General Business Terms and Conditions (Terms)
The following Terms regulate the legal relationships between
Avoxa - Mediengruppe Deutscher Apotheker GmbH
Carl-Mannich-Strasse 26
65760 Eschborn, Germany
represented by:
Metin Ergül
Peter Steinke
Commercial register entry:
Entry in the commercial register.
Court of Registration: Frankfurt am Main Local Court
Registry No.: HRB-9085
VAT ID:
VAT identification number in accordance with Section 27a of the German VAT Act: DE114109120
Phone
+49 6196 - 928 830
besucher@expopharm.de
(hereinafter the “Organiser”)
and customers with regard to the purchase of tickets and services relating to the expopharm 2022 trade fair event (hereinafter “Event”).
1. Service provider and scope of validity and online dispute resolution
1.1 The contractual duty in relation to the Event and the sale or purchase of tickets exclusively arises between the Organiser and visitors. The company Go. Control GmbH, Felix-von-Gruner-Str. 18, 61184 Karben, (hereinafter the “Service Provider”) acts exclusively as a commercial representative, acting on behalf of and on the account of the Organiser and handling the purchase contract on its behalf. For this reason, the Service Provider shall, in particular, not be liable for the insolvency of the Organiser or the cancellation of the Event.
1.2 By placing an order, the visitor accepts these Terms as a binding, exclusive contractual basis for the purchase of tickets to expopharm 2022 and the participation terms for access to and accommodation at expopharm 2022 between 14/09/2022 and 17/09/2022 in Munich on the basis of the purchase of tickets as the contractual basis.
1.3 The current Terms and the participation terms for access to and accommodation at expopharm 2022 between 14/09/2022 and 17/09/2022 in Munich are provided to the customer with the order confirmation. The terms can be accessed at any time at www.expopharm.de/teilnahmebedingungen.
1.4 For consumers:
At http://ec.europa.eu/odr, the European Commission provides an online dispute resolution (ODR) platform. This gives consumers the opportunity to resolve disputes in connection with their online registration to the award day without initially involving a court. The Organiser’s email address is
besucher@expopharm.de.
The Organiser always endeavours to resolve any differences of opinion in an amicable manner. Beyond this, it has decided not to participate in any
dispute resolution proceedings before a consumer arbitration body. It is also not obliged to do so.
2. Terminology, assignment
2.1 For us, customers are all private and business customers
2.2 Insofar as we make reference to entrepreneurs, we are referring to entrepreneurs as defined in Section 310 (1) Civil Code. Insofar as supplementary or separate provisions apply to such entrepreneurs, we have clarified this.
2.4 We are authorised to assign claims arising from our contractual relationships.
3. Authorised customers, registration and tickets
Ticket sales and access to the trade fair is reserved for natural persons from the following professional groups: Pharmacists, doctors, pharmacy engineers, pharmacy technicians, pharmacy students, intern pharmacists, members of other academic medical professions, healthcare professionals, exhibitors, employees and representatives of participating partners and sponsors and individuals invited by the organiser.
2. Contract conclusion
2.1 Our offers are non-binding unless they become part of an agreement.
2.2 Presenting our goods or our services in brochures, catalogues, newsletters, goods lists or at trade fairs and other sales exhibitions or via our online presence and the granting of the opportunity to order or purchase is therefore, in principle, not associated with a binding offer to conclude a purchase agreement on our part. By placing an order or assignment, the customer bindingly declares that it wishes to acquire the respective product or commission our services.
2.3 Insofar as we accept the offer immediately, we are entitled to accept the contract offer contained in the order or assignment within two weeks of receipt by us.
A binding contract comes into force when we accept the order or assignment in writing by means of an order confirmation or deliver or hand over the goods to the customers. Immediate payments via PayPal constitute an exception to this; in this case, a contract comes into force upon payment.
2.4 Immediate confirmation of receipt of an order or assignment does not yet constitute binding acceptance of the order or assignment. The confirmation of receipt can be connected to the declaration of acceptance.
2.5 The contract text is saved by us and sent to the customer on request by email with these Terms.
2.6 If the customer makes an advance payment or pays when an invoice is issued, a contract with us only enters into force on receipt of payment. We are bound to conclude a contract in accordance with the offer for 14 days but the payment amount must have been received to the specified account no later than 5 working days before the start of the Event.
2.7 In the event of failure to pay invoice amounts, we are entitled to block entry to the Event.
2.8 Selling on of tickets to third parties or trading of tickets is prohibited. In the event of improper use of a ticket, we or our Service Provider are entitled to invalidate the ticket.
3. Checking the order confirmation
3.1 Written order confirmations must be checked without undue delay after being sent and any deviations from the order or the assignment must be communicated to us without undue delay.
