General Terms and Conditions with Customer Information Contents
Conclusion of the contract
Prices and terms of payment
Shipping and delivery
Retention of title
Liability for defects (warranty)
Place of jurisditction
Alternative dispute resolution
1.1 These general terms and conditions apply to all contracts with Berlin Series Festival GmbH (hereinafter ‘seller’) for the delivery of goods that a consumer or business (hereinafter ‘customer’) with the seller with regard to the conclusion of goods displayed in the seller’s online shop
1.2 A consumer in the sense of these terms and conditions is any individual person who concludes a legal transaction for purposes that can neither be predominately attributed to their commercial or their independent professional activity. These terms and conditions refer to a business as any individual person or corporate entity who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2. Conclusion Of The Contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering 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), whereby the customer’s receipt of the order confirmation is decisive, or
delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 is considered a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 Before the 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 enlargement function of the browser, the help of which enables the representation on the screen to be enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the 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 with the order processing can be delivered.
3. Cancellation Right
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller’s cancellation policy.
4. Prices And Terms Of Payment
4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If the payment method SOFORT is selected, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter ‘SOFORT’). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in SOFORT, identify themselves accordingly during the payment process and confirm the payment instruction to SOFORT. The payment transaction is carried out immediately by SOFORT and the customer’s bank account is debited. The customer can find more information on the SOFORT payment method online at https://www.klarna.com/sofort/.
4.4 If you choose one of the payment methods offered by the “Shopify Payments” payment service, payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter ‘Stripe’). The individual payment methods offered by Shopify Payments are communicated to the customer in the seller’s online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, about which the customer may be informed separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.
5) Delivery And Shipping Conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified by the consumer when the order is placed is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of cancellation effectively, the provisions made in the seller’s cancellation policy apply.
5.3 Collection by the customer is not possible for logistical reasons.
6. Retention Of Title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability For Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory rights or contractual claims for defects.
8. Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
9. Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.
10. Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution under 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 in which a consumer is involved.
10.2 The seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration service.