General Terms and Conditions with Customer Information
1. scope of application
2 Conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. duration and termination of subscription contracts
7. retention of title
8 Liability for defects
9. liability
10. redemption of gift vouchers
11. redemption of promotional vouchers
12 Applicable law
13 Jurisdiction
14. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Berliner Frühling - Agentur für Ausstellungen, Events und Catering GmbH" (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.
1.2 These GTC apply accordingly to the purchase of vouchers if and to the extent that nothing to the contrary is expressly regulated.
1.3 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.4 An entrepreneur 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.
1.5 The Seller's product description shall be authoritative for the subject matter of the contract.
The contract may have as its object the purchase of goods by way of a one-off delivery or by way of a permanent delivery ("subscription contract").
The subscription contract obliges the seller to deliver the goods at contractually agreed intervals until the end of the contract term.
2 Conclusion of contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all the necessary data for order processing are recorded.
A summary of the order and contract data appears at the end of the order process.
Only after confirmation of this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.
2.3 The Seller accepts the Customer's offer through the following possible alternatives:
- Sending of a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that has occurred is decisive for the time of acceptance.
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 constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method "Paypal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The Paypal user agreement applies here; this can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase, he submits his offer by clicking the button concluding the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking on this button, the seller declares acceptance of the customer's offer at the time of issuing the payment order, in deviation from the above regulations.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"). The Amazon Payments Europe user agreement applies here; this can be accessed at https://payments.amazon.de/help/201751590.
If the customer selects the payment method "Amazon Payments" for the payment of his purchase, he submits his offer by clicking the button concluding the order process. If the customer also issues the payment order to Amazon at the same time by clicking this button, the seller declares acceptance of the customer's offer at the time of issuing the payment order, in deviation from the above regulations.
2.6 The
text of the contract concluded between the seller and the customer shall be stored by the seller.
contract concluded between the Seller and the Customer shall be stored by the Seller. The General Terms and
Terms and Conditions can be viewed by the customer at any time on this page. The
the order data, the cancellation policy and the General Terms and Conditions will be
sent to the customer. After completion of the order, the text of the contract can no longer be viewed online by the customer.
2.7 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labelled accordingly.
2.8 The contractual language is German.
2.9 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
3. prices and terms of payment
3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 The customer can select the payment methods available in the online shop.
3.3 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.4 In the case of payment via "PayPal
Direct Debit", the collection of the debt shall be effected by PayPal after issuing a
SEPA direct debit mandate and after expiry of the period for prior information on behalf of the
on behalf of the seller from the customer's bank account. A prior notice is the
notice by the seller to the customer that his account will be debited by a
SEPA direct debit and can take the form of an invoice or a contract, for example.
or a contract.
If the direct debit cannot be
insufficient funds in the account or due to the provision of incorrect bank
bank account details or if the customer objects to the direct
debit without being entitled to do so, the customer shall be liable for the charges
the charges incurred by the respective bank as a result of the chargeback,
if he is responsible for this.
The remaining
contractual relationship as well as rights and obligations vis-à-vis the Seller and the
Seller shall remain unaffected by payment by direct debit.
3.5 In cooperation with Klarna Bank AB (publ)
https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, the Seller offers payment options via Klarna for Germany and Austria.
In the case of selection by the customer, payment is made to Klarna in each case:
- SOFORT bank transfer
- Debit note
- Klarna invoice: When buying on account with Klarna, the customer receives the goods first. The payment period is 14 days. The customer can find the terms and conditions for purchase on account for deliveries to Germany here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K887025/de_de/invoice?fee=0 and the complete GTC for purchase on account for deliveries to Austria can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K887025/de_at/invoice?fee=0.
- Klarna instalment purchase (only available in Germany in each case): the monthly instalments amount to at least 1/24 of the total amount of the purchase (but at least EUR 6.95). The conditions otherwise stated in the checkout apply. The customer can find further information on Klarna instalment purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K887025/de_de/part_payment.
- Credit card (Visa/ Mastercard/ AmericanExpress)
The payment options are offered within the framework of Klarna Checkout. The customer can find more information and the terms of use for Klarna Checkout here:
for Germany:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K887025/de_de/checkoutfor Austria:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K887025/de_at/checkout General information about Klarna:
https://www.klarna.com/de/.
