Terms of service

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General Terms and Conditions with Customer Information
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Table of contents
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  1. Scope of application

  2. Conclusion of the contract

  3. Right of withdrawal

  4. Prices and payment terms

  5. Delivery and shipping terms

  6. Duration and termination of subscription contracts for goods

  7. Retention of title

  8. Liability for defects (statutory warranty)

  9. Liability

  10. Applicable law

  11. Jurisdiction

  12. Alternative dispute resolution



  1. Scope of application
    1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of Uwe van Afferden GmbH (hereinafter the “Seller”) apply to all contracts for the supply of goods concluded by a consumer or a trader (hereinafter the “Customer”) with the Seller in relation to the goods displayed by the Seller in its online shop. The incorporation of the Customer’s own terms and conditions is hereby expressly excluded, unless otherwise agreed.
    1.2 These Terms and Conditions apply accordingly to contracts for the supply of tickets, unless expressly provided otherwise. In this respect, these Terms and Conditions govern only the sale of tickets for specific events described in more detail in the Seller’s product description, and not the staging of those events. The staging of the events is governed exclusively by the statutory provisions applicable to the relationship between the participant and the event organiser and, where applicable, any differing terms and conditions of the event organiser. Unless the Seller is also the event organiser, the Seller is not liable for the proper staging of the event, for which the respective event organiser alone is responsible.
    1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
    1.4 A trader within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in the exercise of their or its trade, business or profession.
    1.5 Depending on the Seller’s product description, the contract may concern either the supply of goods as a one-off delivery or the ongoing supply of goods (hereinafter a “Subscription Contract”). Under a Subscription Contract, the Seller undertakes to supply the Customer with the contractually agreed goods at the contractually agreed intervals for the duration of the agreed contract term.


  2. Conclusion of the contract
    2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve as an invitation to the Customer to submit a binding offer.
    2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that completes the ordering process. The Customer may also submit an offer to the Seller by email, post or 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 the Customer’s receipt of the order confirmation is decisive; or
    - by delivering the ordered goods to the Customer, in which case the Customer’s receipt of the goods is decisive; or
    - by requesting payment from the Customer after the Customer has placed the order.
    If more than one of the above alternatives occurs, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon 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 constitutes rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
    2.4 If a payment method offered by PayPal is selected, payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares its acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.
    2.5 When an order is placed using the Seller’s online order form, the Seller stores the contract text after the contract has been concluded and sends it to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller does not otherwise make the contract text available. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order details are archived on the Seller’s website and can be accessed by the Customer free of charge through their password-protected user account using the corresponding login details.
    2.6 Before submitting a binding order using the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser’s zoom function, which enlarges the information displayed on the screen, may provide an effective technical means of identifying input errors more easily. 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.
    2.7 Different languages are available for concluding the contract. The specific choice of languages is displayed in the online shop.
    2.8 Orders are generally processed automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address.


  3. Right of withdrawal
    3.1 Consumers generally have a right of withdrawal.
    3.2 Further information about the right of withdrawal is set out in the Seller’s instructions on withdrawal.
    3.3 Unless otherwise agreed, the right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract provides for a specific date or period of performance. Accordingly, the right of withdrawal is also excluded for contracts concerning the sale of tickets for leisure events scheduled for a specific date or period.


  4. Prices and payment terms
    4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices inclusive of statutory value added tax. Any additional delivery and shipping costs are stated separately in the relevant product description.
    4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs charged by financial institutions for transferring funds (e.g. transfer fees or currency conversion charges), or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise where delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
    4.3 The available payment method(s) are communicated to the Customer in the Seller’s online shop.
    4.4 If a payment method offered through the “PayPal” payment service is selected, payment is processed through PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods through PayPal under which the Seller supplies the goods before receiving payment from the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a creditworthiness check using the Customer data transmitted. The Seller reserves the right to refuse the Customer’s selected payment method if the result of the check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can discharge their payment obligation only by paying PayPal or the payment service provider commissioned by PayPal. However, even where the claim has been assigned, the Seller remains responsible for general customer enquiries, for example concerning the goods, delivery times, shipping, returns, complaints, statements of withdrawal and returns following withdrawal, or credit notes.
    4.5 If a payment method offered through the “Shopify Payments” payment service is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments; these may be subject to specific payment terms, of which the Customer will be informed separately where applicable. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.
    4.6 If a payment method offered through the “Apple Pay” payment service is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered through Apple Pay are communicated to the Customer in the Seller’s online shop. Apple may use additional payment services to process payments; these may be subject to specific payment terms, of which the Customer will be informed separately where applicable. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/.
    4.7 If a payment method offered through the “Google Pay” payment service is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered through Google Pay are communicated to the Customer in the Seller’s online shop. Google may use additional payment services to process payments; these may be subject to specific payment terms, of which the Customer will be informed separately where applicable. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.


