General terms and conditions

Table of Contents

1. Scope
2. Conclusion of the Contract
3. Cancellation Policy & Cancellation Form
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Redemption of Tickets
7. Liability for Defects (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution

1. Scope
   1. These General Terms and Conditions (hereinafter referred to as "GTC") of Christian Kellermann, acting under "Papilonia Dinkelsbühl" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of tickets that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the tickets presented in the Seller's online shop. Any incorporation of the Customer's own conditions is hereby rejected unless otherwise agreed.
   2. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
   3. These GTC only govern the sale of tickets for certain events specified in more detail in the Seller's item description and not the performance of these events. For the performance of the events, only the statutory provisions between the Customer and the organizer as well as any deviating conditions of the organizer apply. Insofar as the Seller is not also the organizer, they are not liable for the proper performance of the event, for which only the respective organizer is responsible.
2. Conclusion of the Contract
   1. The item descriptions contained in the Seller's online store do not represent binding offers on the part of the Seller but serve to submit a binding offer by the Customer.
   2. The Customer can submit the offer using the online order form integrated into the Seller's online store. After placing the selected tickets in the virtual shopping cart and going through the electronic order process, by clicking the button that concludes the order process, the Customer submits a legally binding contractual offer with regard to the tickets contained in the shopping cart.

   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 e-mail), whereby the time at which the order confirmation is received by the Customer is decisive; or
      • by delivering the ordered tickets to the Customer, whereby the time at which the Customer receives the tickets is decisive; or
      • by requesting payment from the Customer after the Customer has placed the order.

      If several of the above alternatives apply, the contract shall be formed at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiration 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

   4. When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal Terms of Use, available at https://www.paypal.com/us/legalhub/useragreement-full or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.
   5. When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer after sending the order in text form (e.g., e-mail, fax, or letter). The Seller does not provide any further access to the contract text beyond this.
   6. Before bindingly submitting 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. A technical tool for better recognizing input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
   7. For the conclusion of the contract, the German language is available.
   8. The order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered if SPAM filters are used.

3. Cancellation Policy & Cancellation Form
   Consumers have a right of withdrawal according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity:

   1. Right of Withdrawal

      You have the right to withdraw from this contract within fourteen days without giving any reason.

      The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

      To exercise your right of withdrawal, you must inform us (Christian Kellermann, Papilonia Dinkelsbühl, Dr.-Martin-Luther-Str. 2, 91550 Dinkelsbühl, Germany, Tel.: 0178/3326470, E-Mail: dinkelsbuehlpapilonia [emailtecka] de) by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the attached model cancellation form for this purpose, but it is not mandatory.

      To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

   2. Consequences of Withdrawal

      If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs arising from you choosing a different type of delivery than the cheapest standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have provided evidence of having sent back the goods, whichever is earlier.

      You must send back the goods or hand them over to us without undue delay and, in any case, no later than fourteen days from the day you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the fourteen-day period has expired.

      You will bear the direct cost of returning the goods.

      You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

   Download the cancellation form here

4. Prices and Payment Conditions
   1. Unless otherwise stated in the Seller's item description, the prices given are total prices that include the statutory value-added tax.
   2. The possible payment method(s) will be communicated to the Customer in the Seller's online store.
5. Delivery and Shipping Conditions
   • Tickets will be provided to the Customer as follows:
     • via e-mail
6. Redemption of Tickets
   1. The ticket can only be redeemed once and only on the date and at the venue specified on the ticket.
   2. The ticket is intended only for use by the person named on it. The transfer of the ticket to third parties is excluded. If the Seller is also the organizer, they are entitled but not obliged to check the substantive eligibility of the respective ticket holder.
7. Liability for Defects (Warranty)
   1. If the purchased item is defective, the provisions of the statutory liability for defects apply.
8. Applicable Law
   1. All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
9. Alternative Dispute Resolution
   1. The EU Commission provides an online dispute resolution (ODR) platform at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for the extrajudicial resolution of disputes arising from online purchase or service contracts involving a consumer.
   2. The Seller is neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.