General Terms and Conditions
Oberpfarr- und Domkirche zu Berlin
General
(1) All offers, purchase contracts, deliveries and services based on orders placed by our customers through our online shop www.berlinerdom.de, hereinafter referred to as the “Webshop”, are subject to these General Terms and Conditions.
(2) The product offer in our Webshop is directed equally at consumers and entrepreneurs, but only at end customers. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that cannot be attributed to his or her commercial or self-employed professional activity (§ 13 of the German Civil Code – BGB), and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or self-employed professional activity (§ 14 para. 1 BGB).
(3) The contracting parties for all orders within this online offer are you – hereinafter referred to as the customer – and the Oberpfarr- und Domkirche zu Berlin, represented by the chairman of the Cathedral Chapter, Mr. Lammert Wijma, Am Lustgarten, 10178 Berlin, Germany, hereinafter referred to as Oberpfarr- und Domkirche. All deliveries by the Oberpfarr- und Domkirche to the customer are based on the following General Terms and Conditions of Business and Delivery. These form the basis of all offers and agreements between the Oberpfarr- und Domkirche and the customer and are deemed to be accepted for the entire duration of the business relationship. Conflicting or deviating terms and conditions do not apply. The customer may view the GTC on the website www.berlinerdom.de under “AGB”.
Conclusion of Contract
The offers in the online ticket shop are non-binding and do not constitute a legally binding offer, but rather an invitation to place an order. By clicking on the "Send order" button in the final step of the order process, the customer declares a binding intention to purchase the contents of the shopping cart. Before submitting the order, the data can be viewed and changed at any time. However, the request can only be submitted and transmitted if the customer accepts these contractual terms by clicking on the "Accept GTC" button, thereby including them in his application. A distinction is made between “product orders” (souvenir items, books, etc.) and “ticket orders.” For product orders, the contract is concluded only when the order is accepted by an order confirmation sent by e-mail immediately after receipt of the order and the Oberpfarr- und Domkirche dispatches the ordered product to the customer.
Ticket Orders for the Oberpfarr- und Domkirche and Events
Tickets:
The fee-based areas of the Oberpfarr- und Domkirche zu Berlin or events may only be entered with a valid ticket.
Loss
In the event of the loss of a ticket, there is neither a claim to a replacement ticket nor to any other compensation.
Admission and Entry Rights
The ticket entitles the holder to access during opening hours (the current opening hours can be found at www.berlinerdom.de). It does not entitle the holder to attend fee-based and/or registration-required special events. The ticket entitles only to a one-time entry for the respective part of the Oberpfarr- und Domkirche / the respective event for which the ticket was purchased. It loses its validity upon entry or validation. Tickets that are forged or otherwise manipulated do not entitle the holder to entry and will be confiscated by the Oberpfarr- und Domkirche without replacement or compensation. The same applies in the case of misuse of tickets.
The Oberpfarr- und Domkirche is entitled to close areas in whole or in part or to restrict access to them. Such closures or restrictions do not give rise to any claims by the visitor.
Right of Withdrawal (§ 13 BGB)
When purchasing tickets, there is no distance-selling contract pursuant to § 312b BGB. Therefore, there is no entitlement to exchange or return purchased tickets.
Prices
All prices are final prices in euros, including the applicable VAT. The prices valid at the time of the order apply.
Payment
Payment is generally made by credit card or – if enabled – by GiroPay. Payment of the purchase price must be made no later than 14 days after the order date, after which the customer is in default. In the event of default, the Oberpfarr- und Domkirche may require the customer to pay default interest at a rate of 5% above the base interest rate. The customer’s obligation to pay default interest does not exclude the assertion of further damages due to default.
Delivery
Your order will be processed by us as quickly as possible after receipt. Delivery of tickets by e-mail may take up to 6 hours.
Product Orders
Delivery
(1) Delivery shall take place no later than within three weeks. As a rule, the goods will be dispatched within a few days. Delivery dates and deadlines are only binding if they have been expressly confirmed in writing by the Oberpfarr- und Domkirche.
(2) Delivery is made within Germany.
(3) Delivery is made by a shipping service provider chosen by the Oberpfarr- und Domkirche. The customer must bear a share of the shipping costs, which may depend on the order value and the place of delivery. Current shipping prices are displayed in the shopping cart at the time of ordering.
