Terms and Conditions of Highlight Event AG

These Terms and Conditions (hereafter referred to as ‘T&C’,) constitute the contractual relationship between the customer (hereafter also referred to as You) of the webshop www.shop.eurovision.tv (hereafter ‘Webshop’) and Highlight Event AG, Alpenquai 28a, CH-6005 Luzern (hereafter referred to as Seller’)

1. Scope

The T&C apply to all concluded contracts between You and the Seller via the webshop.

These T&C shall apply as amended at the time contracts are concluded.

2. User Account

Should You wish to avail of additional features and functions for registered users, You must register online at the webshop and create an account.

It is Your responsibility to provide accurate information regarding Your personal details and in addition You must keep all login data secret and You must ensure that it is not accessible to third parties. The Seller reserves the right at any time and without stating reasons to delete the user account and/or to block access to the user account.

You are obliged to contact and inform the Seller immediately if You suspect that Your user account is being or has been compromised. You are in principle liable for all orders and/or contracts which were performed via the use of Your user account. You are not liable, should You be able to establish, that You informed the Seller without delay and that You have not violated Your obligation to exercise due diligence with regard to Your user account.

3. Order Authorisation

You are eligible to place orders provided You are of sound judgement and at least 18 years of age. By submitting the order You confirm that You comply with these conditions.

If You have provided incorrect information and for this, or other reasons, a contract has been agreed with You, even if You do not do not comply with the conditions stated above, the Seller has the right to withdraw from the contract at any time.

4. Proposal presentation and ordering process

All information published on the webshop site about the products and their specifications, as well as illustrations of the products, are non-binding and can be modified or corrected at any time by the Seller prior to or until the conclusion of the contract.

On sending the order, by clicking the ‘buy’ button at the end of the ordering procedure, You are submitting a binding offer to purchase the products contained in the shopping basket. At the same time, You accept, with the sending of the order, these T&C.

The order is acknowledged immediately by means of an order placement confirmation E-Mail sent to the E-Mail address provided by You. This order placement confirmation summarises the details of the order but does not yet constitute acceptance of a contract by the Seller. The contract is not concluded until the delivery of an order confirmation, a shipping confirmation or by delivery of the products.

You explicitly agree and consent, that the delivery of digital content, which is not supplied to You on a tangible medium, can be carried out immediately upon receipt of the order by the Seller and therefore any possible right of withdrawal in accordance with section 6 below, is waived.

You can search through the products by means of the search function or by category. With a click on the button ‘Add to Shopping Cart’ You can add the products You wish to buy, to the cart. When You wish to complete Your order, a click on the ‘Checkout’ button is required. Following selection of the payment options and, where applicable, the shipping options, and stating Your personal and shipping information (which as a guest must always be re-entered for every order); You will receive an overview of Your order which will show the content of Your shopping cart, the shipping costs and the total cost of the order both including and excluding MwSt (VAT). You can complete the order by clicking on the ‘Buy’ button. The payment process then follows according to the payment method You have selected.

The order can be interrupted at any time before clicking the ‘Buy’ button . You can increase or decrease the desired quantity of each individual product added to Your shopping cart or You can remove the item(s).

5. Storage of Order Data

The Seller saves Your ordering information and, in addition, as part of the order confirmation, sends You an overview of Your order via E-Mail. All orders can be viewed in Your user account. The T&C can likewise be accessed at any time via the webshop.

6. Right of Withdrawal

If you are a customer resident in an EU Member State you have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us

Highlight Event AG Seetalstrasse 190
6032 Emmen Switzerland
[email protected]

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model Withdrawal Form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise;

in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to Highlight Event AG, Wachholderstrasse 42, DE-40489 Düsseldorf, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

7. Exceptions from the right of withdrawal

Please note that there is no right of withdrawal for the following products according to Section 6 below:

  • for sound or video recordings or computer software which were delivered to You in a sealed package and You removed this seal after delivery;
  • for digital content, which is not supplied to You on a tangible medium.

8. Prices and Shipping costs

The price is determined in accordance with the date of the order.

For logistical reasons, the Seller sends You Your products from its warehouse in Düsseldorf, Germany. The prices specified in the webshop are therefore inclusive of German value added tax (MwSt/ VAT). Before completing the order process, You will receive a summary of Your order which shows the final price of the order including (MwSt /VAT) and shipping costs.

