General Terms and Conditions for the Online Shop
§ 1 Scope, definitions
The following General Terms and Conditions (GTCs) apply to the use of the online shop of Schokoladenmuseum Köln GmbH, Am Schokoladenmuseum 1a, 50678 Cologne, managing directors Annette Imhoff and Dr Christian Unterberg-Imhoff (hereafter “Provider”), for the acquisition of tickets and other products provided in the online shop (hereafter “Tickets”).
Schokoladenmuseum Köln does not recognise any conditions of the Customer that deviate from these GTCs.
§ 2 Conclusion of the contract
(1) The products and services presented in the online ticket shop are non-binding and do not constitute a legally binding offer, rather an invitation to order. The Customer concludes the contract by clicking the order button in the online ordering process.
(2) The Provider concludes the contract by submitting the declaration of acceptance, which is sent in a separate email (order confirmation, booking confirmation or reservation confirmation).
(3) The contract is concluded in German.
§ 3 House rules
By purchasing Tickets, the Customer accepts the rules of the Provider as binding. They can be viewed at https://www.schokoladenmuseum.de/hausordnung/.
§ 4 Prices
Unless expressly stated otherwise, all prices stated on the Provider’s website include the applicable statutory VAT; Tickets are exempt from VAT in accordance with Section 4, point 20 of the UStG [Value Added Tax Act]. Any processing, shipping and packaging costs are not included in these prices and will – if incurred – be shown separately. Subject to pricing errors.
§ 5 Payment
(1) Payments can only be made using the payment methods provided.
(2) Payment of the purchase price is due immediately upon conclusion of the contract.
(3) The Tickets and other services remain the property of the Provider until payment is made in full.
(4) Should a payment be redebited, the Provider is entitled to the immediate return of the ordered Tickets or to withdraw from the contract and block the Tickets or the barcode or QR code sent. The Customer must make good any damage incurred by the Provider as a result of the redebiting.
§ 6 Delivery of Tickets
(1) Tickets are delivered exclusively via the “Print@Home Method”. The Tickets, which come with a barcode or QR code, will be sent out by email as a PDF attachment immediately after the conclusion of the purchase contract; the Customer must then print the Ticket out themselves or save it on their smartphone.
(2) The Ticket is transmitted at the Customer’s risk to the email address provided.
(3) Should the Customer not receive the email with the Ticket within 24 hours, they must advise the Provider of this immediately. The same applies if they receive an incorrect PDF file or incorrect Tickets. The Customer must check that the number of Tickets, the Ticket price, the date, time, event and location are correct. If they neglect to do this, they will not be entitled to make any claims or other complaints due to loss of their Ticket.
(4) The Provider reserves the right to withdraw from the contract in the event of obvious pricing errors, in the event of impossibility and in cases of force majeure. If this happens, the Provider will, where possible, inform the Customer immediately so long as they provided a valid email address when placing the order and will immediately refund the Customer for the services already provided by the Provider.
§ 7 Print@Home Ticket
(1) Tickets that the Customer can print out themselves or save on their smartphone using the Print@Home method only become valid once payment has been made in full.
(2) Printing out a Print@Home ticket multiple times or otherwise reproducing one for the purpose of misusing it is prohibited.
(3) Misuse will result in the loss of the right to entry without compensation; the ticket will lose its validity.
(4) The barcode or QR code, which can only be used once, is validated electronically by the Provider at the entrance using a barcode scanner. Using the Ticket multiple times by duplicating the code is forbidden.
(5) The Provider reserves the right to deny access to owners of barcode copies or owners of unauthorised duplicate tickets. Furthermore, the Provider reserves the right to claim damages and to file a criminal complaint.
(6) The Customer is obliged to keep the Online Ticket in a safe place, like cash or conventional tickets, and to protect it against misuse. If the Ticket is lost and/or misused, the Provider shall bear no responsibility and shall not provide a replacement.
(7) Commercial resale to third parties is expressly forbidden.
(8) The Customer shall be responsible for checking if they meet the personal requirements for the discounts offered. The Customer must still meet the discount qualification requirement on the day of their visit to the museum. The Customer must prove their entitlement by presenting their photo ID at the entrance. Otherwise, the difference to the full ticket price must be paid at the museum box office before admission.
(9) When buying tickets with a validity note, the tickets are only valid for the day/period specified when ordered.
(10) Entry is subject to the Provider’s current opening hours or the dates specified on the tickets. Opening times shall be specified by the Provider.
(11) The ticket will lose its validity when you leave the venue and cannot be transferred to other people after visiting the event.
(12) The Provider is entitled to refuse entry or to terminate a visit prematurely in cases of overcrowding or for other safety reasons. In this case, the Provider will reimburse the cost of tickets. This does not apply in cases of force majeure. Reimbursement claims for other costs are not permitted.
