terms and conditions

General Terms and Conditions (GTC)

The following General Terms and Conditions ("GTC") govern the legal relationship between you and us. The applicable version is the version in force at the time of conclusion of the agreement

§ 1 General

(1) Neuland Concerts GmbH ("NEULAND") offers tickets for events (the "Tickets") for sale on its website www.neuland-concerts.com (the "Website“) . These Tickets are low-value bearer instruments (Section 807 of the German Civil Code [BGB]), which give the bearer the right to take part in the respective event concerned. The promoter is the exclusive debtor for the securitized right and issuer of Tickets. It is hereby made clear that NEULAND is neither the issuer of the Tickets nor the promoter of the event concerned, unless specifically stated otherwise on the Ticket. A contractual relationship concerning attendance of the event itself is established exclusively between you (the "Customer“) and the promoter. The promoters own terms and conditions of business may possibly apply to these legal relationships .

To the extent that NEULAND is not expressly named on the Ticket as the promoter, NEULAND only arranges the event contract in the name and on behalf of the promoter. NEULAND in particular accepts no liability for ensuring that the event is actually held or takes places at the initially stated place or time. The purchase agreement concluded with NEULAND therefore only obliges NEULAND to hand over the ordered concert tickets in return to payment of the purchase price.

By ordering Tickets, you engage NEULAND to process the sales of tickets, including shipping, via the Website.

(2) Consumers in the sense of these GTCs are natural persons with whom business relations are entered into for purposes that cannot be considered to be part of their trade, business or profession. Entrepreneurs in the sense of these GTCs are natural or legal persons or partnerships with legal personality with whom business relations are entered into and who or which are acting in exercise of his or its trade, business or profession. Customers in the sense of these Terms and Conditions are both consumers and entrepreneurs.
(3) Derogating, contradictory or supplementing GTCs – even when known – do not form part of this agreement, unless they are expressly agreed to be applicable in writing.

§ 2 Conclusion of agreement and methods of payment

(1) Our offers are non-binding. We reserve the right to make any technical or other changes that may be deemed reasonable.

(2) By placing an order, you make a binding offer to purchase Tickets. We will confirm receipt of your order immediately. Confirmation of receipt does not yet constitute any binding acceptance of the order. Confirmation of receipt cannot be taken as a declaration of acceptance.

Receipt of the declaration of acceptance establishes an agreement to purchase the ordered Tickets.

(3) We are entitled to refuse to accept or revoke acceptance of the order (unilateral right of withdrawal) – for instance after checking of the customers creditworthiness – or in the event of infringement of specific conditions set out by the respective promoter or by us upon the purchase of tickets/relating to the event, to which reference is made in advance ticket sales, or in the event of any attempt to circumvent such conditions (e.g. by the registration and use of several customer profiles). The declaration of revocation can also be made conclusively by you being credited for the amount paid. We are entitled to restrict to the order to a quantity usual for a single household.
By way of example, we also specify the following further conditions that are to be met: Commercial resale of Tickets is not permitted. The Tickets may not be privately disposed of for a higher price than the Ticket price printed on the Ticket plus other justified fees charged upon acquisition of the Ticket. Sale of Tickets in areas for access and entrance to the venue is forbidden in principle and is only permitted with the express consent of the promoter.

(4) The agreement is concluded subject to the condition that tickets may not or may only be partially supplied in the event that there is not a sufficient quantity of tickets to meet ones own needs correctly or properly. In the event of unavailability or only partial availability of the goods or services to be provided, you shall be informed immediately. You shall receive an immediate refund in consideration of the goods or services not provided.

(5) Prices may exceed the Ticket prices printed on the Ticket. Payment may be made by various means of payment. The price includes Value-Added Tax (VAT) at the legally applicable rate. The total price for the order incl. all fees shall be due upon conclusion of the agreement. The exception to this rule is in the event of payment "by wire transfer" (advance payment), in which case an amount sufficient to cover the total price in full is to be transferred to the account of our appointed and authorized commercial representative, wlec white label eCommerce GmbH, by the date specified.

