General Terms and Conditions
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Ticket redemption
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of convey Information Systems GmbH (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of tickets concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the tickets presented by the Seller in its online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer 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 independent 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 performance of these events. The legal provisions in the relationship between the customer and the organizer as well as any terms and conditions of the organizer deviating from these shall apply exclusively to the implementation of the events. Unless the seller is also the organizer, he is not liable for the proper conduct of the event, for which the respective organizer is solely responsible.
2) Conclusion of contract
2.1 The item descriptions contained in the Seller’s online store 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 may submit the Offer via the online order form integrated into the Seller’s online store. After placing the selected tickets in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding offer to enter into a contract for 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 shall be 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’s order has been placed.
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 at the end 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 a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 When submitting an offer 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’s order has been sent. 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 store 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 corresponding 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 magnification 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 that concludes 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 accurate 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 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
3.4 Pursuant to § 312g para. 2 No. 9 BGB, a right of withdrawal does not exist, unless otherwise agreed, for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision. Accordingly, a right of revocation 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 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online store.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer about a corresponding payment restriction in his payment information in the online store. In the event of non-payment, the data may be passed on to a collection service provider.
4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz(www.secupay.ag) to which the Provider assigns its claim for payment. secupay AG collects the invoice amount from the customer’s specified credit card account. In the event of assignment, payment may only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after sending the customer’s order in the online store. Even if the payment method credit card payment via secupay AG is selected, the Provider shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
5) Delivery and shipping conditions
Tickets are given to the customer as follows:
6) Ticket redemption
6.1 The ticket can 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 intended only for use by the person named on it. Transfer of the ticket to a third party is excluded. If the seller is also the organizer, he is entitled, but not obliged, to check the material eligibility of the respective ticket 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
8.1 All legal relationships 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
If the customer acts as 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 registered office of the seller. 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 the matter 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 dispute resolution proceedings before a consumer arbitration board.
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