General Terms and Conditions

General Terms and Conditions Online Shop

  • 1 Scope of application, definitions

The following General Terms and Conditions (GTC) apply to the use of the online store of Schokoladenmuseum Köln GmbH, Am Schokoladenmuseum 1a, 50678 Cologne, Managing Directors Annette Imhoff and Dr. Christian Unterberg-Imhoff (hereinafter "Provider") for the purchase of admission tickets and other products offered in the online store (hereinafter "Tickets").

The Chocolate Museum Cologne does not recognize any terms and conditions of the customer that deviate from these GTC.

  • 2 Formation of the contract

(1) The products and services presented in the online ticket store are non-binding and do not constitute a legally binding offer, but rather an invitation to place an order. The offer to conclude a contract on the part of the customer is made by clicking on the order button in the online ordering process.

(2) The contract is concluded when the provider issues a 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

With the purchase of tickets, the customer recognizes the house rules of the provider as binding. To the house rules

  • 4 Prices

Unless expressly stated otherwise, all prices quoted on the provider's website include the applicable statutory VAT; tickets are exempt from VAT in accordance with § 4 No. 20 UStG. Any processing, shipping and packaging costs are not included in these prices and will be shown separately if incurred. Prices are subject to errors.

  • 5 Payment

(1) Payments can only be made using the payment methods offered.

(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 full payment has been made.

(4) If a payment is charged back, the provider is entitled to immediate return of the tickets ordered or is entitled to withdraw from the contract and to block the tickets or the barcode or QR code sent. The customer must compensate the provider for any damage resulting from the chargeback.

  • 6 Delivery of tickets

(1) Tickets are delivered exclusively via the "Print@Home procedure". Immediately after conclusion of the purchase contract, the tickets, which are equipped with a barcode or QR code, are sent by e-mail as a PDF attachment and must be printed out by the customer or saved on the smartphone.

(2) Tickets are sent to the email address provided at the customer's risk.

(3) If the customer does not receive the e-mail with the ticket within 24 hours of booking, the customer is obliged to inform the provider of this fact immediately. The same applies if a faulty PDF file or faulty tickets are received. The tickets must be checked for accuracy with regard to quantity, prices, date, time, event and location. If he fails to do so, claims due to loss of the tickets or other complaints are excluded.

(4) The provider reserves the right to withdraw from the contract in the event of obvious pricing errors as well as in the event of impossibility and in cases of force majeure. In this case, the provider will, as far as possible, inform the customer immediately, provided that the customer has provided a valid e-mail address when placing the order, and reimburse the customer immediately for the services already rendered.

  • 7 Print@Home ticket

(1) Tickets that can be printed out by the customer or saved on a smartphone using the Print@Home procedure only become valid once payment has been made in full.

(2) It is prohibited to print out a Print@Home ticket more than once or to duplicate it in any other way for the purpose of misusing the ticket.

(3) Misuse leads to the loss of admission authorization without compensation and the ticket loses its validity.

(4) The barcode or QR code on the ticket, which can be used once, is electronically validated by the provider at the admission control using a barcode scanner. Multiple use by duplication of the code is excluded.

(5) The provider reserves the right to deny access to owners of barcode copies or owners of unauthorized duplicated tickets. In addition, the provider reserves the right to claim damages and to file criminal charges.

(6) The customer is obliged to store the online ticket like cash or conventional tickets in a safe place and to protect it against misuse. In the event of loss and/or misuse of the ticket, the provider shall bear no responsibility and shall provide no compensation.

(7) Commercial resale to third parties is expressly prohibited.

(8) The customer is responsible for checking whether he/she fulfills the personal requirements for the discounts offered. The prerequisite for claiming the discount must exist on the day of the museum visit. The customer must prove eligibility by presenting a photo ID to the admission control. Otherwise, the difference to the full ticket price must be paid at the museum ticket office before admission.

(9) When purchasing tickets with a validity note, the tickets are only valid for the day/period specified when ordering.

