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Terms of business

General Terms and Conditions of Business I. General Provisions The following General Terms and Conditions of Business are in force between you as customer and us, The Deutsche Kammerphilharmonie Bremen gGmbH, Langenstr. 13, 28195 Bremen, Amtsgericht (District Court) Bremen, HRB (Commercial Registry Number) 21341, and contain the sole terms and conditions in effect between us. Deviating or additional General Terms and Conditions of Business of the customer shall not apply. By placing an order on our web site (http://www.kammerphilharmonie.com) or making a purchase in our subscription shop you accept these Terms and Conditions as exclusively governing. You may access these General Terms and Conditions of Business at all times on our web site after clicking on an article under the term ›Terms and Conditions of Business‹ and examine them in our subscription shop.

II. User Registration for Online Orders Only persons with unlimited capacity to contract are entitled to place orders. You must register your data with us to place an online order on our web site. To register, complete the order form on our web site electronically and submit it. The data necessary for ordering are to be fully and truthfully disclosed by you. If we have legitimate doubts as to your capacity to contract or the authenticity of your information on the basis of your statements, we will not fill your order. We will notify you of this immediately via e-mail.

III. Data Protection Information 1. Data Protection Act We will use the personal data provided by you (name, address, e-mail address, telephone number, bank affiliation, credit card information) in accordance with the provisions of the German Data Protection Act. 2. Data Collection, Processing, and Use for Our Own Purposes As far as they are necessary for the execution, structuring of the content, or modification of the contractual relationship, your personal data will be used solely to execute and support the agreements concluded between us, for example, for the delivery of merchandise and tickets to the address indicated by you. When transacting a purchase on account or by direct debit, we will use your data to carry out an inquiry on your credit standing with credit investigation agencies. The use, collection, storage, modification, or dissemination of personal data is effected only if it is necessary for the protection of our legitimate interests and there is no reason to believe that the legitimate interests of the customer are paramount to the exclusion of such processing or use. 3. Further Use Any further use of your data for purposes of advertising, market research, or demand-oriented presentation of our offers requires your consent. You have the opportunity to give this consent before placing your order. To do so, check the appropriate space on the online order form before placing your order. Such consent is voluntary and may be revoked by you at any time via e-mail (info[at]kammerphilharmonie.com), by telephone, or in writing. 4. Usage Data Your personal data, which are necessary in order to facilitate the purchase of our offers and to settle accounts (usage data), are used solely to execute the agreements concluded between us. Such usage data are, in particular, the attributes of your identification as a user, details on the commencement, conclusion, and extent of the respective use, and details on the teleservices utilized by you as a user. Furthermore, we will anonymize the usage data for the purposes of advertising, market research, or demand-oriented presentation of our teleservices and to create usage profiles using pseudonyms. You have the right and opportunity to object to such use of your data at any time.

IV. Conclusion of an Agreement for Online Orders 1. The presentation of merchandise on our web site does not constitute a firm offer for the conclusion of an agreement. The offers on our web site and the information on merchandise and prices are not binding and are subject to change without notice. 2. When you place an order on our web site, you submit an offer for the conclusion of a sales agreement. We immediately send you an e-mail confirming receipt of your order. This confirmation does not constitute acceptance of your offer, but informs you that your order has been received. A sales agreement is not concluded until we send you the merchandise ordered and confirm shipment with a shipping confirmation. 3. You can see any possible typing errors made during the ordering process in the final display of your information under ›view order form‹ and correct them using the ›backward function‹ at any time before sending the order.

V. Subject Matter of the Agreement, Nature of Our Merchandise 1. Your order, these Terms and Conditions, and, for online orders, our shipping confirmation via e-mail are definitive for the subject matter of the agreement. Other agreements, particularly subsequent modifications, amendments, or collateral agreements, will only become subject matter of the agreement if we have expressly arranged them with you. 2. Please see the individual product descriptions in our offer for the stipulated nature of our merchandise and the availability period of limited offers. Different or further characteristics and attributes are only deemed to be the stipulated nature if we have expressly arranged them as such with you. 3. No verbal collateral agreements will be concluded.