(4) Should delivery not be possible within the period of three weeks specified under (1) after conclusion of the contract in exceptional cases, the Oberpfarr- und Domkirche will inform the customer immediately in text form (§ 126b BGB) at the latest upon expiry of the deadline. The customer then has the right to withdraw, which he must exercise immediately in text form (§ 126b BGB).
Prices
(1) For customers from EU countries, the stated prices are final prices. They include the applicable statutory taxes, in particular VAT. Shipping costs are invoiced separately and shown separately.
(3) The customer must bear the shipping costs, which may depend on the order value and the place of delivery. Current shipping prices can be viewed at www.berlinerdom/shop.
(4) The purchase price and shipping costs are due immediately without deduction.
Payment
Payment of the purchase price must be made no later than 14 days after the order date, after which the customer is in default. In the event of default, the Oberpfarr- und Domkirche may require the customer to pay default interest at a rate of 5% above the base interest rate. The obligation of the customer to pay default interest does not exclude the assertion of further default damages.
(1) Payment is made by credit card or – if enabled – by GiroPay. The Oberpfarr- und Domkirche reserves the right to restrict the available payment methods between which a customer can choose, depending on the order value, shipping region or other factual criteria.
(2) Insofar as the payment method selected by the customer or granted by the Oberpfarr- und Domkirche is not feasible despite contractual performance by the Oberpfarr- und Domkirche, in particular because a debit from the customer’s account is not possible due to insufficient funds or incorrect data, the customer must reimburse the Oberpfarr- und Domkirche or the third party commissioned with processing for the additional costs incurred as a result.
(3) The Oberpfarr- und Domkirche is entitled to use the services of trustworthy third parties for payment processing:
- In the event of payment default by the customer, the Oberpfarr- und Domkirche may assign its claims to a debt collection agency and transfer the personal data required for payment processing to this third party.
- In the event that third parties are involved in payment processing, payment is deemed to have been made in relation to the Oberpfarr- und Domkirche only when the amount has been made available to the third party in accordance with the contract so that the third party can dispose of it without restriction.
Shipping, Insurance and Transfer of Risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate shipping method and the transport company at our reasonable discretion.
(2) We are only responsible for the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. Any delivery time stated in the Webshop is therefore non-binding.
(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental destruction of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
(4) We will insure the goods against the usual transport risks at our expense.
Retention of Title
(1) The goods remain the property of the Oberpfarr- und Domkirche until full payment of the outstanding claims has been made. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the Oberpfarr- und Domkirche retains ownership of all delivery items until receipt of all payments from the business relationship.
(2) The customer is obliged to handle the goods with care until ownership passes to him.
Warranty
(1) If the delivered goods are defective, the customer may initially demand rectification of the defect or delivery of defect-free goods from us; if the customer is an entrepreneur, we may choose between rectification of the defect or delivery of a defect-free item. The choice may only be made by notification in text form (including by fax or e-mail) to the customer within three working days after notification of the defect. We may refuse the type of subsequent performance chosen by the buyer if it is only possible at disproportionate cost.
(2) If the subsequent performance in accordance with para. (1) fails or is unreasonable for the customer or we refuse subsequent performance, the customer is entitled in each case, in accordance with applicable law, to withdraw from the purchase contract, reduce the purchase price or claim damages or reimbursement of his futile expenses. In addition, the special provisions of para. 5 of these General Terms and Conditions apply to the customer’s claims for damages.
(3) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery.
(4) Only for entrepreneurs the following applies: The customer must carefully inspect the goods immediately upon delivery. The delivered goods shall be deemed approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days of delivery or otherwise (ii) within five working days of discovery of the defect.
Liability
(1) Our liability for negligence (excluding gross negligence) in the event of delivery delay is limited to an amount of 10% of the respective purchase price (including VAT).
(2) We are not liable (regardless of the legal basis) for damages that are not typically expected according to the nature of the respective order and goods and during normal use of the goods. Our liability is also excluded for damages arising from data loss if the recovery is not possible or is made more difficult due to the absence or inadequacy of data backup. The above limitations of liability do not apply in cases of intent or gross negligence.
