General Terms and Conditions
§ 1 Scope, Definitions
(1) MEX Veranstaltungs-GmbH, Wikingerufer 9a, 10555 Berlin, Germany (hereinafter: “we” or “MEX-Berlin Ticketshop”) operates an online shop for goods on the website https://mex-berlin.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “You”) in the version valid at the time of the order, unless expressly agreed otherwise.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that has the capacity to acquire rights and enter into obligations.
§ 2 Conclusion of Contracts, Storage of the Contract Text
(1) The following provisions regarding the conclusion of contracts apply to orders placed via our online shop at https://mex-berlin.de.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following provisions apply: The Customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Accessing the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Order overview” or similar),
- Entering/checking the address and contact details, selecting the payment method, confirming the GTC and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Completion of the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us at the specified e-mail address within three working days.
(4) In the event of the conclusion of a contract, the contract is concluded with MEX Veranstaltungs-GmbH, Wikingerufer 9a, 10555 Berlin, Germany.
(5) Before placing the order, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, takes place by e-mail after you have placed the order, partly automatically. We do not store the contract text after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “Back” button). They can also be corrected by cancelling the ordering process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Subject Matter of the Contract and Essential Characteristics of the Products
(1) In our online shop, the subject matter of the contract is:
- The sale of goods. The specifically offered goods can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be explicitly pointed out in the item description (negative quality agreement). If the Customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is marked as free shipping. The shipping costs will be clearly communicated to you on the offers, if applicable in the shopping cart system and on the order overview.
(4) All offered products are, unless otherwise clearly stated in the product description, ready for immediate dispatch (delivery time: 3 weeks after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Germany, Finland, France, Ireland, Italy, Netherlands, Norway, Russia, Sweden, Switzerland, Spain, Austria.
(6) The resale of free tickets, press tickets, parking permits, exhibitor free tickets and exhibitor additional tickets is prohibited. If such an action is detected, identified tickets will be blocked without replacement.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
§ 6 Right of Withdrawal
According to § 312 g para. 2 no. 9 BGB you have no right of withdrawal.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as tort is limited to intent or gross negligence.
(2) We are fully liable in cases of slight negligence in the event of injury to life, body, health, or in the case of breach of an essential contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss is limited to the typical foreseeable damage for this type of contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes in particular our obligation to act and to provide the contractually owed service described in § 3.
§ 8 Contract Language
The contract language available is exclusively German.
§ 9 Warranty
(1) The warranty is governed by statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the provided service immediately upon contract fulfillment for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will of course have no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
(3) 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 is the provider’s registered office.
