Terms of Service
of the Tourhafen company, as of November 13, 2019
1. Scope
1.1. These general terms and conditions (hereinafter "GTC") regulate the contractual relationship between Tourhafen, Mario Stramm, Mecklenburger Str.11. 23966 Wismar, E-Mail: info@tourhafen.de (hereinafter also "Tourhafen") and the customer.
1.2. All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
1.3. The version of the terms and conditions valid at the time the contract is concluded is decisive.
1.4. We do not accept deviating conditions of the customer. This also applies if we do not expressly contradict the inclusion.
2. Conclusion of contract
2.1. The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
2.2. Contracts in relation to items from the Tourhafen range can be concluded either in German or in English.
2.3. The customer can select products from the Tourhafen range (clothing and tickets) and collect them in a so-called shopping cart using the "Buy" button. He can change or complete the order using the "Checkout" button. Before submitting the order, the customer can change and view the data at any time. With the button "order with obligation to pay" he makes a binding contract offer to purchase the goods in the shopping cart. However, the offer can only be submitted and transmitted if the customer has accepted these terms of contract by clicking on the "Accept Terms and Conditions" button and has thereby included them in his offer.
2.4. By ordering goods, the customer makes a binding declaration that he wants to purchase the goods ordered and submits a binding contract offer. We will immediately confirm receipt of the order in accordance with Section 312i Paragraph 1 Sentence 1 No. 3 BGB to the customer in the form of an automatic confirmation of receipt by email, in which the contractual provisions (customer order and these GTC) are listed again and which the customer can print out using the "Print" function.
2.5. The confirmation of receipt does not yet constitute a binding acceptance of the order. The purchase contract for the ordered goods is only concluded with our separate written order confirmation (by email), but at the latest when the ordered goods are sent. The declaration of acceptance can, however, be combined with the confirmation of receipt.
2.6. If no copies of the product selected by the customer are available or temporarily unavailable at the time the customer orders, Tourhafen will inform the customer of this in the order confirmation. If the product is permanently unavailable, Tourhafen will refrain from a declaration of acceptance. A contract is not concluded in this case.
2.7. A sale with a so-called quota restriction (e.g. max. 8 tickets) should not be carried out more than once with the same buyer. Tourhafen is therefore entitled to withdraw from any further quota purchase contract as soon as it becomes apparent (e.g. because the owner of the account wants to collect the amount of the second, third, etc. quota purchase contract from the tour port or is transferred to the firstly, that the buyers of the respective contingent purchase contracts are identical.
3. Prices and terms of payment
3.1. The prices shown on our website at the time of ordering apply directly to the images or descriptions of the goods. The specified purchase prices are final prices and include the applicable statutory sales tax. In the case of mail order purchases, the purchase price is understood to include the delivery and shipping costs incurred in accordance with the payment conditions. The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer.
3.2. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order. In the case of deliveries outside of Germany, additional costs may arise when importing into a third country (customs duties, possible customs fees and import sales taxes), which add up to the price shown.
3.3. All fees are due immediately upon conclusion of the contract, but no later than upon receipt of the invoice. After this period the customer is in default of payment. During the delay, the consumer has to pay interest on the debt at a rate of 5 percentage points above the base rate. During the delay, the entrepreneur has to pay interest on the debt at a rate of 8 percentage points above the base rate. We reserve the right to prove and assert higher damage caused by default towards the entrepreneur.
3.4. The customer can make the payment via Sofortüberweisung or PayPal.
3.5. The customer is not entitled to offset against our claims unless his counterclaims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he can assert notices of defects or counterclaims from the same purchase contract.
4. Terms of delivery
4.1. We are entitled to make partial deliveries insofar as this is reasonable for the customer. If we fulfill the order through partial deliveries, the customer only incurs shipping costs for the first partial delivery. If the partial deliveries are made at the customer's request, we will charge shipping costs for each partial delivery.
4.2. The delivery time is approximately seven (7) working days, unless otherwise agreed. It begins - subject to the provision in section 3.4 sentence 2 - with the conclusion of the contract.
