General Terms and Conditions
1.1. These terms of business apply to contracts concluded for the sale of entry tickets, catalogues and calendars between Messe Friedrichshafen GmbH (hereinafter known as MFN) and the purchaser of entry tickets, catalogues and calendars (hereinafter known as the Customer). They apply exclusively to contracts concluded using the internet portal (domain name).
1.2. The Customer in the sense of these terms of business includes both consumers and companies.
1.3. Different, contradictory or supplementary general terms of business, even if we are aware of them, shall not become part of the contract unless we have expressly agreed to their being valid in writing.
2. Contract conclusion
The Customer shall issue a binding offer by sending a purchase order. The contract shall come to exist if MFN arranges to receive the amount (if payment is made by direct debit or credit card). The Customer shall waive its right to receive an acceptance.
3. Contract fulfilment by the Customer
The prices of entry tickets, catalogues and calendars are shown on the order form or website. The costs of delivery and shipment shall be charged separately if they are shown separately on the order form or website. The prices specified on the order form at the time that the order is placed shall be valid. The purchase price shall be payable immediately after the contract has been concluded. The Customer shall pay the amount specified in its purchase order by direct debit or credit card. MFN shall accept the credit cards shown on the order form and website. Fulfilment in both cases shall not occur until the amount has been credited to MFN?s account.
4. Contract fulfilment by MFN
MFN shall send the ordered goods to the address specified by the Customer immediately after the receipt of the payment using a forwarding contractor of its choice. The duty of MFN to deliver the goods shall come into force when payment has been transferred to MFN.
5. Transfer of risk
5.1. For consumers the risk of accidental loss and accidental deterioration of the sold goods, including when sold to destination on the consumer?s instructions, shall be transferred to the consumer when the goods are handed over.
5.2. For companies the risk of accidental loss and accidental deterioration of the sold goods, when sold to destination on the company?s instructions, shall be transferred to the company when the goods are handed over to the forwarder, freight driver or other person or organisation nominated to deliver the goods.
5.3. The handover of the goods shall be deemed to have taken place if the Customer is in default with its acceptance of them.
6. Right to cancel
6.1. The consumer shall be entitled to cancel his declaration of intent to conclude the contract within two weeks of receiving the goods. No reasons must be given for this cancellation and it is to be made in written form or by returning the goods to us; prompt dispatch of the goods shall suffice to meet the deadline.
6.2. The right to cancel shall not apply if the goods are sent in file form by electronic means. In addition the right to cancel shall not apply to the delivery of goods in accordance with customer specifications, nor to audio or video recordings or software if the seal on the data media has been broken by the consumer.
6.3. If he exercises his right to cancel, the consumer shall be obliged to return the goods if they can be shipped in the form of a parcel. If the value of the order was up to ? 40 the consumer shall pay the costs of returning the goods if he exercises his right to cancel, unless the goods supplied were not the goods that he ordered. If the value of the order was over ? 40, the consumer shall not have to pay the costs of returning the goods.
6.4. The consumer must pay compensation for any deterioration suffered by the goods due to their being used for the purpose for which they were designed. The consumer may inspect the goods carefully and cautiously as would be possible in a shop. The loss of value caused by the goods being used over and above a pure inspection must be paid by the consumer in the event of a cancellation since the goods can then no longer be sold as "new".
6.5. A cancellation is not possible for entry tickets.
7. Limitations of liability
7.1. In the event of a negligent breach of duty our liability and that of our representatives shall be limited to the foreseeable, direct average damage typical for this sort of contract.
7.2. In the event of a mildly negligent breach of duty relating to a minor contract duty whose breach does not endanger the execution of the contract, we and our representatives shall not accept any liability.
7.3. The above limitations of liability shall not apply to claims by the Customer based on product liability or the warranty. In addition the limitations of liability shall not apply in the event that the Customer suffers physical injury or health damage or loss of life due to circumstances attributable to us.
8. Data protection
8.1. Our "Data protection information" provides our customers with information about the following:
- The type, duration and purpose of the collection, processing and use of the personal data required for the completion of purchase orders and billing;
- Their right to withdraw permission to create and use their anonymous user profile for the purposes of advertising, market research and for us to design our product range to suit their needs;
- The forwarding of data to companies commissioned by us and subject to the statutory data protection regulations for the purposes and for the duration of a credit check and for shipping the goods;
- The right to free information about their personal data stored by us;
- The right to view, delete and block their personal data stored by us.
8.2. The collection, processing and use of personal data for marketing purposes shall require the consent of the Customer. The Customer shall have an opportunity to issue this consent before placing the order. The customer shall be entitled to withdraw this consent at any time with effect for the future (see "Consent under data protection law").
9. Concluding provisions
9.1. The laws of the Federal Republic of Germany shall apply. This choice of law shall apply to consumers who are not concluding the contract for professional or commercial purposes only in as much as the protection provided by mandatory provisions in the laws of the country in which the consumer is normally resident are not withdrawn as a result. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not be applicable.
9.2. If the Customer is a businessman, legal entity under public law or a special fund under law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the location of our registered office. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or its place of residence or normal place of abode is unknown at the time when the lawsuit is lodged.
9.3. If individual provisions of the contract with the Customer, including these general terms of business, are or become wholly or partly invalid, this shall not affect the validity of the other provisions. The wholly or partly invalid provision shall be replaced by a provision whose commercial aim is as close as possible to the invalid one.