The association “Ocean Club” organizes events in various areas and is active in the field of e-commerce.
The subject matter of these GTC is the use of services Ocean Club provides to buyers. The consent to this SFC is given by using the corresponding services. The buyer can be requested by Ocean Club to repeat his agreement to the terms and conditions by clicking on an appropriate confirmation field when using individual services.
All services are subject to Ocean Club’s terms and conditions accessible through the web shops and other sales channels. Ocean Club can change the service offer at any time or stop the provision of services.
3.1 Ordering products
It is the sole responsibility of the buyer to place orders for festival passes via the webshop in good time before the date of the event.
3.2 Product order confirmation
After completion of the order process of a product, the buyer receives an order confirmation by e-mail. This expressly does not constitute acceptance of the offer by Ocean Club.
IV. Delivery of products
The products will be delivered or shipped to the postal address provided by the buyer.
The buyer is obliged to inspect the products immediately upon receipt. Damage to the products or deviations of the delivered products from the ordered products must be reported by the buyer to Ocean Club within 3 working days. If the buyer fails to do so, the delivered products are deemed approved (Art. 201 OR).
Benefit and risk are transferred to the buyer at the time of shipment at Ocean Club’s registered office (Art. 74 Par. 2 No. 2 CO). The buyer is responsible for the safekeeping of the products. The replacement of damaged or lost products is excluded.
Any trade in purchased products, in particular for commercial or commercial purposes, is prohibited unless this has been expressly approved by an authorised representative. Failure to do so may result in claims for damages and profit expenditure against the original buyer. Persons who violate these provisions may be excluded from sale.
The prices of the products accessible through the sales channels or shown are inclusive VAT. (where applicable)
7.1 Online order
When ordering, the products are paid in advance or by credit card. Payment must be made within 10 working days of the order date. The date of the payment order shall be decisive for compliance with the deadline. It is at Ocean Club’s discretion to decide which payment methods are permitted and whether/when products not paid in time are released for sale again.
VIII Return, Refund and Exchange
8.1 General information
The return of a product and the associated withdrawal from the purchase contract is only possible up to the receipt of payment at Ocean Club. After receipt of payment the right of return expires and the possession of the product passes to the buyer. Ocean Club reserves the right to waive the buyer’s right of return and the associated obligations in special cases such as misuse.
8.2 Handling of returns and refunds
There is no right to return goods. There is no refund of the purchase price.
Ocean Club provides its services carefully and professionally within its operational resources and foreseeable requirements, unless Ocean Club is prevented from doing so by circumstances beyond its control.
The buyer is aware that Ocean Club provides its services via the Internet. In particular due to technical malfunctions, operational disturbances as well as disturbances or interruptions of communication networks and a breakdown of IT infrastructures or other parts of the infrastructure used for the provision of services, temporary impairments or interruptions of the provision of services by Ocean Club may occur. Ocean Club therefore does not guarantee the uninterrupted availability and accuracy of its services.
In case of violation of its own contractual obligations under these terms and conditions Ocean Club is liable to the buyer without limitation for direct and proven damages caused by Ocean Club through unlawful intent or gross negligence.
Liability is expressly excluded for slight negligence as well as for indirect or consequential damages. Consequential damages are in particular loss of profit, damage to reputation and loss of data due to temporary impairments or interruptions in the availability of Ocean Club services as well as due to failure of distribution channels, transmission errors, late delivery of products, incorrect price or service information and errors in booking confirmations. Any liability of Ocean Club for contents on websites of organizers and other third parties that refer to the website of Ocean Club is also excluded.
The foregoing exclusions and limitations of Ocean Club’s liability do not apply in the event of culpable injury to life, limb and health caused directly by Ocean Club or in the event of mandatory legal regulations, including the provisions of the Product Liability Act.
XI. Liability of the buyer
The buyer is fully liable to Ocean Club for direct and proven damages caused by unlawful intent or gross negligence. For slight negligence the liability of the buyer towards Ocean Club is excluded.
XII. Intellectual Property
The website as well as the entire contents of Ocean Club accessible via the website (hereinafter “contents”) are protected by copyright and, unless otherwise specified, belong exclusively and comprehensively to Ocean Club. The website may contain references to the property rights and rights of use of third parties which must be observed by the purchaser. The (complete or partial) reproduction, distribution, transmission (electronically or by other means), modification, linking or use of the contents for public or commercial purposes is prohibited without prior written consent of Ocean Club.
XIII Final provisions
Place of performance for Ocean Club’s services including the delivery of products is Ocean Club’s registered office.
The buyer waives the right to offset claims against Ocean Club.
Ocean Club reserves the right to change these terms and conditions at any time. Changes will be posted on Ocean Club’s website and will be effective upon posting.
Should one or more provisions of these GTC be or become wholly or partly invalid or unenforceable, the validity or enforceability of the remaining provisions of these GTC or the purchase of products shall remain unaffected. In this case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the provision to be replaced. The same shall apply mutatis mutandis in the event that these GTC contain a loophole.
These GTC and any disputes arising from or in connection with the relationship between Ocean Club and the buyer shall be governed exclusively by Swiss law, to the exclusion of the conflict of laws provisions and the provisions of the UN Sales Convention (CISG).
Exclusive place of jurisdiction for all disputes between Ocean Club and buyer is the domicile of Ocean Club. Ocean Club is however entitled to sue the buyer at his domicile.