General Terms and Conditions

§ 1 Scope

1. These General Terms and Conditions (GTC) apply to the offering of products and services (hereinafter also collectively referred to as „Products") by Spreespeicher Event GmbH (hereinafter „Spreespeicher") that can be ordered through the relevant Spreespeicher online shop, as well as to the related legal relationships between customers or persons interested in the respective offering (hereinafter collectively referred to as „Customers") and Spreespeicher.
2. Spreespeicher provides its services in connection with the above offering exclusively on the basis of these GTC. Agreements intended to deviate from the provisions of these GTC must be recorded in writing.
3. For third-party events for which Spreespeicher offers tickets for purchase, the respective organiser’s own terms and conditions may apply. To the extent that an organiser’s terms and conditions conflict with provisions of these GTC, the provisions of these GTC shall prevail.

§ 2 Conclusion of contract, contracting parties, contract language

1. The product offers are non-binding insofar as they merely constitute an invitation to the customer to submit an offer to Spreespeicher, by placing an order, to enter into a contract for the purchase of the ordered product. The customer places a binding order by clicking the “Buy button” at the end of the ordering process. Upon receipt of the order, the customer receives an automatically generated acknowledgement of receipt, which does not yet constitute acceptance of the offer. Acceptance occurs either by an express declaration or when delivery of the product begins. For tickets, transmission of the transaction or order number is deemed to constitute delivery.
2. Unless otherwise stated, Spreespeicher is not the organiser of the events for which tickets are offered. Spreespeicher sells tickets as an intermediary or commission agent on behalf of the respective organiser. The purchase of a ticket establishes a contractual relationship exclusively between the ticket holder and the organiser.
3. The contract language is exclusively German.

§ 3 Prices, payment

1. The stated prices include statutory VAT. Any shipping costs and additional fees are shown separately in the shopping cart and in the order summary.
2. The customer is informed of the payment options in the product offer and during the ordering process. For payments by credit card, giropay, Sofortüberweisung, paydirekt and SEPA direct debit, the total price is due immediately upon conclusion of the contract. For payment in advance, the total price must be transferred to the specified account within ten (10) days.

§ 4 Right of withdrawal and model withdrawal form

If the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), they have a right of withdrawal in accordance with the following provisions.

§ 5 Retention of title/reservation of rights, set-off

1. If the customer is a consumer within the meaning of § 13 BGB, Spreespeicher retains title to the purchased item until the total price owed has been paid in full.
2. If the customer is a business within the meaning of § 14 BGB, Spreespeicher retains title until all outstanding claims have been settled.
3. The security rights held by Spreespeicher may be transferred to third parties.
4. The customer may only set off claims against claims of Spreespeicher if the customer's claims are undisputed or have been established by a final and binding court decision.

§ 6 Special conditions for tickets

1. The use of tickets for advertising or marketing purposes and their resale in areas subject to the organiser's right to control access to the premises are permitted only with the organiser's prior consent.
2. If the customer breaches any special conditions governing the purchase or use of a ticket, Spreespeicher is entitled to cancel the affected order unilaterally.

§ 7 Damage in transit

1. If goods are delivered with obvious damage sustained in transit, the customer is requested to report such defects to the carrier immediately and to contact Spreespeicher as soon as possible.

§ 8 Warranty

1. The limitation period for warranty claims is one year. This does not apply to claims arising from loss of life, bodily injury or damage to health, or from a breach of essential contractual obligations.
2. If the customer is a business, the duties of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB) apply.

§ 9 Liability

1. Spreespeicher has unlimited liability under the German Product Liability Act, for damage caused intentionally or through gross negligence, for fraudulently concealed defects and for loss of life, bodily injury or damage to health.
2. In cases of ordinary negligence, Spreespeicher is liable only for breaches of essential contractual obligations, limited to foreseeable damage typical of the contract.
3. Spreespeicher is not responsible for the accuracy of information provided by third parties unless Spreespeicher was aware that it was inaccurate.
4. The above liability provisions apply equally for the benefit of Spreespeicher’s employees, governing bodies and agents engaged in the performance of contractual obligations or other tasks.

§ 10 Applicable Law, Place of Performance, Jurisdiction

1. The entire legal relationship between Spreespeicher and the customer is governed exclusively by the laws of the Federal Republic of Germany.
2. If the customer is a business within the meaning of § 14 of the German Civil Code (BGB), the sole place of performance is the registered office of Spreespeicher.
3. Spreespeicher is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.