Terms and Conditions (GTC)
Attachment to the engagement agreement
1.1. The preparation and implementation of the artist's performance are the subject of the order confirmation/contract, the technical instructions and the general terms and conditions.
1.2. These General Terms and Conditions apply to all contracts, deliveries and other services, including future ones, unless they have been modified or excluded with written consent.
2. General conditions guaranteed by the organizer
2.1. The organizer makes the preparations customary in the industry and creates the technical, organizational and spatial conditions for the event to be able to take place. He informs the responsible building services and arranges for the technical instructions of the program to be fulfilled.
2.2. The organization and any permits for access and parking will be provided by the organizer free of charge.
2.3. Access from the parking lot to the venue should be at ground level or provided with a truck ramp so that the props can be delivered. Stairs require assistants to transport the props. Doors and stairs must be large enough to allow props (1 x 2 m) to fit through. The venue must be cleared, heated and clean before the start of construction. If there are multiple performances, the venue will be cleaned after each performance.
2.4. Sound and lighting are available.
2.5 A heated room for changing with tables, chairs, mirrors and coat racks and catering for the artist, his employees and the technicians including a warm meal before or after the show will be provided upon arrival at the performance location.
2.6 If the conditions cannot be met or special technical difficulties are known, the organizer will provide more detailed information four weeks before the event at the latest in order to make other arrangements.
2.7 The organizer is liable for the proper course of the event.
2.8 The organizer takes the necessary safety precautions.
3. Fee / fee
3.1. Unless otherwise agreed, the fee will be paid 50% before the event and 50% within 7 days after the end of the performance(s) after invoicing by bank transfer.
4. Damages / Liability
4.1. If the organizer does not fulfill his obligations under this contract or does not do so in good time, the artist may withdraw from the contract or request a substitute performance.
4.2. The artist has taken out professional liability insurance for himself and for the people working on his behalf. The artist is liable for damage caused intentionally or through gross negligence.
4.3 The organizer is liable for all personal injury and property damage within the event rooms and for injuries to visitors and damage to their property during the event. The organizer releases the artist from claims for damages by third parties.
4.4 The organizer is liable for theft of and damage by third parties to the artist's property during storage in the venue and during performances.
4.5 If there are unforeseeable incidents that make it unreasonable for the artist to hold the event (e.g. sustained disruption by visitors, missing visitors, technical faults), the artist is entitled to cancel the event, but retains the full right to fees and reimbursement of costs.
4.6 In the event of non-compliance with the contract, a contractual penalty in the amount of the fee will be agreed for both parties. It is not due if the performance cannot take place due to illness or force majeure or if an equivalent replacement can be obtained.
5. Copyrights / Proprietary Rights
5.1. Image and sound recordings of the performances may only be published with the artist's written approval. In this case, the artist receives a recording of his performance for free use. The artist provides press information and photos free of charge.
Image and sound recordings of the performances may be made after written approval by the artist
to be published. If the organizer takes photos or videos, the artist receives the recordings
from its performance for free use. The artist is entitled to videos and photos of his performance
make and publish. The artist provides press information and photos free of charge.
Artists and organizers undertake to comply punctually
5.2. Short recordings by radio and television, which serve to provide the public with the usual up-to-date information (less than 3 minutes), are permitted by prior arrangement.
5.3. Props and technical devices that are made or purchased by the artist for the preparation and implementation of performances on behalf of the organizer remain in the artist's possession after the end of the performance.
5.4. The artist is entitled to make photo and video recordings of his show and to use them for advertising purposes.
6. GEMA fees / KSK fee
GEMA fees and KSK fees are borne by the organizer.
7. Advertising (only for public performances, does not apply to dinner shows)
If admission tickets are sold to the public, the organizer undertakes to make the organizational preparations customary in the industry and to actively advertise with the materials provided. Details may need to be agreed with the artist. Active advertising includes the timely posting of all posters in public places, the information of all local editors (press, possibly radio and television) and two days before the event a repeated telephone contact with the most important editors. There must be no advertising in front of, next to or behind the stage (not even for sponsors) without prior agreement. Advertising on the event posters for other purposes may only take place after prior written agreement.
