General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Redemption of Tickets
- Warranty (Defects Liability)
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “AGB”) of nextReality.Hamburg e.V. (hereinafter referred to as “Seller”) apply to all contracts for the delivery of tickets concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding tickets offered by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these AGB is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or independent professional activity. An entrepreneur within the meaning of these AGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade or independent professional activity.
1.3 These AGB only govern the sale of tickets for certain events, as specified in the item description of the Seller, and not the conduct of the events. The terms and conditions of the event organizer apply exclusively to the conduct of the event. If the Seller is not also the organizer, they are not liable for the proper execution of the event, which is the sole responsibility of the event organizer.
2) Conclusion of Contract
2.1 The item descriptions in the Seller’s online shop do not constitute binding offers from the Seller but serve as an invitation for the Customer to make a binding offer.
2.2 The Customer can submit an offer using the online order form integrated into the Seller’s online shop. After adding the selected tickets to the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the tickets in the shopping cart by clicking the button to complete the order process.
2.3 The Seller can 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), with the receipt of the order confirmation by the Customer being decisive, or
- by delivering the ordered tickets to the Customer, with the receipt of the tickets by the Customer being decisive, or
- by requesting payment from the Customer after the order has been placed.
The contract is concluded when one of these alternatives occurs first. The deadline for accepting the offer begins the day after the Customer submits the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within this period, it is considered a rejection, and the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment transaction is processed via the payment service provider PayPal (Europe) S.Ã r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the terms and conditions of PayPal, available at PayPal Terms https://www.paypal.com
2.5 Upon submitting an offer via the Seller’s online order form, the contract text is saved by the Seller and sent to the Customer in text form (e.g., by email, fax, or letter) after the Customer submits their order. The Seller does not provide further access to the contract text. If the Customer has set up a user account in the Seller’s online shop, the order data will be archived on the Seller’s website and can be retrieved by the Customer free of charge using their password-protected user account and login details.
2.6 Before submitting the order via the Seller’s online order form, the Customer can detect possible input errors by carefully reviewing the information displayed on the screen. A useful technical means for better detecting input errors is the browser zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button to complete the order process.
2.7 The contract is concluded in the German language.
2.8 Order processing and communication typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that the emails sent by the Seller can be received. Specifically, the Customer must ensure that all emails from the Seller or third parties involved in order processing are delivered, particularly when using SPAM filters.
3) Right of Withdrawal
3.1 Consumers have a general right of withdrawal.
3.2 Detailed information about the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 According to § 312g Abs. 2 Nr. 9 BGB, the right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract specifies a specific date or period for the provision of services. Thus, the right of withdrawal is also excluded for contracts concerning the sale of tickets for time-bound leisure events.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s item description, the prices listed are total prices, including statutory VAT.
4.2 The payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.3 When selecting the credit card payment option via Stripe, the invoice amount is immediately due upon contract conclusion. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Stripe reserves the right to conduct a credit check and reject this payment method if the check is negative.
5) Delivery and Shipping Conditions
Tickets are provided to the Customer as follows:
By email
6) Redemption of Tickets
6.1 The ticket can only be redeemed once and only on the specified date at the designated event location.
6.2 The ticket is intended for use by the person named on it. Transfer of the ticket to third parties is excluded. If the Seller is also the event organizer, they are entitled but not obligated to verify the material entitlement of the ticket holder.
7) Warranty (Defects Liability).
In case of defects, the statutory warranty provisions apply
8) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only to the extent that mandatory provisions of the law of the country in which the consumer has their habitual residence are not excluded.
9) Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with their registered office in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s business address. If the Customer’s registered office is outside Germany, the Seller’s business address is the exclusive jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activity of the Customer. However, the Seller is entitled to appeal to the court at the Customer’s registered office in these cases.
10) Alternative Dispute Resolution
10.1
10.1 The EU Commission provides a platform for online dispute resolution at the following link: EU ODR Platform.
https://ec.europa.eu
This platform serves as a point of contact for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The Seller is neither obligated nor willing to participate in a dispute resolution process before a consumer arbitration board.
