General Terms and Conditions and Privacy Policy
General terms and conditions of business, payment and delivery of Mindreaper GbR in electronic business transactions, as well as in distance selling contracts.
§ 1 Scope of application
The following General Terms and Conditions of Business apply to business relations with the customer in the version valid at the time of the order.
Purchasers within the meaning of these General Terms and Conditions are:
a) consumers; natural persons who cannot be attributed to a commercial, self-employed or freelance activity or
b) Entrepreneurs; natural or legal persons or partnerships with legal capacity who act in the exercise of a commercial, self-employed or freelance activity.
Verbal agreements, collateral agreements, deviations/modifications of these terms and conditions and assurances require the express written confirmation by Mindreaper GbR to be effective.
In deviation from these General Terms and Conditions, ticket brokerage is governed by § 9 below.
§ 2 Conclusion of contract
The contract is concluded by the order of a binding offer of Mindreaper GbR, regardless of the medium used by the customer, i.e. in writing, orally, by telephone or by data transmission.
§ 3 Prices, price changes
The prices for the respective customer result from the price agreement made with the customer in the individual contract. If such an agreement does not exist or cannot be proven by the customer, the current online shop prices shall apply.
We reserve the right to make price changes.
In the case of contracts already concluded, a change in the agreed price is excluded.
§ 4 Delivery, shipping costs, transfer of risk, ability to deliver
Delivery shall be made at the shipping costs stated in the offer.
If the customer is a consumer within the meaning of these General Terms and Conditions, we shall bear the shipping risk in any case, irrespective of the shipping method.
If the customer is an entrepreneur, all risks and dangers of the shipment shall pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
Delivery shall only be made while stocks last. The availability of all products is reserved.
§ 5 Terms of payment
We always deliver against advance payment. Payment shall only be deemed to have been effected upon encashment and irrevocable crediting to our account. Payments in stamps, cash or by cheque are not accepted.
§ 6 Cancellation policy
The following right of revocation applies exclusively to consumers within the meaning of § 1 a) of these General Terms and Conditions:
The consumer may revoke his contractual declaration within two weeks without stating reasons in text form (e.g. letter or e-mail) or by returning the item. The period begins at the earliest on the date on which this instruction is communicated in text form, but not before the date of receipt of the delivery of goods by the consumer. When calculating the period, the day on which the revocation instruction was communicated in text form or the day of receipt of the delivery of goods by the consumer shall not be included.
The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation is to be sent to:
Mindreaper GbR
c/o Sebastian Rehbein
Carlowitzstraße 3, 55252 Mainz-Kastel, Germany
Phone: +49 (0) 152 - 53473438
E-mail: info@mindreaper.de
Please return the goods to the returns department:
Mindreaper GbR
c/o Sebastian Rehbein
Carlowitzstrasse 3, 55252 Mainz-Kastel
Phone: +49 (0) 152 - 53473438
E-mail: info@mindreaper.de
In accordance with the provision of § 312d para. 4 BGB (German Civil Code), the right of withdrawal does not apply, among other things, to contracts for the delivery of goods that have been manufactured according to customer specifications or are clearly tailored to the personal needs of the consumer, audio and/or video recordings, software and other recorded data carriers (e.g. video or music cassettes, PC software, DVDs, CDs, CD-ROMS, HD-DVDs, BluRay discs, tele/LCD games) if these have been unsealed by the consumer.
In the event of an effective revocation, the mutually received services shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the consumer cannot return the received performance in whole or in part or can only return it in a deteriorated condition, he/she may have to pay compensation to this extent. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as it would have been possible in a shop, for example. Furthermore, the consumer can avoid the obligation to pay compensation by not using the goods as an owner and by refraining from doing anything that could impair their value.
The customer shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for the customer.
§ 7 Warranty
For consumers within the meaning of § 1 a) of these General Terms and Conditions:
The warranty claims of the customer are initially limited to the right to rectification or replacement, whereby the consumer's choice can be rejected by Mindreaper GbR if it is only possible at disproportionate cost. The entrepreneur is not entitled to this right of choice. The subsequent improvement is deemed to have failed with the unsuccessful second attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. If the subsequent performance has failed or if Mindreaper GbR has refused subsequent performance or has not responded to a reasonable deadline set by the customer, the customer is entitled to reduce the remuneration or to withdraw from the contract.
Claims for damages remain unaffected.
Operating errors, damage due to improper use, connection or installation as well as storage or due to intervention by third parties are not subject to the warranty.
