Effective Date: March 2022
Liability Notice: This template has been created by a lawyer (https://drschwenke.de) according to the typical requirements of an online shop. However, you should only use this template after careful review and adaptation to your specific business model. The following template contains additional notes that you must review and, if necessary, adjust. Please remove the notes after editing. If in doubt, seek legal advice. You may use this template within the domain/website as long as your Marketpress license is valid for this site. Sharing with third parties, including customers (e.g., as a developer), is not allowed.
1.1. These General Terms and Conditions (GTC) apply to all business relationships between Ticket+ by YJAR GmbH (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) in the version valid at the time of the order.
1.2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2.1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. Product descriptions in catalogs and on the websites of the seller do not have the character of a guarantee or assurance.
2.2. All offers are valid “while stocks last” unless otherwise noted for the products. Errors excepted.
3.1. Customers can select products from the seller’s range without obligation and collect them in a shopping cart using the “Add to Cart” button. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, customers can proceed to checkout by clicking the “Checkout” button to complete the ordering process.
3.2. By clicking the “Order Now” or similar button, the customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time, as well as return to the shopping cart or cancel the ordering process altogether using the browser’s back function. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic acknowledgment of receipt via email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgment of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped the ordered product to the customer within two days, handed it over, or confirmed the shipment to the customer within two days with a second email, explicit order confirmation, or sending of the invoice. The acceptance may also be made by requesting payment from the customer or by completing the payment process. In the event of several acceptance actions, the earliest point in time is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound by their offer.
3.4. For customers who are entrepreneurs, the aforementioned period for shipping, handover, or order confirmation is extended to seven days.
3.5. If the seller enables payment in advance, the contract is concluded with the provision of the bank details and payment request. If the payment is not received within 10 calendar days after sending the order confirmation, the seller may withdraw from the contract, with the result that the order is void, and the seller is under no obligation to deliver. The order is then completed for the buyer and seller without further consequences. For prepayment orders, the item will be reserved for no longer than 10 calendar days.
4.1. All prices stated on the seller’s website include the applicable statutory VAT.
4.2. In addition to the stated prices, the seller charges shipping costs. Shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5.1. Delivery occurs after the invoice amount has been received, provided that prepayment is agreed upon.
5.2. If the delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller has not been supplied with this product by its supplier without its fault, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will refund any payments made without delay.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to specific countries) on a separate information page or within the respective product description.
5.5 For customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. Delivery dates and deadlines are non-binding unless expressly agreed otherwise.
6.1. Customers can choose from the available payment methods during the ordering process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, the payment must be made within 30 days of receiving the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are engaged with the payment processing, such as PayPal, their terms and conditions apply.
6.4. If the payment due date is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not preclude the seller from asserting further damages caused by delay.
6.6. The customer is only entitled to offset claims if their counterclaims are legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
Until full payment of all claims arising from the purchase contract has been received, the goods remain the property of the seller. For customers who are entrepreneurs, the following applies in addition: The seller retains ownership of the goods until full settlement of all claims arising from the ongoing business relationship. The buyer is obliged to handle the purchased goods with care as long as ownership has not been transferred to them.
8.1. The seller provides customers with a customer account where order information and customer data stored by the seller are made available. The information stored in the customer account is not public.
8.2. Customers may place an order as a guest without creating a customer account.
9.1. The warranty (liability for defects) is based on statutory provisions, subject to the following rules.
9.2. A guarantee exists for the goods delivered by the seller only if it has been expressly granted. Customers will be informed of the warranty conditions before the ordering process begins.
10.1. The seller is liable without limitation for damages caused by intentional or gross negligence.
10.2. The seller is also liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
10.3. The above liability limitations do not apply in the event of injury to life, body, and health, for a defect after the assumption of a guarantee for the quality of the product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.4. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
11.1. The customer can print the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order process.
11.2. The seller will also send the customer an order confirmation with all order data to the email address provided by them. Along with the order confirmation, but at the latest upon delivery of the goods, the customer will receive a copy of the GTC, including the right of withdrawal and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Additionally, we store the contract text but do not make it accessible on the internet.
12.1. If the buyer is an entrepreneur, the place of fulfillment and jurisdiction is the seller’s registered office. If the buyer is a consumer, this applies only if they do not have a general place of jurisdiction in Germany, move their place of residence abroad after concluding the contract, or their place of residence is unknown at the time of the action.
12.2. For entrepreneurs, the law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention unless mandatory statutory provisions oppose this.
12.3. The contract language is English.
12.4. The European Commission provides a platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
