Terms and Conditions

General Terms and Conditions of E.M.P. Merchandising Handelsgesellschaft mbH

1. Scope

These General Terms and Conditions (T&Cs) apply to all orders placed through the Rock im Park Store.

This web shop is operated by E.M.P. Merchandising Handelsgesellschaft mbH ("EMP"). Our offers are directed exclusively at consumers. The contractual partner for orders is:

E.M.P. Merchandising Handelsgesellschaft mbH
Darmer Esch 70a
49811 Lingen
Germany

Phone: +49 591 - 9 14 310
Email: [email protected]

The version of the T&Cs valid at the time of the order applies. You can choose German or English for the conclusion of the contract.

2. Conclusion of Contract

The display of items in the shop is not a binding offer by E.M.P., but merely an invitation for you to place orders. You may only order items in quantities customary for households or in the maximum quantity stated on the respective product detail page. By clicking the "Buy now" button, you place a binding order for the items in your shopping cart. Immediately after receiving your order, we will send you an order confirmation by email. This creates a binding purchase contract. We store your contract text (the content of your order and these T&Cs) and will send it to you on request. The goods remain the property of EMP until the purchase price has been paid in full.

EMP is only obliged to deliver from our own stock and from goods that we have ordered from our suppliers. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to generic goods, i.e. goods that are described only by type and characteristics. EMP is entitled to withdraw from the contract if we have properly ordered the goods but the supplier has not delivered the goods to us correctly or on time (congruent covering transaction). This does not apply if we are responsible for the unavailability of the goods. EMP will inform you immediately of the unavailability. In addition, we must not have assumed the procurement risk for the ordered goods. In the event of withdrawal, we will immediately refund any payments already made.

3. Prices and Shipping Costs

The prices stated in the shop at the time of the order apply. The stated prices include statutory value-added tax. Shipping costs are added. The shipping costs will be displayed to you in the shopping cart.

4. Payment Terms

We use the payment service provider "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2. If you choose a payment method offered via the payment service provider Shopify Payments, payment is processed by the technical service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provide during the ordering process together with the information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) pursuant to Art. 6(1)(b) GDPR. Your data is passed on solely for the purpose of payment processing with Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. For more information on data protection at Shopify Payments, please visit: https://www.shopify.com/legal/privacy.

Information on data protection regarding Stripe Payments Europe Ltd. can be found here: https://stripe.com/de/privacy

5. Delivery & Delivery Time

You can see the delivery time on the respective product detail page and in the order summary before submitting your order.

EMP is entitled to extend the delivery period if our supplier does not deliver the goods correctly or on time despite a proper order (congruent covering transaction), and we are therefore unable to meet the delivery period towards you. This does not apply if we are responsible for the unavailability of the goods at the delivery date. EMP will inform you immediately of the unavailability and notify you of the new delivery date.

6. International Customer Service

We offer you the simplest, most convenient and most comprehensive customer service possible. The international customer service of all EMP companies is available to you for order processing. The EMP companies include E.M.P. Merchandising Handelsgesellschaft GmbH, EMP Mail Order UK Ltd., EMP Mailorder Italia S.r.l., Large Popmerchandising B.V. and Large Popmerchandising BV. Therefore, for service inquiries you can contact not only the EMP company with which you placed the order, but also any other EMP company. The EMP company with which you placed the order will transmit your data to the other EMP companies so that they have access to your order data in the event of a service case.

7. Liability and Warranty

EMP is liable without limitation for intent or gross negligence on the part of EMP, its legal representatives or vicarious agents. EMP is liable for slightly negligent breaches of essential contractual obligations (cardinal obligations) up to the amount of the foreseeable damage typical for this type of contract. Essential contractual obligations are those whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment is a prerequisite for the proper performance of the contract in the first place and on whose compliance the contractual partner regularly relies. EMP is not liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.

The above limitations of liability do not apply in cases of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

Insofar as the liability of EMP is excluded or limited, this also applies to the personal liability of EMP's representatives and vicarious agents. Of course, you are entitled to the statutory warranty rights.