For entrepreneurs within the meaning of § 1 b) of these General Terms and Conditions:
Defects must be reported in writing immediately after receipt of the goods. Complaints are no longer admissible if it is no longer possible for the seller to inspect the goods complained about or if an immediate written notification of defects has not been made.
In the event of a warranty claim, we shall, at our discretion, rectify the defect, make a replacement delivery or issue a credit note. Should a rectification or replacement delivery fail, the customer may, at his discretion, demand cancellation of the contract or a reduction in the purchase price.
Further claims of the customer, in particular claims for damages, are excluded unless we or our vicarious agents have caused the damage intentionally or by gross negligence.
In the event of a negligent breach of a material contractual obligation, our liability shall be limited to the foreseeable damage.
Technical, customary and minor deviations in dimensions, weight, material and colour of the goods shall not be grounds for complaint.
The assertion of complaints does not entitle the buyer to refuse payment and does not release the buyer from the acceptance and proper storage obligation.
For end customers, the limitation period for new goods is 1 year.
§ 8 Retention of title
The delivered goods remain the property of Mindreaper GbR until full payment of the purchase price.
Exception: cancellation of the event or rescheduling of the event date. Insofar as Mindreaper GbR offers services from the area of leisure events on behalf of the event organisers, in particular tickets for events, there is no distance contract in accordance with § 312b BGB. This means that a two-week revocation period is excluded. Each order for tickets is therefore binding immediately after confirmation by Mindreaper GbR on behalf of the organiser and obliges the customer to accept and pay for the tickets ordered.
No liability is accepted for circumstances that cannot be attributed to Mindreaper GbR. In particular, it is the sole responsibility of the customer to inform himself/herself personally about the time and place of the event or any cancellations or postponements. In particular, liability is excluded for influences due to force majeure or reasons lying in the person of the artist or organiser or comparable events. Programme and cast changes are not intended, but are reserved and do not entitle the holder to return tickets. No liability or guarantee is assumed for the performances named by the respective organiser. The respective terms and conditions of the organiser shall apply.
§ 10 Data protection notice
It is pointed out that customer data will be stored in accordance with the BDSG and that by placing an order the customer gives his consent to the storage, processing and use of personal data in accordance with the BDSG.
§ 11 Place of performance, place of jurisdiction
Wiesbaden is agreed as the place of performance.
The contractual relationship between us and the customer as well as the respective terms and conditions shall be governed by the law of the Federal Republic of Germany. If the customer is a consumer, the applicable statutory regulations and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The exclusive place of jurisdiction is the court of our registered office insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation.
§ 12 Severability clause
If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness at a later date, the validity of the rest of the contract shall not be affected.
§ 9 Ticket brokerage
Mindreaper GbR acts as an agent for tickets in the name and on behalf of the respective organiser. Thus, a business relationship is established exclusively between the organiser and the respective orderer. The order can be placed in writing, verbally, by telephone or by data transmission. In all cases, the orderer accepts the General Terms and Conditions with his order.
The invoiced price is based on the ticket value plus an advance booking fee. The ticket price printed on the ticket and the invoice amount may differ accordingly.
The return of paid tickets is generally excluded.
Exception: cancellation of the event or rescheduling of the event date. Insofar as Mindreaper GbR offers services from the area of leisure events on behalf of the event organisers, in particular tickets for events, there is no distance contract in accordance with § 312b BGB. This means that a two-week revocation period is excluded. Each order for tickets is therefore binding immediately after confirmation by Mindreaper GbR on behalf of the organiser and obliges the customer to accept and pay for the tickets ordered.
No liability is accepted for circumstances that cannot be attributed to Mindreaper GbR. In particular, it is the sole responsibility of the customer to inform himself/herself personally about the time and place of the event or any cancellations or postponements. In particular, liability is excluded for influences due to force majeure or reasons lying in the person of the artist or organiser or comparable events. Programme and cast changes are not intended, but are reserved and do not entitle the holder to return tickets. No liability or guarantee is assumed for the performances named by the respective organiser. The respective terms and conditions of the organiser shall apply.
§ 10 Data protection notice
It is pointed out that customer data will be stored in accordance with the BDSG and that by placing an order the customer gives his consent to the storage, processing and use of personal data in accordance with the BDSG.
§ 11 Place of performance, place of jurisdiction
Wiesbaden is agreed as the place of performance.
The contractual relationship between us and the customer as well as the respective terms and conditions shall be governed by the law of the Federal Republic of Germany. If the customer is a consumer, the applicable statutory regulations and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The exclusive place of jurisdiction is the court of our registered office insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation.
§ 12 Severability clause
If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness at a later date, the validity of the rest of the contract shall not be affected.