(10) Admission is subject to the provider's current opening hours or the dates stated on the tickets. The opening hours are determined by the provider.

(11) The admission ticket loses its validity upon leaving the event venue and is not transferable to other persons after the event visit.

(12) The provider is entitled to refuse admission in cases of overcrowding or for other safety reasons or to terminate the visit prematurely. In this case, the provider shall refund the cost of tickets. This does not apply in cases of force majeure. A claim for reimbursement of further costs is excluded.

  • 8 Operation of the online store, data protection

(1) The provider does not guarantee that the operation of the website (online store) will be uninterrupted or error-free. The provider will endeavor, as far as technically possible according to reasonable standards, to keep the operation of the website free of errors and interruptions. The provider accepts no liability for the occurrence of viruses or other disruptive pathogens.

(2) Detailed information on the scope of the collection, storage, processing and deletion of customer data and the associated rights of the customer can be found in our data protection provisions at https://www.schokoladenmuseum.de/datenschutz/.

  • 9 Right of withdrawal and return

(1) With regard to the sale of tickets with a fixed validity date, the customer has no right of revocation or return, as the provisions on distance selling do not apply to contracts for the provision of services in the area of scheduled leisure events, Section 312g (2) No. 9 BGB. Each order of such tickets is therefore binding immediately after confirmation by the provider and obliges the customer to accept and pay for the order.

(2) When purchasing products without a specific validity date or period (e.g. vouchers), the following right of withdrawal applies to consumers.

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 that can predominantly be attributed neither to their commercial nor their independent professional activity:

You have the right to withdraw from this contract within fourteen days without giving any 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 carrier, have taken possession of the goods.

To exercise the right to cancel, you must inform us, Schokoladenmuseum Köln GmbH, Am Schokoladenmuseum 1a, 50678 Köln, Telefon: +49-221-931888-0, Telefax: +49-221-931888-14, service@schokoladenmuseum.de of your decision to cancel this contract by a clear statement (e.g. e-mail). You can use the model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment. You only have to pay for any loss in value if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functionality of the goods.

  • 10 Special features for the arrangement of group programs

(1) In the case of group tours, the provider acts solely as an agent for the museum guide and issues invoices in the name of the museum guide for third parties. Payment is due immediately upon booking.

(2) If the Customer wishes to change a bindingly arranged program, the Provider shall charge the Customer a gross service fee of EUR 18.00 per transaction. Changes with regard to language, program content, date (day, time), reduction of the number of participants are subject to a charge.

(3) The customer may cancel the contract with the provider up to 14 days before the agreed service. Cancellations received after this period shall be subject to a cancellation fee of 50% of the agreed fee. Cancellations received within the last 7 days before the appointment or in the event of no-show, 100% of the agreed fee shall be payable. In the event of cancellation before the 14-day deadline, the amount paid will be refunded less a one-off cancellation fee of 18.00 EUR. The date of receipt of the written notice of withdrawal by the Provider shall be decisive for compliance with the cancellation deadlines.

(4) The maximum group size for museum tours is 25 participants. For school groups, the maximum group size including accompanying persons is 30 persons. For chocolate courses in the confectionery, the maximum number of participants is 14. The maximum number of participants for tastings is 20. There is no obligation to offer programs that exceed the maximum number of participants.

(5) For programs 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 the program with full payment of the fee if this requirement is not met by the guest. In the case of tastings and courses where alcohol is consumed, minors may only participate within the framework of the statutory regulations.

(6) The provider is entitled to cancel the booked program at any time or to offer a rebooking to another date, e.g. in the event of illness. In this case, the amount paid will be refunded immediately. A claim for further reimbursement of costs is excluded.

  • 11 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN 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 all disputes shall be Cologne.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Note: The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

As of 25.04.2023

Appendix: Sample withdrawal form

If you wish to withdraw from the 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 cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date(s)

__________

(*) Delete as appropriate