General Terms and Conditions (GTC) of Filmevent.com GmbH for "Road to Hollywood"

1. Scope

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed through our online shop and to the use of the "Road to Hollywood" app and the associated game. The offer is directed at consumers (hereinafter referred to as "Customer" or "User") worldwide. A consumer is defined as a natural person who maintains business relationships with Filmevent.com GmbH (hereinafter "Operator") that cannot be attributed to their commercial or independent professional activities.

The Operator reserves the right to change these GTC at any time. The applicable version of these GTC is the one in effect at the time of the order or app activation, and cannot be unilaterally changed for that particular order or use. The operator of this website and provider of the "Road to Hollywood" brand is Filmevent.com GmbH, Kembswerweg 07, 4055 Basel, Switzerland. By purchasing our product, the Customer confirms that they have read, understood, and accepted these GTC. Divergent or supplementary terms and conditions of the Customer will only apply if expressly accepted in writing by the Operator.

2. Conclusion of Contract

The products and prices listed in our online shop are non-binding offers. By placing an order on this website and agreeing to these GTC, the Customer submits a legally binding offer to conclude a purchase contract. Orders placed are binding for the Customer. Unless otherwise stated, there is no right of return or cancellation. The contract is concluded as soon as the Operator sends the Customer an order confirmation by email. Orders are only delivered after full payment has been received and if the goods are available. If it turns out that the ordered goods are not available or cannot be fully delivered, the Operator is entitled to refuse or partially fulfill the order. In such cases, the Operator will inform the Customer by email. If the Customer has already made a payment, the amount will be refunded. If no payment has been made, the Customer will be released from the payment obligation.

3. Prices and Payment Conditions

All offers on this website are subject to change and are not binding. The sales prices listed on www.roadtohollywood.com are final prices and include the statutory value-added tax and other applicable taxes, unless otherwise indicated. Shipping costs are charged additionally, unless otherwise provided, and must be borne by the Customer. Shipping costs are shown separately in the order process. Technical changes, errors, and misprints are reserved, and the Operator may change prices at any time and without prior notice. Consulting and support services are not included in the sales prices.

The Operator does not guarantee that the listed products are available at the time of order. Therefore, all information on availability and delivery times is without guarantee and may change at any time without notice. The Customer may use the payment options specified in the ordering process. The Operator reserves the right to exclude Customers from individual payment options without giving reasons or to require advance payment.

The Operator may charge default interest of 5% per year and a reminder fee of up to CHF 20 per reminder in the event of late payment. The delivered products remain the property of the Operator until full payment is received. Price and assortment changes, as well as technical modifications, are reserved. All information on www.roadtohollywood.com (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships, and other information) is for illustrative purposes and is approximate and non-binding, unless explicitly stated otherwise. They do not constitute guarantees of properties or warranties unless expressly indicated. The Operator strives to provide accurate, complete, current, and clear information on this website, but cannot guarantee it either explicitly or implicitly.

4. Delivery, Inspection Obligation, Notification of Defects, and Returns

Deliveries are sent by post or courier service to the address specified by the Customer in the order. The Operator strives to meet the shortest possible delivery times. Any delivery dates stated in the order confirmation are non-binding. The Operator is entitled to make partial deliveries. In such cases, the shipping costs will only be charged to the Customer once. The invoice, if delivery is offered on account, will be sent at the discretion of the Operator by email or post. If delivery is undeliverable or if the Customer refuses to accept the delivery, the Operator may cancel the contract after notifying the Customer by email and setting an appropriate grace period, and may charge the costs incurred.

The Customer is obliged to inspect the delivered goods immediately upon receipt and to report any defects for which the Operator is responsible in writing by letter or email to the address specified in the legal notice. Returns to the Operator are at the Customer's expense and risk. The goods must be returned in their original packaging, complete with all accessories, together with the delivery note and a detailed description of the defects to the return address specified in the legal notice. If the Operator's inspection reveals that the goods are free of defects or that they are not covered by the manufacturer's warranty, the Operator may charge the Customer for the expenses, return shipment, or possible disposal.