The Customer's personal data will be processed by Klarna in accordance with the applicable data protection provisions and as specified in the Klarna Data Protection Policy for Germany.
http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria
http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy processed.
Note: Klarna is not responsible for fulfilling the legal information obligations of the seller towards the customer. In particular, Klarna does not send the customer any information on the right of withdrawal for the contract between the merchant and the customer and no order confirmation. The seller himself remains responsible for the fulfilment of the legal obligations concerning the contractual relationship between the seller and the customer.
3.6 If payment is made using a Klarna payment method (if offered)
(if offered, purchase on account, hire purchase, direct debit, credit card) the payment
Klarna BANK AB (publ) will process the payment.
(https://www.klarna.com/de,
Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
When paying by credit card, your credit card account will be
immediately after completion of the purchase process.
If you pay by direct debit, you grant Klarna a SEPA direct debit
a SEPA direct debit mandate when you place your order. Klarna will inform you about the date
Klarna will inform you about the date of the debit (so-called prenotification). With the submission of the
Klarna will request your bank to initiate the payment transaction.
to initiate the payment transaction. The payment transaction is carried out automatically
and your account will be debited. The account will be debited after the goods have been dispatched.
For
For payment processing via Klarna, the General Terms and Conditions and the
and the data protection declaration of Klarna.
More detailed information on the Klarna payment methods of the
as well as the terms and conditions of Klarna are available in the Seller's
payment information of the Seller.
When paying with "Sofortüberweisung" the payment is
the payment is processed via the payment service provider SOFORT GmbH,
Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to
payment method, you need an online banking account with a
online banking account with PIN/TAN procedure, with which you can
payment process and confirm the payment instruction to "SOFORT".
"SOFORT" during the payment process.
The payment will be made immediately after
completed by "SOFORT" and your bank account will be debited.
bank account will be debited. Further information on the "SOFORT" payment method
are available on the Internet at
https://www.klarna.com/sofort/
to find.
3.7 When paying via "PayPal instalment payment", the customer concludes an instalment payment contract with PayPal. If PayPal allows payment via "PayPal instalment payment", the customer shall pay the invoice amount to PayPal at the conditions specified by PayPal, which are communicated to the customer in the payment portal of PayPal.
The terms of use of Paypal apply, which you can find here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The remaining contractual relationship as well as rights and obligations vis-à-vis the Seller and the Seller shall remain unaffected by this method of payment.
3.8 In the case of payment on account via "PayPal Invoice", the payment will be
payment processing by PayPal.
The purchase price is due after delivery of the
delivery of the goods and is to be paid to PayPal within 30 days
of the invoice to PayPal, unless another payment term is specified.
The purchase on account requires a successful
credit check by PayPal.
If the customer is permitted to purchase on account after the
on account, the seller assigns his claim to PayPal,
therefore payment can only be made to PayPal with debt-discharging effect.
be made.
The remaining contractual relationship as well as rights and
and obligations vis-à-vis the Seller and the Seller shall remain unaffected by this
unaffected by this method of payment.
otherwise, the General Terms of Use for the use of PayPal's purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.9 In the case of payment by "SOFORT", the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, the customer requires an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", with which he can legitimise himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment will be carried out by "SOFORT" immediately after completion of the payment process and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
3.10. When subscription contracts are concluded, the purchase price for the goods to be delivered under the subscription is due for payment in advance for the respective agreed delivery interval.
The payment options available for this can be viewed in the seller's online shop.
If the SEPA direct debit payment method is selected and a corresponding SEPA direct debit mandate is issued, amounts due shall be debited from the customer's bank account at the beginning of each new delivery interval. If the direct debit cannot be honoured due to insufficient funds in the account or the provision of incorrect bank details, or if the customer objects to the direct debit without justification, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if the customer is responsible for this.
4. delivery and shipping conditions
4.1 The delivery of goods by mail order shall be made to the
the delivery address provided by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 In the case of subscription contracts, the customer must notify the seller immediately of any changes to the delivery address.
4.3 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.
4.4 The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk shall generally only take place when the goods are handed over to the customer or a person authorised to receive them.
