General Terms and Conditions for Visiting phaeno
phaeno gGmbH, Willy-Brandt-Platz 1, 38440 Wolfsburg, hereinafter referred to as (‘phaeno’).
§ 1 Scope
1.1 The following General Terms and Conditions (hereinafter referred to as the ‘GTC’) apply to visits to phaeno between the contracting party (hereinafter referred to as the ‘Contracting Party’) of phaeno and phaeno gGmbH, Willy-Brandt-Platz 1, 38440 Wolfsburg (hereinafter referred to as ‘phaeno’).
1.2 The following GTC apply exclusively. Any terms and conditions of the Contracting Party that conflict with or deviate from these GTC shall not be recognised, unless phaeno expressly agrees to their validity in writing or in text form, or the contracting parties agree otherwise.
1.3 A contracting party within the meaning of these Terms and Conditions is any person who purchases one or more admission tickets from phaeno for themselves and/or third parties (participants) to visit phaeno.
1.4 ‘Participants’ within the meaning of these General Terms and Conditions are all third parties who – without being contracting parties – are entitled to admission.
1.5 ‘Guests’, for the purposes of these General Terms and Conditions, are the contracting party and/or participants, either individually or collectively.
1.6 The contracting party shall ensure that participants are familiar with these General Terms and Conditions and comply with the rights and obligations arising therefrom.
1.7 The following Terms and Conditions govern the right of entry to phaeno and, in particular, visits to the exhibition areas and the use of the exhibits located there, as well as visits to the various laboratories, workshops, special exhibitions, the Science Theatre and/or the Ideas Forum.
1.8 The terms used in these General Terms and Conditions are gender-neutral.
§ 2 Admission Prices – Conclusion of Contract
2.1 The admission prices for visiting phaeno as set out in phaeno’s price list shall apply. All admission prices include the applicable statutory value-added tax.
2.2 The contract is concluded following an offer by the contracting party and its acceptance by phaeno. The contracting party is obliged to pay in advance.
§ 3 Age limit – no supervision
3.1 Children under the age of 8 may only visit phaeno when accompanied by a parent or legal guardian or an adult supervisor. phaeno is entitled to verify the age of the contracting party or the participant prior to entry for the purpose of checking compliance with this age limit.
3.2 phaeno does not assume responsibility for the supervision of guests during their visit to phaeno.
§ 4 Withdrawal by phaeno
4.1 phaeno is entitled to withdraw from the contract with immediate effect in the event of force majeure which makes it wholly or partially impossible to provide the service selected by the contracting party. The same applies in the event that the visit must be prohibited for safety reasons, due to technical faults or other circumstances for which phaeno is not responsible.
4.2 In the event of withdrawal pursuant to clause 4.1, the fee paid by the contracting party shall be refunded. The fee shall be refunded via the same payment method used for the original payment. Any further claims are expressly excluded.
§ 5 Liability
5.1 Visitors enter the grounds and buildings of phaeno at their own risk.
5.2 The contracting party’s claims for damages are excluded. This does not apply to claims for damages arising from injury to life, limb or health, or from a breach of material contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by phaeno, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
5.3 In the event of a breach of essential contractual obligations, phaeno shall only be liable for foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the contractual partner’s claims for damages arise from injury to life, physical injury or damage to health.
5.4 All exclusions and limitations of liability set out in this Clause 5 shall also apply in favour of phaeno’s legal representatives and vicarious agents where claims are brought directly against them.
§ 6 Data Protection Clause
6.1 phaeno is the data controller within the meaning of data protection law. The contractual partner’s personal data shall be processed by phaeno solely for the purposes of contract performance (in accordance with Article 6(1), first sentence, point (b) of the General Data Protection Regulation of 27 April 2016).
Data will only be disclosed to other third parties to the extent that this is necessary for the performance of the contract or where phaeno is legally obliged to do so. Any use beyond this requires statutory authorisation or the consent of the contracting party. No data will be transferred to a third country.
6.2 phaeno will not use the contractual partner’s personal data for the purposes of advertising, market research or opinion polling.
6.3 Please refer to the privacy policy of phaeno gGmbH. This can be viewed on the website www.phaeno.de.
§ 7 Final Provisions – House Rules – No Right of Withdrawal – Jurisdiction – Applicable Law
7.1 The phaeno’s house rules shall apply in addition. The contracting party and participants are collectively referred to as ‘guests’ in the house rules. Guests who breach the house rules may be asked to leave phaeno. The contracting party shall – insofar as this is reasonable – ensure that participants comply with the house rules.
7.2 There is no statutory right of withdrawal for the booking of admission tickets to visit phaeno, in accordance with the provision in Section 312g(2)(9) of the German Civil Code (BGB).
7.3 For the contracting parties, the exclusive place of jurisdiction for all disputes arising from the contract relating to a visit to phaeno is the court with jurisdiction over the registered office of phaeno gGmbH in 38440 Wolfsburg.