5. Right of Withdrawal and Return

The Customer is granted a right of withdrawal within 10 calendar days of receiving the goods. The withdrawal period is deemed to be met if the Customer sends the written withdrawal by email or letter to the Operator within the period. The withdrawal does not require any justification. Exercising the right of withdrawal results in a reversal of the contract. The Customer must return the goods within 10 calendar days, in their original packaging, complete with all accessories, and together with the delivery note to the return address specified in the legal notice. Returns to the Operator are at the Customer's expense and risk. Any payment already made will be refunded to the Customer within 20 calendar days, provided that the Operator has already received the goods back or the Customer can provide proof of shipment.

The Operator reserves the right to claim reasonable compensation for damages, excessive wear, or loss of value due to improper handling and to deduct the depreciation from the already paid purchase price or charge the Customer.

6. Warranty and Liability

The Operator strives to deliver the products in perfect quality and completeness. For timely reported defects, the Operator provides a warranty within the statutory warranty period of usually two years from the delivery date for the defect-free condition of the purchased item. It is at the Operator's discretion to provide the warranty through equivalent replacement or a refund of the purchase price. Further warranty rights are excluded. Normal wear and tear, as well as damage resulting from improper handling or external influences, are not covered by the warranty.

7. Use of "Road to Hollywood" (Usage Rights)

7.1 Age of Majority and Capacity to Act
By agreeing to these GTC, the User confirms that they are of legal age and have the capacity to act. For minor Users, the express consent of the legal guardian is required.

7.2 App and Game "Road to Hollywood"
The use of the "Road to Hollywood" app and the associated game requires the express acceptance of these GTC. By registering in the app or activating a user account, the User confirms that they have read and accepted the GTC.

7.3 App Availability and Technical Issues
The Operator strives to ensure the continuous availability of the "Road to Hollywood" app but does not guarantee uninterrupted usability, error-free operation, or compatibility with all devices. The Operator is not liable for damages caused by technical issues or the use of digital content, including data loss or malfunctions.

8. Rights of Filmevent.com GmbH (Copyrights)

8.1 License for Created Content
By using the "Road to Hollywood" app, Users grant the Operator a simple, unlimited, and worldwide right to use the content created within the scope of the game. This right includes reproduction, distribution, editing, and public display of the content by the Operator for its own purposes. Commercial use of the content without the User's consent is excluded.

8.2 Copyright
The Operator retains the copyright to all elements contributed by it in the film production (e.g., music) and to all illustrations, designs, and graphic representations that are part of the game. Users are granted the right to use the resulting film for non-commercial purposes. Commercial use is only permitted with the express written consent of the Operator.

9. Rights and Obligations of the Users

9.1 Age of Majority and Capacity to Act
By agreeing to these GTC, the User confirms that they are of legal age and have the capacity to act. For minor Users, the express consent of the legal guardian is required.

9.2 Personality Rights and Consent
The responsible person must ensure that the personality rights of all parties involved are respected. Before creating video recordings, the express written or electronic consent of all filmed persons must be obtained. The responsibility for obtaining these consents lies with the User who accepts these GTC.

9.3 Use of Third-Party Material
Users are responsible for obtaining the necessary usage rights for music, sounds, photos, or existing third-party video material before publishing films created with the game.

9.4 User-Generated Content
The Operator explicitly distances itself from any racist, sexist, xenophobic, defamatory, religious, or inhumane content. The Operator reserves the right to review, archive, or delete user-generated content without prior notice and without giving reasons, as well as to take legal action against end-users in the event of violations of legal regulations or these GTC. The Operator is not, however, obliged to monitor such violations.

10. Data Protection

The Operator collects, processes, and uses the personal data of Users in compliance with applicable data protection laws. Detailed information on data protection can be found in our separate privacy policy. Users have the right to access, correct, delete, or block their data.

11. Final Provisions

11.1 Severability Clause
Should any provision of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

11.2 Applicable Law and Jurisdiction
Swiss law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising in connection with these GTC is Basel-Stadt, Switzerland.

11.3 Dispute Resolution
Before initiating legal proceedings, the parties agree to conduct a mediation procedure. If no agreement is reached through mediation, the ordinary legal process remains available.

11.4 Amendments to the GTC
The Operator reserves the right to amend these GTC at any time. The amended GTC are deemed accepted if the User does not object within 14 days after notification.

12. Contact Information

For questions regarding these GTC, please contact:

Filmevent.com GmbH
Kembswerweg 7
4055 Basel
Switzerland

Email: support@roadtohollywood.com

Version: 03.10.2024