Disclaimer: German copy is the binding legal version.
Preamble Konfetti GmbH (hereinafter: konfetti) operates a platform for the booking of events by end customers, which are offered by partners on the platform. Bookings can be made by end customers directly via the platform.
§ 1 Scope (1) These General Terms and Conditions (hereinafter: GTC) apply to the mediation activities of konfetti as well as all orders on the website gokonfetti.com. The GTC apply regardless of whether you interact with the platform as an end customer consumer or entrepreneur. (2) All agreements made between you and us in connection with the contract result in particular from these terms and conditions, our order confirmation and our declaration of acceptance. (3) The version of the GTC valid at the time of the conclusion of the contract shall be authoritative. (4) The offer is directed exclusively to companies and to consumers who are fully legally competent and, as a natural person, must have reached the age of 18. As a natural person, they must have reached the age of 18.
§ 2 Definitions (1) End customer: a natural or legal person who purchases an event ticket or buys a product via the internet platform of konfetti (gokonfetti.com). (2) Provider: Suppliers can advertise and present their events on the platform. (3) Operator: The operator is Konfetti GmbH (hereinafter: konfetti). (4) Platform: The konfetti website, through which end customers can book events with providers.
§ 3 Description of services (1) konfetti offers gift certificates, event tickets and product sets to end customers via its platform and, if applicable, other sales channels. A variety of services from external providers are offered on the konfetti platform. In this respect, konfetti's services are limited to the operation of the platform through which the contract between the respective end customer and the respective provider is concluded. konfetti acts as a commercial agent of the provider in this respect. (2) When booking a ticket (hereinafter "ticket purchase"), the end customer receives a ticket from the provider. (3) When purchasing a gift voucher ("Voucher Purchase"), it should be noted that the sale takes place without personalization. In this respect, the voucher can be redeemed by all persons who have access to the voucher data. The presentation of a paper voucher is not necessary in this respect, rather the voucher data is sufficient. (4) For all bookings, konfetti acts as an authorized commercial agent for the respective provider with regard to the conclusion of the contract and the receipt of the payment. In the case of ticket purchases, konfetti also provides the tickets. (5) Although konfetti strives for a trouble-free operation of the platform, downtimes may occur due to technical malfunctions, maintenance work, capacity issues or other events. Furthermore, konfetti has no influence on general conditions such as the connection quality of the internet or the required data streams.
§ 4 Conclusion of Contract (1) When purchasing tickets, a contract is concluded as follows: a) The end customer submits a binding offer to conclude a contract for the desired service to the respective provider, who is represented by konfetti. Before the final conclusion of the contract, the end customer enters his data in the shopping cart. The end customer then also has the opportunity to check all information. Upon completion of the ordering process by pressing the corresponding button, the contract offered by the end customer is concluded. In doing so, the end customer also accepts konfetti's terms and conditions. b) After completing the order process, the end customer receives an order confirmation from konfetti via email. Only with this order confirmation the contract is accepted by konfetti. c) In addition to these GTC, supplementary contractual terms and conditions may apply to the participation in events offered by providers, in particular with regard to any participation requirements or restrictions (e.g. age, state of health, weight, driving license), as well as GTC of the respective provider. These terms and conditions can be found on the offer page; in addition, the terms and conditions are displayed again when a voucher is redeemed. As the end customer, you are responsible for ensuring that the participating person meets the minimum requirements. (2) After completion of the order process, the contract information of the order (i.e. the order data together with the agreed GTC) will be stored by konfetti. The current version of the GTC can be retrieved by the end customer at any time via the website gokonfetti.com. The order confirmation sent by e-mail also contains the order data. If the end customer has created a customer account at konfetti when placing the order, orders placed can also be viewed there. (3) The contract language is exclusively German.
§ 5 Right of revocation (1) No right of revocation for the booking of specific konfetti events (ticket bookings for public events or bookings of private/exclusive group events, both on-site or as online event). According to § 312g para. 2 no. 9 BGB, services from the field of leisure activities that take place on a specific date or period are excluded from revocation. Thus, every booking of an event arranged by konfetti is legally binding with the acceptance by konfetti and obligates to acceptance and payment. (2) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you are otherwise entitled to a right of revocation in accordance with the statutory provisions. (3) If you, as a consumer, make use of your right of revocation pursuant to Section 1, you shall bear the regular costs of the return shipment, insofar as these are actually incurred for the revocation. (4) In all other respects, the regulations that are reproduced in detail in the following cancellation policy apply to the right of cancellation; in this respect, konfetti is also authorized to receive for the providers.
- Revocation Policy- Right of revocation You have the right to revoke 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, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Konfetti GmbH, Tempelhofer Ufer 1, 10961 Berlin, e-mail firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
§ 6 Prices and shipping costs (1) All prices in our online store are gross prices including the statutory sales tax and are exclusive of any shipping costs. The price of a good or service offered at the time of the order shall apply. (2) Any shipping costs are indicated in our price quotations in our online store. The price including VAT and any applicable shipping costs will also be displayed in the order mask before you submit the order. (3) The prices to be paid depend on price options, the duration of the booking and other components. The final price can therefore only be viewed on the product page after selecting all components or in the shopping cart. In case of doubt, only the price in the shopping cart is valid.
