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360 Degrees: Salle Modulable
Pierre Boulez
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Terms & Customer Information
GENERAL TERMS AND CONDITIONS OF PIERRE BOULEZ SAAL
1. SCOPE OF APPLICATION
These General Terms and Conditions (GTC) govern the legal relationship between the concert visitors of Pierre Boulez Saal and/or the members of the Online-Portal “Music for the Thinking Ear” (hereinafter referred to as “Portal”) and its operator, Barenboim-Said Akademie gGmbH (hereinafter referred to as "we" or "PBS"). They are part of the contract for the purchase of tickets, vouchers or access rights to the Portal. They also apply to subscribers as well as visitor organisations and their members and all other contractual partners, unless otherwise agreed in individual cases.
The currently valid version of our GTC is to be found under boulezsaal.de/de/institution/agb and can be saved or printed out. We do not recognise any conditions of the buyer/visitor that deviate from these, unless we have expressly agreed to them in writing.
The buyer ("you") shall ensure that the regulations on access, conduct on the premises of PBS as well as on image and sound recordings are made known to all those to whom he passes on any tickets. He shall further ensure that his access data to the Portal will not be given to third parties.
2. CONCERT CALENDAR – SEASON PREVIEW
The valid concert calendar with starting times and program information can be found in our publications, especially on our website and in the season preview. We must reserve the right to make changes to the programme and cast in individual cases. They are always published on our website.
We assume no liability for information in publications of third parties (e.g. ticketing agencies like CTS EVENTIM AG & Co. KGaA or Classictic GmbH; or on websites like www.berlin-buehnen.de).
3. TICKET PRICES, REDUCTIONS, SPECIAL CONDITIONS, PORTAL MEMBERSHIP
3.1 Information on ticket prices for our concerts and events as well as for the use of the Portal can be found on our website and at the box office. We cooperate with ticketing partners and visitor organisations. This may result in different ticket prices.
3.2 Reductions for our concerts and events at the Pierre Boulez Saal are available for young guests under 35, families, severely disabled persons and Berlin Pass holders or for bundled concert offers (packages). Please refer to our website or ask at the box office for details of the conditions for reductions.
Reductions will be granted to entitled groups of people on request and on presentation of appropriate proof, in some cases exclusively at the concert box office, and is always subject to the availability of tickets.
Reduced tickets are only valid in conjunction with the corresponding proof. Such proof of elegibility of reduced tickets must be presented by way of an ID document during admission. If proof cannot be presented at the entrance, the difference to the full admission price must be paid.
3.3 Special conditions are available for groups, subject to a corresponding offer and individual agreements, as well as for regular guests.
Regular guests are buyers who buy tickets for three or more concerts (PBS's own events - no guest performances) per season and register with us. They can return or exchange tickets up to 72 hours before the start of the concert and receive a free evening program upon request at the box office or through the distribution channels mentioned in section 4. The regular guest status expires automatically and with immediate effect as soon as ticket returns mean that less than three concert visits remain in the season.
3.4 Membership for the use of the Portal is acquired for a period of twelve months. It entitles the holder to use the entire offer provided on the Portal (e.g. concert recordings, podcasts or e-learning courses) under the conditions stated in each case or for the duration provided in each case. The offer changes regularly. In particular, concert recordings are usually only available for a limited period.
Reduced conditions for membership are available for young people under 35 years of age. The age must be proven by means of a suitable identity document when concluding the contract.
- For further conditions with regard to the Portal membership please see section 15. below -
4. PURCHASE OF TICKETS AND VOUCHERS, Purchase of Portal Membership – PAYMENT METHODS
4.1 Purchase
Tickets can be purchased from the start of advance sales in the ways described below, depending on available or published ticket contingents. As a matter of principle, we do not charge booking or processing fees, except for postal delivery. A purchase of a Portal Membership may be made anytime.
For the payment of tickets or the purchase of a Portal Membership, you can use the published payment options. To limit our credit risk, we reserve the right to exclude certain payment methods in individual cases. Tickets remain the property of PBS until full payment has been received. Should a payment be redebited and should we therefore withdraw from the contract, you are obliged to return the tickets without delay and to reimburse the costs incurred by the redebiting.
4.1.1 Online Sales via the Internet
We sell our tickets, vouchers and the Portal Membership online via www.boulezsaal.de and its integrated webshop.