§ 8 Operating the online shop, data protection
(1) The Provider does not guarantee that the operation of the website (online shop) is undisturbed by interruptions or errors. The Provider shall endeavour, to the extent technically possible according to reasonable standards, to keep the operation of the website free from errors and interruptions. The Provider shall accept no liability for the occurrence of viruses or other sources of disruption.
(2) Detailed information on the scope of the collection, storage, processing and erasure of Customer data and the Customer’s associated rights can be found in our data protection regulations here: https://www.schokoladenmuseum.de/datenschutz/.
§ 9 Right of withdrawal and return
(1) When it comes to the sale of the tickets with a fixed validity date, the customer has no right of withdrawal or return as the regulations on the provision of services with regard to leisure events, Section 312g (2), point 9 of the BGB [German Civil Code], do not apply. Every order for such tickets is binding immediately after confirmation by the Provider, making the purchase and payment for the order obligatory.
(2) When purchasing products without a specific validity date or period (e.g. vouchers), consumers have the following right of withdrawal.
Cancellation policy:
Right of withdrawal
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be described as neither commercial nor professional activities:
You have the right to withdraw from this contract within fourteen days without giving a reason.
The withdrawal period for a purchase contract is fourteen days from the day on which you, or a third party named by you who is not the promoter, has/have taken possession of the goods.
To exercise your right of withdrawal, you must inform us, Schokoladenmuseum Köln GmbH, Am Schokoladenmuseum 1a, 50678 Cologne, Phone: +49-221-931888-0, Fax: +49-221-931888-14, service@schokoladenmuseum.de, of your decision to withdraw from this contract by means of a clear declaration. You can use the withdrawal form template for this purpose, but this is not mandatory.
In order to comply with this cancellation period, it is sufficient for you to notify us of your intention to exercise this right before the end of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we must return any payments we have received from you immediately and no later than fourteen days from the date on which we received notification of your withdrawal from this contract. Unless expressly agreed otherwise, we will use the same payment method that you used in the original transaction to pay you back; you will not be charged for this repayment. You only have to pay for any loss of value if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
§ 10 Specifics regarding the arrangement of group programmes
(1) For group tours, the Provider merely acts as a mediator for the museum guide and issues invoices to third parties on behalf of the museum guide. Payment is due immediately upon booking.
(2) If the purchaser wishes to change a programme that has already been arranged, the Provider shall charge the purchaser a service fee of €18.00 gross per transaction. A fee shall be required for changes related to language, programme content, date (day, time), and reductions in the number of participants.
(3) After booking, the purchaser can withdraw from the contract with the provider up to 14 days before the agreed service. For cancellations received after this deadline, 50% of the agreed fee will be charged as a cancellation fee. For no-shows and for cancellations received in the final 7 days before the event, 100% of the agreed fee must be paid. For cancellations received before the 14-day deadline, the paid amount will be returned minus a one-off cancellation fee of €18.00. The date the Provider receives the declaration of withdrawal is decisive for deciding whether the cancellation deadline has been complied with.
(4) The maximum group size for museum tours is 25. For school groups, the maximum group size is 30, including chaperones. For chocolate courses at the chocolate shop, the maximum number of participants is 14. For tasting sessions, the maximum number of participants is 20. There is no obligation to carry out sessions that exceed the maximum number of people.
(5) For programmes with young people under the age of 16, the guest must provide at least one adult supervisor per group. The museum guide is entitled to refuse to carry out a programme where the fee has been paid in full if this requirement has not been met by the guest. For tasting sessions and courses where alcohol is consumed, minors may only participate within the framework of statutory regulations.
(6) The Provider is entitled to cancel the booked programme or to offer to rebook it on another date – in the event of illness, for example. If this happens, the amount paid will be refunded immediately. Claims for the reimbursement of other costs shall not be permitted.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and its Customers to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes shall be Cologne.
(3) Even if individual points are legally invalid, the remaining parts of the contract shall remain binding. Ineffective points shall be replaced by statutory provisions, if available. If this would constitute unreasonable hardship for a contracting party, the contract as a whole shall become ineffective.
Please note: The EU Commission offers the possibility of online dispute resolution on an online platform it operates. This platform can be reached via this external link: http://ec.europa.eu/consumers/odr/.
We are neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Updated: 25/04/2023
Annex: Withdrawal form template
If you would like to withdraw from a contract, please fill out this form and send it back to us.
To
Schokoladenmuseum Köln GmbH, Am Schokoladenmuseum 1a, 50678 Cologne, service@schokoladenmuseum.de
– I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods (*) / the provision of the following service (*)
– Ordered (*) / received on (*)
– Consumer’s name
– Consumer’s address
– Consumer’s signature (only where the notification is on paper)
– Date
__________
(*) Delete as applicable