General terms and conditions with customer information
Table of contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. redemption of tickets
7. liability for defects (warranty)
8. applicable law
9. place of jurisdiction
10. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of INNOFAME UG (haftungsbeschränkt) (hereinafter referred to as the "Seller") shall apply to all contracts for the delivery of tickets that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with regard to the tickets presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.3 These GTC only regulate the sale of tickets for certain events described in more detail in the Seller's item description and not the implementation of these events. The performance of the events shall be governed exclusively by the statutory provisions in the relationship between the customer and the organiser and, if applicable, by any terms and conditions of the organiser that deviate from these. Insofar as the Seller is not also the organiser, it shall not be liable for the proper implementation of the event, for which the respective organiser shall be exclusively responsible.
2) Conclusion of contract
2.1 The item descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected tickets in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the tickets contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered tickets to the customer, in which case the receipt of the tickets by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
3.3 Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), a right of revocation does not exist, unless otherwise agreed, in the case of contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of the services. Accordingly, a right of withdrawal is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's item description, the prices quoted are total prices which include the statutory value added tax.
4.2 The customer will be informed of the payment option(s) in the Seller's online shop.
5) Delivery and shipping conditions
5.1 Tickets are delivered to the customer as follows:
- by download
- by e-mail
- by post
5.2 In the event of postal delivery, the following provisions shall apply:
5.2.1 Delivery shall be made by post to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction. Any additional delivery and shipping costs will be indicated separately in the respective item description.
5.2.2 If the transport company returns the shipped tickets to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
5.2.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the tickets sold shall pass to the customer as soon as the seller has delivered the tickets to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the tickets sold shall generally not pass to the customer until the tickets are handed over to the customer or a person authorised to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the tickets sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.2.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the tickets. In the event of non-availability or only partial availability of the tickets, the customer will be informed immediately and the consideration will be refunded without delay.
6) Ticket redemption
6.1 The Ticket may only be redeemed once and only on the date specified on the Ticket at the venue specified on the Ticket.
6.2 The Ticket is transferable. If the Seller is also the Organiser, he may make payment with discharging effect to the respective holder redeeming the Ticket at the Venue. This shall not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of representative authority of the respective holder.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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