(6) For orders placed via the Website, service and shipping costs shall be charged. These fees shall be shown in your shopping basket at the time of placing your order. No further costs other than those shown shall be incurred.

§ 3 Regulations concerning vouchers

After purchasing a voucher via our Website, you will receive a voucher file with the relevant voucher code. Purchased vouchers can only be redeemed via our Website. Only one voucher may be redeemed per order.
If the value of the order is less than the value of the voucher, the remaining amount shall continue to be stored for the voucher code.
Vouchers may only be redeemed prior to completion of the order process. Vouchers cannot be applied to an order retroactively. Gift vouchers are non-exchangeable and non-returnable. It is not under usual circumstances possible to pay out value of the voucher in cash.
The voucher may be transferred by you to a third party. In this case, you undertake not to make any further use of the voucher code or to disclose it to third parties.
The standard limitation period of three years applies for gift vouchers (cf. Section 195 of the German Civil Code [BGB]). The limitation period commences at the end of the year in which the agreement was concluded.

§ 4 Retention of title

In the case of consumers, we retain title to the goods until the purchase price has been paid in full. In the case of entrepreneurs, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.

§ 5 Delivery

Tickets will be delivered to you after receipt of payment in full. The Tickets shall be sent by post (except for the delivery method Print@Home). We shall not be liable for loss or late delivery. (Undercover)

§ 6 Right of withdrawal

The sale of Tickets for a concert, musical, theatre, sports or other leisure event shall be understood not to constitute a distance contract in the sense of Section 312 g Subsection 2 No. 9 of the German Civil Code [BGB]. This means that Tickets are non-exchangeable and non-returnable. Every order of Tickets is thereby binding immediately upon confirmation by mail by NEULAND in the name of the promoter and establishes an obligation to accept and pay for the ordered tickets.
In the event of cancelled or postponed events, claims for reimbursement of the Ticket price for the can only be made against the respective promoter. Such claims shall be made in accordance with the relevant General Terms and Conditions of the promoter and/or in accordance with statutory provisions of law.

§ 7 Online dispute resolution for consumer disputes

Online dispute resolution as per Art. 14 Paragraph 1 of the Regulation on consumer ODR: The European Commission provides a platform for Online Dispute Resolution (ODR), which you can access at http://ec.europa.eu/consumers/odr/.

§ 8 Limitations of liability and exemption from liability

(1) In the event of a breach of duty due to ordinary negligence, our liability is restricted to foreseeable average direct damages typical for the type of agreement. This also applies in the event of breaches due to ordinary negligence on the part of our legal representatives or vicarious agents. We shall not be liable to entrepreneurs in the event of breaches of non-essential contractual obligations due to ordinary negligence.

(2) The above limitations of liability do not affect the Customers right to make claims for product liability. The above limitations of liability also do not apply in the event of damages due to injury to health or body attributable to us or in the event of loss of Customer life.

§ 9 Data protection

(1) You have been informed about the nature, scope and purpose of the collection, processing and use of personal data necessary for the execution of orders (see "Data protection").

(2) You expressly consent to the collection, processing and use of personal data. You are entitled to revoke this declaration of consent at any time, to take future effect.

§ 10 Final provisions

(1) The laws of the Federal Republic of Germany apply. For consumers that conclude the agreement for purposes which are not part of their trade, business or profession, this choice of law only applies to the extent that the granted protection is not withdrawn by the binding provisions of law of the country in which the consumer has their usual place or residence. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.

(2) If the Customer is a business person, a legal person under public law or a special fund under public law, the court with exclusive jurisdiction for all disputes arising from this agreement is that for our registered place of business. This also applies if the Customer does not have any general venue in Germany or if their place of residence or habitual place of abode is not known at the time proceedings are brought in the courts.

We reserve the right to appeal to any other competent international court.

© Copyright 2018 white label eCommerce GmbH