4.3. Post / parcel delivery is available as a delivery method.
4.4. As part of the ticket sale, Tourhafen is entitled to deposit the ticket for the buyer at the venue on the day of the event. In this case, Tourhafen will notify the buyer of the deposit by email and / or by phone three days before the event.
5. Right of withdrawal for consumers
5.1. If the customer is a consumer (i.e. a natural person who places the order for a purpose that can neither be attributed to his commercial or independent professional activity), he has a right of withdrawal in accordance with the statutory provisions.
5.2. If the customer, as a consumer, makes use of his right of withdrawal according to section 1, he has to bear the regular costs of the return.
5.3. In addition, the regulations that are detailed below apply to the right of withdrawal
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the goods or - in the case of a uniform order for several goods that are delivered separately - the last goods for which the right of cancellation is not excluded, has or has taken possession of.
To exercise your right of withdrawal, you must contact us, Tourhafen, Mario Stramm, Mecklenburger Str. 11. 23966 Wismar, E-Mail: info@tourhafen.de, by means of a clear declaration (e.g. a letter sent by post, telephone, fax or e-mail) of your decision to withdraw from the contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, with the exception of the delivery costs, to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You must return or hand over the goods to us,
Tourhafen
Neuhöfer Str. 23 Haus 9a
21107 Hamburg
Germany
immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
- End of revocation -
5.4. There is no right of withdrawal
5.4.1. in the case of the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g Paragraph 2 No. 1),
5.4.2. in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery (Section 312g (2) No. 6 BGB).
5.4.3. when buying concert tickets (Section 312g (2) No. 9 BGB).
6.1. If the buyer is a consumer, he first has the choice of whether the supplementary performance is to be carried out through repair or replacement. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
6.2. If the supplementary performance fails, the customer can in principle, at his option, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the case of only a minor lack of conformity, in particular only minor defects, the customer has no right of withdrawal.
6.3. Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular the defect itself, for the point in time at which the defect was discovered and for the timeliness of the notification of defects.
6.4. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods.
6.5. The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected.
7.1. We are liable to the customer in all cases of contractual and non-contractual liability in the event of willful intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
7.2. In other cases - unless otherwise regulated in Section 7.3 - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which you as a customer can regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Section 7.3.
7.3. Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
7.4. If an article on the website is not available at the time the customer places the order, the customer is not entitled to any compensation before an effective contract is concluded.
8.1. The law of the Federal Republic of Germany applies, the provisions of the UN sales law do not apply. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
8.2. If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is not known at the time the action is brought.
8.3. Complaints procedure via online dispute resolution for consumers (OS): ec.europa.eu
We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
8.4. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, or should the contract contain unforeseen loopholes, this shall not affect the validity of the remaining provisions.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
- End of revocation -
5.4. There is no right of withdrawal
5.4.1. in the case of the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g Paragraph 2 No. 1),
5.4.2. in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery (Section 312g (2) No. 6 BGB).
5.4.3. when buying concert tickets (Section 312g (2) No. 9 BGB).
6. Warranty
6.1. If the buyer is a consumer, he first has the choice of whether the supplementary performance is to be carried out through repair or replacement. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
6.2. If the supplementary performance fails, the customer can in principle, at his option, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the case of only a minor lack of conformity, in particular only minor defects, the customer has no right of withdrawal.
6.3. Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular the defect itself, for the point in time at which the defect was discovered and for the timeliness of the notification of defects.
6.4. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods.
6.5. The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected.
7. Liability
7.1. We are liable to the customer in all cases of contractual and non-contractual liability in the event of willful intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
7.2. In other cases - unless otherwise regulated in Section 7.3 - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which you as a customer can regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Section 7.3.
7.3. Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
7.4. If an article on the website is not available at the time the customer places the order, the customer is not entitled to any compensation before an effective contract is concluded.
8. Final provisions
8.1. The law of the Federal Republic of Germany applies, the provisions of the UN sales law do not apply. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
8.2. If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is not known at the time the action is brought.
8.3. Complaints procedure via online dispute resolution for consumers (OS): ec.europa.eu
We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
8.4. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, or should the contract contain unforeseen loopholes, this shall not affect the validity of the remaining provisions.