Payment is made with the specified means of payment, which currently include credit card (MasterCard, Visa), giropay, SOFORT-immediate bank transfer or voucher.
4.1.2 Sales by telephone
Telephone sales will be handled by our service provider Papagena Kartenvertriebs GmbH during the opening hours and via the telephone numbers stated on our website.
You can pay by credit card (MasterCard, Visa), bank transfer (only if payment is received at least three days before the concert), SEPA direct debit or voucher.
Purchase by bank transfer is only possible for vouchers, the Portal Membership or performances that take place no earlier than five working days (for orders from Germany) or ten working days (for orders from abroad) after the date of order. If you have ordered the tickets with the option to pay by bank transfer, please transfer the amount stated in the order confirmation in full in time so that it reaches the specified account by the end of the stated reservation period, but no later than three days before the concert begins. Please be sure to include the transaction number in the payment reference. Otherwise the payment may not be allocated in time. The tickets or vouchers will only be sent or held at the box office after receipt of payment. If the amount is not credited to our account before the deadline, the reservation expires, and the tickets go back on sale. Late payments will be refunded to the account from which the payment was made.
4.1.3 Sales at the Concert Box Office
Sales at our concert box office take place during the opening hours posted. At the evening box office, i.e. from one hour before the concert begins, you can only purchase remaining tickets and remaining tickets for young visitors under 35 for the event immediately following. There are no advance sales during this time period.
Payments can be made using credit card (MasterCard, Visa), debit card, cash or voucher.
4.2 Vouchers
You can purchase vouchers in the ways mentioned above. They can be redeemed for any performance, except for guest performances by other organizers, provided that tickets are still available in the desired price category and the voucher is not older than three years from the date of issue.
Vouchers can be redeemed through the above-mentioned channels of purchase either by presenting them or by quoting the voucher number during the ordering process. The value of the vouchers cannot be paid out in cash. The purchase of new vouchers with old vouchers is not possible.
4.3 Wheelchair Places, Seats for Severely Disabled Persons
Tickets for wheelchair spaces or seats for other severely disabled persons and their escorts can only be purchased by telephone, as per Section 4.1.2.
4.4 Reservations
If payment for the tickets is not made directly, but by bank transfer after receipt of an invoice or a reservation agreement, the amount owed must be received in full in our account no later than three days before the concert, or within the period stated on the reservation confirmation or communicated verbally in the case of a telephone ticket reservation (whichever is earlier). Otherwise, the reservation expires and the tickets become available for sale again. In this case we will refund any partial amounts paid.
4.5 Tickets on hold
Paid tickets held at the box office can be collected during the opening hours by presenting the booking number and the ID of the person collecting the tickets. If the person collecting the tickets is not identical to the buyer, the person collecting the tickets must present a power of attorney from the buyer.
4.6 Shipping by Mail
If you wish, we can send you your paid tickets by mail. We charge a shipping fee of currently 3 Euro and mail by simple, unregistered letter post. Shipping is at your risk. If the time span until the event is too short (7 calendar days or less), we will hold paid tickets for collection at the box office until the start of the event.
If paid tickets are not collected, there is no claim to a refund.
4.7 Supplementary Regulations
We reserve the right to make different or additional arrangements for ticket sales and announce them on our website and in the context of ticket purchases.
5. CONCLUSION OF CONTRACT VIA THE WEBSITE BOULEZSAAL.DE
5.1 Purchase Offer
After you have gone through the ordering process and accepted these terms and conditions by clicking the corresponding button, you make a binding offer to purchase by clicking the button "Buy now". Input errors or changes can be made beforehand by clicking on the "Back" button in the browser or on the button provided for this purpose. You can also click on "Remove" in the shopping cart and the article will be deleted.
5.2 Conclusion of Contract
The purchase contract is only concluded when you receive an order confirmation in which all details of your order are listed and we accept your purchase offer explicitly or implicitly (e.g. by sending the tickets or vouchers or activating your Portal Membership). As a rule, this is done immediately, at the latest within three working days. In the case of orders paid in advance (by bank transfer - see 4.1.2 above), the contract is only concluded after full and timely receipt of payment in our account. Until that point, we will keep your order as a reservation. This reservation expires if you do not pay in time, as stated in section 4.1.2 above.
5.3 Order Confirmation
The text of your order will be saved by us. If you make your purchase as a guest, you will not be able to retrieve the order after completion of the order process. However, we will send you the information from your order with our order confirmation. Of course you can also print or save the details of your order immediately before sending it.
