table of contents
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Liability for defects (warranty)
Alternative dispute resolution
1.1 These general terms and conditions (hereinafter “GTC”) of the organizer Dragan Vasiljevic, acting under “Boommedia Dragan Vasiljevic” (hereinafter “seller”), apply to all contracts for the delivery of tickets that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the tickets displayed by the seller in his online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 These terms and conditions only regulate the sale of tickets for certain events specified in the seller’s item description and not the implementation of these events. For the implementation of the events, the legal provisions in the relationship between the customer and the organizer as well as any deviating conditions of the organizer apply. If the seller is not also the organizer, he is not liable for the proper implementation of the event, for which the respective organizer is solely responsible.
2) Conclusion of the contract
2.1 The item descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected tickets in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the tickets in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone.
2.3 The 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 email), whereby the customer’s receipt of the order confirmation is decisive, or
– by delivering the ordered tickets to the customer, whereby the receipt of the tickets by the customer is decisive, or
– by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place.
2.5 Before the binding submission of the order via the seller’s online order form, the customer can identify 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, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the
sent emails can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller’s cancellation policy.
3.3 In accordance with Section 312g (2) No. 9 BGB, there is no right of withdrawal, unless otherwise agreed, not in the case of contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. According to this, a right of withdrawal is also excluded for contracts that involve the sale of tickets for time-bound leisure events.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s item description, the prices given are total prices that include statutory sales tax.
4.2 The payment option (s) will be communicated to the customer in the seller’s online shop.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and shipping conditions
5.1 Tickets are given to the customer as follows:
– by email
– by post
5.2 In the case of delivery by post, the following provisions apply:
5.2.1 Delivery takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive. Any additional delivery and shipping costs are indicated separately in the respective item description.
5.2.2 If the transport company sends the tickets back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the service a reasonable time in advance.
5.2.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the tickets sold is transferred to the customer as soon as the seller has delivered the tickets to the carrier, the carrier or the person or institution otherwise assigned to carry out the shipment . If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the tickets sold is generally only transferred when the tickets are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the tickets sold, even in the case of consumers, is already transferred to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.2.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the tickets. In the event of unavailability or only partial availability of the tickets, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.3 In the case of self-collection, the customer can, after prior agreement with the seller, submit the electronically transmitted purchase confirmation from the seller and a valid official photo (ID card or passport) on the day of the event at the venue at the box office.
6) Redeeming tickets
6.1 The ticket can only be redeemed once and only on the date specified on the ticket at the venue specified on the ticket.
6.2 The ticket is only intended for use by the person named on it. A transfer of the ticket to third parties is excluded. If the seller is also the organizer, he is entitled, but not obliged, to check the material entitlement of the respective ticket holder.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects apply.
8) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board