Terms & Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Granting of Usage Rights for Digital Content
7. Reservation of Title
8. Warranty (Guarantee)
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of SPOTS-BSS GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. Any terms and conditions of the Customer shall be rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of digital content, unless explicitly stated otherwise.

1.3 These GTC also apply to contracts for the delivery of tickets, unless explicitly stated otherwise. These GTC solely regulate the sale of tickets for specific events specified in the Seller's item description and not the execution of these events. The execution of the events is governed solely by the statutory provisions between the Customer and the organizer, as well as any deviating conditions of the organizer. If the Seller is not also the organizer, it is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that acts in the course of their commercial or self-employed professional activity when concluding a legal transaction.

1.5 Digital content within the meaning of these GTC are all data not stored on a physical medium that are produced in digital form and provided by the Seller under the granting of certain usage rights more precisely regulated in these GTC.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer by telephone, email, post, or online contact form to the Seller.

2.3 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 email), whereby the receipt of the order confirmation by the Customer is decisive in this regard, or
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this regard, or
• prompting the Customer to pay after submitting their order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry 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.

2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer after sending their order together with these GTC in text form (e.g., email, fax, or letter). However, the text of the contract cannot be accessed by the Customer via the Seller's website after sending their order.

2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the ordering process.

2.6 Only the German language is available for concluding the contract.

2.7 Order processing and communication take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that SPAM filters allow all emails sent by the Seller or by third parties commissioned by the Seller for order processing to be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for transferring money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment options will be communicated to the Customer in the Seller's online shop.

4.4 If payment is agreed by bank transfer in advance, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 In the case of payment by invoice, the purchase price is due immediately upon delivery and invoicing of the goods. In this case, the purchase price is to be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer payment by invoice only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer in their payment information in the online shop about such payment restrictions.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is made by dispatch to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the order processing of the Seller is decisive for the processing of the transaction.

5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer in an appropriate period of time beforehand. This also does not apply with regard to the costs for the initial shipping if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provisions made in the Seller's withdrawal policy regarding the return costs apply.

5.3 In the case of self-collection, the Seller informs the Customer by email first that the goods ordered by them are ready for collection. After receiving this email, the Customer can collect the goods by arrangement with the Seller at the Seller's registered office. In this case, no shipping costs will be charged.

5.4 Digital content is provided to the Customer exclusively in electronic form as follows:

• by download
• by email

5.5 Tickets are provided to the Customer as follows:

• by post

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive, spatially and temporally unlimited right to use the content provided for private as well as for business purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to the transfer of the contractual license to the third party.

6.3 The granting of rights becomes effective only after the Customer has fully paid the contractually owed remuneration. The Seller may also temporarily allow the use of the contractual content before this point in time. Such provisional permission does not entail a transfer of rights.

7) Reservation of Title

If the Seller provides goods in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

8) Warranty (Guarantee)

8.1 If the purchased item is defective, the statutory provisions regarding liability for defects apply.

8.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect occurs after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period. However, the limitation of liability to one year does not apply to

• items that have been used in accordance with their usual use for a building and have caused its defectiveness,
• claims for damages and reimbursement of expenses of the Customer, and
• in the event that the Seller has fraudulently concealed the defect.

8.3 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller accordingly. Failure to comply with this has no effect on the Customer's statutory or contractual warranty claims.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are provided free of charge by the Seller as part of promotions with a certain validity period and cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the conclusion of the order process. A subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to cover the difference.

9.7 The credit of a promotional voucher will neither be paid out in cash nor will interest be paid on it.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is intended for use by the person named on it only. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.

10) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the registered office of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the Customer. However, in such cases, the Seller is also entitled to initiate proceedings at the Customer's place of business.

12) Alternative Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution (OS), which can be found at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.