(The following terms and conditions also contain legal information on your rights under the regulations on contracts in distance selling and in electronic commerce as well as experience services mediated by service providers and contracts for rental goods that are concluded directly in our business premises. If there are any ambiguities regarding the translation of the General Terms and Conditions, reference is made to the German Version. The German version of the General Terms and Conditions has final legal force.)
- Scope
- Offers and service descriptions
- Ordering process and conclusion of contract
- Prices and shipping costs
- Delivery, Availability of Goods
- Payment Arrangements
- Retention of Title
- Warranty and Guarantee
- Liability
- Storage of the text of the contract
- Privacy
- Jurisdiction, Applicable Law, Contract Language
- Rental Term and Prices
- Rental Conditions
- Transportation
- Terms of Payment
- Right of Withdrawal
- Severability Clause
1. Scope
1.1. For the business relationship between Costume Rental Breuer Hohenzollernstr 22a 80801 Munich (hereinafter “seller/rental”) and the customer (hereinafter “customer”), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, claims and complaints on weekdays from 10:30 a.m. to 7:00 p.m. on the telephone number 089 338772 or by e-mail at info@kostuemverleih.com.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1. The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last” unless otherwise noted on the products. Apart from that, errors remain reserved.
2.3. We also offer adventure tickets for the use of adventure services. The implementation of the experiences is the sole responsibility of the experience partners d. H. the contract for the use of the relevant experience is directly between the participant in the experience and us; Costume Rental Breuer. The terms and conditions of the respective agent apply to ordering such a ticket in a web shop of a third party, here only an agent for the service. see order process and contract conclusion of the agent.
2.4. Tickets for experience services entitle the holder to take advantage of the experience under the applicable conditions (subject to physical fitness).
2.5. Unless expressly agreed otherwise, travel to Munich to our Hohenzollernstr. 22a and/or any accommodation services are not included. The costs for this are to be borne by the participants of the experience themselves.
2.6. Please note that the booking at certain times, especially on weekends (Saturdays) and holiday periods, requires a corresponding lead time. The binding booking of the experience takes place upon receipt of the booking confirmation. Please bring the booking confirmation with you to your experience.
2.7. Experience tickets can be redeemed within the statutory limitation period of three years. Experience tickets can only be redeemed if you present them in the original. Postponements or short-term cancellations are to be coordinated exclusively through us (Breuer Costume Rental). If you are unable to attend an appointment agreed with us and the rebooking is made in good time, i. H. no later than 14 calendar days before the agreed date, we reserve the right to charge a processing fee of €15.00. After the rebooking period has expired, a rebooking is unfortunately no longer possible. If you do not show up for a booked appointment and you have not rebooked it in good time in accordance with these conditions, the voucher used for the use of this experience and the resulting entitlement to benefits expire without replacement.
2.8. The transfer of our experience vouchers is free and can be redeemed by the respective holder, provided that they meet the requirements for claiming the experience. When transferring the experience voucher, you are obliged to refer to the provisions of our terms and conditions. You are also responsible for ensuring that the person using the experience meets the eligibility requirements.
2.9. In general, a refund of the purchase price is excluded in the event of a complete cancellation or if the minimum requirement is not met.
2.10. Due to maintenance or repair work, official inspections or cases of force majeure, individual experiences may be unavailable or only available to a limited extent for hours or days. In these cases, we reserve the right to provide an equivalent replacement if possible or – if this is not possible – to cancel or postpone a booked appointment at short notice. In this case, the experience voucher or the experience ticket remains valid. Further claims against Costume Rental Breuer, e.g. claims for damages (travel expenses, accommodation, etc.) are excluded in the event of an alternative date or the cancellation of the appointment by Breuer Costume Rental for reasons beyond their control. Until an appointment is booked with us, we are entitled to withdraw from the contract for good cause. An important reason is, in particular, if it is not economically or actually possible/reasonable for us to carry out the experience due to instructions from the Federal Republic of Germany and Bayer. Ministry of State (closure of the business premises due to pandemic regulations or a case of force majeure. If this is the case, you will be informed immediately. If we withdraw from the contract for an important reason, you have the right to arrange an alternative date without a rebooking fee. Further claims against us, in particular claims for damages (e.g. travel expenses, accommodation) are excluded.
2.11. Visitors who are drunk and/or under the influence of narcotics are not permitted to enter our premises.
2.12. There is a general ban on smoking within our premises. Smoking is only permitted in the inner courtyard.
2.13. For reasons of hygiene, pets are unfortunately not allowed at our premises.
2.14. Weapons and/or other dangerous objects (e.g. pepper spray, gas spray cans, fireworks or flammable liquids) are not permitted on our premises. The same applies to bringing glass bottles, bringing and/or consuming alcohol or drugs, consuming food and/or drinks brought to our premises and picnicking outside.
2.15. If visitors disturb or endanger other visitors, our employees and/or our facility through their behavior or if visitors endanger themselves through their behavior (e.g. culpable disregard of the instructions of the staff), these visitors can be expelled from our premises. Our employees are entitled and authorized to exercise the domiciliary rights and to issue warnings or evictions. The instructions of our employees must therefore always be followed.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the button. The customer can then use the “Continue to checkout” button in the shopping cart to complete the ordering process.
