I. General information
These General Terms and Conditions (hereinafter referred to as ›GTC‹) apply to all contracts concluded between Deutsche Kammerphilharmonie Bremen gGmbH (hereinafter referred to as ›The Deutsche Kammerphilharmonie Bremen‹), Am Wall 165, 28195 Bremen, District Court of Bremen, HRB 21341 and the customer for merchandise offered for sale in the online shop of the website www.kammerphilharmonie.com or through the customer service of The Deutsche Kammerphilharmonie Bremen.
The agreements established between The Deutsche Kammerphilharmonie Bremen and the customer result exclusively from the following terms and conditions, the data protection regulations and the order confirmation. Deviating and supplementary regulations of the customer do not apply. They shall also not apply even if The Deutsche Kammerphilharmonie Bremen does not expressly object to their applicability. The contract agreements are in German and English.
II. Registration as a user for online orders
Only persons with unlimited legal capacity are entitled to place orders. To place an online order at www.kammerphilharmonie.com, customers must register with their data in order to carry out the order. The data required for the order must be provided completely and truthfully. Should there be justified doubts as to the customer’s legal capacity or the authenticity of their details, The Deutsche Kammerphilharmonie Bremen reserves the right not to execute the customer’s order. The customer will be informed of this immediately by email.
III. Data privacy
1. Data protection law
The Deutsche Kammerphilharmonie Bremen uses the personal data (name, address, email address, telephone number, bank details, credit card details) provided by the customer during the ordering process in accordance with the provisions of German Data Protection Act.
2. Data collection, data processing and data use for own purposes
The personal data of the customer, as far as it is necessary for establishing, negotiating or amending the contractual relationship, is used exclusively for the processing and justification of the contracts concluded between the customer and The Deutsche Kammerphilharmonie Bremen. It is used, for example, for the delivery of merchandise and admission tickets to the address indicated by the customer. When processing purchases against invoice or by direct debit, The Deutsche Kammerphilharmonie Bremen uses the data to request information on the customer’s creditworthiness from credit agencies. However, the use, collection, storage, modification or transmission of personal data shall only take place insofar as it is necessary to safeguard the legitimate interests of The Deutsche Kammerphilharmonie Bremen and there is no reason to assume that the customer’s legitimate interests in the exclusion of processing or use prevails.
3. Further uses
Any further use of the data provided for purposes of advertising, market research or for the tailoring of our offers requires the consent of the customer. The customer has the possibility to give this consent before placing their order. This declaration of consent is voluntary and can be revoked by the customer at any time by sending an email to (firstname.lastname@example.org) or by telephone or in writing.
4. Usage data
Personal data that is necessary to enable and invoice the use of our offers (usage data), is used exclusively for processing the contracts concluded between The Deutsche Kammerphilharmonie Bremen and the customer. Such usage data is in particular the characteristics that identify the customer as user, information about the start and end times as well as the extent of the respective use and information about the teleservices used by you as user.
IV. Conclusion of contract for online orders
The presentation of merchandise in the online shop of The Deutsche Kammerphilharmonie Bremen does not constitute a binding offer to conclude a contract. The offers on www.kammerphilharmonie.com as well as the information on merchandise and prices are non-binding and subject to confirmation.
By placing an order on the website of The Deutsche Kammerphilharmonie Bremen, the customer submits an offer to conclude a purchase contract. The customer will immediately receive an email confirming receipt of their order. This confirmation does not constitute an acceptance of the offer by The Deutsche Kammerphilharmonie Bremen, but serves as information about the receipt of the order. A purchase contract is only concluded when the ordered merchandise has been dispatched to the customer and the invoice has been issued.
V. Subject matter of the contract, quality of our merchandise
The subject matter of the contract is determined by the customer’s order, these terms and conditions and, in the case of online orders, invoicing by email. Other agreements, in particular subsequent amendments, supplements or subsidiary agreements, shall only become part of the contract if The Deutsche Kammerphilharmonie Bremen has expressly agreed them with the customer.
The agreed quality of the merchandise and the validity period of limited offers can be seen by the customer in the individual product descriptions in the online shop at www.kammerphilharmonie.com. Other or more extensive characteristics and features shall only be considered as agreed quality if The Deutsche Kammerphilharmonie Bremen has expressly agreed them with the customer.
VI. Delivery periods, delivery obstacles, rights of withdrawal and shipping costs for online order
Delivery will be made as soon as possible after availability of the merchandise ordered by the customer. Agreed delivery periods shall be adhered to as far as possible without a fixed-date transaction being agreed pursuant to Section 323(2) no. 2 BGB (German Civil Code). If delivery is not made by The Deutsche Kammerphilharmonie Bremen or is not made in accordance with the contract, the customer must set a reasonable deadline for performance. Otherwise they shall not be entitled to withdraw from the contract. This shall not affect their right to withdraw from the contract under the conditions of Section 323(2) BGB even without setting a deadline.
For the delivery, the customer has to pay the indicated shipping costs. The shipping costs are shown separately by The Deutsche Kammerphilharmonie Bremen in the order process and on the invoice.