8. Right of Withdrawal and Returns

8.1 Right of Withdrawal and Exceptions

You can withdraw your order under the statutory right of withdrawal without giving reasons. Further information can be found in the withdrawal policy. To exercise your withdrawal, you can use our withdrawal form or draft your own declaration of withdrawal. To view and print the returns information, you need the free Adobe Acrobat Reader.

Please note: The right of withdrawal does not apply to contracts

for the supply of audio or video recordings or computer software, such as games (e.g. CDs, LPs, DVDs) in a sealed package, if the seal has been removed after delivery;
for the supply of tickets for events of any kind with a specific date or period (e.g. concerts);
for the supply of goods that are not prefabricated and for whose production an individual selection or determination by you is decisive, or which are clearly tailored to your personal needs;
for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed (e.g. piercings, contact lenses);
for services, if EMP has fully performed the service and you acknowledged before ordering, and expressly agreed, that we may begin performing the service and that you lose your right of withdrawal upon full performance of the contract.

Withdrawal Policy

Standard withdrawal policy for exercising your right of withdrawal with regard to purchase contracts for goods

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 item, or from the day of conclusion of the contract in the case of digital content not supplied on a physical data carrier (e.g. CDs or DVDs) and services.

To exercise your right of withdrawal, you must inform us (E.M.P. Merchandising Handelsgesellschaft mbH, Darmer Esch 333, 49811 Lingen, Germany, Tel. +49 (0)591-914310; email: [email protected], or any other EMP company) of your decision to withdraw from this contract by means of a clear statement (e.g. via our withdrawal portal at https://merch.rock-im-park.com/apps/returns/withdrawals, a letter sent by post, or email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery we offer), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

We bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for examining the condition, properties and functioning of the goods.

8.2 Our Voluntary Return Guarantee

Without restricting the statutory right of withdrawal, we grant you a voluntary return guarantee, extended to a total of 30 days, for items that are also subject to the statutory right of withdrawal. The prerequisite for the 30-day return guarantee is that you have only worn/tried out the goods for fitting, as in a physical store, and return the goods complete, in their original condition, intact and undamaged in the original sales packaging. Under this voluntary return guarantee, we bear the return shipping costs if, for returns from Germany and Austria, you request the return via your customer account. Otherwise, the same conditions apply to the voluntary return guarantee as to the statutory right of withdrawal (see the withdrawal policy above), extended to 30 days.

9. Protection of Minors

Products that are subject to an age restriction or have not yet received an age rating are shipped exclusively with Deutsche Post's age and identity verification. Age and identity verification can only be carried out in Germany. For this purpose, you must provide your date of birth when ordering. The costs for age and identity verification can be found in the price table. The fee is charged only once per order, even if you order several age-restricted items. This also applies if these items are delivered in several shipments. Upon delivery of the goods, the postal carrier will check that you are over 18 and are actually the person who placed the order. To do so, they will compare the details in your order with the name and address in your ID card or passport.

10. Shopping Vouchers / Promo Codes

You cannot pay for a shopping voucher with a voucher. Shopping vouchers can only be redeemed in this web shop. Shopping vouchers can also be redeemed partially, provided that the person redeeming has a customer account. Redeeming a shopping voucher in connection with payment by cash on delivery is not possible. Shopping vouchers must be redeemed within three years from the end of the year in which they were purchased. Only one promo code can be redeemed per order. The value of a promo code cannot be paid out in cash or offset against other claims. Promo codes may be tied to a minimum order value that you must reach with your purchase. If you subsequently fall below the minimum order value, e.g. by returning part of your order, the benefit of the promo code lapses.

11. Free Items

Ownership of free items passes to you only upon expiry of the withdrawal period and the voluntary return period (retention of title). If the gifts are tied to a minimum order value, the minimum order value refers to one order and must still be met after the exercise of statutory withdrawal rights or contractual return rights in relation to that order. If the value of your order falls below the respective minimum order value as a result of exercising a statutory right of withdrawal or contractual right of return (excluding warranty rights), the gift must also be returned together with the goods for that purchase. No claim to other gifts arises in this case.