3.2. The customer submits a binding request to purchase/rent the goods in the shopping cart by clicking the “Buy” button. Before sending the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3. The seller/rental company then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller/rental company and does not constitute acceptance of the application. The purchase/rental contract is only concluded if the seller/rental company sends the ordered product to the customer within 2 days , handed over or confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
3.4. If the seller/rental company allows payment in advance, the contract is concluded with the provision of bank details and a request for payment. If the payment is not received by the seller/rental company within 10 calendar days after sending the order confirmation, despite the fact that it is due, even after a renewed request, the seller/rental company withdraws from the contract with the result that the order is no longer valid and the seller/rental company no obligation to deliver. The order is then completed for the buyer and seller/rental company without further consequences. A reservation of the item in the case of prepayment is therefore made for a maximum of 10 calendar days.
3.5. In the case of pre-orders and orders placed by telephone – the latter require confirmation by letter or e-mail – a binding order only comes about as soon as we have received a deposit of at least one third of the price. In the event of withdrawal from the rental contract or purchase, the payment made will not be refunded. Exchange or credit only. Wigs, beards, jewelry and make-up are non-returnable. We reserve the right, in the event of force majeure or in cases in which we are prevented from delivery without gross negligence, to deliver equivalent replacement goods to the lessee/buyer instead of the goods ordered. No claims can be asserted from such replacement deliveries.
With the order, the renter/buyer accepts the terms and conditions.
4. Prices and Shipping Costs
4.1. All prices stated on the seller’s/hire’s website are inclusive of the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller/rental company charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process.
4.3. Please note that for the shipping and packaging of experience tickets or vouchers, we or the agent for an experience will charge a flat-rate shipping fee. For special shipping methods, e.g. by express, there are additional costs – in addition to the flat shipping rate. You can find more information about the shipping costs on the respective website of the intermediary under “Shipping and Delivery”.
5. Delivery, Availability of Goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller/rental company can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
5.4. If the ordered product is not available because the seller/rental company is not supplied with this product by its supplier through no fault of its own, the seller/rental company can withdraw from the contract. In this case, the seller/rental company will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller/rental company will immediately reimburse the customer for any consideration already paid.
5.5. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned to process payments, e.g. PayPal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not exclude the assertion of further default damages by the seller.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title:
The delivered goods remain the property of the seller/rental company until full payment has been made.
8. Warranty and Guarantee
8.1. The warranty is determined by legal regulations.
8.2. There is only a guarantee for the goods delivered by the seller/rental company if this has been expressly given. Customers will be informed of the warranty conditions before initiating the ordering process.
9. Liability
9.1. The following exclusions and limitations of liability apply to the liability of the seller/rental company for damages, notwithstanding the other statutory requirements for entitlement.
9.2. The seller/rental company is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller/rental company is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the seller/rental company is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
9.6. When using experience tickets in our house, we are not liable for items such as mobile phones, notebooks, cameras, watches, jewelery that are damaged, destroyed or lost while using an experience here in our house.
10. Storage of the Text of the Contract
10.1. The customer can print out the text of the contract before submitting the order to the seller/hirer by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
11. Privacy
11.1. The seller/rental company processes the customer’s personal data for a specific purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller to fulfill and process the contract. This data is treated confidentially and not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right to request information free of charge about the personal data that the seller has stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided there is no legal obligation to retain it.
11.4. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
12. Jurisdiction, Applicable Law, Contract Language
12.1. The place of jurisdiction and performance is Munich if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. Contract language is German.
13. Rental Term and Prices
Rental prices are always valid for a period of three days or a weekend. The rental period begins on the day of collection and ends on the day of return. The extension or delay surcharge is 10 percent for one day, 20 percent for two days, 30 percent for one week, 50 percent for one month, 70 percent for two months, 100 percent for three months and 200 percent for six months.
14. Rental Conditions
The rental items may only be used in accordance with the contract. The lending to third parties and the modification of costumes are only permitted with written approval. The rental items are to be returned in perfect condition after use. They are deemed not to have been returned as long as the return has not been confirmed in writing by an employee of the costume rental company. The cleaning is included in the rental price and is done by us. For items of clothing that are borrowed without being tried on, we follow the measurements in our size chart. From the time of handover to the lessee, his representative or the transport person, the lessee is personally liable for the loss or defects of the loaned items. The liability ends with the return of the rented items to the Costume Rental Breuer Company. The lessee is liable for damage up to the cost of restoring the original condition, in the event of loss or destruction up to the amount of the replacement cost. The rented items are deemed to have been handed over to the renter free of defects if the renter does not indicate any defects immediately upon collection. In addition, the lessee bears the burden of proof that any damage found when the rental item was returned did not occur during the rental period.
15. Transportation
The rental and purchase prices apply from collection at our premises. The transport costs are at the expense of the customer. We ship via UPS, but we do not guarantee that the loaned items will arrive on time and undamaged.
16. Terms of Payment
Pre-ordered and reserved rental goods that are not accepted or collected must be fully invoiced to the customer. If another rental is still possible, the customer only bears the costs incurred as a result of his non-acceptance. From the due date of the invoice amounts, the borrower has to pay default interest of 5 percent above the respective discount rate of the Deutsche Bundesbank.
17. Right of Withdrawal
The cancellation period is 14 days. To exercise your right of withdrawal you must contact us
Breuer Kostümverleih (Costume Rental Breuer)
Hohenzollernstr.22a
80801 Munich
e-mail: info@kostuemverleih.com
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired. Payments made in the amount of 30% of the total rental price will not be refunded. Exchange or credit only. Please note that there is no right of cancellation for the purchase of adventure tickets or adventure vouchers (§312g Paragraph 2 No. 9 BGB). You cannot therefore revoke your declaration of intent to purchase an adventure ticket or voucher.
18. Severability Clause
Should a provision be or become wholly or partially invalid, this shall not affect the validity of the remaining content of the contract. Subsidiary agreements must be in written form.