General Terms and Conditions

§ 1 Scope of these terms and conditions

These terms and conditions apply to the purchase of tickets for events and the purchase of merchandise from the company cosmopop GmbH, Fabrikstationstraße 43a
68163 Mannheim, Germany (hereinafter referred to as: cosmopop GmbH).

 

§ 2 Conclusion of the contract

(1) All "offers" on the website and in the shop of cosmopop GmbH are non-binding and do not constitute a binding offer to conclude a purchase contract.

(2) By submitting the completed order form, the customer submits the offer for the conclusion of a contract.

(3) The customer is bound to his offer for two weeks, i.e. cosmopop GmbH has two weeks to accept the customer's offer.

(4) The contract is concluded when cosmopop GmbH expressly confirms the order and sends an invoice to the customer.

(5) A prerequisite for the conclusion of the contract is that the customer is of legal age. If the customer is not of legal age, he needs the consent of his legal guardian, which he must prove to cosmopop GmbH, or he effects the costs of the purchase with means which are available to him for this purpose or at the disposal of the representative or granted to a third party with his consent.

(6) If there is no such acceptance, the contract is not concluded.

(7) The special provisions for the purchase of tickets in Section 4 and the special provisions for the purchase of merchandise in Section 5 of these General Terms and Conditions are expressly pointed out.

 

§ 3 Prices and payment

(1) Unless expressly stated otherwise, all prices are gross prices including VAT. VAT is shown separately.

(2) The customer bears the shipping costs; they are specified in the shop. If further delivery is necessary because the customer has given incorrect information, has not accepted the delivery or has otherwise not made delivery possible, cosmopop GmbH can request reimbursement of shipping costs for the further delivery.

(3) Deliveries by cosmopop GmbH to the customer are only made against prepayment (bank transfer).

(4) If the customer makes no payment, cosmopop GmbH can withdraw from the contract.

 

§ 4 Special provisions for the purchase of event tickets

(1) If the buyer is not the only visitor himself (i.e. if he is not buying the ticket exclusively for himself), he guarantees that the visitor who receives the ticket from him is aware of these terms and conditions and accepts them.

(2) As the holder of the ticket, the visitor is entitled to one entry to the cosmopop GmbH event specified on the ticket. The ticket loses its validity after leaving the event.

(3) Cosmopop GmbH reserves the right to change parts of the event, the order of the artists, the program of the artists or the artists themselves. This applies above all if an artist does not attend, for example due to illness, or if the change is necessary for technical or personal reasons or for security reasons.

In these cases, the visitor or the customer, if he is not a visitor himself, is not entitled to a reduction or reimbursement of the ticket price if the programmatic or artistic change is not material and is reasonable according to the circumstances of the individual case.

(4) The purchase of tickets for the purpose of commercial resale and/or sale at prices which exceed the sales price by more than 20% is prohibited without the prior express and written consent of cosmopop GmbH.

(5) It is not possible to take back or exchange the tickets.

(6) Right of withdrawal for the purchase of tickets:

When purchasing the tickets, the purchaser has no right of withdrawal, even if he is a consumer (see § 312g Paragraph 2 Clause 1 No. 9 BGB: A contract for the purchase of the tickets involves the provision of further services in connection with leisure activities, because the contract provides a specific date for the delivery). The purchase of one or more tickets is therefore binding. It is not possible to take back or exchange the tickets.

 

§ 5 Special provisions for the purchase of merchandise items

(1) The quality of the goods results from the product descriptions in the cosmopop GmbH shop. A colour illustration may differ from the actual colour due to the technical representation on the screen. The quality of the goods is determined by the written description and not a photo.

(2) If the ordered goods are temporarily not available, cosmopop GmbH shall inform the customer of this. The customer has the right to withdraw from his offer in the event of a delay of more than 2 weeks (calculated from the latest time at which cosmopop GmbH could accept or has accepted the customer's offer).

If the customer has already made a payment, it must be refunded immediately. If there is a delay in delivery only after the conclusion of the purchase contract, cosmopop GmbH shall inform the customer immediately. The customer has the right to withdraw from the contract. If the customer has already made a payment, it must be refunded immediately.

(3) The goods ordered shall be delivered to the address stated by the customer unless otherwise contractually agreed.

(4) Procurement of property to the purchaser is subject to the proviso that the conditions specified in § 2 (5) of these terms and conditions for the conclusion of the contract are met.

(5) The withdrawal policy and information on the right of withdrawal can be found separately in the shop or shall be displayed separately.

 

§ 6 Miscellaneous

(1) The customer shall be entitled to offset such claims only if they are uncontested or have been declared res judicata.

(2) Choice of law:

a. If the customer is an entrepreneur (§ 14 BGB), the following applies: German law applies.

b. If the customer is a consumer (§ 13 BGB), the following applies: For these terms and conditions and the contractual relationship with the customer, the law of the Federal Republic of Germany applies, excluding material EU law. However, the statutory provisions on restricting the choice of law remain unaffected. In particular, based on Article 6 paragraph 2 of Regulation (EC) No. 593/2008, (so-called "Rome I Regulation") in its geographical scope: To the extent the law of the state in which the customer was habitually resident at the time the contract was concluded (hereinafter referred to as the "right of residence"), contains provisions for his protection from which it is not permitted to deviate by agreement under the right of residence, the (more favourable) provisions of its right of residence apply to him. The customer, if he is a consumer, therefore always enjoys the protection of the mandatory provisions of his right of residence despite the choice of law according to sentence 1.

(3) If the purchaser is a merchant within the meaning of the German Commercial Code or a legal entity under public law or a special fund under public law: The place of jurisdiction for all claims arising from the relationship with him is the registered office of cosmopop GmbH. cosmopop GmbH is then also entitled to choose the place of jurisdiction at the place of business of the customer.

(4) If individual provisions of these terms and conditions are or become invalid, the validity of the remaining provisions shall not be affected.

 

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