General Terms and Conditions for “Frequency Shop and Cashless”
of musicnet entertainment GmbH, Alser Strasse 24/13, 1090 Vienna
(hereinafter referred to as: the Event Organiser)
All goods and services must exclusively be paid with Frequency Cashless at the Frequency Festival (including at the campsite). The following terms and conditions apply exclusively to the acquisition, receipt and return of the Frequency Cashless data carrier, the recharging and emptying thereof, and payment with the data carrier, and all present and future deliveries and services, which are provided on site or within the framework of internet services under the domain https://frequency.at and its subdomains. No terms and conditions of third parties shall apply.
The services offered at https://frequency.at/shop constitute a non-binding request to you, as a potential contracting party, to submit a binding offer for the provided goods and services. You can submit such a binding offer by ordering in the online shop. However, we only enter into a contract with you if we have accepted your proposal by means of a separate confirmation or shipping of the goods.
Prices indicated on the website include statutory VAT, but exclude packaging and any shipping costs. Before submitting your contractual declaration, you will be shown the total costs (including any shipping costs). Invoices are payable immediately and without deductions. Default interest amounts to 8% per year. You are required to compensate for necessary costs of appropriate extrajudicial recovery and collection measures, provided they are in reasonable proportion to the collected amount of debt.
1. Frequency Cashless data carrier (card/chip)
1.1 In order to transfer credits that have been recharged online to the Frequency Cashless data carrier on site, you need to carry the printed confirmation of the topped-up credit and an official photo ID with you to be presented at the wristband station (= Bandausgabe).
1.2 Each Frequency Cashless data carrier is given a number. This allows you to see your credits and transactions at www.frequency.at/shop.
1.3 You need to personalise your Frequency Cashless data carrier by entering your name and email address at www.frequency.at/shop.
2. Recharging and running down
2.1 You can automatically top up Frequency Cashless in advance and online, at www.frequency.at/shop if your credit is too low, or directly at the Festival.
2.2 You can empty the Frequency Cashless data carrier until 31 December, 23:59 of the year in which you recharged the Frequency Cashless data carrier at https://www.Frequency.at/cashless . Please contact us by email at email@example.com for refunds by bank transfer. Refund bank transfers of credits are implemented within 14 days of you entering the correct refund transfer data.
3.1 In order to pay, you need to hold the Frequency Cashless data carrier onto the relevant reading device. The amount of your credit balance is debited upon confirmation.
3.2 Cancellations of already transacted debits are (naturally) impossible.
4. Online shop
4.1 All goods purchased in the online shop at the Festival should be collected directly on site from the Festival supermarket during opening hours. The entire order must be collected at the same time. Information on opening hours, the exact layout plan and tips on how to get your orders as quickly as possible can be found at https://www.frequency.at/fq-festival-gelaendeplan/gelaendeplan/.
4.2 Delivery only in household quanities.
5.1 The Event Organiser shall not be liable for improper use of the Frequency Cashless data carrier. The Event Organiser shall only be liable for intent or gross negligence in respect of damage resulting from culpable breach of contract in the event of its own fault or a vicarious agent being at fault. This does not apply to personal injuries.
5.2 Austrian law exclusively applies to legal disputes. Application of the UN Convention on Contracts for the International Sale of Goods, the conflict of law rules of the Austrian Private International Law Act (IPRG) and Regulation (EC) no. 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) is excluded. The place of performance is St. Pölten.
5.3 If you fail to collect so-called “goodies” in person at the Frequency Festival, these shall lapse. The same applies in the event of the Festival not being held for any reason whatsoever. Legal action is excluded for lotteries. Cash payments for goodies and winnings are excluded.
6. Dispute resolution and right of withdrawal
6.1 The Event Organiser is covered by the alternative dispute resolution bodies “online dispute resolution” (https://webgate.ec.europa.eu/odr) and “Internet ombudsman” (www.ombudsmann.at). If you as the contracting party are a consumer, the specified platforms provide you with the option to use extrajudicial dispute resolution from an impartial arbitration body.
Contact email address is: firstname.lastname@example.org
7. Right of cancellation (see also: [www.frequency.at/faq/cashless)
You are entitled to cancel a contract concluded by means of distance selling without giving reasons. The cancellation period amounts to fourteen days from the day on which you or a designated third party, who is not the promoter, have or has taken possession of the goods.
In order to exercise your right of cancellation, you must advise us, musicnet entertainment GmbH, Alser Strasse 24/13, 1090 Vienna, of your decision to cancel this contract by means of an unambiguous statement (e.g. a letter sent by post or an email). In order to do so, you may use the enclosed sample cancellation form, but this is not mandatory. In order to comply with the cancellation period it is sufficient to send notice exercising your right of cancellation before the cancellation period expires.
If you cancel this contract, as Event Organiser we shall immediately reimburse all payments that we received from you, including delivery costs (except for additional costs resulting from the fact that you chose a method of delivery other than the most favourable standard delivery offered), and not later than within fourteen days from the day on which we received the notice of your cancellation of this contract. We will use the same currency for such reimbursement that you used in the original transaction, unless explicitly agreed with you to the contrary; you will not be charged fees for such reimbursement.
Sample cancellation form
If you wish to cancel the contract, please fill out this form and send it to:
musicnet entertainment GmbH, Alser Strasse 24/13, 1090 Vienna , email@example.com
I/We (*) hereby give notice of cancellation of my/our (*) contract to buy the following goods (*)/ provide the following service (*)
Ordered on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in the event of notice issued on paper)