General Terms and Con­di­tions and Cus­tomer Infor­mation

General Terms and Con­di­tions and Cus­tomer Infor­mation

I. General Terms and Con­di­tions

§ 1 Basic Pro­vi­sions

(1) The fol­lowing terms and con­di­tions apply to con­tracts (ser­vices and products/goods) that you con­clude with us as the pro­vider (City­Games GmbH | Adam Hellmann) via the website spritztour.de. Unless otherwise agreed, the inclusion of any of your own terms and con­di­tions is hereby rejected.

(2) A con­sumer within the meaning of the fol­lowing pro­vi­sions is any natural person who con­cludes a legal tran­saction for pur­poses that are pre­do­mi­nantly neither attri­bu­table to their com­mercial nor their self-employed pro­fes­sional activity. An entre­preneur is any natural or legal person or a legal part­nership with legal capacity who, when con­cluding a legal tran­saction, acts in the exercise of their inde­pendent pro­fes­sional or com­mercial activity.

Section 2 For­mation of the Con­tract

(1) The subject of the con­tract is the sale of ser­vices and products/goods.

(2) By listing the respective service/product on our website, we already make a binding offer to con­clude a con­tract under the con­di­tions spe­cified in the item description.

(3) The con­tract is con­cluded via the online shopping cart system as follows: The services/goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time via the cor­re­sponding button in the navi­gation bar and make changes there. After accessing the “checkout” page and entering per­sonal data as well as payment and shipping con­di­tions, all order details are dis­played again on the order overview page. If you choose an instant payment system (e.g. PayPal) as the payment method, you will first be directed to the order overview page in our online shop or then redi­rected to the website of the pro­vider of the instant payment system to confirm the purchase there. Finally, you will be redi­rected back to our online shop to the order overview page.
By sub­mitting the order via the “order with obli­gation to pay” button, you declare legally binding accep­tance of the offer, whereby the con­tract is con­cluded.

(4) Your request for the pre­pa­ration of an offer is non-binding. We will provide you with a binding offer in text form (e.g. by email), which you can accept within the spe­cified period.

(5) The pro­cessing of the order and the trans­mission of all infor­mation required in con­nection with the con­clusion of the con­tract are carried out by email, partly in an auto­mated manner. You must the­r­efore ensure that the email address you have pro­vided to us is correct, that receipt of emails is tech­ni­cally ensured, and in par­ti­cular that it is not pre­vented by spam filters.

(6) Rebooking and can­cel­lation:

(6.1) Rebooking of “Live im Lokal” tickets and live tastings to another pre­ferred date: a flat pro­cessing fee of €25 applies.

(6.2) Can­cel­lation of “Live im Lokal” tickets and vou­chers: exclusion of with­drawal and return rights.

(6.3) Can­cel­lation of beer web­inars and live tastings: exclusion of with­drawal and return rights.

(6.4) Con­di­tions for indi­vi­dually cus­to­mized tastings:

(6.4.1) Changes to boo­kings / adding indi­vidual par­ti­ci­pants as well as extras/specials: changes to boo­kings are free of charge up to 14 days before the event; from 14 days before the event and for each addi­tional change, a flat pro­cessing fee of €15 applies; can­cel­lation of indi­vidual par­ti­ci­pants is only pos­sible up to 24 hours before the event; com­plete rebooking of the tasting to another pre­ferred date costs a flat fee of €50; all changes must be made by email.

(6.4.2) Can­cel­lation of the booking: must be made by email; up to 4 weeks before the event, a can­cel­lation fee of €100 applies; from 4 weeks before the event, a can­cel­lation fee of 50% of the total invoice amount applies; from 48 hours before the event, a can­cel­lation fee of 75% of the total invoice amount applies.

(7) Can­cel­la­tions and changes on our part: Occa­sio­nally, it may be necessary for us to correct certain details, errors, or changes. In this context, it may happen that we need to cancel or amend already con­firmed tickets. We reserve the right to do so in such cases.

Section 3 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it con­cerns claims arising from the same con­tractual rela­ti­onship.

(2) The goods remain our pro­perty until full payment of the purchase price has been made.

§ 4 War­ranty and Gua­rantees

(1) The sta­tutory lia­bility for defects applies.

(2) In the case of the purchase of used goods by con­sumers, the fol­lowing applies: if a defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods may be asserted within the sta­tutory limi­tation period of two years from delivery of the goods. For entre­pre­neurs, the limi­tation period for defect claims for newly manu­fac­tured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any war­ranty. The sta­tutory limi­tation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaf­fected.
With respect to entre­pre­neurs, only our own state­ments and the manufacturer’s product descrip­tions that have been incor­po­rated into the con­tract shall be deemed agreed as the quality of the goods; we assume no lia­bility for public state­ments made by the manu­fac­turer or other adver­tising claims. If the deli­vered item is defective, we shall provide war­ranty to entre­pre­neurs at our dis­cretion either by reme­dying the defect (repair) or by deli­vering a defect-free item (repla­cement delivery).
The above limi­ta­tions and reduc­tions of limi­tation periods do not apply to claims for damages caused by us, our legal repre­sen­ta­tives, or agents:
In the event of injury to life, body, or health.
In the event of inten­tional or grossly negligent breach of duty, as well as frau­dulent intent.
In the event of breach of essential con­tractual obli­ga­tions, the ful­fillment of which is necessary for the proper exe­cution of the con­tract and on whose com­pliance the con­tractual partner may regu­larly rely (car­dinal obli­ga­tions).
Within the scope of a gua­rantee, if agreed.
Insofar as the scope of appli­cation of the Product Lia­bility Act is opened.
Infor­mation on any addi­tional gua­rantees that may apply and their exact con­di­tions can be found with the respective product and on spe­cific infor­mation pages in the online shop.