7.4 The law of the Federal Republic of Germany shall apply.
7.5 However, this choice of law shall apply only to the extent that it does not deprive the consumer of mandatory applicable consumer protection provisions of the country in which the consumer has their habitual residence at the time of concluding the contract for a visit to phaeno.
7.6 If you have any queries, please contact our Service Centre on 05361 890100 or by email at entdecke@phaeno.de
phaeno gGmbH, Willy-Brandt-Platz 1, 38440 Wolfsburg, hereinafter referred to as the ‘online shop’ (www.phaeno.de).
§ 1 Scope
1.1 The following General Terms and Conditions (hereinafter referred to as the ‘GTC’) apply to the phaeno online shop in transactions between the contracting party (hereinafter referred to as the ‘Customer’) of phaeno and phaeno gGmbH, Willy-Brandt-Platz 1, 38440 Wolfsburg (hereinafter referred to as ‘phaeno’).
§ 2 Admission Prices – Conclusion of Contract
2.1 The presentation of goods in the online shop does not constitute a legally binding offer; rather, the Customer submits a binding offer to purchase by placing an online order. The offer to purchase is accepted by means of an order confirmation sent by email or by delivery of the goods ordered. An email merely confirming receipt of the order does not constitute a binding acceptance of the offer to purchase.
2.2 Prices are based on the list price valid on the date the contract is concluded, inclusive of statutory VAT, and are quoted ex works, excluding packaging and transport costs.
2.3 The admission tickets are online tickets, to be printed by the customer, and are valid only on the selected date.
2.4 Gift vouchers are online tickets, are printed by the customer and are valid for 3 years from the date of purchase.
2.5 Annual passes are ordered, paid for and personalised by the customer online. Approximately two weeks later, the annual passes are sent to the customer by post. The annual passes are valid for 12 months from the date of purchase.
2.6 phaeno is entitled to increase prices if delivery is due to take place more than four months after the conclusion of the contract or can only take place for reasons for which the customer is responsible.
§ 3 Terms of Payment
3.1 Payment is due upon delivery or when the goods/tickets are sent to the customer by email, and is payable without deduction in euros by credit card or PayPal.
§ 4 Delivery
4.1 Partial deliveries are permitted – provided this is reasonable for the customer – and may be invoiced separately in each case.
4.2 The customer shall carefully observe any product information issued by phaeno or by phaeno’s supplier and, where applicable, shall also pass this on to their own customers in a verifiable manner.
§ 5 Liability
5.1 phaeno retains title to the goods until full payment has been made.
5.2 If the customer is a consumer, they shall be entitled to the statutory remedies in the event of a defect.
If the customer is not a consumer, the following shall apply in addition:
Subsequent performance shall be provided by phaeno either by rectifying the defect or by making a replacement delivery.
5.3 phaeno shall be liable in cases of wilful misconduct, gross negligence, the absence of a guaranteed quality, for personal injury and in accordance with the Product Liability Act.
5.4 In the event of a breach of essential contractual obligations due to slight negligence (in particular the obligation to deliver on time and free from defects), liability is limited to foreseeable damage typical for this type of contract.
5.5 Liability for the breach of non-essential contractual obligations due to slight negligence is excluded.
5.6 The above provisions apply mutatis mutandis to liability for reimbursement of wasted expenditure.
§ 6 Limitation period for claims for defects and compensation
6.1 If the customer is a consumer, the statutory provisions shall apply.
If the customer is not a consumer, the following shall apply:
The limitation period for the customer’s claims arising from a defect is one year. This does not apply where longer periods are prescribed by law. Nor does this apply to claims for damages and reimbursement of expenses which are aimed at compensation for personal injury or damage to health, or which are based on wilful misconduct or gross negligence.
§ 7 Severability clause
7.1. Should individual clauses be invalid, the remaining clauses shall remain in force; in particular, the contract as a whole shall not be rendered invalid. The current Terms and Conditions can be downloaded from the phaeno website at www.phaeno.de.
7.2 phaeno is prepared to participate in dispute resolution proceedings before a consumer arbitration board.
7.3 The competent consumer arbitration board is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
, Straßburger Straße 8
, 77694 Kehl am Rhein,
www.verbraucher-schlichter.de
General Terms and Conditions for the Shop at phaeno
for the Shop (currently known as the ‘Entdeckerbox’) operated by phaeno gGmbH, Willy-Brandt-Platz 1, 38440 Wolfsburg (hereinafter referred to as the ‘Shop’), applicable to the sale of new goods and, where applicable, second-hand items.
Explanation: The goods displayed in the Shop and available for purchase were acquired for the purpose of resale.
