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General Terms and Conditions with Customer Information

 

Table of contents

  1. Scope
    2. Conclusion of the contract
    3. Right to cancel
    4. Prices and terms of payment
    5. Delivery and shipping terms
    6. Redemption of tickets
    7. Redemption of promotional vouchers
    8. Redemption of gift vouchers
    9. Liability for defects (warranty)
    10. Applicable law
    11. Alternative dispute resolution

 

  1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as the "GTCs") of the Stiftung Planetarium Berlin (hereinafter referred to as the "Seller") apply to all contracts for the delivery of tickets that a consumer or business (hereinafter referred to as the "Customer") concludes with the Seller regarding tickets presented by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby vetoed, unless otherwise agreed.

1.2 These GTCs also apply to contracts for the delivery of vouchers, unless otherwise expressly stipulated.

1.3 A consumer within the meaning of these GTCs is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity.

1.4 A consumer within the meaning of these GTCs is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity. A business within the meaning of these GTCs is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 These GTCs only regulate the sale of tickets for certain events specified in the Seller's item description and not the implementation of these events. The statutory provisions in the relationship between the Customer and the organiser as well as any deviating conditions of the organiser apply exclusively to the performance of the events. Unless the Seller is also the organiser, he is not liable for the proper performance of the event, for which the respective organiser is solely responsible.

 

  1. Conclusion of the contract

2.1 The item descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected tickets in the virtual shopping basket and having gone through the electronic ordering process, the Customer submits a legally binding contract offer regarding the tickets contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit an offer to the Seller by telephone.

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 email), in which case receipt of the order confirmation by the Customer is decisive, or
  • by delivering the tickets ordered to the Customer, whereby the receipt of the tickets by the Customer is decisive, or
  • by asking the Customer for payment after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period in which the offer must be accepted commences on the day after the Customer has sent the offer and ends on the fifth day after the Customer has sent 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. As such, the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) together with these GTCs after the Customer has submitted their order. In addition, the text of the contract on our website is archived and can be accessed free of charge by the Customer using their password-protected customer account, specifying their login information, provided that the Customer has created an account for the online shop before submitting their order.

2.5 Before a binding submission of 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 zoom function of the browser, with the help of which the display on the screen is enlarged. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 All contracts are exclusively concluded in German.

2.7 Order processing and contacting is usually done via email and automated order processing. The Customer must ensure that the email address they have specified for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

 

  1. Right to cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the Seller’s Instructions for Cancellations.

3.3 In accordance with Section 312g para. 2 No. 9 BGB (German Civil Code), there is no right of cancellation, 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. According to this, a right of cancellation is also excluded for contracts that cover the sale of tickets for scheduled leisure events.

 

  1. Prices and terms of payment

4.1 Unless otherwise stated in the item descriptions, prices indicated are complete prices that include statutory value-added tax.

4.2 For deliveries to countries outside the European Union, additional costs may incur in individual cases, for which the Seller is not responsible and are to be borne by the Customer. These include, for example, costs for the transfer of money by financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs can also be incurred in relation to the transfer of money 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 Payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 Payment using a payment method offered by PayPal is processed by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at  https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If a credit card is selected as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns their payment claim. Secupay AG collects the invoice amount from the Customer's specified credit card account. In the event of an assignment, only secupay AG can be provided with debt-discharging effect. The credit card will be debited immediately after the Customer order is sent via the online shop. The provider remains responsible for general customer inquiries, e.g., regarding goods, delivery time, dispatch, returns, complaints, cancellations or credit notes, even if the credit card payment option via secupay AG is selected.

 

  1. Delivery and shipping terms

5.1 Tickets are provided to the Customer as follows:

  • as a download
  • via email

5.2 Vouchers are provided to the Customer as follows:

  • as a download
  • via email

 

  1. Redemption of tickets

6.1 The ticket may only be redeemed once and only on the date indicated on the ticket at the venue indicated on the ticket.

6.2 The ticket is transferable. If the Seller is also the organiser at the same time, he can discharge the service to the respective owner who redeems the ticket at the event location. It is not applicable, when the Seller is aware of or has grossly negligent lack of knowledge of the non-entitlement, the legal incapacity, or the missing authority to represent of the respective owner.

 

  1. Redemption of promotional vouchers

7.1 Vouchers which are issued free of charge by the Seller as part of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

7.2 Individual items can be excluded from voucher campaigns if a corresponding restriction is shown on the promotional voucher.

7.3 Promotional vouchers can only be redeemed before completing an order. Vouchers cannot be applied retrospectively.

7.4 Several promotional vouchers can be redeemed when ordering.

7.5 The value of the goods must be the same or greater than the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

7.6 If the value of the promotional voucher is not sufficient to cover the order, one of the remaining methods of payment offered by the Seller can be chosen to settle the difference.

7.7 The balance of a promotional voucher will neither be paid out in cash nor attract interest.

7.8 The promotional voucher will not be refunded if, when exercising their right of cancellation, the Customer returns goods that have been fully or partially paid for with the promotional voucher.

7.9 The promotional voucher is transferable. The Seller can discharge their obligation to the respective owner, who redeems the promotional voucher at Seller's online shop. It is not applicable, when the Seller is aware of or has grossly negligent lack of knowledge of the non-entitlement, the legal incapacity, or the missing authority to represent of the respective owner.

 

  1. Redemption of gift vouchers

8.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

8.2 Gift vouchers and the remaining credit on gift vouchers can be redeemed up to the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the Customer up to the expiration date.

8.3 Gift vouchers can only be redeemed before completing an order. Vouchers cannot be applied retrospectively.

8.4 Several gift vouchers can be redeemed when ordering.

8.5 Gift vouchers can only be used for the purchase of tickets and not for the purchase of additional gift vouchers.

8.6 If the value of the gift voucher is not sufficient to cover the order, one of the remaining methods of payment offered by the Seller can be chosen to settle the difference.

8.7 The balance of a gift voucher will neither be paid out in cash nor attract interest.

8.8 The gift voucher is transferable. The Seller can discharge their obligation to the respective owner, who redeems the gift voucher at Seller's online shop. It is not applicable, when the Seller is aware of or has grossly negligent lack of knowledge of the non-entitlement, the legal incapacity, or the missing authority to represent of the respective owner.

 

  1. Liability for defects (warranty)

If merchandise is faulty, the provisions of the statutory warranty shall apply.

 

  1. Applicable law

The laws of the Federal Republic of Germany, excluding the laws on the international sale of goods, apply to all transactions between the parties. For Consumers, this choice of law shall apply only insofar as the protection provided is revoked by mandatory provisions of the law of the state in which the consumer has their usual place of residence.

 

  1. Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution via the following link: http://ec.europa.eu/consumers/odr

 This platform serves as a point of entry for out-of-court settlement of disputes arising from online purchases or service contracts in which a Consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure in front of a consumer arbitration board.