VI. Delivery Times, Delivery Delays, Rights to Cancel an Agreement, and Shipping Charges for Online Orders 1. Delivery will be made as quickly as possible according to the availability of the merchandise ordered by you. Stipulated delivery times will be observed as far as possible, without agreeing to delivery by a fixed date under § 323 Par. 2 No. 2 BGB (German Civil Code). If we do not effect delivery, or if delivery is not as stipulated in the agreement, you are obliged to specify a reasonable deadline for us to make delivery. Otherwise you will not be entitled to withdraw from the agreement. Your right under the provisions of § 323 Par. 2 BGB to withdraw from the agreement even without fixing a time limit is unaffected by this. 2. You are obliged to pay the shipping charges quoted for delivery. The shipping charges are shown separately during the ordering process and on the invoice. 3. For deliveries to countries other than Germany, taxes, customs duties, and/or other charges may accrue which are not taken into account in our prices. The customer must bear these additional incidental charges. 4. If the merchandise you ordered is not available or we are not able to make the delivery for other reasons, we reserve the right to not make delivery or to deliver a product of equal worth in quality and value in lieu of the merchandise or service ordered. We will inform you of this immediately by e-mail and contact you promptly by telephone in order to arrange a possible later or comparable delivery with you, if you so desire. If not, we will reimburse any payments you have already made without delay. 5. Cases of force majeure (circumstances and events that are unforeseen and occur through no fault of our own, which could not have been avoided with the diligence of a prudent businessman, e.g., industrial disputes, war, fire, obstacles to transport, lack of raw materials, administrative measures) suspend our obligation to deliver for the period of their duration and the extent of their effect. This also applies if delivery is already delayed. In these cases we have the right to withdraw from the agreement if we have notified you promptly about the occurrence of the force majeure and reimburse you without delay for any payments already made. We expressly agree to inform you without delay and to reimburse any payments to you in accordance with the preceding sentence.

VII. Prices and Payments 1. The prices quoted are final prices inclusive of statutory taxes. Any incidental shipping charges are to be paid by you and will be shown separately. They are not included in our prices. 2. The purchase price and shipping charges as per the enclosed invoice are due for payment upon delivery of the goods purchased without deduction. 3. You may offset amounts only with undisputed or legally established claims. This also applies to the enforcement of liens, unless these are based on the same contractual relationship.

VIII. Rights and Obligations of the Customer in Case of Defects 1. The customer must examine the merchandise for defects immediately upon receipt or delivery. He must notify us of obvious defects without delay upon delivery, but within fourteen days at the latest (mailing such notification is sufficient). The examination and complaint period commences upon receipt of the merchandise. If the customer neglects to examine the merchandise and notify us of the defect in due time, he loses his claim to damages. 2. If only single items of several items sold or only single parts of an item sold are defective, your right of withdrawal is limited to the defective item or part. This does not apply if the defect is substantial and you have no interest in the remaining defect-free merchandise. You are obliged to prove the seriousness of the defect and your lack of interest in the defect-free merchandise.

IX. Limitations of Liability and Exclusion of Withdrawal 1. Under the Product Liability Act, we are fully liable for damages which are deliberate or caused by gross negligence, in the case of fraudulent concealment of defects for damages due to the violation of fundamental rights and obligations under the agreement, and for damages resulting from injury to life, body, or health. 2. Except for the cases mentioned in Paragraph 1, we are not liable for damages caused by ordinary negligence. 3. The aforementioned limitations of liability and exclusions also apply to the liability of our subcontractors and/or vicarious agents. 4. In all other cases, damage claims against us are excluded, irrespective of legal basis, unless a deliberate or gross breach of duty exists on our part or on the part of our legal representatives or vicarious agents. 5. If a breach of duty exists for which we are not responsible and which does not constitute a deficiency in the services provided by us, the customer does not have the right to withdraw from the agreement. 6. If we guarantee the quality of the merchandise or have guaranteed that the article will retain a given quality for a given period (Durability Guarantee, § 443 BGB), your legal rights and the rights under this guarantee are not affected by the aforementioned limitations of liability. 7. Under the current state of technology, data communication via the Internet cannot be guaranteed to be trouble-free and/or available at all times. Therefore, we are liable neither for the constant and uninterrupted availability of our online trading system nor for technical and electronic errors during the execution of orders on our web site if we have no influence on the nonavailability and errors. This applies particularly to delays in processing or accepting orders.

X. Retention of Ownership The merchandise will remain our sole property until claims resulting from the contractual relationship have been settled.