5.4 Contractual Language
The contract may be concluded in German and English.
5.5 Electronic Invoices
You agree to the sending of electronic invoices. We can either send them by email in pdf format or save them to your user area and inform you accordingly.
6. RIGHT OF RESCISSION
6.1 In principle, consumers have a right of rescission regarding any distance selling contracts, and the Pierre Boulez Saal provides the following information about this right.
Please note, however, that the statutory right of rescission pursuant to § 312 g para. 2 sentence 1 no. 9 BGB does not apply to such contracts which provide for the provision of a service in connection with leisure activities if the contract provides for a specific date or period for the provision of the service. However, this is the case when purchasing tickets for events such as concerts or similar performances. Therefore, your ticket order is binding immediately upon our acceptance and obliges you to accept and pay for the tickets.
Please note in connection with your Portal Membership that the right of withdrawal will expire if we have commenced performance of the Contract after you have expressly consented to our commencing performance of the Contract prior to the expiry of the withdrawal period and have confirmed your knowledge that by consenting you will lose your right of withdrawal upon commencement of performance of the Contract.
6.2 For all other contracts with consumers (e.g. purchase of vouchers or of Portal Membership without consent to the immediate performance) we hereby inform you about the legal right of withdrawal as follows: Rescission Policy
6.2.1 Right of Rescission
You have the right to rescind this contract within fourteen days without giving any reason.
The period for rescission is
for purchase of vouchers: fourteen days from the day in which you or a third party of your choice, who is not identical with the shipping agent, has accepted delivery of the goods;
for purchase of Portal Membership: 14 days following the day of conclusion of contract.
In order to exercise your right of rescission, you must submit an unambiguous declaration (e.g. a letter sent by mail, by fax or email) stating your decision to rescind the contract, to us,
Pierre Boulez Saal, Barenboim-Said Akademie gGmbH, Französische Straße 33d, 10117 Berlin, Germany, Tel. +49 30 / 20 96 717 00, Email: info@boulezsaal.de.
You may use the template form of rescission enclosed, which is, however, not pre-formulated.
To comply with the time limit, it is sufficient to have mailed or sent the statement of rescission before the end of the fourteen day-period.
6.2.2 Consequences of Rescission
If you choose to rescind the contract, we are obliged to return all payments we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different form of delivery other than the standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we have received your declaration of rescission. For such repayments, we will use the same payment method you used for the original transaction, unless something else has expressly been agreed with you; in no case will we charge any fees for such repayments.
We may refuse to return payments until such we have received the returned goods, or until you have proved that you have sent the goods back, whichever takes place first.
It is your obligation to return the goods without delay and in any case within 14 days from the day on which you inform us of your rescission of the contract, either by shipping them or delivering them personally. To comply with the time limit, it is sufficient to have mailed the goods within 14 days. You are responsible for the immediate shipping costs when you return the goods. You are only responsible for any loss of value of the goods if this loss of value is due to your handling the goods in a manner which is not necessary to ascertain the state, characteristics and function of the goods.
The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium (e.g. portal membership) if we have commenced performance of the contract after you have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and have confirmed your knowledge that by consenting you lose your right of withdrawal on commencement of performance of the contract.
6.2.3 Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back.)
To Pierre Boulez Saal, Barenboim-Said Akademie gGmbH, Französische Straße 33d, 10117 Berlin; E-Mail: tickets@boulezsaal.de:
I/we (*) hereby rescind the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if communicated on paper)
Date ____________________
(*) Delete as applicable
End of the Rescission Policy and the sample rescission form
7. EXCHANGE OR RETURN OF TICKETS OR VOUCHERS
In principle, tickets cannot be exchanged or returned after they have been purchased (except in cases of Section 6.2). There is no compensation for unused tickets. Changes in cast or a delayed beginning of the event only entitle customers to return tickets if the change is significant and the responsibility of the Pierre Boulez Saal.
8. TICKET LOSS
If you have lost your ticket, we may issue a replacement for the ticket, in our own discretion, if you can show credibly which ticket was originally bought. The holder of an original ticket always takes precedence over the holder of a replacement ticket. Therefore, the holder of a replacement ticket has no reight to admission.
9. NO COMMERCIAL RESALE
Tickets once purchased may not be resold for profit or commercial advertising or marketing purposes (e.g. raffles) without prior agreement of the Pierre Boulez Saal.
