General Terms and Conditions of the online shop of Paintball Events Mahlwinkel GmbH
§ 1 Scope
(1) These General Terms and Conditions (hereinafter „GTC“) apply to all business transactions between us, Paintball Events Mahlwinkel GmbH [imprintThese terms and conditions apply to contracts concluded between Biggame Mahlwinkel GmbH, Kopernikusstr. 12a, 30853 Langenhagen, and our customers via our online shop www.biggame-mahlwinkel.com. In addition to these terms and conditions, the statutory provisions also apply.
(2) Any differing, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
(3) These General Terms and Conditions are divided into sales of goods (Section I § 1-6), event tickets/vouchers (Section II § 7-13), and the general terms and conditions which apply to both types of sales (Section III § 14-17).
I. Purchase of goods
Section 1 Conclusion of Contract / Contract Language / Storage of Contract Text
(1) The presentation or advertising of goods/tickets/vouchers in our online shop does not constitute a binding offer to conclude a purchase agreement. It merely constitutes an invitation to submit an offer (invitatio ad offerendum).
(2) In the online shop, the customer's order is sent to us after clicking the "order subject to payment" button.
The order process consists of the following steps:
- Selection of the desired product/ticket/voucher
- Confirm by clicking the "Order" buttons„
- Review of the information in the shopping cart
- Clicking the "proceed to checkout" button„
- Login to the online shop after registration and entry of login details (email address and password).
- Review and correction of the entered data.
- Submit your order by clicking the button. „"Order for a fee"“ or. „"buy"“. By submitting the form, the customer makes a binding offer.
Before submitting the order, the customer can review their information and correct any errors by clicking the "Back" button in their web browser. Alternatively, they can cancel the order process by closing the browser. We will immediately confirm receipt of the order with an automatically generated email ("Order Confirmation"). The order confirmation does not constitute acceptance of the offer unless acceptance is declared at the same time. With the order confirmation, the customer receives the contract terms and conditions, including details of the ordered goods, these terms and conditions, and the cancellation policy via email. The terms and conditions can also be viewed at any time at [website address]. https://biggame-mahlwinkel.com/policies/privacy-policy can be viewed.
The order constitutes a legally binding offer to which the customer is bound for 7 calendar days. Any existing right of withdrawal remains unaffected.
(3) A contract between us and the customer is concluded by our declaration of acceptance via e-mail or by delivery of the ordered goods.
(4) The German language is the only language available to the customer for concluding the contract.
(5) Before submitting a binding order in the online shop, you have the option to save the contract text. We also save the contract text of the contract concluded with the customer. The customer can view their current and past orders at any time in our customer area under "Your Account" – Orders.
§ 2 Prices and Payment Terms
(1) The purchase prices in our online shop are gross prices including statutory VAT plus any applicable shipping costs [Shipping conditionsThe total price, including VAT and shipping costs, is displayed to the customer on the order summary page before the order is submitted.
(2) The purchase price shall be due upon conclusion of the purchase agreement.
(3) The following payment methods are available to the customer:
- Klarna
- Klarna Instant Transfer
- PayPal
- credit card
- Prepayment via bank transfer
(4) The purchase price and shipping costs must be paid no later than 2 weeks after receipt of the goods and our invoice.
§ 3 Right of withdrawal / Exclusion of the right of withdrawal
If the customer concludes the purchase agreement for purposes that are predominantly neither attributable to his commercial nor his independent professional activity ("consumer"), he is entitled to the following right of withdrawal:
Cancellation policy
Right of withdrawal
For tickets to events with a fixed date or period, there is no statutory right of withdrawal according to § 312g para. 2 no. 9 of the German Civil Code (BGB). Ticket bookings are therefore binding. This does not affect statutory rights in the event of cancellation or other disruptions to the event.
The regular right of withdrawal applies to goods and other services.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform us [Paintball Events Mahlwinkel GmbH, Kopernikusstr. 12a, 30853 Langenhagen, info@biggame-mahlwinkel.de] of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than 14 days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us or to [Paintball Events Mahlwinkel GmbH, Kopernikusstr. 12a, 30853 Langenhagen, info@biggame-mahlwinkel.de] without undue delay and in any event no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Sample cancellation form
If you wish to cancel the contract, please fill out this form and return it.
– To
Paintball Events Mahlwinkel GmbH
Karl Plinke
Copernicus Street 12a
30853 Langenhagen
Email info@biggame-mahlwinkel.de
– I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notifications on paper)
– Date (*) Delete as appropriate.
End of the cancellation policy
Exclusion of the right of withdrawal
The right of withdrawal exists not This does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. For tickets to events with a fixed date or period, there is no statutory right of withdrawal pursuant to Section 312g Paragraph 2 No. 9 of the German Civil Code (BGB). Ticket bookings are therefore binding. This does not affect statutory rights in the event of cancellation or other disruptions to the event.
