General Terms and Conditions

§ 1 General

1. These terms and conditions apply to all contracts, deliveries and other services of the Museum Karl-Marx-Haus Trier, Friedrich Ebert Foundation, Godesberger Allee 149, 53175 Bonn, Germany (hereinafter referred to as “Seller”), relating to the online shop karlmarxhaus.ticketfritz.de.
2. The business relations between the Seller and the customer are subject to the law of the Federal Republic of Germany. If the customer is a consumer, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer is ordinarily resident.
3. The place of jurisdiction is Bonn if the customer is a commercial person or a legal entity under public law or has special funds under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.

§ 2 Contract content and conclusion of contract

1. The Seller offers customers publications, tickets and merchandise for sale in the online shop karlmarxhaus.ticketfritz.de.
2. When shopping in the online shop, a purchase contract is only concluded when the customer’s order is accepted by the Seller. Price information in the online shop does not constitute an offer in the legal sense. Receipt and acceptance of the order will be confirmed with the customer (usually by email).

§ 3 Prices, shipping costs, VAT and payment

1. When ordering via the online shop, the prices stated there apply. All prices include the statutory value added tax.
2. The prices do not include shipping and packaging costs, which will be communicated to the customer before the order is placed.
3. The cost of shipping depends on the weight and dimensions of the goods as well as the intended destination.
4. Customers can pay the Seller using the following payment methods: PayPal, credit card (Visa, Mastercard) and giropay.
5. The customer shall pay the amount due to First Cash Solution GmbH, a payment service provider.
6. The Seller will always issue an order confirmation to the customer, which is handed over to the person upon delivery of the goods or is otherwise received in text form.
7. If a customer defaults on his/her payment obligations, the Seller may demand compensation in accordance with the statutory provisions and/or withdraw from the contract.

§ 4 Ticket sales

1. It is possible to buy tickets for access to the museum in the online shop. Online tickets must be presented at reception. Access to the museum is only possible after confirmation and scanning by the ticket office staff.
2. For discounted tickets (senior citizens, students, pupils, people with severe disabilities), proof must be provided on site without being asked. If this is not possible, the difference in price to the standard ticket must be paid at the museum ticket office.
3. Once payment has been received, the customer will receive an online ticket by email. This can be printed out, or alternatively, the QR code contained in the email can also be used. This only needs to be shown on the customer’s device (tablet, smartphone, etc.).
4. Online tickets cannot be cancelled.

§ 5 Delivery and transfer of risk

1. Unless otherwise agreed, the goods will be delivered to the address specified by the customer.
2. If the goods are labelled as out of stock in the online shop, the Seller shall endeavour to deliver the goods as quickly as possible. Information provided by the Seller regarding the delivery period is non-binding.
3. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. If the customer is a business person, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment.
4. If goods are delivered with obvious damage to the packaging or its contents, the customer must immediately lodge a complaint with the forwarding agent/freight service without prejudice to his/her warranty rights (§ 9) and contact the Seller immediately in writing so that the Seller can protect any rights it may have against the forwarding agent/freight service.

§ 6 Right of cancellation

1. In the event that the right of cancellation is exercised, the customer must bear the regular costs of return if the delivered goods correspond to those ordered.
2. If the customer wishes to exercise his/her right of cancellation, he/she must send the Seller an express written declaration of cancellation of this contract by post, fax or email.
3. The customer can use the attached sample cancellation form for this purpose. However, this is in no way mandatory. Details on the right of cancellation can be found here: https://karlmarxhaus.ticketfritz.de/Home/Widerrufsbelehrung.

§ 7 Retention of title

1. The delivered goods remain the property of the Seller until all claims arising from the contract, namely payment, have been fulfilled. In the event that the customer is a legal entity under public law, a special fund under public law or a business person exercising a commercial or independent professional activity, this shall also apply beyond this until settlement of all claims arising from the ongoing business relationship to which the Seller is entitled in connection with the contract.

§ 8 Offsetting, right of retention

1. The customer shall only be entitled to offset if his/her counterclaims are recognised by the Seller or have been legally established.
2. The customer is only authorised to exercise a right of retention to the extent that his/her counterclaim is based on the same contractual relationship.

§ 9 Warranty, liability

1. In the event of defects, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, Sections 377 et seq. of the German Commercial Code (HGB) apply in addition.
2. The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
3. Damage caused by improper actions on the part of the customer during installation, connection, operation or storage of the goods shall not justify any warranty claim against the Seller. The customer can find information on proper handling in the manufacturer’s instructions.
4. The customer must report defects to the Seller within a warranty period of two years following receipt of the item. If the customer is a business person, the warranty period is one year.
5. If there are defects and these have been reported in good time, the Seller is entitled to rectify them. If this rectification fails, the customer is entitled to withdraw from the contract. In cases of force majeure within the meaning of § 10(3) of these General Terms and Conditions, the client shall only be entitled to withdraw from or terminate the contract if he or she can no longer reasonably be expected to wait any longer, but no earlier than four weeks after the occurrence of the operational disruption. In all other respects, the statutory provisions apply.

§ 10 Limitation and exclusion of liability

1. Apart from liability for material defects and defects of title, the Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. It shall also be liable for the slightly negligent breach of material obligations (obligations whose breach jeopardises the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer regularly relies), but in each case only for foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the above obligations.
2. The limitations of liability in the above paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of an independent guarantee for the quality of the item and in the event of fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
3. The Seller shall not be responsible for disruptions to performance, in particular delays in delivery and performance, in its own operations or those of a supplier or other third party commissioned by it within the meaning of § 5 of these General Terms and Conditions and shall not be liable if these are due to force majeure. Such events include, in particular, war, riots, natural disasters, interventions by sovereign authorities, measures in the context of labour disputes (e.g. strikes and/or lockouts), shortages of raw materials and energy as well as unavoidable operational and transport disruptions (including disruptions in the external data network including in-house connections with network operators, internet access and/or service providers). In such cases of force majeure, an agreed delivery period shall generally be extended by the duration of this delay.
4. If the Seller’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

§ 11 Data protection

1. The customer is aware and agrees that the personal data required to process the order will be stored by the Seller on data carriers. The customer expressly consents to the collection, processing and use of personal data. The stored personal data will, of course, be treated confidentially by the Seller. The collection, processing and use of the customer’s personal data is carried out in compliance with the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and the EU General Data Protection Regulation (GDPR).

The customer is aware and agrees that the personal data required to process the order will be stored by the Seller on data carriers. The customer expressly consents to the collection, processing and use of personal data. The stored personal data will, of course, be treated confidentially by the Seller. The collection, processing and use of the customer’s personal data is carried out in compliance with the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and the EU General Data Protection Regulation (GDPR).