Any resale at a higher price than that printed on the ticket is also prohibited.
In cases of infringement against this rule, the tickets will be annulled.
Third parties are not permitted to offer tickets for sale within the premises of PBS.
10. CHANGES, ABORTION OR CANCELLATION OF A CONCERT
10.1 We reserve the right to alter parts of a concert, namely if an artist is unable to perform (e.g. due to illness), or if the change is necessary for technical, staffing or for safety reasons. As long as we are not responsible for the change and/or the change is not substantial and reasonable for you, you have no right to reduce the price or rescind the ticket purchase.
10.2 If we have to abort a concert for reasons for which we are not responsible, you can only claim a refund of your ticket price if the interruption occurred before the first intermission or, in the case of a performance without intermission, before half of the scheduled performance time has been reached. In this case, you must assert your claim in writing within one year of the performance date by presenting the tickets.
10.3 We reserve the right to cancel in cases of force majeure (especially natural disasters, sabotage, strikes, traffic accidents, war, terrorism, including cancellation ordered or recommended by the authorities/police, or decided on at our dutiful discretion due to terrorist threats or suspicions, or the spread of epidemics) or for reasons of piety. Reasons of piety are deemed to exist if public mourning has been ordered or carried out in Berlin, or if a serious accident or calamity occurs within 24 hours before the start of the concert, which is reported in the majority of the media in Berlin, or if the incident occurred more than 24 hours ago but the reporting is still present in the majority of the media by special broadcasts, or if comparable events are cancelled due to the same incident.
10.4 If we have to cancel a performance, we will offer to transfer the tickets to the catch-up date if possible and available. However, we are not obliged to do so. If you are unable or unwilling to attend another date or if we do not offer you a catch-up date, we will refund the ticket price. In this case, you must assert your claim in writing within one year of the performance date and include the tickets. After that date a refund is excluded. We will not refund any shipping costs. Further claims for damages are excluded unless we are responsible for the cancellation.
10. A. Cancellations or Amendments due to Coronavirus/Covid-19 - Right of Rescission and Voucher Redemption
10. A. 1 Right of rescission for future cancellations or amendments due to SARS-CoV-2 – Official Requirements
We are currently assuming that the risk of infection with the coronavirus SARS-CoV-2 will be reduced significantly in the future so that we will be able to stage our concerts generally without any restrictions. However, we cannot predict the developments and acknowledge that in principle, we may be facing again interruptions of concert life or spontaneous cancellation of concerts.
We are pleased that you are buying tickets despite these imponderables, demonstrating your support – which is vital to us – in this manner.
However, for the above reasons, we must reserve the right to rescind the ticket purchase agreement in the event that the SARS-CoV-2 pandemic leads to further restrictions than those currently foreseeable, for which we are not responsible.
We will, of course, inform you immediately on our website and also via the address (mail, email) or phone number you have provided, should it become necessary to postpone or cancel events or make other changes and we have to withdraw from the contract. In this case we will immediately refund your ticket price, but not shipping fees. If you have a customer account with us, we will first credit your paid ticket prices to your customer account. You can then decide whether you want to use the credited amount for further/later purchases, whether you want to donate it, or whether you want us to refund it. Please also inform yourself before the performance date you have booked with us. In case we rescind the contract, please return your tickets within one year for a refund, providing your bank account details.
We must exclude any further claims for damages in this context.
10. A. 2 Waiting list
As we do not yet know exactly the conditions under which our concerts will take place in the actual and the following seasons, we may also offer a waiting list for specific events, which you can sign up for on our website in case. As soon as the conditions regarding hygiene measures and seating capacity for a particular concert are known, we will inform you by email. You will then have a 24-hour window to purchase tickets before they go on sale to the general public.
10. A. 3 Ticket acquisition during the validity of the Berlin SARS-CoV-2 Infection Protection Ordinance (SARS-SchutzVO Bln)
Any prescriptions for entry, seating, etc. of the SARS-SchutzVO Bln are valid also for concerts and events at the Pierre Boulez Saal. We reserve the right to take any measures resulting from this with regard to the allocation of places and/or documentation of attendance etc.
If we have to prepare an attendance documentation for all concert visitors we will ask for first name and surname, e-mail address or residential address and telephone number for each ticket during the purchase of tickets and store it for a period of four weeks. If other than the originally indicated concert visitors attend the concert, you are obliged to correct the information accordingly on the way you purchased the tickets.