  5. Delivery and shipping terms
    5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing procedure is decisive for processing the transaction.
    5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer must bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of outward delivery if the Customer validly exercises their right of withdrawal. Where the Customer validly exercises their right of withdrawal, the provisions on return costs set out in the Seller’s instructions on withdrawal apply.
    5.3 If the Customer acts as a trader, the risk of accidental loss of and accidental deterioration in the goods sold passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or organisation designated to carry out shipment. If the Customer acts as a consumer, the risk of accidental loss of and accidental deterioration in the goods sold generally passes to the Customer only when the goods are handed over to the Customer or a person authorised to receive them. By way of derogation from the above, even where the Customer is a consumer, the risk of accidental loss of and accidental deterioration in the goods sold passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or organisation designated to carry out shipment if the Customer has commissioned that person or organisation to carry out shipment and the Seller had not previously identified that person or organisation to the Customer.
    5.4 If the Customer acts as a consumer resident in Germany or as a trader, the Seller reserves the right to rescind the contract if its own supplier fails to supply it correctly or properly. This applies only if the failure to supply is not attributable to the Seller and the Seller, exercising due care, has entered into a specific procurement transaction with the supplier to fulfil the Customer’s order. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without undue delay and any corresponding payment will be refunded without undue delay.
    5.5 Collection by the Customer is not possible for logistical reasons.
    5.6 Tickets are made available to the Customer as follows:
    - by download


  6. Duration and termination of subscription contracts for goods
    6.1 Subscription Contracts are concluded for an indefinite period, but at least for the minimum term specified in the relevant product description in the Seller’s online shop. During the minimum term, the Subscription Contract may be terminated by giving one month’s notice to take effect at the end of the minimum term. After the minimum term has expired, it may be terminated at any time by giving one month’s notice.
    6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists where, taking into account all circumstances of the individual case and balancing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end date or until the expiry of a notice period.
    6.3 Notice of termination may be given in writing, in text form (e.g. by email) or electronically using the termination facility (termination button) provided by the Seller on its website.


  7. Retention of title
    If the Seller supplies the goods before receiving payment, it retains title to the goods delivered until the purchase price owed has been paid in full.


  8. Liability for defects (statutory warranty)
    Unless otherwise provided below, the statutory provisions governing liability for defects apply. By way of derogation from those provisions, the following applies to contracts for the supply of goods:
    8.1 If the Customer acts as a trader,
    - the Seller may choose the form of supplementary performance;
    - for new goods, the limitation period for rights in respect of defects is one year from delivery of the goods;
    - for used goods, rights in respect of defects are excluded;
    - the limitation period does not begin anew if replacement goods are supplied in fulfilment of the Seller’s liability for defects.
    8.2 The limitations of liability and reductions of limitation periods set out above do not apply
    - to the Customer’s claims for damages or reimbursement of expenses;
    - where the Seller has fraudulently concealed the defect;
    - to goods that have been used for a building in accordance with their customary use and have caused that building to be defective;
    - to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.
    8.3 In addition, where the Customer is a trader, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
    8.4 If the Customer acts as a merchant within the meaning of section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect the goods and give notice of defects pursuant to section 377 HGB. If the Customer fails to comply with the notification requirements set out therein, the goods are deemed to have been approved.
    8.5 If the Customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the delivery agent and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims in respect of defects.


  9. Liability
    The Seller’s liability to the Customer for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims, including claims in tort, is governed as follows:
    9.1 The Seller is liable without limitation, irrespective of the legal basis,
    - in cases of intent or gross negligence;
    - in cases of intentional or negligent injury to life, body or health;
    - under a guarantee, unless otherwise provided in relation to that guarantee;
    - in cases of mandatory liability, such as liability under the German Product Liability Act.
    9.2 If the Customer acts as a consumer resident in Germany or as a trader, the following limitations of liability apply:
    If the Seller negligently breaches an essential contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless the Seller is liable without limitation pursuant to the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the content of the contract in order to achieve its purpose, the fulfilment of which is necessary for the proper performance of the contract and on compliance with which the Customer may regularly rely. In all other respects, the Seller’s liability is excluded unless it is liable without limitation pursuant to the preceding clause.
    9.3 The above liability provisions also apply to the Seller’s liability for persons engaged by it to perform its obligations and for its legal representatives.


  10. Applicable law
    All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.


  11. Jurisdiction
    If the Customer is a merchant, a legal entity under public law or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the courts at the Seller’s place of business have exclusive jurisdiction over all disputes arising from this contract. If the Customer has its seat outside the territory of the Federal Republic of Germany, the courts at the Seller’s place of business have exclusive jurisdiction over all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activities. In the foregoing cases, however, the Seller is in any event also entitled to bring proceedings before the courts at the Customer’s seat.


  12. Alternative dispute resolution
    The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.