Terms and Conditions

Please note: This is a translation provided for your convenience. In case of any discrepancies, the German version (AGB) prevails and is legally binding.

Section 1 Scope, definitions

(1) Richard Schürf GmbH, Solothurner Str. 49, 81475 Munich, Germany (hereinafter: “we” or “Freeheeler”) operates an online shop for goods and services at https://www.freeheeler.eu, as well as a registration and booking service for the Freeheeler Campus at https://www.freeheeler-campus.com. The following General Terms and Conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless expressly agreed otherwise. They expressly also apply to registrations and bookings made via https://www.freeheeler-campus.com.

(2) A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their self-employed professional activity. An “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and to incur liabilities.

Section 2 Conclusion of contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed through our online shop at https://www.freeheeler.eu.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) The following provisions apply when an order is received in our online shop: the customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

• selection of the desired goods or service(s),
• adding the products by clicking the corresponding button (e.g. “Add to basket”),
• checking the details in the shopping basket,
• calling up the order summary by clicking the corresponding button (e.g. “Proceed to checkout”, “Continue to payment”),
• entering/checking the address and contact details, selecting the payment method, confirming the Terms and Conditions and the Right of Withdrawal information,
• where the agreed condition of the goods deviates from their usual condition and conditions of use, confirmation of a negative quality agreement,
• confirmation of the shortened limitation period when purchasing used items,
• completion of the order by clicking the “Buy now” button. This constitutes your binding order.
• The contract is concluded when you receive an order confirmation from us at the e-mail address you provided within three working days.

(4) If a contract is concluded, it is concluded with Richard Schürf GmbH, Solothurner Str. 49, 81475 Munich, Germany.

(5) Before placing the order, the contract data can be printed using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the Terms and Conditions and the Right of Withdrawal information, takes place by e-mail after you have placed the order, in part automatically. We do not store the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back” button). They can also be corrected by cancelling the ordering process early, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

Section 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract in our online shop is:

• the sale of goods. The specific goods offered can be found on our product pages.
• the provision of services (in particular events, workshops and testivals). The specific services offered can be found on our product pages.

(2) Where a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the updates required to maintain functionality and the necessary security updates are also part of the subject matter of the contract.

(3) The essential characteristics of the goods and services can be found in the product description. Where the agreed condition of the goods deviates from their usual condition and conditions of use, this is expressly stated in the product description (negative quality agreement). Insofar as the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.

Section 4 Prices, payment, shipping costs and delivery

(1) The prices stated in the respective offers are total prices and include all price components including all applicable taxes (in particular statutory VAT). Any additional shipping costs are shown separately.

(2) The respective purchase price is due for payment immediately upon completion of the order. The following payment methods are available to you:

• credit card (Visa, Mastercard) – processed via our payment service provider Stripe,
• Apple Pay – processed via Stripe,
• Google Pay – processed via Stripe,
• PayPal.

Which payment methods are available in the specific ordering process will be shown to you during checkout. Unless otherwise stated for the individual payment methods, payment claims are due immediately.

(3) In addition to the stated product prices, shipping costs apply unless the respective item is marked as shipped free of charge. Unless stated otherwise during the ordering process, the following shipping costs apply:

• Germany: € 6.90 per order; from an order value of € 100.00 we deliver free of shipping charges.
• Austria: € 12.90 (for an order value below € 100.00).
• Italy: € 14.90 (for an order value below € 100.00).
• Switzerland: € 24.90 (for an order value below € 100.00).
• From an order value of € 100.00, shipping costs for deliveries abroad are calculated by weight and zone.

The shipping costs specifically applicable to your order will be clearly communicated to you again in the shopping basket and in the order summary before you place your order. Any customs duties, import VAT or other charges for deliveries to countries outside the EU (in particular to Switzerland) are to be borne by the customer.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch. The delivery time is stated in the respective product description.

(5) We deliver worldwide.

Section 5 Updates, upgrades, consumer’s duties to cooperate

(1) Where a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the customer will be provided with regular updates that ensure the functionality and the (IT) security of the purchased item (e.g. security updates against new security threats).

(2) We are entitled to also use a third party to provide the updates (e.g. the manufacturer or its supplier).

(3) The period during which updates are provided depends on the type of the respective purchased item and is explained in the product description.

(4) Consumers are informed about the provision of updates and about the proper installation of these updates.

(5) The customer is obliged to install the updates provided properly in accordance with the installation instructions.

Section 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

Section 7 Right of withdrawal

As a consumer you have a statutory right of withdrawal when purchasing goods. This is governed by our Right of Withdrawal information. In addition, we grant a voluntary 30-day return guarantee; details of this can also be found in our Right of Withdrawal information. There is no right of withdrawal for date-specific event tickets and bookings (see Section 8).

Section 8 Cancellation of event tickets and bookings (Freeheeler Experience / FEO)

(1) For bookings of date-specific events, workshops, testivals and comparable leisure services (hereinafter “event tickets”) there is no statutory right of withdrawal pursuant to Section 312g(2) no. 9 BGB (German Civil Code), as these are services connected with leisure activities for which a specific date or period is provided.

(2) As a gesture of goodwill we grant you the following staggered cancellation option for event tickets. The decisive factor for the deadline is our receipt of your cancellation notice (by e-mail to info@freeheeler.eu) in relation to the start of the event:

• cancellation more than 60 days before the start of the event: refund of 90 % of the amount paid,
• cancellation 60 to 30 days before the start of the event: refund of 50 % of the amount paid,
• cancellation less than 30 days before the start of the event: no refund (0 %).

(3) Instead of cancelling, you may name a substitute participant up until the start of the event, who will take part in the event in your place on the same terms. Please send us the details of the substitute participant by e-mail in good time before the start of the event.

(4) Further statutory rights, in particular in the event of a cancellation of the event by us, remain unaffected. If we cancel an event, we will refund the full amount paid.

Section 9 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual duties and in tort is limited to intent or gross negligence.

(2) In cases of slight negligence we are liable without limitation for injury to life, body or health, or for the breach of a material contractual obligation. If we are in default of performance through slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for resulting damage to property and financial loss is limited to the damage typically foreseeable under the contract. A material contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose observance you may regularly rely. This includes in particular our obligation to act and to render the contractually owed service described in Section 3.

(3) If, when purchasing goods with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that has been provided to them and about whose availability they have been informed within a reasonable period, we are not liable for a defect that is attributable solely to the absence of that update.

Section 10 Contract language

German is the only contract language available.

Section 11 Statutory warranty / customer service

(1) The statutory warranty is governed by the statutory provisions.

(2) When purchasing used items, the warranty period is 12 months.

(3) Towards entrepreneurs, the warranty period for delivered items is 12 months.

(4) As a consumer you are asked to check the item or the service rendered for completeness, obvious defects and transport damage immediately upon performance of the contract and to notify us and the carrier of any complaints as quickly as possible. If you do not do so, this of course has no effect on your statutory warranty claims.

(5) Our customer service for questions, complaints and objections is available at Richard Schürf GmbH, Solothurner Str. 49, 81475 Munich, telephone +49 171 1481355, e-mail info@freeheeler.eu.

Section 12 Final provisions / dispute resolution

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.