General Terms and Conditions for the Purchasing of Vouchers
1. General remark
1.1 The ordering of vouchers via this online shop is governed solely by the General Terms and Conditions (T&Cs) set out below.
1.2 The contractual language is German
2. Conclusion of contract
2.1 The purchase agreement is entered into with: Hotel Bayerischer Hof Gebrüder Volkhardt KG, Promenadeplatz 2–6 80333 Munich, Germany, phone +49 89.21 20 -0, fax +49 89.21 20-906, email email@example.com, commercial register of Munich district court: HRB 48397.
2.2 The purchase agreement comes into force with an offer and acceptance thereof. The vouchers shown in our online shop do not constitute an invitation to conclude a purchase agreement, but are merely an invitation to treat. Offers may be submitted via the online order form (cart) or by email or telephone.
2.3 When using our online order form, the customer submits an offer as follows: by clicking on the “Buy” button in the final stage of the order process, the customer is submitting a binding offer for the conclusion of a purchase agreement in respect of the items within the cart. The order process can only be concluded following prior confirmation that the customer has read and accepted these T&Cs. This is done by clicking the relevant box, which is located next to the words “I have read and agree to these Terms and Conditions ”. Receipt of the order submitted via our online shop will be confirmed with an email with the subject line “Confirmation of your order with Bayerischer Hof”. This automatic confirmation of receipt informs the customer solely of the fact that we have received the order and does not constitute contractual acceptance.
2.4 The order has only been accepted when Bayerischer Hof sends the customer the voucher by email or post. Insofar as the customer has received the voucher by email, the customer must print out the voucher in order to redeem it.
3. Order process, saving the agreement in text form
3.1 The customer proceeds as follows to submit an offer via our online order form: firstly, the customer selects a voucher by clicking on it in the online shop. In the next step, they can select the desired order quantity and delivery method (email or post) and place the desired number of vouchers in a virtual shopping cart by clicking on the “Add to cart” button. In the window that follows, the customer will receive confirmation that the selected product has been added to the cart. They can then either “Continue Shopping” or proceed to the “Checkout”.
By clicking on the “Continue Shopping” button, the customer can add further items to the cart. They will then be directed back to the online shop, where they can add more products. By clicking on the “bag” button in the menu at the top of the page, the customer can edit their order. They are shown a summary of all items contained in the cart. They can delete these items from the cart by clicking on the relevant button or change the order quantity by editing the “Amount” field.
Alternatively, the customer can proceed with their order by clicking on the “Checkout” button. Clicking on the “Checkout” button will open a new window. The customer must then sign in by entering their login details (email address and password) and proceed with the order by clicking the “Login” button. If the customer does not have an account, they can register as a new customer. To do so, they click on the button “Create an Account”. Once they have filled in all the mandatory fields, they then click on the “Register” button. They are then taken to the “Order Details” page. Registered customers are also taken to this page once they have entered their login details and clicked on the “Login” button.
Once the customer has clicked on “Continue”, they can now select their desired payment method. The following payment methods are available as desired: “SOFORT Überweisung” (immediate bank transfer), “Credit card” (VISA, MasterCard, American Express, Diners Club) and “PayPal”. Having once again clicked on the “Continue” button, the customer can then amend the billing and/or delivery address. Once the customer has clicked to confirm that they have read the Terms and Conditions (“I have read and agree to these Terms and Conditions”), they can complete their order by clicking on the “Buy” button. The order in respect of the items and quantities contained within the cart (at the price stipulated) will be sent to us. In doing so, the customer submits their legally binding offer to enter into a purchase agreement.
3.2 Prior to submitting their order, the customer can correct any input errors using their computer keyboard and mouse. Should the customer wish to correct any data they have entered on previous pages, they can use the appropriate function on their browser to access the pages concerned.
3.3 The contractual text is contained within the order confirmation. The General Terms and Conditions will be made available to the customer via a link on the website or, at the latest, in written or text form upon delivery of the items.
4. Right of cancellation
4.1 Insofar as the customer is a consumer within the meaning of Sect. 13 of the German Civil Code (BGB), they have a statutory right of cancellation. In respect of the right of cancellation, the following terms and conditions apply as set out in detail in the following cancellation policy.