§ 4 Delivery costs / Delivery time / Availability
(1) Deliveries are generally at the customer's expense, unless otherwise agreed. An overview of shipping costs can be found here [Shipping conditions]. In the event of a cancellation, the customer must bear the direct costs of the return shipment.
(2) The delivery time is approximately 3 working days, unless a different delivery time is specified in our online shop or otherwise agreed. The delivery time begins upon conclusion of the contract.
(3) If the goods are not available at the time of ordering, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer's offer, and no contract will be formed. If the goods are only temporarily unavailable, we will also inform the customer immediately.
§ 5 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
The warranty for material or legal defects of delivered goods is governed – subject to the provisions of Section 14 – by the applicable statutory regulations, in particular Sections 434 et seq. of the German Civil Code (BGB).
II. Event tickets/vouchers
§ 7 General
7.1. Paintball Events Mahlwinkel GmbH sells not only merchandise but also tickets and vouchers for paintball events for ages 14 and up. Participation in an event requires registration and the purchase of a ticket.
Participants who are under 18 years of age on the day of the event can only be registered by their parents or legal guardians. Registrations of minors without written parental consent cannot be processed. The parental consent form can be found here.
7.2. Notwithstanding Section 1 (3), the purchase agreement is only concluded upon our confirmation of the offer and full payment (depending on the chosen payment method) of the respective ticket/voucher price. Tickets and vouchers are generally only sent or can only be collected after full payment. We reserve the right to reject an offer – even without stating reasons.
7.3. By purchasing a ticket or voucher, contractual relationships regarding attendance at the event are established exclusively between the respective ticket buyer (customer) and Paintball Events Mahlwinkel GmbH (organizer), but not with us.
7.4. We collect and charge fees incurred when purchasing tickets/vouchers – such as processing and shipping fees – on our own behalf and for our own account. These additional fees are displayed during the ordering process. As a result, the total price may differ from the price printed on the ticket. Before placing the order, the customer is shown the final price, including all fees and taxes.
§ 8 Provisions for the use of the Paintball Events Mahlwinkel GmbH website
8.1. Customers wishing to purchase tickets or vouchers online via the Paintball Events Mahlwinkel GmbH website must register. For this purpose, we collect the following data from the participant: first and last name, date of birth, gender, nationality, address, email address, telephone number, emergency contact number, company or club name, payment information, etc. (example list). Regarding the handling of customer data, please refer to our privacy policy (Data protection).
By registering on the Paintball Events Mahlwinkel GmbH website, the customer acknowledges the validity of these Terms and Conditions. Agreement is given by ticking the corresponding box. Registration itself does not obligate the customer to purchase tickets or disclose payment details.
The customer warrants that all data provided during registration is true and complete and that he is authorized to use the payment methods he specified during the ordering process.
8.2. The customer is obligated to keep their password secret and not to disclose it to third parties. The customer can change their password at any time in their customer account. The customer must inform us immediately if they become aware of or suspect any unauthorized use of their customer account. The customer is liable for any misuse of the access data they are required to keep secret, provided they are responsible for its disclosure.
8.3. The customer agrees not to disrupt the proper functioning of the Paintball Events Mahlwinkel GmbH website through technical interference. Deep linking and framing are only permitted with our prior consent.
§ 9 Special features when buying tickets/vouchers
9.1. The regulations regarding the right of withdrawal and return for distance contracts do not apply to ticket purchases due to Section 312g Paragraph 2 No. 9 of the German Civil Code (BGB). This means that there is no two-week right of withdrawal and return. Purchased tickets are generally not refundable.
Each order for event tickets/vouchers is therefore binding immediately after confirmation in accordance with § 1 (3) and obliges the customer to accept and pay for the ordered tickets/vouchers.
9.2. The dispatch of tickets/vouchers and selectable additional options requires prior payment via one of the specified payment methods. The contract is concluded upon receipt of the purchase price by us. Tickets/vouchers and selectable additional options must be presented at the event to be redeemed. Customers must present identification when redeeming tickets.
9.2.1. Ticket order for collection: The contract is concluded upon receipt of the purchase price by us (see point 2.2). Customers must present identification when collecting tickets.
9.2.2. Pick-up will only take place at the event venue.
9.2.3. If the customer does not collect the ticket held at the entrance ticket office by the closing time of the first booked event day, the organizer is entitled to sell the seat to someone else. No refund of the ticket price, even partial, will be issued.
§ 10 Prohibition of commercial use
10.1. The commercial resale of tickets and vouchers is prohibited.
10.2. Tickets may not be sold privately at a price higher than the printed ticket price plus any documented fees charged when the tickets were purchased. Tickets and vouchers may not be sold privately via internet auction houses or internet ticket exchanges.