We reserve the right to expel you from the concert hall in accordance with section 11.14 if these rules are violated.
11. HOUSE RULES
11.1 The Artistic Director and the management of PBS hold the domestic authority and exercise it with the help of his staff. Instructions issued by the staff must be complied with.
11.2 The foyer and cloakrooms are generally opened one hour before the concert begins.
11.3 Each visitor must continue to carry the ticket after admission and must present it or any other admission authorisation issued to him/her at any time upon request.
11.4 After the concert has begun, there is no right to be admitted to the concert hall. This also applies if the visitor had to leave the hall for a short time. Visitors will only be admitted if the performance allows and if they do not disturb the concert. The decision lies with the responsible usher.
If visitors are admitted during the concert (e.g. between two parts of a performance), they must immediately take the seat assigned to them (or only a standing room if necessary). They may only occupy the seats indicated on their ticket during the interval.
If no late admission is possible, the claim to the seat purchased shall be forfeited.
In such cases, a visitor has no claim to a reduction or refund of the ticket price or to any other compensation for damages or expenses.
11.5 Persons under 16 years of age will only be admitted to the Pierre Boulez Saal if accompanied by a responsible adult. Concerts at the Pierre Boulez Saal are not suitable for children under 6 years of age. This also applies to concerts that are billed as children’s concerts.
Visitors are not entitled to a reduction or refund of the ticket price or other compensation for damages or expenses in these cases.
11.6 The provisions of Section 11.5 expressly do not apply to Parental Leave Concerts, i.e. concerts expressly designed for parents and their children up to 18 months of age (and/or their grandparents, uncles or aunts). Rather, visitors cannot expect and demand absolute quiet and concentration at these concerts. Admission is only granted to persons accompanied by a baby.
11.7 It is not permissible to occupy a seat not specified on the ticket. This is also the case if another seat has been unoccupied for a lengthy period of time. If a visitor moves to another seat without permission, the Pierre Boulez Saal may claim payment of the difference in price, may require the visitor to take the seat specified on his or her ticket, or may remove the visitor from the performance.
11.8 Every visitor must behave in such a way that artists, other visitors, staff and other third parties are not harmed, endangered or harassed.
11.9 Mobile phones, electric clocks and other technical devices with acoustic and visual signals must be switched off during the concert.
11.10 For safety reasons, no bulky objects (bags, backpacks, instruments, child seats or similar) may be taken into the concert hall. Animals are not permitted. If a visitor is dependent on an assistance dog for health reasons, he/she must notify us of this when purchasing tickets (on site, by telephone or in writing, no sale possible via our website). Admission is only possible with our prior written consent and only for assistance dogs within the meaning of § 12 e para. 3 Behindertengleichstellungsgesetz (Disability Equality Act).Animals are not permitted.
11.11 It is not permitted to engage in advertising of any kind or distribute leaflets or other materials, or to use the concert for political, religious or offensive expression of opinion, unless we have given our prior express written consent.
11.12 Smoking is prohibited in the publicly accessible areas of the PBS. The provisions of the Non-Smoker Protection Act apply.
11.13 Food and beverages may not be brought onto the premises. Their consumption is generally not permitted in the concert hall.
11.14 In case of violation of the above rules, we may expel the visitor from the hall and/or the building. If we have sufficient reason to assume that a visitor will fail to comply with these rules or has repeatedly violated these General Terms and Conditions, we can deny him/her access to the building and/or the hall.
In such cases, visitors are not entitled to a refund of the admission fee already paid or to any other compensation for damages or expenses.
12. IMAGE AND SOUND RECORDINGS
12.1 Image and/or sound recordings of any kind by visitors are prohibited.
12.2 In the event of violations, we are entitled to confiscate recording devices, cameras or mobile phones/smartphones and retain them until the end of the concert. Films and recording materials of any kind on which parts of the concert are recorded may be confiscated and kept by us. They will be returned to the visitor after he/she has agreed to the deletion of the recordings and the deletion has taken place.
12.3 During the concert, we (or any third parties authorised by us for this purpose) may create image and/or sound recordings and publish them on our websites (homepage and social media) and for our own advertising purposes, but also for commercial purposes of third parties (e.g. TV stations, DVD or streaming productions).