12. Tickets

When selling tickets for events, we point out that we are not the organizer, i.e. although we sell the ticket, the event is carried out by another person/company. The organizer is usually noted on the ticket. We are not responsible for the proper conduct of the event. If you have any questions about the event, please contact the organizer directly. You can find the organizer's contact details on the ticket. Ordered tickets cannot be cancelled, complained about or returned! Every ticket order is binding immediately upon confirmation and obliges you to accept and pay for the order. We may cancel the ticket purchase if you violate a condition of the organizer or of us that was pointed out during the presale, or attempt to circumvent it (e.g. violation of the ticket quantity limit per customer, attempted circumvention by registering and using several user profiles, resale bans, etc.). The declaration of cancellation/withdrawal may also be made by crediting the amounts paid to us.

Participation in the prize draws held on this page is reserved exclusively for visitors of www.emp.de and www.emp.at! Entry or participation through so-called "prize draw entry service providers" or the like is strictly prohibited. In the event of violation, the service provider will be reported to the authorities by us immediately. Participation in the prize draws is governed by the terms and conditions for participation in EMP prize draws and, where applicable, by special terms of participation for the specific prize draw that are agreed in connection with it. Ownership of free material gifts (extras) passes to you only upon expiry of the withdrawal period and the voluntary return period. If the gifts are tied to a minimum order value, the minimum order value refers to one order and must still be reached or exceeded after the exercise of statutory withdrawal rights or contractual return rights in relation to that order. If the value of your order falls below the respective minimum order value as a result of exercising a statutory right of withdrawal or contractual right of return (excluding warranty rights), the gift must also be returned together with the goods for that purchase. No claim to other gifts arises in this case.

13. Prize Draw Terms and Conditions

These terms of participation apply to all prize draws of E.M.P. Merchandising Handelsgesellschaft mbH (hereinafter "EMP") and Why Now.

The T&Cs of EMP and Why Now apply in addition. In the event of conflicting terms, these terms of participation take precedence.

1. Participation

1.1 The specific way to participate (e.g. via online registration) is stated in the respective prize draw.

1.2 Participation in the prize draw is free of charge.

1.3 Participation is only possible during the period stated in the respective prize draw or until an expressly stated point in time. Late participation due to technical problems for which EMP is not responsible is excluded.

1.4 Eligible to participate in EMP's prize draws are natural persons of legal age who are resident in Germany.

Minors and other persons with limited legal capacity always require the consent of their legal representative(s) (e.g. a parent or guardian) to participate. This consent must also cover these terms of participation. Upon request, the consent must be presented to EMP in writing within seven days. Participation without the consent of the legal representative always results in exclusion from the respective prize draw and the loss, without replacement, of any prize claims. EMP may generally exclude minors from a prize draw.

1.5 Employees of EMP and Why Now including affiliated companies and their relatives, as well as employees of any sponsors/cooperation partners of the prize draw and their relatives, are excluded from participation.

1.6 Participants who provide false information about themselves when participating will be excluded.

2. Prizes

2.1 The prizes are provided by EMP, Why Now or a prize sponsor.

2.2 The item shown as a prize in the prize draw is not necessarily identical to the item won. There may be deviations in model, color or the like. This also applies if the prize is no longer available in the presented version (model change, seasonal goods, etc.). The winner will then receive an equivalent replacement or a voucher from the cooperation partner in the amount of the value of the original prize.

2.3 For travel prizes, processing takes place exclusively through direct contact between the winner and the respective prize sponsor or a tour operator commissioned by the sponsor. The tour operator's travel terms apply to the travel services. There is no entitlement to a specific travel date. If the trip is not started at the date or within the period specified by the prize sponsor or tour operator, the claim to the prize lapses.