Should individual conditions be wholly or partially ineffective, the others remain unaffected. Ineffective conditions will be replaced by those that come closest to the purpose of the contract while adequately safeguarding the interests of both parties.
9. Changes and Additions
Changes and additions as well as verbal ancillary agreements to the contract only become binding after written confirmation. Regulations made in the General Terms and Conditions are superseded by regulations in the contract or the technical instructions.
The contractual partner is informed that the data collected in connection with the implementation of the program will be stored (§ 26 BDSchG).
11.1 The artist undertakes to appear on time. The organizer undertakes to start the event on time.
11.2 The organizer ensures that side and rear view are excluded during the performance.
11.3 The organizer provides the artist and his assistant with one night's accommodation in two single rooms.
11.4 Confidentiality is agreed on the content of the contract.
11.5 The artist pays taxes on his income at the FA Tübingen (tax number: 86489/621 53).
11.6 GEMA fees and KSk taxes - if necessary - are borne by the organizer.
11.7 The artist will be provided with up to 6 guest or press tickets for public events, if possible and available.
Terms and Conditions (GTC)
for ordering in the SHOP
§ 1 Scope
The following general terms and conditions apply exclusively to the business relationship between us and the customer in the version valid at the time of the order. This also applies to all future transactions. We do not recognize deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing.
§ 2 Conclusion of contract
The customer's order is a binding offer. The purchase contract is concluded when we have confirmed acceptance of the order in writing or the delivery has been made. If, contrary to expectations, the ordered items are no longer in stock or can no longer be delivered, we are not obliged to carry out the order. However, we will inform the customer immediately if we do not accept the order or cannot deliver within 2 - 3 weeks. The customer's offer relates to the goods as shown or described on our website. We reserve the right to make minor deviations in the color, design and decor of the goods compared to the depiction on our website. We are entitled to deliver goods of equivalent quality and price in place of the goods ordered. In the case of writing, printing and calculation errors on the website, we are entitled to withdraw.
§ 4 Delivery, Passing of Risk, Delivery Periods
The delivery takes place from our place of business in Tübingen to the delivery address specified by the customer. The risk passes to the customer as soon as the delivery has been handed over to the company or person commissioned with the shipment. This also applies if partial deliveries are made. We reserve the right to choose the type of shipment unless a specific type of shipment has been agreed in writing with the customer in advance. Information about a delivery period is always non-binding, unless a specific delivery date has been expressly promised in writing as an exception.
§ 5 Maturity, Payment, Default
The purchase price is due immediately with the order. For the first two orders, the customer only has the option of paying the purchase price in advance, PayPal or in cash (when collecting the goods in Tübingen / Germany). Our bank details will be communicated to the customer by e-mail when placing an order and paying in advance. For regular customers, we will also deliver against invoicing. If the customer is in default of payment, we are entitled to demand interest on arrears at a rate of 5% p.a. above the base interest rate of the Discount Rate Transition Act. Orders that have already been paid for and not accepted or returned with incomplete or incorrect address information: A fee of EUR 20 will be charged for a reshipment. The fee includes the return shipping cost and reshipping cost. The reshipment will take place when we have received the return and the fee of 20 EUR has been transferred.
§ 6 offsetting, retention
The customer only has the right to offset if his counterclaims have been legally established or recognized by us. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 Retention of title
The delivered goods remain our property until all claims against the customer arising from the business relationship have been settled in full. § 8 Warranty for defects and liability If there is a defect in the purchased item for which we are responsible, we are entitled to choose between remedying the defect or delivering a replacement. If we are not willing or able to remedy the defect/replacement or if this is delayed beyond a reasonable period of time for reasons for which we are responsible or if the remedy of the defect/replacement fails in any other way, the customer is entitled to withdraw from the contract at his own discretion to withdraw or to demand a corresponding reduction in the purchase price. As far as legally permissible, further claims of the customer - regardless of the legal grounds - are excluded. This also applies to the personal liability of employees, representatives and vicarious agents. If we have negligently violated an essential contractual obligation, the obligation to pay compensation for property damage or personal injury is limited to the damage that typically occurs. The warranty period is 6 months, calculated from the transfer of risk. This period is a statute of limitations and also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted. We assume no liability for defects that have arisen through improper use or are based on normal wear and tear. Complaints about defects are to be communicated to us in writing immediately after the customer has become aware of them.