(3) The restrictions of this section do not apply to our liability for guaranteed characteristics within the meaning of § 444 BGB, for injury to life, body or health or under the Product Liability Act.
Right of Withdrawal
Cancellation Policy:
Return
If the customer is a consumer, he has the right to withdraw from the contract concluded with the Oberpfarr- und Domkirche within 14 days of receipt of the goods without giving any reason. The withdrawal may be declared in text form (e.g. by letter, fax or e-mail) or – if the goods are delivered to the customer before the expiry of the period – by returning the goods to the Oberpfarr- und Domkirche. The period begins at the earliest with receipt of the goods and this instruction in text form (e.g. by letter, fax or e-mail). Timely dispatch of the withdrawal or the goods is sufficient to meet the deadline.
The declaration of withdrawal or the return of the goods must be sent to:
Oberpfarr- und Domkirche zu Berlin
Domshop
Am Lustgarten
10178 Berlin
Please send goods to:
Oberpfarr- und Domkirche zu Berlin
Domshop
Am Lustgarten
10178 Berlin
Consequences of Withdrawal
In the event of a valid withdrawal, the services received by both parties must be returned and, if applicable, benefits derived (e.g. interest) must be surrendered. If you cannot return or surrender the received service or benefits (e.g. usage advantages) at all, in part, or only in a deteriorated condition, you must pay us compensation for the value. You are only required to pay compensation for deterioration of the goods and for benefits derived if the use or deterioration is due to handling the goods beyond testing the properties and functionality. "Testing of properties and functionality" means testing and trying out the respective goods as is possible and customary in a retail store. Goods that can be sent by parcel must be returned at our expense and risk. Goods that cannot be sent by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration or the goods, for us with their receipt.
Return Costs
With the valid exercise of withdrawal, the customer is obliged to return the goods if they can be sent by parcel. Goods that cannot be sent by parcel will be collected from the customer. The customer must bear the cost of returning the goods.
Withdrawal/Warranty
The right of withdrawal exists independently of the customer’s warranty claims if the goods are defective (see para. 4 f).
End of Withdrawal Instructions
Technical and Design Deviations
The Oberpfarr- und Domkirche expressly reserves the right to deviations in the performance of the contract compared to the descriptions and details in our brochures, catalogues and other written and electronic documents with regard to color, weight, dimensions, design or similar features, insofar as these are reasonable for the purchaser. Permissible reasons for changes may arise from customary fluctuations and technical production processes.
Data Protection
The Oberpfarr- und Domkirche processes the customer’s personal data for specific purposes and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by the Oberpfarr- und Domkirche to fulfil and process the contract. These data are treated confidentially by the Oberpfarr- und Domkirche and are not passed on to third parties who are not involved in the order, delivery and payment process. The customer has the right to request free information about the personal data stored by the Oberpfarr- und Domkirche about him. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain it.
Place of Jurisdiction – Place of Performance – Choice of Law
Place of Performance
Place of performance for all deliveries is Berlin, the registered office of the Oberpfarr- und Domkirche.
Jurisdiction
If the customer is a merchant within the meaning of the HGB, a legal entity under public law or a special fund under public law, Berlin shall be the place of jurisdiction. In this case, the Oberpfarr- und Domkirche is also entitled to sue the customer at his place of residence court at its discretion. The same applies if the customer does not have a general place of jurisdiction in Germany, relocates his residence or habitual place of abode abroad after conclusion of the contract or if his residence or habitual place of abode is unknown at the time the action is brought.
Choice of Law
The contract under these General Terms and Conditions is subject exclusively to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer within the meaning of § 13 BGB and has his habitual residence abroad, mandatory provisions of this state remain unaffected.
Final Provisions
Contracts between the provider and the customers are governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider. The contract remains binding in its remaining parts even if individual points are legally ineffective.
Severability Clause
Should individual provisions be invalid, the remaining provisions shall remain fully effective.
Amendment of the GTC
We are entitled to amend these GTC – insofar as they are incorporated into the contractual relationship – unilaterally to the extent necessary to eliminate subsequent equivalence disturbances or to adapt to changed legal or technical framework conditions. We will inform the customer of any adjustment by notifying the content of the amended regulations. The amendment becomes part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the amendment notification.