If a price for the trip is stated in the announcement of the prize draw, it refers to the most expensive travel season; the price varies seasonally. Resulting differences in value will not be compensated. Minor participants and other persons with limited legal capacity can only take the trip accompanied by their legal representative. Any additional costs arising from this are borne by the winner or their companion. Unless otherwise stated in the prize draw or expressly agreed, the winner (and any companion) must bear the costs of travel to and from the starting point of the trip (airport, train station, etc.). The same applies to all incidental costs incurred during the trip (minibar, telephone, meals, etc.).

2.4 Payment in cash, exchange or assignment of the prize (including its individual components or a substitute prize) is excluded.

2.5 Participants are aware that certain prizes can only be used after reaching a certain age limit and/or fulfilling certain (statutory) requirements (e.g. driving a motor vehicle). This age limit and the statutory requirements must always be observed when using or redeeming the prize.

2.6 The winner bears all costs associated with the prizes, unless expressly agreed otherwise. This applies in particular to any required registration costs, travel costs, insurance, taxes and fuel for operation. For deliveries, clause 1.5 applies, and for travel prizes, clause 2.3.

2.7 If the prize draw includes consolation prizes, all valid participants who did not win a main prize receive a consolation prize after the draw, while supplies last.

3. Determination of Winners

3.1 The prizes are drawn once among all participants in the prize draw (winners are determined at random by drawing lots). Each winner receives only one prize.

3.2 If participation in a prize draw is via the purchase of items, multiple orders/purchases do not increase the chances of winning and are counted as one order of the respective participant. A minimum order value is not a prerequisite for participation.

4. Notification of the Outcome of the Prize Draw

4.1 To notify all participants of the outcome of the prize draw, we send an email to the email address provided. The winner will be notified by email or telephone. There is no obligation for the winner to accept the prize. The winner will inform EMP by email or telephone within seven days of being notified of the prize whether they accept or decline it.

Notwithstanding this, the period for accepting a prize may also be shortened. In this case, the deadline for accepting the prize will be specifically pointed out in the respective prize draw.

If a winner cannot be reached on the basis of the contact details provided, or declines the prize notified to them, or fails to submit any of the aforementioned declarations to EMP in due time, their claim to the prize lapses without replacement.

In these cases, EMP may draw the prize again.

4.2 If the prize draw includes consolation prizes, we will send an email notification to all participants who receive a corresponding consolation prize.

5. Delivery of Prizes

5.1 Prizes are delivered only within Germany, free of charge, to the winner's home address. A maximum of two delivery attempts will be made. After that, the winner has the option of collecting the prize from EMP (headquarters in Lingen) within four weeks of the last unsuccessful delivery attempt. If this period expires, the claim to the prize lapses without replacement.

5.2 If delivery is made by freight forwarder, the forwarder will contact the winner to arrange a delivery date. Delivery generally takes place Monday to Friday between 8:00 a.m. and 6:00 p.m. In addition to their address, the winner must provide an alternative address in their immediate vicinity (maximum 100 m away). The winner agrees that, in their absence, the prize will be delivered to this alternative address. If the forwarder finds no person willing to accept the prize at either the winner's address or the alternative address, a message will be left. The winner must bear the costs of any repeated delivery. After the second unsuccessful delivery attempt, the winner has the option of collecting the prize directly from EMP (headquarters in Lingen) within four weeks of the last unsuccessful delivery attempt. If this period expires, the claim to the prize lapses without replacement.

5.3 Motor vehicles must be collected from EMP or the prize sponsor at the winner's own expense. EMP will inform the winner of the place of collection.

6. Manipulation

Any kind of manipulation of the respective prize draw is prohibited. Entry or participation through so-called "prize draw entry service providers" or the like, other automated entry systems and other technical methods of manipulation is strictly prohibited.

7. Consequences of Violations

In the event of violations of these terms of participation or statutory provisions by participants, EMP reserves the right to exclude the participant from participation. This applies in particular in the case of false information about the participant's identity and manipulation of the prize draw. Exclusion results in the loss, without replacement, of any prize claim and may also take place retroactively, in which case a prize can be reclaimed. Other claims of EMP are expressly reserved.

