us and the customer. A procurement contract shall come into effective between us and the customer. The customer shall commission us to procure events for him. We only act as an intermediary in respect to the services booked by the customer. The General Terms and Conditions of Business of the organiser or service provider who are an integral element of the arranged contract shall apply for the services procured themselves. This also concerns, in particular, the booked services, cancellations and changes in reservation, due dates and payment modalities of the price of the events as well as any warranty claims in the case of inadequate fulfilment of service. After conclusion of the purchase agreement, the General Terms and Conditions of Business of the implementing providers / enterprises shall be recognised § 2 - Offer – Conclusion of contract – Prices and terms of payment ( 1 ) Ordering by the customer represents a binding offer which we can accept within one week. Offers previously submitted by us are without engagement. ( 2 ) The invoice of the customer shall only be processed after payment has been received and sent by email. The customer shall pay as follows: 2.1 By bank transfer: Value of the goods 2.60 euros – Payable immediately after receipt without deduction. We shall enclose a remittance slip. 2.2 By credit card: Value of goods 3.2% of the value of the goods 2.3 Delivery times: The average delivery time is hours. We do not accept liability for delays on the part of third parties. 2.4 All additional costs arising through export to non-EU states (customs, value added tax etc.) shall be accepted by the customer. If delivery periods are indicated by us and determined as the basis for the order placement, such periods shall be extended in the case of strikes and force majeure, or more precisely for the duration of the delay. The same shall apply if the customer does not fulfil any duties to cooperate. The dispatch shall be on the basis of the most cost-efficient means. Loss of or damages to postal dispatches must be reported to us immediately. ( 3 ) If the customer orders the goods electronically, the text of the contract as well as the General Terms and Conditions of Business shall be saved in a reproducible form and sent to the customer by email on request. ( 4 ) The price offered for the event is binding. The statutory value added tax is included therein. ( 5 )The customer shall only be entitled to offsetting rights if his counter claims come into legal force, are undisputed and recognised by us. Furthermore, he is also entitled to exercise a right of retention to the extent that his counter claim is based on the same contractual relationship. (6) Value added tax increases and other price developments which cannot be calculated: Sapphogarden has the right to demand a subsequent price increase of up to 5% for credit notes which are not redeemed in the purchase year but only in the year following this. Credit notes shall be rendered inactive until the amount has been paid and shall only become valid again after payment § 3- Retention of title ( 1 ) We shall reserve ownership of the credit note until complete payment of the service price. In the case of payment default, the total claim (including interest) becomes due immediately. ( 2 ) The customer must inform us immediately concerning judicial foreclosure measures of third parties in respect to the reserved goods with submission of the documents necessary for an intervention; this also applies for other types of encroachment. Irrespective of this, the customer must draw the attention of third parties to the existing rights from the outset. § 4 - Copyright The design as well as the brands and photographs are protected under copyright law. Reproduction, also extracts thereof, requires the authorisation of Sapphogarden. § 5 – Right of revocation ( 1 ) The customer is entitled to revoke his contractual declaration within two weeks without indication of reasons in text form (e.g. letter, fax) and by returning the credit vouchers. The timely sending of the revocation or the item is sufficient for adherence to the revocation period. The revocation must be directed in writing to: Sapphogarden E.P.E, 81105 Skala Eressos, Lesvos , Greece ( 2 ) In the case of an effective revocation, the services received by both parties must be transferred back and, if necessary, benefits (e.g. interest) gained must be returned with the exception of credit card fees when paying by credit card . ( 3 ) If the customer cannot return the service in whole or in part or can only do so in a deteriorated state, he must provide a substitute value to this extent. This shall not apply if the deterioration of the item is exclusively due to its examination – as would have been possible for the customer in a normal shop. Moreover, the customer can avoid the obligation to substitute the value by not using the items as an owner and refraining from everything which adversely affects its value. ( 4 ) Items which can be sent as parcels are to be returned. The return dispatch is free. ( 5 ) The right of