For delivery to countries other than Germany, additional taxes, customs duties and/or other costs may be incurred which are not included in the prices in the online shop. The customer shall bear these additional costs.
Should the merchandise ordered by the customer not be available or should The Deutsche Kammerphilharmonie Bremen be unable to fulfil its delivery commitment for other reasons, The Deutsche Kammerphilharmonie Bremen reserves the right not to perform the delivery or to provide a service equivalent in quality and price in lieu of the merchandise or service ordered. This will be immediately communicated to the customer by email in order to agree a possible later or comparable performance if the customer so wishes. If the customer does not wish this, any payment already rendered will be refunded immediately.
Cases of force majeure (unforeseen circumstances and occurrences 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, transport obstacles, lack of raw materials, governmental actions) interrupt the delivery commitment of The Deutsche Kammerphilharmonie Bremen for the duration and scope of their effect. This shall also apply if The Deutsche Kammerphilharmonie Bremen is already in default of delivery. In these cases, The Deutsche Kammerphilharmonie Bremen is entitled to withdraw from the contract if it has informed the customer immediately of the occurrence of the force majeure and reimburses them immediately for any payment already received. The Deutsche Kammerphilharmonie Bremen expressly undertakes to provide immediate information and reimbursement in accordance with the preceding sentence.
VII Prices and payments
The prices quoted in the online shop are final prices including statutory taxes. Any shipping costs incurred are to be borne by the customer and are shown separately. They are not included in the prices quoted in the online shop.
The purchase price and the shipping costs stated on the enclosed invoice are due for payment without any deduction upon delivery of the purchased item.
The customer may only offset undisputed or legally established claims. This also applies to the assertion of rights of retention insofar as these are not based on the same contractual relationship.
VIII. Rights and obligations of the customer in case of defects
The customer must inspect the merchandise for defects immediately upon receipt or delivery. Obvious defects must be reported to The Deutsche Kammerphilharmonie Bremen immediately upon delivery, but within fourteen days at the latest (mailing of the notification is sufficient). The inspection and complaint period begins with the receipt of the merchandise. If the customer fails to inspect the merchandise in due time and to give notice of the defect, they shall lose their claim for damages.
Should only individual merchandise items out of several or only individual parts of merchandise sold be defective, any right of withdrawal on the part of the customer shall be restricted to the individual defective merchandise or the defective part. This shall not apply if the defect is material and the customer has no interest in the remaining defect-free merchandise. It is incumbent upon the customer to prove the materiality of the defect and the customer’s lack of interest in the defect-free merchandise.
IX. Limitation of liability and exclusion of withdrawal
The Deutsche Kammerphilharmonie Bremen is liable without limitation under the Product Liability Act for damages caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, for damages due to violation of essential rights and obligations under the contract, as well as for damages resulting from injury to life, limb or health.
Except in the cases mentioned in paragraph 1, The Deutsche Kammerphilharmonie Bremen shall not be liable for damages caused by simple negligence.
The aforementioned limitations of liability and exclusions shall also apply to the liability of our vicarious agents.
In all other cases, claims for damages against The Deutsche Kammerphilharmonie Bremen, irrespective of the legal basis, are excluded, unless there is an intentional or grossly negligent breach of duty by The Deutsche Kammerphilharmonie Bremen, its legal representatives or its vicarious agents.
If there is a breach of duty for which The Deutsche Kammerphilharmonie Bremen is not responsible and which does not constitute a defect in the services it provides, the customer shall not be entitled to withdraw from the contract.
Insofar as The Deutsche Kammerphilharmonie Bremen has assumed a guarantee for the quality of the merchandise or for the fact that the item retains a certain quality for a certain period of time (durability guarantee, Section 443 BGB), its statutory rights and the rights arising from this guarantee shall remain unaffected by the above limitations of liability.
According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The Deutsche Kammerphilharmonie Bremen is therefore liable neither for the continuous and uninterrupted availability of its online trading system nor for technical and electronic errors in the execution of orders on its website in cases where it has no influence on the non-availability and errors. This applies in particular to delayed processing or acceptance of orders.
X. Retention of title
The merchandise remains the sole property of The Deutsche Kammerphilharmonie Bremen until the obligations arising from the contractual relationship have been fulfilled.
XI. Cancellation policy for online orders by consumers
It is also imperative to observe the information on the legal exclusion of the right of revocation in the case of recreational events and the delivery of audio or video recordings, which is provided following the cancellation policy.