8. Liability and Warranty Claims

8.1 EMP is not liable for material and/or legal defects in prizes donated by prize sponsors/cooperation partners, in particular for defects in the execution of any travel prizes. This is a direct benefit (gift) from the prize sponsor to the winner. EMP acts merely as the sponsor's representative. Defects must be asserted directly against the prize sponsor. EMP will disclose the name and address of the prize sponsor to the winner if defect claims are asserted.

8.2 EMP is liable without limitation insofar as the cause of damage is based on intent or gross negligence. EMP is further liable for slightly negligent breaches of essential obligations whose breach jeopardizes the achievement of the purpose of the contract, or for breaches of obligations whose fulfillment is a prerequisite for the proper performance of the contract in the first place and on whose compliance the contractual partner regularly relies. In this case, however, EMP is only liable for the foreseeable damage typical for this type of contract. EMP is not liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.

Insofar as the liability of EMP is excluded or limited, this also applies to the personal liability of EMP's representatives and vicarious agents.

9. Change or Termination of the Prize Draw / Change of the Terms of Participation

9.1 EMP reserves the right to change, restrict or terminate the prize draw in whole or in part at any time without prior notice, within a reasonable period. This applies in particular if proper execution of the game cannot be guaranteed for technical or other reasons, or if the fairness of the game appears to be impaired. No claims arise for participants as a result.

9.2 If EMP intends to change these terms of participation, the proposed change will be communicated to the participant by email. The changes are deemed approved if the participant does not object in text form. EMP will specifically point out this consequence in the notification. The objection must be received within four weeks of receipt of the notification. If the participant exercises their right to object, EMP's requested change is deemed rejected. The contract will then continue without the proposed changes. In this case, EMP has a special right of termination.

10. Data Protection

We use your data in connection with the performance of the contract, and beyond that only with your consent. You can find more details in our privacy policy.

11. Miscellaneous

11.1 Recourse to the courts is excluded. Should individual provisions of these terms become invalid, the validity of the remaining terms of participation and implementation shall remain unaffected.

11.2 Apple, Inc. ("Apple") does not participate in or sponsor our prize draws or competitions.

14. Disposal and Environmental Protection

For information regarding batteries and electrical and electronic devices, please refer to the section "Disposal and Environmental Protection".

15. Provider Identification pursuant to the Telemedia Act (§ 5 TMG)

Address:
E.M.P. Merchandising Handelsgesellschaft mbH
Darmer Esch 70 a
49811 Lingen
Germany

Return address (postal address for returns):
E.M.P. Merchandising Handelsgesellschaft mbH
Returns
Darmer Esch 333
49811 Lingen
Germany

Contact
Monday – Friday: 8:00 a.m. – 6:00 p.m.
Saturday: 9:00 a.m. – 2:00 p.m.
Phone: +49591-914310
Email: [email protected]

VAT ID: DE178881350
Commercial register: Registered at the Local Court of Osnabrück, HRB 100299
Managing Director: Tom Kuper

Dispute resolution before a consumer arbitration board (§ 36 VSBG): We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

16. Notice and Action Procedure

You can report products or other content that, in your opinion, do not comply with applicable laws or our T&Cs to us at the following email address: [email protected].

Your report must include the following elements:

the reasons why you consider the information in question to be illegal content
the exact location of this information (e.g. the precise URL)
name and email address of the reporting person, unless the reported information concerns an offense referred to in Articles 3 to 7 of Directive 2011/93/EU
a statement that the reporting person is convinced in good faith that the information provided in the report is accurate and complete

We will review these reports and inform you of the outcome. If we decide not to take any action, you have the option of having this decision reviewed by way of a complaint.

17. Final Provisions

These terms and all purchase contracts concluded in accordance with these terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a private end consumer without residence within the European Union, our registered office is the place of jurisdiction. We thank you for the trust you have placed in us and for your interest in our company. Our customer service will gladly answer any questions you may have. We look forward to your order.