XI. Revocation Policy for Online Orders by Consumers Please observe the information on the legal exclusion of the right of revocation for the offer of leisure events and the delivery of audio or video recordings, which we have quoted following the revocation policy. Revocation Policy Right of Revocation You may revoke your contractual acceptance within one month without stating the reasons in text form (e.g., letter, fax, e-mail) or - if the article is delivered to you before the deadline - by returning the article. The revocation period commences upon receipt of this notice in text form, but not before receipt of the merchandise by the recipient (in the case of recurring delivery of the same type of merchandise, not before receipt of the first partial delivery) or in the case of the provision of services, not before conclusion of the contract, and not before the fulfillment of our duty to furnish information pursuant to § 312c Par. 2 BGB in conjunction with § 1 Par. 1, 2, and 4 BGB-InfoV (Disclosure Duty Order), and our obligations under § 312e Par. 1 Clause 1 BGB in conjunction with § 3 BGB-InfoV. Punctual sending of the revocation or the article is sufficient for adherence to the revocation deadline. The revocation shall be addressed to: The Deutsche Kammerphilharmonie Bremen gGmbH Kulturhaus Stadtwaage Langenstr. 13 D-28195 Bremen Tel. +49 421 - 32 19 19 Fax. +49 421 - 95 88 5 - 11 E-mail: info[at]kammerphilharmonie.com Consequences of Revocation In the event of a valid revocation, the services rendered on both sides are to be returned and any possible profits drawn (e.g., interest) are to be refunded. If you cannot return the service rendered in whole or in part to us, or you can return it only in worse condition, you are obliged to pay us compensation if appropriate. In the case of delivery of goods, this does not apply if the deterioration of the article is solely attributed to its inspection - such as would have been possible for you in a shop, for example. Apart from that, you may avoid the obligation to make compensation for deterioration resulting from the proper use of the article by refraining from using it as your property and from everything which impairs its value. Articles which can be shipped via parcel post are to be returned at our risk. You are obliged to bear the costs of return if the merchandise delivered is equivalent to that ordered and the price of the article to be returned does not exceed 40.00 euros, or, in the case of a higher-priced article, if you have not yet made payment or a contractually agreed partial payment at the time of revocation. Otherwise, the return is free of charge for you. Obligations to reimbursement of payments must be settled within 30 days. For you, this period commences with the sending of your notice of revocation or the article, and for us, upon its receipt. End of the Revocation Policy Information on the exclusion of the right of revocation for offers of leisure events and for the delivery of audio or video recordings: 1. If The Deutsche Kammerphilharmonie Bremen gGmbH as entrepreneur offers services from the leisure events sector and sells tickets for these events, or sells tickets for such events on behalf of other presenters, the aforementioned provisions on distance agreements do not apply, pursuant to § 312b Par. 3 No. 6 BGB, if on conclusion of the agreement The Deutsche Kammerphilharmonie Bremen gGmbH or the respective presenter undertakes to perform the service on a specific date or within a specific period of time. This means that there is no right of revocation and return. Each ticket order is thus binding immediately after confirmation by The Deutsche Kammerphilharmonie Bremen gGmbH, and the customer is obliged to accept and pay for the tickets ordered. 2. Unless provided otherwise, pursuant to § 312d Par. 4 BGB, there is no right of revocation in the case of distance agreements a) for the delivery of merchandise produced according to the customer's specifications or clearly tailored to his personal needs, or which, due to its nature, is not suitable for return or may spoil rapidly, or the recommended period for its use would be exceeded, b) for the delivery of audio or video recordings or software, if the seal of the recording media has been broken by the customer, or for the delivery of newspapers, periodicals, and magazines.

XII. Leisure Events/Concerts 1. In the event of the cancellation or postponement of a concert, the ticket holder has the right to withdraw from the agreement and to return tickets already purchased at his option. As an alternative, he may switch to a possible alternate date, if offered. Cancellation or rescheduling of a concert are possible, particularly in the case of outdoor concerts and adverse weather conditions or in the event of illness. The price printed on the ticket will then be refunded to the ticket holder in exchange for the return of the tickets, or the tickets will retain their validity for the alternate date, at his option. The reimbursement of booking fees is excluded. 2. If we are responsible for the cancellation or postponement of the concert, any claims for damages or rights of indemnity on the part of the ticket holder are limited to necessary and reasonable costs of average amount. 3. The commencement of the concert may be delayed slightly due to adverse weather conditions. Such a slight change does not entitle the ticket holder to a price reduction or compensatory damages, or to withdrawal from the agreement. 4. If the event must be stopped or postponed due to adverse weather conditions after it commences, the ticket holder is entitled to a refund of the ticket price or an alternate date, if offered, at his option. 5. The possibility of offering an alternate date to make up an event cannot be guaranteed and does not constitute an obligation on our part.

XIII. Concluding Provisions 1. This agreement is subject to the laws of the Federal Republic of Germany. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Binding predeterminations of the country in which you have your habitual residence are unaffected. 2. If you are a merchant, a legal person under public law, or a special asset under public law, or if you have no place of general jurisdiction in Germany, or after conclusion of the agreement your residence is transferred abroad, or your residence is not known at the date of the institution of legal proceedings, the place of jurisdiction for all disputes arising out of the contractual relationship is our commercial domicile. We have the right, however, to bring an action against the customer at his place of general jurisdiction. 3. Modifications or amendments to these Terms and Conditions of Business require written form. This also applies in the case of cancellation of this written form requirement. 4. If individual provisions of this agreement should be or become invalid, the agreement shall not thereby be affected in all other respects. The parties to the contract shall, by mutual consent, replace the invalid provision with a legally valid provision which comes as close as possible to the commercial spirit and purpose of the invalid provision. The aforementioned regulation applies analogously in the event of gaps in the provisions of the agreement. 5. If you have questions about our General Terms and Conditions of Business, please contact us at: The Deutsche Kammerphilharmonie Bremen gGmbH Kulturhaus Stadtwaage Langenstr. 13 D-28195 Bremen Tel. +49 421 - 32 19 19 Fax. +49 421 - 95 88 5 - 11 E-mail: info[at]kammerphilharmonie.com

This page was last changed on 21-05-2009, 12:37 PM