Right of revocation
The customer can revoke their contractual declaration in writing (e.g. by letter, fax, email) within one month without giving reasons or – if the merchandise is delivered before expiry of the deadline – by returning the merchandise. The time limit shall commence after receipt of this notification in text form, however not prior to receipt of the merchandise by the customer (in the case of recurring deliveries of similar 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 also not before fulfilment of The Deutsche Kammerphilharmonie Bremen’s duty to inform pursuant to Section 312c(2) BGB in conjunction with Section 1(1), (2) and (4) BGB Information Regulation (BGB-InfoV.) and its obligations under Section 312e(1) sentence 1 BGB in conjunction with Section 3 BGB Information Regulation (BGB-InfoV.). The timely submission of the cancellation or return of the merchandise suffices to comply with the cancellation period. The cancellation is to be addressed to:
Die Deutsche Kammerphilharmonie Bremen gGmbH
Am Wall 165
Tel. +49 (0)421 – 32 19 19
Fax. +49 (0)421 – 95 885 111
Consequences of cancellation
In the event of an effective cancellation, the mutual performances of the parties shall be rescinded and any benefits enjoyed (e.g. interest) shall be surrendered. If the customer is unable to reimburse The Deutsche Kammerphilharmonie Bremen for the received merchandise or service in whole or in part or is only able to return it in a deteriorated condition, they must compensate The Deutsche Kammerphilharmonie Bremen for the loss in value (This does not apply to the surrender of merchandise if the deterioration of the merchandise is exclusively due to its inspection – as would have been possible in a retail shop, for example). In all other respects, the customer can avoid the obligation to pay compensation for any deterioration caused through the intended use of the merchandise by not using the merchandise as if it were their property and refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned at the risk of The Deutsche Kammerphilharmonie Bremen. The customer shall bear the costs of the return shipment if the delivered merchandise corresponds to that ordered and if the price of the merchandise to be returned does not exceed an amount of € 40.00, or if at the time of cancellation the customer has not yet made payment or a contractually agreed partial payment for a higher price of the merchandise. Otherwise the return is free of charge for the customer. Obligations to reimburse payments must be fulfilled within 30 days. The time limit shall commence with submission of the notification of cancellation or the return of the merchandise; for The Deutsche Kammerphilharmonie Bremen with its receipt.
End of the cancellation policy
Information on the exclusion of the right of revocation in the case of recreational events and the delivery of audio or video recordings.
Insofar as The Deutsche Kammerphilharmonie Bremen as an entrepreneur offers services in the field of recreational events and sells tickets for these events or on behalf of other organizers for such events, the above provisions relating to distance selling contracts shall not apply in accordance with Section 312b(3) no. 6 BGB if The Deutsche Kammerphilharmonie Bremen or the respective organizer undertakes, upon conclusion of the contract, to provide the service at a specific time or within a specified period. This means that there is no right of revocation or return. Each order of admission tickets is therefore binding immediately after confirmation by The Deutsche Kammerphilharmonie Bremen and obliges the customer to accept and pay for the tickets ordered.
Unless otherwise specified, a right of revocation does not exist pursuant to Section 312d(4) BGB for distance selling contracts,
- for the delivery of merchandise which is manufactured according to customer specifications or clearly tailored to personal needs or which is not suitable for return due to its nature or spoils quickly or whose expiration date would be exceeded,
- for the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed for consumption, for the delivery of newspapers, magazines and periodicals.
XII. Recreational events/concerts
In the event of cancellation or postponement of a concert, the ticket holder is entitled, at their discretion, to withdraw from the contract and return tickets already purchased. They can alternatively switch to a possible alternative date. Cancellation or postponement of the concert is possible in particular in the case of open-air concerts and correspondingly adverse weather conditions or in the event of illness. The ticket holder will then be refunded the price printed on the ticket against return of the ticket or the tickets will retain their validity for the alternative date. The reimbursement of advance booking fees is excluded.
Insofar as The Deutsche Kammerphilharmonie Bremen is responsible for the cancellation or postponement of the concert, any claims for damages or expenses by the ticket holder shall be limited to the necessary and reasonable costs in an average amount.
The start of concerts may be postponed insignificantly for weather-related reasons. Such insignificant changes shall not entitle the ticket holder to a reduction of the purchase price, to damages or to withdraw from the contract.
If the event has to be cancelled or postponed after the start due to weather conditions, the ticket holder is entitled to a refund of the ticket price or, at their discretion, to an alternative date if offered.
The possibility of offering alternative dates to make up for an event cannot be guaranteed and does not constitute an obligation on the part of The Deutsche Kammerphilharmonie Bremen.
XIII. Final provisions
The law of the Federal Republic of Germany shall apply. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Compulsory regulations under the law of the state in which you have your habitual residence remain unaffected.
If the customer is a merchant or a legal entity under public law or a special fund under public law or if they have no general place of jurisdiction in Germany or move their place of residence abroad after conclusion of the contract or if their place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of The Deutsche Kammerphilharmonie Bremen. However, the latter has the right to sue the customer at their general place of jurisdiction.
Amendments or supplements to these terms and conditions must be made in writing. This shall also apply to a waiver of this written form requirement.
Should individual provisions of this contract be or become invalid, this shall not affect the remainder of the contract. The invalid provision shall be replaced by mutual agreement between the contracting parties by a provision which comes as close as possible in a legally effective manner to the economic sense and purpose of the invalid provision. The foregoing provision shall apply mutatis mutandis in the event of loopholes in the provisions.
If you have any questions about our general terms and conditions, please contact us:
Die Deutsche Kammerphilharmonie Bremen gGmbH
Am Wall 165
Tel. +49 (0)421 – 32 19 19
Fax. +49 (0)421 – 95 885 111