revocation shall not arise if the items are clearly tailored to personal requirements. § 6 – Validity Credit vouchers are valid for 1 year commencing from the order date and are transferable. If a firmly agreed date for the event is not observed, the credit voucher and the claim to the service shall become forfeited. § 7 – Cancellations and changes to reservations In the case of cancellations and changes to reservations, a fee of 45.00 euros per credit voucher shall become due. Cancellations are only possible in special cases (illness with doctor's note, death etc.). Whoever fails to observe an agreed date with the organiser shall forfeit his claim to the service. Sapphogarden is entitled at all times to terminate the purchase agreement and cancel bookings accompanied by repayment of the total amount without indication of the reasons. In such case there shall be no claim to the service purchased. Sapphogarden is entitled to perform a possible reimbursement amount in the form of a value credit voucher, which the customer can use as a discount at Sapphogarden when purchasing another product. § 8 – Liability and limitation of liability We are liable as an intermediary for ensuring that the procurement, reservation handling, debt collection and transfer of the documents are realised with the due care and diligence of a proper businessman. We are not liable for such case that a corresponding contract is concluded with the organiser or service provider in the booking order. events are subject e.g. to the weather and technical safety. We do not accept liability for the cancellation of evens. A duty of recourse on our part does not exist. Safety shall take precedence in all cases. We shall also not assume any costs which arise e.g. through the journey to the destination or overnight accommodation in the case of cancellation of the event. We are only liable for errors in our sphere of responsibility, that is for procurement errors which we ourselves or our employees or vicarious agents make, such as erroneous or inadequate advice or reservations not realised in accordance with the order. However, liability for damage is limited to three times the price of the service procured, to the extent that the damage is not the result of wilful intent or gross negligence. SAPPHOGARDEN shall assume no liability for physical injuries and death. Possible recourse claims are to be directed to the provider / enterprise. As an intermediary for procuring the service, we never accept liability for cancellation of the service due to insolvency on the part of the organiser. This applies, in particular, for original tickets and credit vouchers already paid by us in advance to the organiser, which have been issued to the customer for services procured and paid in advance for and on behalf of the organiser. § 9 – Exclusion period for claim declarations The customer must enforce to us all claims arising from the procurement contract in respect to us, irrespective of the legal reason, within two months after the end of the service contractually agreed with the organiser or service provider (end of the event). Otherwise the claims shall expire, unless the customer was obstructed from enforcing the claim in appropriate time through no fault of his own. § 10 – Statute of limitations for own claims Our claims for payment fall under the statute of limitations in five years divergent from Section 195 of the German Civil Code. Section 199 of the German Civil Code applies in respect to the beginning of the limitation period. § 11 - Form of declarations Material statements and announcements which the customer has to submit to us or a third party require the written form. § 12 – Place of fulfilment – Choice of law – Place of jurisdiction The place of fulfilment and jurisdiction for both parties is Walluf / Germany. The law of the Federal Republic of Germany shall exclusively apply for the contracts concluded by Sapphogarden on the basis of the General Terms and Conditions of Business and for claims arising from them irrespective of the nature thereof with exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer has no general place of jurisdiction in Germany or in another EU member state, our business headquarters are the exclusive place of jurisdiction for all disputes arising from this contract. § 13 – Sapphogarden is entitled to modify the General Terms and Conditions of Business at any time. § 14 – Safeguarding clause Should provisions of these General Terms and Conditions of Business and/or the contract be or become ineffective, this shall not affect the effectiveness of the remaining provisions hereof. Instead, a corresponding substitute provision, or at least one that comes close to the purpose of the agreement, shall apply in place of the ineffective provision, as the parties would have agreed in order to achieve the same economic results if they had known the ineffectiveness of the provision. The same applies for incompleteness or gaps. |
| Sappho Garden of the Arts O.E. - 81105 Skala Eressos, Lesvos , Greece - Tel: +30-22530-53682 from April to end Oktober |