Should Your residence be outside the European Union, You will receive a summary of Your order which shows the final price of the order excluding

MwSt/VAT and the order will be delivered exclusive of MwSt/ VAT. A possible value added tax in the country of destination must be paid if necessary, according to the applicable legal requirements, to the competent authority. This also applies for import duties and miscellaneous levies.

9. Payment

Orders from the online shop can be paid with Visa, Master Card or PayPal. The payments are processed via Braintree Payments. The credit card information You provided during the order process is transmitted via an encrypted connection. As part of the ordering process, before confirmation of the order, the creditworthiness and card coverage is checked. The charge to Your credit card or PayPal account occurs at the time of Your order.

10. Delivery Deadlines

If the products in the online shop are indicated as being ‘In Stock’, the Seller ships the products -subject to Your order being accepted- following receipt of the order and after payment is received, within 1 to 3 days. The delivery time depends on the destination and the duration of a potential customs clearance. You can check the status of Your delivery at any time by accessing the tracking information contained in the delivery confirmation.

For shipping delays which You or a third party (for example, a logistics partner) are responsible for, or for cases caused by force majeure, the Seller accepts no liability. Should the delivery be delayed by more than 30 days following conclusion of the contract, You are entitled to withdraw from the contract. You can cancel the contract by informing the customer service department by E-Mail (see Section 13 below).

11. Customer’s Inspection Duties

You shall examine the products at the time of delivery for visible defects and You shall document any such defects. You must also ensure on receipt of delivery that it corresponds to the products ordered and that it is complete. Any deviations, transport damages as well as visible defects are to be reported to the Seller by E-Mail to the customer service within five days of the delivery (see Section 13 below).

The violation of the above obligation does not affect mandatory warranty claims of the customer.

12. Warranty

For material and title defects, the legal warranty period of two years from the date of delivery applies, whereas it is up to the Seller to rectify the defects at its discretion by subsequent improvement or by delivery of a replacement, redhibitory action or price reduction. All services of the Seller with regards

to Your warranty claims are performed at the Seller’s headquarters or at the headquarters of a third party appointed by the Seller.

All warranty claims are void or excluded in cases such as:

  • damage to the product resulting from normal wear and tear and aging;
  • damage to the product due to improper use or failure to comply with the product’s instructions, in the event that You are not able to prove that this improper use was as a result of erroneous instructions;
  • damage to the product resulting from repair or other interference which was not carried out by the Seller or by this authorised third party;
  • in the case of visible defects which were not reported in writing to the Seller within the five day deadline.
For a smooth processing of warranty claims, please contact our customer service. Our customer service will send You a return application form. To process the warranty claims, the product(s) must be returned.

If the returned products show no recognisable defect or if the defect falls under the aforementioned warranty disclaimers, then You bear the costs of the return shipment. In the event of defects, the Seller will reimburse the return shipping costs to You up to the value of a standard economical delivery.

Without limiting the foregoing, You will have no further claim for warranty for defects in the products. In particular, any compensation claims for indirect or consequential damages are ruled out.

In any case further or deviating, the statutory mandatory warranty or liability claims shall remain reserved.

13. Customer Service

The Seller’s customer service is Your contact for all queries, problems and complaints with regards to the webshop. You will receive information and support at:

Highlight Event AG
Seetalstrasse 190
CH-6032 Emmen
[email protected]
Tel. +41 41 226 05 90

14. Data Protection

Data processing takes into account the data processing principles published at www.shop.eurovision.tv

15. Applicable Law and Jurisdiction

These T&C and the concluded contracts based on these T&C are subject to Swiss law, excluding its conflict of law provisions to international law of Swiss International private law (IRPG) or international treaties.

Jurisdiction is the residence of the customer in Switzerland. If You are not a consumer and/or do reside or have a residence in Switzerland, the jurisdiction of the Seller is valid.

This shall not affect the foregoing differing national legislation at Your headquarters or residence, which mandatorily applies to consumers or consumers’ contracts.

16. Final Provisions

Should individual terms of the T&C not be legally valid in whole or in part, or at a later point lose their validity, or should gaps exist; this will not influence the validity of the remaining provisions of the T&C. In such a case, the invalid or missing provisions are to be replaced or amended by ones which come closest to the original commercial and legal purposes of the T&C.

Changes to these T&C are reserved at all times. The revised T&C will be published on the webshop site.

Version 1.0, valid from April 1st 2014