Terms and Conditions for the Purchase of the schloesserlandPASS
§ 1 Scope of Application
(1) These Terms and Conditions (T&C hereinafter) apply to the contracts on the purchase of the schloesserlandPASS, concluded between ourselves
Staatliche Schlösser, Burgen und Gärten Sachsen gemeinnützige GmbH
Managing Director: Dr. Christian Striefler
Dresden Local Court HRB 31354
Tax No. 203/145/03180
Phone +49 351 56391-1001
Fax +49 351 56391-1009
and you as our customer. The T&C apply regardless whether you are a consumer, entrepreneur or trader.
(2) Any agreements made between you and ourselves in connection with the purchase contract in particular result from these sales terms, our order confirmation and our declaration of acceptance.
(3) That version of our T&C applies that is valid at the time of concluding a contract.
(4) We do not accept any of the customer’s deviating terms. This shall also apply if we do not expressly waive their inclusion.
§ 2 Conclusion of a Contract
(1) The presentation of articles and their promotion on our website shall not constitute a binding offer for concluding a purchase contract, but rather an invitation to you to order the products described in our online shop.
(2) A contract shall be deemed concluded only as soon as we have accepted your order by our declaration of acceptance or by delivering the articles ordered.
(3) Should any supply with products ordered by you be impossible – as the respective goods are not in stock, for example – we will refrain from declaring acceptance. In such case, no contract shall have been concluded. We will immediately inform you of that.
(4) We will save the contractual wording and send out to you the order dates and our T&C per e-mail. The T&C can be viewed here at any time. Your order dates will not be accessible on the Internet anymore for security reasons.
(5) The only language available for concluding the contract is German.
§ 3 Right of Rescission
(1) If you are a consumer (i.e., a natural person placing an order for a purpose that is not part of your commercial or professional freelance occupation), you are entitled to exercise the right of rescission within the scope of legally applicable regulations.
(2) Should you make use of your right of rescission acc. to Clause 1, the regular cost of return postage shall be borne by you.
(3) Generally, those regulations shall apply to the right of rescission as they are set out in detail in the following
Instruction on the Right of Rescission
Right of Rescission
You are entitled to rescind this contract within two weeks without stating any reasons.
The term of rescission is two weeks from the day on which you or a third party in your behalf, who does not act as a forwarder, has taken possession of the goods – in the event of a contract on several items, from the day on which you or a third party in your behalf, who does not act as a forwarder, has taken possession of the last item of the goods.
For the purpose of exercising your right of rescission, you need to notify us,
Staatliche Schlösser, Burgen und Gärten Sachsen gemeinnützige GmbH
Stauffenbergallee 2a, 01099 Dresden
Telefon +49 351 56391-1001
Telefax +49 351 56391-1009
by way of a unanimous declaration (e.g., by posting a letter, by fax or e-mail) of your decision of rescinding that contract. For that purpose, you may want to use the attached master form for rescission, which, hoverer, is not prescribed. You may also download that master form for rescission from our website fill it in, and re-submit it there, or make any other clear declaration for that purpose. If you make use of such option, we will immediately send to you (e.g., by e-mail) confirmation of receipt of such rescission.
For observing the term of rescission, it is sufficient that the information on exercising the right of rescission is sent prior to the expiry of the term of rescission.
Consequences of Rescission
If you rescind a contract, we shall repay to you – immediately and within two weeks at the latest from the day on which we have received your rescission of that contract – all payments received from you, including costs for postage (except additional costs resulting from the fact should you have chosen a way of postage other than the most reasonable one suggested by us). For making such payment, we will use the same mode of payment as was used by you in the original transaction, unless expressly otherwise agreed with you; in no case shall any respective re-transaction fees be charged to you. We may hold back return payment as long as we have not received the goods back or until evidence is provided by you that you have returned the goods to us, whatever may apply sooner.
You shall return or hand back to us immediately and, in any case within two weeks at the latest, from the day when you notified us of your rescission of that contract. The term is deemed observed if you post the goods prior to the expiry of the term of two weeks.
The immediate cost of re-sending the goods shall be borne by you.
You shall be held liable for any deterioration in the value of the goods if such deterioration can be traced back to your inappropriate handling of the goods regarding their nature, features or functional mode.
End of the Instruction on the Right of Rescission
§ 4 Terms of Delivery
The term of delivery shall be 5-7 workdays, unless agreed otherwise. Such term shall commence upon the conclusion of the contract. We kindly ask our customers to understand that, due to longer despatch distances and various customs regulations for deliveries abroad, the terms of delivery cannot be defined precisely. Delivery is made to the address specified by the customer.
§ 5 Prices and Postage
(1) All prices shown in our online shop are gross prices, including statutory value added tax, and shall be understood excluding additional postage.
(2) The postage flatrate per order and regardless of the quantity ordered within the Federal Republic of Germany is EUR 4.00. For despatch by courier, the respective courier fees shall be charged. A flatrate of EUR 5.00 shall be charged for despatch outside Germany.
(3) If you rescind your contractual declaration in accordance with § 3, you may claim, within applicable statutory provisions, reimbursement of already paid costs for postage to you (cf. miscellaneous consequences of rescission § 3 para. 3).
§ 6 Terms of Payment
(1) Payment shall be made after receipt of the invoice within 14 days net.
(2) Should payment be defaulted by you, you will receive a reminder from us. It shall carry a charge of EUR 5.00 charged to you, unless you submit proof that the reminding fee has not at all or not accrued to such amount.
§ 7 Reservation of Title
The goods shall remain property of Staatliche Schlösser, Burgen und Gärten Sachsen gemeinnützige GmbH until they have fully been paid for.
§ 8 Warranty
The statutory provisions for warranty shall apply. In the event of claiming warranty, please contact the address as set out under § 1.
§ 9 Liability
The SBG is liable pursuant to statutory provisions regarding any damage resulting from injury to life, body and health caused by the SBG, its representatives or vicarious agents having violated their duties.The SBG shall further be held liable within the scope of statutory provisions for any other damage that can be traced back to SBG’s or its legal representatives’ or vicarious agents’ intentional and grossly negligent violation of their duties.Unless regulated otherwise, the SBG shall be held liable in other cases only in the event of a contractual duty whose fulfilment would enable proper performance under that contract at all and whose observance the purchaser may regularly trust upon (the so-called ‘cardinal obligation’), and limited to making good for the damage that was foreseeable and typical for such contract. Further liability towards the SBG cannot be claimed.
§ 10 Data Protection Note
We collect, process and use your personal data, especially your contact data, including your e-mail address, for example, when you reveal it to us. For checking the credit standing, we may use information (e.g., a so-called score value) from external service providers. Such information also includes information on your address.
§ 11 Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany shall apply to the contract and these Terms and Conditions. The application of the UN sales law shall be precluded.
§ 12 Severability
Should one or more provisions in these Terms and Conditions be wholly or partially ineffective or lose their legal force, the effectiveness of the other Terms and Conditions shall not be affected thereby.