(3) As a con­sumer, you are requested to check the goods imme­diately upon delivery for com­ple­teness, obvious defects, and transport damage, and to notify us and the carrier of any com­plaints as quickly as pos­sible. Failure to do so shall have no effect on your sta­tutory war­ranty claims.

§ 5 Choice of Law, Place of Per­for­mance, Juris­diction

(1) German law shall apply. In the case of con­sumers, this choice of law shall apply only insofar as it does not deprive the con­sumer of the pro­tection afforded by man­datory pro­vi­sions of the law of the country of their habitual resi­dence (prin­ciple of favora­bility).

(2) The place of per­for­mance for all ser­vices arising from the business rela­ti­onships with us, as well as the place of juris­diction, is our regis­tered office, pro­vided that you are not a con­sumer but a mer­chant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of juris­diction in Germany or the EU, or if your place of resi­dence or habitual resi­dence is unknown at the time the action is filed. The right to also bring pro­cee­dings before a court at another sta­tutory place of juris­diction remains unaf­fected.

§ 6 Youth Pro­tection

(1) When selling goods that are subject to the pro­vi­sions of the Youth Pro­tection Act, we only enter into con­tractual rela­ti­onships with cus­tomers who have reached the legally required minimum age. Existing age rest­ric­tions are indi­cated in the respective product description.

(2) By sub­mitting your order, you confirm that you have reached the legally required minimum age and that the infor­mation you have pro­vided regarding your name and address is correct. You are obliged to ensure that only you or persons aut­ho­rized by you to receive the delivery, who have reached the legally required minimum age, take receipt of the goods.

(3) Where we are required by law to carry out an age veri­fi­cation, we ins­truct the logi­stics service pro­vider respon­sible for delivery to hand over the goods only to persons who have reached the legally required minimum age and, in case of doubt, to request iden­ti­fi­cation from the person receiving the goods for age veri­fi­cation.

(4) If, in the respective product description, we indicate that you must be at least 18 years old to purchase the goods, not­wi­th­standing the sta­tutory minimum age, the above para­graphs (1)–(3) shall apply with the proviso that legal majority is required instead of the sta­tutory minimum age.

§ 7 Third-Party Service Pro­viders

Service pro­viders or service com­panies are com­panies in the ter­tiary sector and have a form of ope­ration through which one or more ser­vices are pro­vided. Con­tractual devia­tions and changes between SpritzTour and the third-party service pro­vider must be agreed in writing in a con­tract spe­cific to the order. A sub­se­quent uni­la­teral amendment of the GTC con­sti­tutes an inad­mis­sible con­tractual change and is void. Con­tractual changes as well as changes to the GTC can only be made with the written consent of Bier-Events.

II. Cus­tomer Infor­mation

1. Identity of the Seller

Beschwer­de­stelle des Unter­nehmens:
info@citygames.de

Alter­native Dispute Reso­lution:
The European Com­mission pro­vides a platform for out-of-court online dispute reso­lution (ODR platform), acces­sible at https://ec.europa.eu/odr.

2. Infor­mation on the For­mation of the Con­tract

The tech­nical steps leading to the con­clusion of the con­tract, the con­clusion of the con­tract itself, and the options for cor­rection are governed by the pro­vi­sions “For­mation of the Con­tract” in our General Terms and Con­di­tions (Part I.).

3. Con­tract Lan­guage, Storage of Con­tract Text

3.1. The con­tract lan­guage is German.

3.2. The com­plete con­tract text is not stored by us. Before sub­mitting the order via the online shopping cart system, the con­tract data can be printed using the brow­ser’s print function or saved elec­tro­ni­cally. After receipt of your order, the order data will be sent to you again by email.

3.3. For quote requests made outside the online shopping cart system, you will receive all con­tract data as part of a binding offer in text form, e.g. by email, which you can print out or save elec­tro­ni­cally.

4. Essential Cha­rac­te­ristics of the Goods or Service

The essential cha­rac­te­ristics of the goods or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price com­ponents including all appli­cable taxes.

5.2. The appli­cable shipping costs are not included in the purchase price. They can be accessed via a cor­re­spon­dingly labelled button on our website or in the respective offer, will be shown sepa­rately during the ordering process, and are to be borne by you in addition, unless free shipping has been pro­mised.

5.3. We only deliver within Germany.

5.4. The payment methods available to you are indi­cated via a cor­re­spon­dingly labelled button on our website or in the respective offer.

5.5. Unless otherwise spe­cified for indi­vidual payment methods, payment claims arising from the con­cluded con­tract are due imme­diately.

6. Delivery Terms

6.1. The delivery terms and any existing delivery rest­ric­tions can be found via a cor­re­spon­dingly labelled button on our website or in the respective offer.

6.2. If you are a con­sumer, it is sti­pu­lated by law that the risk of acci­dental loss and acci­dental dete­rio­ration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have inde­pendently com­mis­sioned a transport company not desi­gnated by the seller or another person desi­gnated to carry out the shipment.

7. Sta­tutory Lia­bility for Defects

Lia­bility for defects is governed by the “War­ranty” pro­vision in our General Terms and Con­di­tions (Part I).