General terms and conditions
These General Terms and Conditions apply for all contracts, which the foundation, Alexander Tutsek-Stiftung, concludes with consumers (hereinafter “customer”) via the online shop of the Alexander Tutsek-Stiftung. A consumer is any natural person who enters into a legal transaction for a purpose that is, for the most part, neither attributable to such person’s commercial nor self-employed occupational activity.
2. Contracting partner
The contracting partner of the customer is
Phone: +49 89 55 27 30 60
3. Conclusion of a contract
The display of the products in the online shop does not constitute a legally binding offer, but rather a non-committal invitation to place an order.
By clicking on the button “Buy now”, the customer submits a binding order for the goods and / or tickets listed in the shopping cart. The contract with the customer shall become effective when we accept the order of the customer by sending a confirmation e-mail after receiving the customer’s order. The purchased tickets shall be transmitted to the customer with the order confirmation or electronically by e-mail afterwards.
The regulations on the right of revocation and return in the case of distance selling contracts are not applicable to ticket purchases due to $ 312g para. 2 p. 1 no. 9 BGB. This means that a two-week right of revocation and return does not exist. Purchased tickets are generally not taken back. With regard to the purchase of vouchers and goods, there is a right of revocation and return in accordance with the statutory provisions if the customer is a consumer.
4. Right of cancellation
4.1 Cancellation policy
You shall be entitled to cancel this contract within fourteen days without giving reasons therefor. The cancellation period shall be fourteen days from the day on which you or a third party named by you, other than the carrier, have / has acquired material possession of the goods.
In order to exercise your right of cancellation, you have to inform us:
Phone: +49 89 55 27 30 60
by means of a clear explanation (e.g. a letter sent by post, telefax or e-mail) of your decision to cancel this contract. You may use the standard cancellation form under 4.3. This is not mandatory, however.
In order to comply with the cancellation deadline, it shall suffice to send us notification that you are exercising your right of cancellation before the deadline expires.
4.2 Consequences of the cancellation
If you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs which arise from another type of delivery you have selected other than the most reasonable standard delivery we offer). Repayment shall follow immediately and no later than within fourteen days from the day on which we received your cancellation notice of this contract. For this repayment, we shall use the same means of payment that you used for your original transaction unless another arrangement was expressly agreed with you; in no case shall we charge you fees due to this reimbursement. We may refuse reimbursement until we have received back the goods or until you have provided proof of having sent back the goods, whichever is the earliest.
In any case, you shall return the goods to us or pass them over without undue delay no later than within fourteen days from the day on which you notified us of the cancellation of this contract. The deadline shall be met, if you send the goods before expiry of the deadline of fourteen days.
You shall bear the direct costs of the return shipping of the goods.
You must only pay for any loss of value of the goods if this loss of value is attributable to the handling other than what is necessary to ascertain the quality, properties and functioning of the goods.
4.3 Standard cancellation form
If you wish to cancel this contract, you may fill out this form and send it back to us, however, the use of the form is not mandatory.
5. Cancellation and postponement of events
If events are cancelled or postponed, the customer shall receive a refund of the ticket purchase price. Any further claims for compensation of futile expenditures shall be excluded.
6. Prices and terms of payment, electronic invoice
The purchase price offered shall be binding. The statutory VAT is included in this price. This shall be separately shown, just like applicable shipping and other costs, if any.
The purchase price shall be payable without any deduction immediately following conclusion of the contract.
The customer may pay the purchase price by credit card or SEPA direct debit.
If choosing the mode of payment “credit card”, the time of payment corresponds to the time of the order. If choosing the mode of payment “SEPA direct debit”, the invoice amount shall be due and payable after issuing a SEPA direct debit mandate and after expiry of the period for prior information. Costs which arise from non-payment of direct debits or rejection of the credit card debit shall be borne by the customer, insofar as the customer is responsible therefor.
We shall be entitled to send an electronic invoice to the customer by e-mail (invoice, which is issued and received in electronic form, e.g. as a PDF document). In any case, we shall also be entitled to send the invoice on paper to our customer.
We use external service providers for invoicing the purchases made over the online shop: The collection of payments by credit card (Maestro, MasterCard, Visa) as well as by SEPA direct debit is carried out by Stripe, Inc, 354, Oyster Point Boulevard, South San Francisco, California, 94080, USA.
7. Retention of title
We shall retain title in the delivered goods until payment in full.
The processing of the order shall take place directly following receipt of the order. Ordered products shall be shipped as quickly as possible following receipt of the purchase price.
If we are unable to deliver the ordered goods through no fault of our own, we shall be entitled to withdraw from our obligation to the customer. In this case, we shall inform the customer immediately that the ordered product is not available. Any payments already rendered shall be refunded without undue delay. The statutory claims of the customer shall not be affected thereof.
9. Compensation, limitation of liability
We shall be liable for damage suffered by the customer due to intentional or grossly negligent conduct in accordance with the statutory provisions.
In other cases, we shall be liable – unless otherwise regulated in paragraph 3 – only for the breach of a contractual obligation whose fulfilment makes the due performance of the contract possible in the first place and on the fulfilment of which the customer can usually rely (referred to as a cardinal obligation), the compensation being limited to damage foreseeable and typical of the contract. In all other cases, our liability shall be excluded subject to the regulation in paragraph 3.
Our liability for damage arising from injury to life, body or health and pursuant to product liability law shall not be affected by the above limitations and exclusions of liability.
10. Storage of data, data protection
We collect and store the data necessary for the processing and handling of the customer’s order. When processing personal data of the customer, we shall observe the statutory provisions. Details are provided in our data privacy declaration for the online shop, which you can access at https://atstiftung.de/datenschutz/.
11. Applicable law, final provisions
The law of the Federal Republic of Germany shall apply for these General Terms and Conditions and all legal relationships under exclusion of the UN Convention on the International Sale of Goods.
The contract concluded between us and the customer contains all the agreements made between the parties with respect to the object of the contract. There are no oral supplementary agreements.
12. Information on the online settlement of disputes
The EU Commission has created an Internet platform for online settlement of disputes (referred to as “The European Online Dispute Resolution” (ODR)). The ODR platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. You will find further details at the link http://ec.europa.eu/consumers/odr/ .
We are neither prepared nor obligated to participate in dispute settlement proceedings.