13. CLOAKROOM
13.1 Coats, umbrellas, sticks, large bags and similar items must be left at the cloakroom for storage. The storage of animals is generally excluded. The cloakroom staff is entitled to refuse to accept particularly valuable items.
13.2 The items left at the cloakroom are insured in accordance with the posted insurance conditions. Liability is limited to the current value of the deposited item and amounts to a maximum of 2,556.00 Euros per item, and 100 Euros for the contents of bags. In all other respects, liability shall be governed by Section 15.
13.3 The cloakroom attendants must be notified immediately of any mistaken, damaged or lost cloakroom items and the loss of a cloakroom ticket. If a cloakroom ticket is lost, the visitor is obliged to pay the replacement costs. Cloakroom items may only be handed over without a cloakroom ticket if the visitor can credibly prove that he or she is the authorised recipient.
13.4 We reserve the right to charge a cloakroom fee.
14. LOST PROPERTY
Objects of all kinds found in the building are to be handed in to the ushers or cloakroom attendants.
15. SPECIAL CONDITIONS FOR THE PORTAL MEMBERSHIP
15.1 Registration, Technical Prerequisites and Membership Fee Due Date
Registration is required for membership of the Portal. You can register if you are of age (i.e. 18 years old). If you are 16 or older, you can register if your legal guardians have given their consent.
We recommend a bandwidth of 10-25 Mbps - Mbit/s in the download for the most trouble-free playback.
The membership fee is due in full at the beginning of the membership.
15.2 Licence for Use
With the acquisition of membership in the Portal, you receive the right to use the content on the Portal non-exclusively, restricted and revocable for purely private, personal and non-commercial purposes within the framework of the conditions reproduced on the Portal, if applicable. The right of use is not transferable to third parties. We reserve the right to limit the number of devices used by you and the transmission to only one of these devices at a time.
The right of use is limited to the mere reproduction of the contents by streaming. In particular, you are not entitled to reproduce, distribute, permanently store (with the exception of short-term storage for streaming purposes), make publicly available or otherwise use the content or bypass any backup settings.
15.3 User Generated Content – Licence
If we give you the opportunity to make your own content (texts, photos, music, etc.) available on the Portal (so-called user-generated content - UGC), you grant us the non-exclusive, transferable and free-of-charge right, unlimited in time, place and content, to make this UGC content publicly accessible on the Portal and the websites and social media channels operated by us, to reproduce, distribute, broadcast, publicly reproduce and (in compliance with your personal rights) to edit and combine it with other content.
You undertake to design your UGC content in such a way that it does not violate applicable law. You warrant that you are entitled to use your UGC content for the above-mentioned purposes and that no third party rights (in particular copyright and personal rights) conflict with this. You agree not to distribute any UGC content that is offensive, discriminatory, racist, obscene, pornographic, glorifies violence or is comparably negative. We reserve the right to delete your UGC content at any time, especially if you violate applicable law.
15.4 Term – Termination
The term of the portal membership is twelve months. It can be extended for a further twelve months at any time. We will inform you in good time before expiry. Ordinary termination during the twelve-month period is excluded. The right to extraordinary termination for good cause remains unaffected.
16. LIABILITY
16.1 We are liable for all damages caused by us or our legal representatives or agents with intent or gross negligence, in accordance with the statutory provisions.
16.2 We shall not be liable for damage caused by us due to slight negligence, unless we have thereby breached an essential contractual obligation, i.e. an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely. In this case, however, liability is limited to the damage that we typically had to expect according to the circumstances known at the time of conclusion of the contract.
16.3 The above limitations of liability shall not apply in the event of injury to life, limbs or health, in the event of fraudulently concealed defects or in the event of statutory liability regardless of fault (e.g. under guarantee or under the Product Liability Act).
16.4 These limitations of liability shall also apply to our legal representatives and agents.
17. APPLICABLE LAW AND JURISDICTION AND DISPUTE SETTLEMENT PROCEDURES
17.1 In the event of deviations, conflicts, etc. between the German version and the English version of these General Terms and Conditions, the German version shall prevail.
17.2 German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
17.3 If you do not have a general place of jurisdiction in Germany or act as a merchant, representative of a legal entity under public law or representative of special funds under public law, the place of jurisdiction is Berlin.
17.4 The European Commission has provided a platform for online dispute resolution at the following link:
We are legally obliged to provide this information, but we do not participate in this type of dispute resolution.
17.5 Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Last updated: March 2022
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