10.3. We reserve the right to block access to the Paintball Events Mahlwinkel GmbH website or to refuse ticket orders if we have reasonable grounds to suspect a violation of this provision. Please note that event organizers will be informed of violations of resale prohibitions and will typically deny ticket holders entry to the event due to breach of contract, thus rendering the ticket invalid.
§ 11 Redemption of vouchers
Vouchers can be redeemed when ordering tickets via the Paintball Events Mahlwinkel GmbH website. Redemption for telephone or online ticket orders requires sending the voucher to us. Where technically feasible, vouchers can also be redeemed for online ticket orders by entering the barcode printed on the voucher. Entering the barcode invalidates the paper voucher.
§ 12 Performance Disruptions
12.1. Tickets sent by post are at the customer's expense. The shipping risk is governed by the statutory provisions of Sections 474 et seq. of the German Civil Code (BGB). We reserve the right to select the shipping company at our sole discretion.
12.2. We are not obliged to replace lost or destroyed tickets or vouchers to the customer after receipt, nor to refund the purchase price.
12.3. Immediately upon receipt of the invoice sent by email, the customer is obligated to check the order for the selected event, date/time of the event, and number of tickets. If the tickets are issued incorrectly, the customer is obligated to inform us immediately in writing (by email to info@biggame-mahlwinkel.de). In this case, we will endeavor to grant the customer access to the event according to the specifications provided during the ordering process. Should this not be possible (e.g., the event is sold out in the meantime), the customer is entitled to withdraw from the ticket purchase. If we are not informed immediately, any further claims by the customer are excluded.
§ 13 Conducting Events
13.1. Events generally take place regardless of the weather. We are not liable for the execution, course, content, or quality of any given event. We assume no responsibility for the accuracy or completeness of information provided on the Paintball Events Mahlwinkel GmbH website regarding the event at the behest of third parties (e.g., in the "Information" section).
13.2. If an event has to be canceled or interrupted due to force majeure (e.g., war, strike, pandemic, severe weather, high forest fire danger, etc.), official orders, or for safety reasons, or if changes to the event's execution are necessary for the aforementioned reasons, we are not liable for damages to the customer, unless the cancellation is due to gross negligence or intent on our part. In this case, we will endeavor to find a new date for the event. However, we are under no obligation to do so. If a new date is offered, tickets will remain valid. In the event of cancellation by the organizer, any claims by the customer, less any costs incurred by us, are solely against the organizer.
13.3. In the event that the event is cancelled for the reasons stated in point 13.2, we are not obligated to refund the costs incurred for our own services. Any surpluses are excluded from this.
13.4. Please refer to our rules for the respective event.link)
13.5. The customer is responsible for having their health and physical fitness for the sporting event medically checked before participation. The customer agrees to withdraw from participation if any health or physical problems arise before the start of the event that could affect their ability to participate.
III. General Terms and Conditions
The following terms and conditions apply to all types of contracts between us and the customer.
§ 14 Disclaimer
14.1. Our liability, or that of our legal representatives or agents, for damages is limited to cases of intentional or grossly negligent breach of duty and is otherwise excluded. Statutory liability in the event of negligent injury to life, body, or health remains unaffected.
14.2. Except in cases of injury to life or health, we are only liable if the damage was caused intentionally or by gross negligence. This does not affect our liability for culpable breaches of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
14.3. By completing the waiver before the start of the event, the visitor agrees to the declarations contained therein (link).
14.4. Travel to the event and driving on the grounds is at your own risk. This also applies to parking in the designated parking areas.
14.5. We accept no liability for items stored free of charge or for damage to or loss of the customer's clothing or equipment (not caused by our negligence).
14.6. In the case of negligently caused property damage, we and our vicarious agents are only liable for breaches of essential contractual obligations, but the amount of liability is limited to the foreseeable and typical damages at the time of conclusion of the contract.
Section 15 Data Protection, Revocation of Consent
15.1. We use a secure procedure for the online transfer of customer data during the ordering process. We may transmit personal data to the respective event organizer, the credit card company, and banks involved in the payment process.
15.2. We reserve the right to store personal data for the purpose of fulfilling the contract. The customer can request information about the data we have stored about them (an email to info@biggame-mahlwinkel.de is sufficient). Further details can be found in our privacy policy on our website (Data protection)
15.3. If the customer gives his consent in the registration form to receive information and offers from us via email newsletter, he can revoke this consent at any time by using the „unsubscribe” function in a newsletter email.
§ 16 Place of performance and applicable law
16.1. The laws of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The sole place of performance for deliveries, services, and payments is Witten, provided the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
16.2. If the customer is a merchant, Witten shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship; we reserve the right to bring an action before any other court with jurisdiction under civil procedure. This also applies to non-merchants as customers in the case of cross-border contracts.
16.3. The contract language is German.
§ 17 Final Provisions
Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
Any side agreements to this contract must be in writing to be valid.