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Terms and conditions

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General Terms and Conditions of Business (Terms)

1.    Area of Application, Subject of Contract, Definitions

a)    The following General Terms and Conditions of Business (the ‘Terms’) in the version valid at the time of placing the order apply exclusively for the business relationship between Tanztheater Wuppertal Pina Bausch GmbH, Kurt-Drees-Str. 4, 42283 Wuppertal, (the ‘Supplier‘) and the customer (also referred to as the ‘Purchaser’).
b)    These Terms apply exclusively for the purchase of goods on the website www.tanztheater-wuppertal-shop.de (the ‘Website’).  
c)    Customers are consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who enter into the respective legal transaction for a purpose which predominantly cannot be attributed to either their commercial or their freelance professional activities. Otherwise the customer is deemed to be an entrepreneur pursuant to Section 14 BGB.

2.    Contract Conclusion and Ordering Process

a)    The representation of the products on the Website shall not constitute a legally-binding offer. Rather, it represents an invitation to place an order. All offerings are valid “as long as stocks last” except as otherwise indicated in the product details, and subject to possible errors.
b)    The customer may select products from the Supplier’s range of goods and place them together in a so-called order-system shopping basket by clicking on the ‘Place in Shopping Basket’ button. By clicking the ‘Buy’ (or ‘Buy Now’) button, the customer places a binding application for the purchase of the products in the Shopping Basket. The customer may review and amend the data at any time before finally sending the order.
c)    The Supplier will then send the customer an automatic confirmation of receipt by e-mail, in which the details of the customer’s order are again set out and which the customer may print out using the ‘Print’ (the ‘Order Confirmation’). The confirmation of receipt simply documents the fact that the customer’s order has been received by the Supplier and does not constitute an acceptance of the application. Nor does any sending of bank account details by e-mail for the purpose of advance payment constitute a declaration of acceptance. The purchase contract only comes into being when the Supplier dispatches the ordered product to the customer and confirms dispatch to the customer in a second e-mail (the ‘Confirmation of Dispatch’) or when the Supplier sends the customer confirmation of payment in advance (Payment status: ‘Paid’).

3.    Reservation of Ownership

The goods supplied remain the property of the Supplier until payment has been made in full.

4.    Prices, Shipping Costs

a)    All prices stated by the Supplier on the Website are inclusive of VAT at the applicable statutory rate.
b)    Shipping costs are payable by the customer. The customer will be informed of the amount of the shipping costs during the ordering process.

5.    Payment Methods

a)    Payment may be made by any of the payment methods stated on the Website.
b)    Payment of the purchase price is due 14 days after receipt of the invoice. If payment is determined by the calendar, then the customer will be in default simply by missing the payment date. If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.

6.    Material Defect Warranty, Guarantee

a)    Statutory provisions apply with regard to defects.
b)    A Supplier’s guarantee exists for the goods supplied by the Supplier only if it has been explicitly given in the Order Confirmation for the article in question.

7.    Liability

Statutory provisions apply with regard to liability.

8.    Data Privacy

a)    The Supplier processes personal data of the customer for a specific purpose and in accordance with statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address and payment information) is used by the Supplier to fulfil and process the contract. This data is treated as confidential and not passed to third parties who are not involved in the process of ordering, shipping and payment.
b)    The customer has the right to information free of charge upon request regarding his or her personal data stored by the Supplier. The customer also has the right for incorrect data to be corrected and for his or her personal data to be blocked or deleted unless a statutory duty exists to keep it.

9.    Final Provisions (Governing Law, Contract Language, Venue of Jurisdiction)

a)    Contracts between the Supplier and the customer are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods, unless mandatory regulations state otherwise.
b)    The contract language is German, unless mandatory regulations state otherwise.
c)    The Supplier will store the text of the contract and send the customer the order details by e-mail. The customer may review these Terms at any time on the Supplier’s sales portal on the Website and download them from there.
d)    If the customer is a merchant (Kaufmann), a legal entity incorporated under public law or a special fund under public law, the court district where the Supplier has its registered office is the venue of jurisdiction for any and all disputes arising from contractual relationships between the customer and the Supplier.

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