§ 9 Place of performance, applicable law Place of performance Tübingen
Informing the consumer in accordance with the Distance Selling Act (in addition to our General Terms and Conditions)
(Section 2, paragraph 2, number 2, essential characteristics of the goods and Section 2, paragraph 2, number 4, reservation to provide goods of equivalent quality and price)
object of purchase
Your offer relates to the goods as shown or described on our website. We reserve the right to make minor deviations in the color, design and decor of the goods compared to the depiction on our website. We are entitled to deliver goods of equivalent quality and price in place of the goods ordered.
(§ 2, Para. 2 No. 2) Conclusion of the contract
Your order is a binding offer. The purchase contract is concluded when we have confirmed acceptance of the order in writing within this period or the delivery has been made.
(§ 2 Para. 2 No. 4 reservation not to provide the promised service in the event of their unavailability) Unavailability of the ordered goods If, contrary to expectations, the ordered items are no longer in stock or can no longer be delivered, we are not obliged to carry out your order. However, we will inform you immediately if we do not accept the order or cannot deliver within 2 - 3 weeks.
(§ 2 Para. 2 No. 5) Price of the goods including all taxes and other price components
All prices include the currently applicable statutory value-added tax. Packaging and shipping costs are calculated separately and charged to you.
(§ 2 Para. 3 No. 1) Cancellation or return period You are entitled to cancel the contract within 14 days of receipt of the goods (or the first partial delivery of the goods).
(§ 2 Para. 3 No. 1) Exercising the right of withdrawal
The revocation has no justification. You can declare the revocation by either declaring the revocation to us on a durable medium (e.g. by letter) or by sending the goods back to us. The timely dispatch of the revocation or the timely return of the goods is sufficient to meet the deadline. In order to avoid misunderstandings, please always send the goods back to us insured and with proof.
(§ 2 Para. 3 No. 1) Consequences of the revocation
If you exercise your right of withdrawal, you are obliged to send the goods back to us. If the value of the item to be returned does not exceed an amount of 40 euros, you will bear the costs of the return. You also have to pay for the return delivery if you have not yet provided the consideration or a partial payment at the time of the revocation in the case of a higher price of the item, unless the delivered goods do not correspond to those ordered, then we will bear the costs of the return shipment . If you have paid via PayPal, we will return the amount; if you paid in advance, we will initiate a return transfer.
(§ 2 Para. 3 No. 1) Exclusion of the right of withdrawal
There is no right of withdrawal if the goods have been manufactured according to your wishes or are clearly tailored to your personal needs. The right of withdrawal is also excluded if the goods are not suitable for return due to their nature. Insofar as the delivered goods are audio or video recordings (or software) and these are sealed, there is also no right of withdrawal if you have unsealed the goods. Magic items belong under the category "Secret Sale". Opened packaging and read descriptions of the magic tricks lead to a purchase obligation and release us from taking them back.
(§ 2 Para. 3 No. 3) Information on warranty or guarantee conditions
If there is a defect in the purchased item for which we are responsible, we are entitled to choose between remedying the defect or delivering a replacement. If we are not willing or able to remedy the defect/replacement or if this is delayed beyond a reasonable period of time for reasons for which we are responsible or if the remedy of the defect/replacement fails in any other way, you are entitled to withdraw from the contract at your option or to demand a corresponding reduction in the purchase price. As far as legally permissible, further claims - regardless of the legal grounds - are excluded. The warranty period is 6 months, calculated from the transfer of risk.
This period is a statute of limitations and also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted.
(§ 2 Para. 3 No. 2) Address
You can reach us at the following address: Julius Frack SHOP, Friedhofstr. 3, 72074 Tuebingen, Germany