§ 7 Terms of payment, delivery, set-off and right of retention (1) The purchase price and shipping costs are due upon booking. (2) The end customer can choose between different payment methods when concluding the contract via the platform. Only the means of payment mentioned in the order process with the respective terms and conditions are accepted by konfetti. Deviations in the payment method are only permitted with the prior, express consent of konfetti. (3) The delivery of services only takes place after successful payment by the end customer. Any postal delivery will be made to the address provided by the end customer during the purchase process. konfetti has no influence on any delivery delays caused by shipping service providers, e.g. due to strikes, force majeure or other disruptions in the operational process. (4) You are not entitled to offset against claims of konfetti, unless your counterclaims are legally established or undisputed. You are also entitled to set-off against claims of konfetti if you assert notices of defects or counterclaims from the same contract. All this applies accordingly to a right of retention. (5) End customers are entitled and obliged to make payments with debt-discharging effect exclusively to konfetti, unless otherwise agreed. (6) Any refund of amounts to the end customer shall be made free of charge for the end customer, insofar as there is a claim to this (e.g. due to the non-acceptance of the order or an effective revocation), via the payment method via which a payment was originally received.
§ 8 Cancellation or no-show by end customers (1) Cancellation (cancellation does not mean the exercise of statutory rights of revocation or withdrawal) of tickets from direct bookings (bookings made entirely directly via the platform) is excluded. Likewise, cancellation is excluded for services purchased using vouchers from competitions or discount codes. Unless expressly stated otherwise, the Event Ticket is valid for a specific event at a specific time at a specific place; it is the End Customer's responsibility to take advantage of the event at the right time and place. (2) If you as the end customer are not able to participate in a booked event (e.g. due to conflicting participation conditions or restrictions), konfetti is not liable for the compensation of any damages (e.g. for travel and accommodation costs). In particular, a refund of the purchase price due to non-fulfillment of the participation requirements by the end customer or the participating person is excluded. (3) For group bookings (bookings for a number of participants that are not made entirely directly via the platform) the following applies: If you wish to cancel your booking (cancellation does not mean the exercise of statutory rights of revocation or withdrawal), the following price scale applies:
up to 90 days before event = free cancellation up to 30 days before event = 50% refund to customer
up to 14 days before event = 25% refund to customer from 14 days before event = 0% refund to customer
From a total order volume of 5,000€ gross upwards, no cancellation free of charge is possible after acceptance of the offer. Irrespective of the above-mentioned cancellation conditions, a cancellation fee of 20% of the total amount will be charged in any case. From 90 days before the event, the above cancellation conditions apply.
§ 9 Period of validity / redemption period / transferability of gift vouchers and tickets (1) The period of validity for gift vouchers and, if applicable, for tickets that do not refer to a specific time at a specific place, is based on the statutory limitation period of three years. konfetti points out that the redemption of the gift voucher on the konfetti internet platform must take place within this period of validity. (2) Gift vouchers are not personalized, so that the person who has knowledge of the voucher data can also redeem it. Gift vouchers can therefore be redeemed by all persons who meet the eligibility requirements. When vouchers are transferred, it is the responsibility of the end customer to ensure that the recipient is aware of these General Terms and Conditions as well as any conditions of participation or restrictions. (3) A refund of the purchase price is excluded in the event that the end customer does not fulfill the participation requirements announced prior to the conclusion of the contract. (4) Tickets are personalized and therefore not transferable to other persons. If the end customer is unable to participate for an important reason, he/she can, however, make a rebooking in favor of a named third party against payment of a processing fee to be paid to konfetti (assignment with approval by konfetti). It is incumbent upon the end customer that such a third party obtains knowledge of these GTC as well as any conditions or restrictions of participation.
§ 10 Changes to the events (1) The events offered on the konfetti platform are continuously adapted and developed. In the course of this, changes may also be made to events that have already been booked. Such changes are to be accepted by the end customer as long as the overall picture of the event is not significantly changed and in particular is not restricted in the overall view and the changes are reasonable for the end customer. (2) Participation in events can take place together with other participants. This may result in waiting times. (3) The descriptions of events posted on the platform are provided by the providers. konfetti is not liable for the quality or accuracy of an offer.
§ 11 Weather conditions (1) Some of the events offered on the konfetti platform depend on certain weather conditions and may not be able to be carried out at all times due to weather conditions. (2) Whether an event is dependent on certain weather conditions can be found in the offer description on the platform. In addition, it is the responsibility of the end customer to ask the provider about the weather conditions on the day of the planned participation. (3) If the implementation of an event is not possible due to weather conditions, the date will be rescheduled or rebooked in consultation between the Provider and the End Customer. Reimbursement for expenses or damages by konfetti is excluded in these cases.
§ 12 Retention of title (1) The ownership of sold goods remains reserved until full payment konfetti. (2) Until full payment, you as the end customer may not redeem services against the provider. (3) In the case of personalized tickets, the transfer of the claim resulting from the ticket is subject to full payment. If an already made payment for a service is cancelled or reversed after the redemption of the gift voucher, konfetti can block already transferred vouchers or tickets and declare the withdrawal from the contract existing between the end customer and the provider on behalf of the provider.
§ 13 Liability (1) konfetti is not responsible for the execution of the events. This is the sole responsibility of the respective provider. (2) Apart from that, konfetti is liable a) for damages resulting from injury to life, body or health b) for damages other than those mentioned under a) that are based on an intentional or grossly negligent breach of duty c) for damages that do not fall under letters a) or b) and are based on the culpable breach of a duty the fulfillment of which the end customer could rely on because it is essential for the contract (so-called cardinal duty); in this respect, however, the amount of damages is limited to the foreseeable damage.
§ 14 Applicable law and place of jurisdiction (1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory consumer protection laws of that country shall remain unaffected by the choice of law made in sentence 1. (2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the Seller, Berlin. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.