General Terms and Conditions – Online-Shop
Museum am Rothenbaum, Hamburg
§ 1 Scope and definitions
(1) The following General Terms and Conditions (“GTC”) apply to all business relationships between the Museum am Rothenbaum, Kulturen und Künste der Welt, Rothenbaumchaussee 64, 20148 Hamburg (hereinafter “MARKK”) and the customer. They shall apply for the duration of the entire business relationship, including all future services and offers to the customer, even if they are not separately agreed again.
(2) The customer’s or third party’s terms and conditions of business will not be applied, even if MARKK does not separately object to their validity in individual cases. Even if MARKK refers to a letter that contains or refers to the terms and conditions of its customer or a third party, this does not constitute agreement with the validity of those terms and conditions.
(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The offers in the MARKK’s online shop constitute an invitation for the customer to place an order. The customer can place online tickets and other goods in his virtual shopping basket in the online shop. Errors and mistakes in the product selection can be corrected by removing items erroneously added to the shopping cart. Only by clicking the button “Approve Purchase” does the customer submit a binding offer to conclude a purchase contract for all online tickets and goods in the shopping cart.
(2) The purchase contract is concluded when MARKK accepts the customer’s offer by e-mail or by sending the goods or the ticket. The text of the contract (consisting of the order overview and the general terms and conditions, which also contain information on revocation as well as a sample revocation form) will be sent to the customer in a confirmation of order, at the latest, however, upon delivery of the goods or before the performance of the service is commenced, on a permanent data carrier (e-mail or paper form). The text of the contract shall be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
§ 3 Prices and shipping costs
(1) The prices listed in the online shop are final prices including the applicable statutory VAT plus any shipping and other costs.
(2) The corresponding shipping costs will be indicated to the customer in the order form and shall be borne by the customer unless the customer makes use of his right of revocation (see § 10 below).
(3) The goods shall be dispatched by mail. The shipping risk shall be borne by MARKK if the customer is a consumer.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 4 Payment modalities
(1) The customer pays for the order by credit card.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
(4) The MARKK uses external service providers for the settlement of purchases made via the online shop. The collection of payments by credit card (Maestro, MasterCard, Visa) is carried out by the:
Stripe Technology Europe, Limited
25-28 North Wall Quay,
Dublin 1 D01 H104
§ 5 Delivery, availability of goods, withdrawal
(1) Delivery times specified by the MARKK are calculated from the time of order confirmation. If no delivery time or no deviating delivery time is specified for the respective goods in the MARKK online shop, it is two weeks.
(2) If the product designated by the customer in the order is only temporarily unavailable at the time of the order confirmation, MARKK will inform the customer of this in a separate e-mail immediately after becoming aware of it.
(3) The delivery of the ordered goods shall be made to the address of the customer stated in the online order.
(4) The goods will be shipped by mail. The shipping risk is borne by MARKK if the customer is a consumer.
(5) MARKK reserves the right to withdraw from the purchase contract if the ordered goods are not only temporarily unavailable. MARKK undertakes to inform the customer immediately of the unavailability of the goods and to refund any payments already made by the customer without delay.
§ 6 Retention of title
The MARKK retains ownership and all other rights to the delivered goods until the purchase price and shipping costs have been paid in full.
§ 7 Tickets to the MARKK
(1) The MARKK can only be visited with a valid admission ticket.
(2) Admission shall only be granted to the customer if he/she presents the admission ticket sent to him/her by e-mail in printed and legible form or on the display of a suitable mobile terminal device at the time of admission and a check based on the information on the admission ticket shows that the admission price has been paid and the ticket in question has not yet been redeemed.
(3) The admission ticket loses its validity upon entry to the museum or its cancellation. Day tickets are not transferable after admission.
(4) Admission tickets that have been falsified or manipulated in any other way do not entitle the holder to admission and will be confiscated by the MARKK without compensation. The same applies in the event of misuse of tickets.
(5) The MARKK is entitled, without prior notice, to close areas in the museum in whole or in part or to restrict access to these areas. These closures or access restrictions do not give rise to any claims on the part of the visitor.
(6) Children and young people under the age of 18 as well as other groups of people (see markk.hamburg.de) are admitted free of charge. Tickets are available at the MARKK box office.
(7) By visiting the MARKK, you accept the museum rules.
§ 8 Warranty for material defects, guarantee
(1) The MARKK is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). The warranty period for goods delivered by MARKK to entrepreneurs is 12 months.
(2) An additional guarantee exists for the goods supplied by MARKK only if this was expressly referred to in the product description at the time the contract was concluded.
§ 9 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by MARKK, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the MARKK shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages arise from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the MARKK’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as MARKK has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as MARKK and the customer have reached an agreement regarding the condition of the item. The regulations of the product liability law remain unaffected.
§ 10 Right of revocation
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which MARKK informs you below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, the Museum am Rothenbaum, Kulturen und Künste der Welt, Rothenbaumchaussee 64, 20148 Hamburg, by means of a clear declaration (e.g. a letter sent by mail or e-mail) of your decision to cancel this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
(2) The right of withdrawal does not exist for contracts
a. for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
b. in the case of contracts for the provision of non-residential accommodation services, transport of goods, motor vehicle hire, supply of food and drink and other services relating to leisure activities, where the contract provides for a specific date or period for the provision.
(3) The MARKK informs about the model withdrawal form according to the legal regulation as follows:
Sample cancellation form
(If you wish to cancel the contract, please fill in this form and send it back).
Museum am Rothenbaum
Kulturen und Künste der Welt
– I/we () hereby revoke the contract concluded by me/us ().
concerning the purchase of the following goods ()/the provision of the following services Service ()
– Ordered on ()/received on ()
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable
§ 11. Notice in accordance with the Online Dispute Settlement Regulation
(1) The MARKK is obliged under applicable law to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Online Dispute Resolution Platform can be found here: https://ec.europa.eu/odr.
(2) The MARKK does not participate in any dispute resolution procedure and is not obliged to do so.
§ 12. Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between MARKK and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
(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 all disputes arising from contractual relationships between the customer and MARKK is the registered office of MARKK in Hamburg.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.
(4) In case of any doubt the German version of the General Terms and Conditions shall prevail.