Notwithstanding the foregoing, the risk shall pass, even 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 has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment itself and the Seller has not previously named this person or institution to the Customer.
4.5 The conclusion of the contract takes place under the
reservation that, in the event of improper, delayed or non-delivery by our
delivery to us, or only in part or at a correspondingly later date.
This shall only apply in the event that there is a congruent covering transaction between the seller and the supplier.
the seller and the supplier, the improper, delayed or non-delivery by the seller
delayed or non-delivery is not the responsibility of the seller and cannot be
cannot be remedied by reasonable efforts on his part. In the event of
case of non-availability or only partial availability of the goods, the customer will be
informed immediately. Any payment made will be refunded immediately.
refunded.
4.6 In the case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer may collect the goods at the seller's registered office or at an agreed location by arrangement with the seller. In this case, no shipping costs will be incurred.
4.7 Vouchers shall be provided to the Customer in the following form:
- by e-mail
- per download
- postal
5. right of withdrawal
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The Seller's cancellation policy shall apply to the right of cancellation.
5.3 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 do not have a right of withdrawal.
6. duration and termination of subscription contracts
6.1 Subscription contracts and term contracts are initially concluded for an indefinite period of time
The customer may terminate the contract at any time without notice.
6.2 The right to terminate for good cause remains unaffected.
6.3 Notices of termination shall be submitted to the in writing or in text form (e.g. by e-mail).
7. retention of title
7.1 In the case of contracts with consumers, the goods remain the property of the seller until payment has been made in full.
7.2 In the case of contracts with entrepreneurs, the goods shall remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.
7.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns to the seller in advance the claims against third parties arising from the resale in the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this shall not affect the right of the seller to collect the claims himself. However, the seller shall refrain from collecting the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed against the customer.
8 Liability for defects
With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- the rights and claims due to defects are generally excluded in the case of used goods;
- in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
- the limitation period shall also not recommence if a replacement delivery has been made within the scope of liability for defects.
8.2 If the customer is acting as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
8.3 The above-mentioned limitations of liability and shortening of the period of limitation
do not apply
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for damages culpably caused by the Seller resulting from injury to life, body or health and in the case of damages caused by gross negligence or wilful misconduct
- or in the event of fraudulent intent on the part of the seller as well as in the event of claims pursuant to §§ 478, 479 BGB.
8.4 The statutory limitation periods for a contractor's right of recourse § 478 BGB
remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duties of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB).
8.6 If the customer is acting as a consumer, he is requested to complain to the delivery agent about goods received with obvious transport damage and to inform the seller of this.
It is expressly clarified that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.
9. liability
The liability of the seller from all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses shall be determined as follows:
9.1 The Seller shall only be liable without limitation for damage that is attributable to intentional or grossly negligent conduct.
In the event of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence.
An essential contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on.
The seller is also liable as regulated above on the basis of a guarantee promise, unless otherwise regulated in this respect.
This also applies to indirect consequential damages such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.
9.2 Liability is - except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damage typically foreseeable at the time of the conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
9.3 Any further liability of the Seller is excluded.
9.4 The above liability provisions shall also apply mutatis mutandis to the benefit of the Seller's employees and vicarious agents.
10. redemption of gift vouchers
10.1 Vouchers that have been purchased via the Seller's online shop ("Gift Vouchers") can also only be redeemed in the Seller's online shop.
10.2 Gift Vouchers and remaining Gift Voucher balances may be redeemed until the end of the third year following the year of purchase of the Gift Voucher. Any remaining balances will be credited to the customer's Gift Voucher Account until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent redemption will not take place.
10.4 Only one gift voucher can be redeemed per order. It is not possible to redeem more than one gift voucher in one order.
10.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for by voucher.
10.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7 Credit balances on gift vouchers are not paid out and do not bear interest.
10.8 The Gift Voucher is personal and may only be redeemed by the person named on it. A transfer of the Gift Voucher to a third party is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
11. redemption of promotional vouchers
11.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
11.2 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotional voucher.
11.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting will not take place.
11.4 Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
11.5 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
11.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out nor does it earn interest.
11.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
11.9 The promotional gift voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
12 Applicable law
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
12.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
13 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 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 this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
14. information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the internet at the following link:
https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