These consist primarily of new goods available for inspection and, where applicable, fully functional technical items, as well as, in individual cases (where marked), second-hand items. Complaints must be raised without delay; for end consumers, they are subject to the applicable right of withdrawal. No further representations are made beyond the functionality observed; in particular, no representations, warranties or guarantees – especially no guarantees regarding quality and/or durability – are given beyond the statutory warranty provisions and the following General Terms and Conditions of Sale.
§1 Scope
1.1. These General Terms and Conditions (GTC) apply exclusively to the business relationships between “phaeno gGmbH, Willy-Brandt-Platz 1, 38440 Wolfsburg” – hereinafter referred to as the “Shop” – and purchasers. The “Shop” does not recognise any terms and conditions that conflict with or deviate from these GTC and hereby expressly rejects them.
1.2. These Terms and Conditions of Sale apply to every contract concluded between the “Shop” and the buyer concerning the sale of goods, electrical appliances and games.
1.3. These Terms and Conditions of Sale form an integral part of every contract concluded between the “Shop” and the buyer and are deemed to have been accepted upon conclusion of the contract of sale.
1.4. All agreements made between the “Shop” and the buyer in connection with the purchase shall be set out in writing on the sales receipt or in the contract of sale, these terms and conditions, and any order confirmation issued by the seller.
§2 Subject Matter of the Contract – Functionality
2.1. The buyer purchases exclusively new goods or labelled second-hand items. These goods have been acquired by the “Shop” from third parties via the goods collection service.
2.2. The goods are new, unused and/or in their original packaging, or are labelled as second-hand items. The “Shop” makes no representations and/or warranties beyond the functionality of the goods as tested on site.
2.3. Upon purchase and receipt of the new goods, the buyer must have satisfied themselves as to their functionality and acknowledges this upon completion of the purchase.
2.4. The “Shop” does not deliver the goods. The buyer must arrange for their collection themselves.
§3 Prices – Terms of Payment
3.1. Prices are gross prices, i.e. VAT is included in the price.
3.2. The purchase price is payable immediately on the spot, either in cash or via electronic payment methods.
3.3. The purchased goods remain the property of the “Shop” until full payment has been made (retention of title).
3.4. Goods for which the buyer has already made a down payment are deemed to be reserved. In this case, the reservation remains in force until full payment has been made and the goods have been collected by the buyer, up to a maximum of 7 working days.
§4 Exchanges
4.1. The “Shop” does not allow its customers to exchange goods or products.
§5 Warranty – Liability
5.1. New goods may be subject to colour variations due to different production batches. These do not constitute defects giving rise to a warranty claim.
5.2. If the goods purchased are defective, the buyer is initially entitled only to a claim for subsequent performance in the form of rectification. Rectification in the form of a replacement delivery cannot be guaranteed.
5.3. If the rectification fails more than twice, the buyer has the right to withdraw from the contract or to reduce the purchase price by a reasonable amount. Reimbursement for futile expenditure is excluded if no claim for subsequent performance has been made against the ‘Shop’ and the rectification has failed. A rectification is deemed to have failed after the third futile attempt.
5.4. The following are excluded from any warranty: faults caused by damage, incorrect installation, incorrect connection or incorrect operation by the buyer, as well as defects in the goods attributable to the manufacturer.
5.5. Should the buyer withdraw from the contract, they must return the goods to the “Shop” on a simultaneous basis in exchange for a refund of the purchase price, less reasonable compensation for wear and tear based on the usual useful life of the goods.
5.6. The warranty period is 24 months and commences upon handover of the goods. After 12 months, the ‘reversal of the burden of proof’ applies in accordance with Section 477 of the German Civil Code (BGB) on the buyer’s rights and Section 634a on the limitation period for claims for defects.
5.7. The “Shop” shall be liable in accordance with statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty on the part of the “Shop”, its- legal representatives or its vicarious agents, as well as for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent misrepresentation on the part of the seller, its legal representatives or its vicarious agents. The manufacturer of the goods/products is liable for damage under the Product Liability Act. phaeno acts as a reseller.
5.8. Any further liability on the part of the “Shop” is excluded, irrespective of the legal nature of the claim asserted; this applies in particular to tortious claims or claims for reimbursement of futile expenditure in lieu of performance. Insofar as the liability of the “Shop” is excluded or limited, this also applies to the personal liability of its employees, staff, representatives and vicarious agents.
§6 Final Provisions
6.1. Any additions, amendments or ancillary agreements to the contract of sale (including checkout transactions) must be in writing.
§7 Jurisdiction
7.1. The contracting parties agree that the exclusive place of jurisdiction for all claims arising out of or in connection with this contract shall be the registered office of phaeno.
§8 Severability clause
8.1. Should any individual clauses be invalid, the remaining clauses shall remain in force; in particular, the contract as a whole shall not be rendered invalid. The current Terms and Conditions can be downloaded from the phaeno website at www.phaeno.de.