Right of cancellation
You have the right to cancel this agreement within 14 days without stating a reason.
This cancellation period lasts 14 days from the day on which you, or a third party named by you who is not the forwarder, takes possession of the goods.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this agreement by means of an unambiguous declaration (e.g. a letter or email) sent to us at Hotel Bayerischer Hof, Gebrüder Volkhardt KG, Promenadeplatz 2–6, 80333 München, Germany, tel. +49 89.21 20-894, firstname.lastname@example.org. You may use the sample cancellation form below for this purpose, but are not obliged to do so.
To comply with the cancellation period, it is sufficient for you to give notice that you are exercising your right of cancellation prior to expiry of the cancellation period.
Implications of cancellation
In the event that you cancel this contract, we shall refund all payments that we have received from you including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheapest standard delivery option offered by us) within 14 days of the day on which we receive notification of your decision to cancel the contract. We shall refund you using the same payment method that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will we charge a fee for this refund. We are entitled to withhold the refund until we have received back the goods or until you have provided proof that you have returned the goods, whichever comes first.
You must return or surrender the goods without delay and no later than within 14 days of the day on which you notified us of your decision to cancel the contract. This deadline is deemed to have been met if you dispatch the goods prior to expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You undertake to bear the cost of any loss of value of the goods insofar as this loss of value is attributable to any handling of the goods that is not necessary to check their condition, properties and functionality.
END OF CANCELLATION POLICY
Sample cancellation form
(Should you wish to cancel the agreement, please
complete and return this form.)
*) Delete as applicable
4.2 The right of cancellation does not apply in respect of vouchers concerning services in the following areas: accommodation for purposes other than lodging, the forwarding of goods, the provision of food and drink and the rendering of other services connected with leisure activities, if a specific date or period of time is stipulated for the rendering of such services.
5. Prices and shipping costs
5.1 All prices stated in our online shop include statutory VAT but do not include shipping costs in the amount of €4.00 insofar as the customer has selected delivery by post.
5.2 The price including VAT and any applicable shipping costs will also be displayed in the cart prior to the customer submitting their order.
5.3 If the customer cancels their contractual declaration in a valid manner, they can, subject to statutory provisions, demand the reimbursement of costs already incurred for shipping to the customer (outbound shipping costs).
Following receipt of payment, the voucher shall, depending on the option selected by the customer, be sent to the email address or postal address provided by the customer. Insofar as the customer has selected delivery by email, the customer shall receive the voucher as a PDF document as soon as the order process has been completed and payment received. In the event that the customer has selected delivery by post and the delivery address is located within Germany, the items shall be handed over within 1–2 working days to Deutsche Post with an instruction to deliver by registered post.
7. Payment options, electronic billing
7.1 Payment can be made by credit card (VISA, MasterCard, American Express, Diners Club), PayPal or SOFORT Überweisung (immediate bank transfer). We reserve the right to exclude individual payment methods or to only offer selected payment methods.
7.2 The customer shall receive an electronic invoice with the email entitled “Confirmation of your order with Bayerischer Hof”. An electronic invoice is an invoice that is issued and received in electronic form. The customer hereby agrees to the issuing of an electronic invoice.
8. Rights granted by the voucher
8.1 The purchased voucher entitles the customer to demand from Bayerischer Hof the services set out in the voucher. The customer is entitled to pass on the voucher to third parties, in particular as a gift. At the request of the customer, the hotel will already state on the voucher form the name of a third party as the intended recipient of the voucher, without prejudicing the legal position set out in 8.1, sentence 2.
8.2 Vouchers for services are valid until the expiry date stated on the voucher. After this point, vouchers for services may be converted into monetary vouchers.
9. Data protection
9.2 On request, the customer will receive information at any time on the data held about them.
10. Supplier identification, address for communication
Our address for complaints, other declarations of intent and other communication is as follows: Hotel Bayerischer Hof, Gebrüder Volkhardt KG, Promenadeplatz 2–6 80333 München, Germany.
11. Choice of law and jurisdiction
11.1 These Terms and Conditions are governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 Contracts with businesspeople are subject to the sole jurisdiction of the courts of Munich, insofar as legally permissible.