General terms and conditions with customer information
table of contents
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of rights of use for digital content
- retention of title
- Liability for defects (warranty)
- Redeeming promotion vouchers
- Redeeming gift vouchers
- Applicable law
- place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 Diese General Terms and Conditions (hereinafter referred to as "GTC") of Schloss Burgellern Hotel Betriebs GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Für Contracts for the delivery of digital content are subject to these terms and conditions, unless otherwise expressly agreed.
1.3 For Contracts for the delivery of vouchers apply these terms and conditions accordingly, unless otherwise expressly regulated.
1.4 For contracts for the delivery of tickets are subject to these General Terms and Conditions, unless otherwise expressly agreed. These GTC only regulate the sale of tickets for certain events described in more detail in the seller's article description and not the holding of these events. The statutory provisions governing the relationship between the customer and the organizer as well as any conditions of the organizer deviating from these shall apply exclusively to the execution of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.5 Verbraucher in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.6 Digitale Contents in the sense of these GTC are all data which are not on a physical data carrier, which are produced in digital form and made available by the seller under granting of certain rights of use more precisely regulated in these GTC.
2) Conclusion of contract
2.1 The product descriptions, contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 Der The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer to the seller by telephone, fax, e-mail or post.
2.3 Der Seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 Bei of the submission of an offer via the online order form of the seller, the text of the contract will be stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the relevant login data.
2.5 Vor binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Für the conclusion of the contract is available in German and English.
2.7 Die Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Verbrauchern is basically entitled to a right of revocation.
3.2 Nähere Information on the right of revocation results from the revocation instruction of the seller.
3.3 Das The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
3.4 Gemäß § 312g Abs. 2 Nr. 9 BGB a right of revocation does not exist, unless otherwise agreed, for contracts for the provision of services in connection with leisure activities, if the contract for the provision of a specific date or period. Accordingly, the right of revocation shall also be excluded in the case of contracts relating to the sale of tickets for scheduled leisure events.
4) Prices and terms of payment
4.1 Sofern does not result from the product description of the salesman anything else, it concerns with the indicated prices total prices, which contain the legal value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 Die Payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 Ist Payment in advance by bank transfer agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 Bei Selection of the payment method "IMMEDIATELY" the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. Further information on the "IMMEDIATE" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.6 Bei Selection of the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.7 Bei Selection of the SEPA direct debit payment method, the invoice amount is due for payment after a SEPA Direct Debit Mandate has been issued, but not before the deadline for advance information. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
4.8 Bei Selection of the payment method "PayPal Direct Debit" PayPal will collect the invoice amount from the customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
5) Delivery and shipping conditions
5.1 Die Unless otherwise agreed, the delivery of goods shall be effected by dispatch to the delivery address specified by the customer. The delivery address stated in the order processing of the seller is decisive for the transaction.
5.2 Scheitert the delivery of the commodity for reasons, which the customer has to represent, the customer carries the reasonable costs developing thereby for the salesman. This does not apply with regard to the costs of the consignment if the customer exercises his right of revocation effectively. In the event that the customer exercises his right of revocation effectively, the provision of the seller's revocation policy shall apply to the return costs.
5.3 Bei The seller shall inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may, after consultation with the seller, collect the goods from the seller's registered office. In this case no shipping costs will be charged.
5.4 Digitale Content is provided to the customer exclusively in electronic form as follows:
- per Download
- by e-mail
5.5 Gutscheine are left to the customer as follows:
- per Download
- by e-mail
5.6 Tickets are left to the customer as follows:
- per Download
- by e-mail
6) Granting of rights of use for digital content
6.1 Sofern the DeepL description in the seller's online shop does not indicate otherwise, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes.
6.2 Eine The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 Die Granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.
7) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 Ist the purchased item is defective, the provisions of statutory liability for defects shall apply.
8.2 Handelt the customer as a consumer, then he is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
9) Redeeming promotion vouchers
9.1 Gutscheine, which are issued free of charge by the seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the customer (hereinafter referred to as "promotion vouchers"), can only be redeemed in the online shop of the seller and only within the specified period.
9.2 Einzelne Products can be excluded from the voucher action, provided that a corresponding restriction results from the contents of the action coupon.
9.3 Aktionsgutscheine can only be redeemed before completion of the order process. Subsequent settlement is not possible.
9.4 Pro Only one promotional voucher can be redeemed at a time.
9.5 Der Value of goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 Reicht if the value of the promotional voucher does not cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 Das The credit balance of a promotional voucher is neither paid out in cash nor bears interest.
9.8 Der Action coupon is not refunded, if the customer returns the product paid with the action coupon completely or partly in the context of his legal right of revocation.
9.9 Der Promotion voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotion voucher in the online shop of the seller. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
10) Redeeming gift vouchers
10.1 Gutscheine, which can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers"), can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
10.2 Geschenkgutscheine and the remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer up to the expiration date.
10.3 Geschenkgutscheine can only be redeemed before completion of the order process. Subsequent settlement is not possible.
10.4 Pro Only one gift voucher can be redeemed at a time.
10.5 Geschenkgutscheine can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 Reicht the value of the gift voucher does not cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 Das No cash or interest will be paid on the balance of any Gift Voucher.
10.8 Der Gift Certificate is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the gift voucher in the online shop of the seller. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
11) Applicable law
11.1 Für All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, 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 has his habitual residence.
11.2 Ferner this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
13) Alternative dispute resolution
13.1 Die The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
13.2 Der The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.