3. Checking the order confirmation
3.2 If the order confirmation contains express reference to a deviation from the order or assignment, the entrepreneur must notify us of the defect in the confirmation in writing without undue delay
3.3 Any expenses incurred by us in vain due to lack of or delayed notification of defects or objection to this by the entrepreneur or damages incurred in this manner shall be borne by the entrepreneur. The entrepreneur is entitled to furnish proof that we did not incur any expenses in vain and/or incurred either no damages or lower damages due to its lack of or delayed objection.
4. Prices and delivery costs
4.1 Prices we specify are final prices in EUR including the respective valid value added tax in the statutory amount, currently 19% in Germany.
4.2 This does not include any delivery costs. You will be informed about these before you place your order.
5. Payment, default, offsetting/right of retention
5.1 The Service Provider handles collection. Payment of the invoices is made exclusively to the Service Provider’s account. Payments by credit card or PayPal are made to the account of the Service Provider, Go. Control GmbH, Felix-von-Gruner-Str. 18, 61184 Karben.
5.2 If the customer enters into default with payment, we shall be entitled to interest in accordance with the statutory provisions. The amount of the default interest varies depending on whether the debtor is a consumer or entrepreneur.
5.3 If the customer enters into default on payment obligations to us, all existing claims against the customer shall immediately become payable regardless of whether they are already payable on the basis of the agreement or our Terms.
5.4 Offsetting by our customers with counterclaims shall be excluded unless the counterclaims are undisputed or legally established. The assertion of a right of retention by the customer shall be excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or legally established.
6. Delivery
6.1 Tickets are delivered by email to the email address specified by the customer during registration. The customer receives their ticket in PDF format to print out at home.
6.2 In justified exceptional cases, tickets can be sent to the postal address you provided us with. Delivery dates remain non-binding unless otherwise agreed. In the event of delayed delivery, a written warning by the customer leads to default, whereby we shall be granted an appropriate grace period.
6.3 In the event that force majeure (natural catastrophes, war, civil war, terror attack, strike, pandemic) makes delivery or another service impossible on a long-term basis, our performance duty shall be excluded unless we were responsible for the event. Amounts already paid will be refunded without undue delay.
6.4 Delays due to force majeure of any kind, unforeseeable operational, traffic or delivery delays, lockdowns due to pandemic situations, fire damage, floods, unforeseeable shortages of workers, energy, raw materials or auxiliary materials, strikes, lockouts, official orders or other disruptions for which we are not responsible which delay, prevent or otherwise make economically unfeasible the manufacture or delivery (in part) shall be tolerated for the duration and scope of the disruption and a transitional period after the end of the disturbance unless we would have been aware of the event before conclusion of the contract.
Until the disruption is over, the party with a performance duty shall be released from its (partial) delivery obligation. The parties undertake, where reasonable, to provide the required information without undue delay and to adapt their obligation to the changed circumstances in good faith.
6.5 If, in the event of the occurrence of one of the scenarios set out in 5.5, the performance obligation becomes unreasonable or is expected to be impossible for four months, the parties may withdraw from the contract in part or in full without claims for compensation being asserted.
6.6 If the delay only applies to part of the delivery, we are obliged to deliver, and the customer is obliged to accept, the part of the delivery not affected by the delay. The customer may refuse to accept the partial service if it states that the partial service is of no financial benefit to it without delivery of the remaining products. If the customer still accepts the partial delivery despite this, it may not subsequently claim that the partial delivery was not of any financial benefit to it.
6.7 In the event of a withdrawal, the parties shall without undue delay return everything which they received from the other party.
7. Cancellation
Cancellation of tickets is only possible until the event starts. The statutory withdrawal rights for consumers (see No. 13 below) remain unaffected by this.
8. Technical requirements for printing out the tickets
Printing out the ticket requires Acrobat Reader to be installed on the PC/Mac being used and for a commercially available Windows/Mac printer to be used. A valid ticket must have a resolution of not less than 300dpi and must be printed in better than “economy quality”. All tickets must be printed on white A4 or US letter printer.
Tickets must be printed in their original size (100%).
The customer is responsible for taking due care to prevent the barcode printed on the ticket from becoming smeared or damaged at any time after printing.
9. Lost tickets
In the event a ticket is lost, the Organiser shall send a replacement ticket or a voucher to the customer, provided the customer has reported the lost ticket including the order number and his/her name and address to the Organiser prior to the trade fair opening day.
The lost ticket will be cancelled. Entry to the trade fair is not possible with a cancelled ticket.
10. Using trade fair tickets for public transport
Printed tickets (Print@home) to expopharm also serve as public transport tickets and are valid for return journeys using Munich local transport in the respective period. When purchasing a day pass, the customer must nominate the day on which he/she intends to use the expopharm ticket for public transport. Tickets valid for all trade fair days can be used for return journeys to and from expopharm on all days within the Event period.
Vouchers for redeeming tickets online, as well as tickets for evening events and pickup vouchers for catalogues, do not entitle customers to complementary use of public transport.
11. Liability and warranty
11.1 Warranty rights are governed by the statutory provisions, unless otherwise provided for in the following.
11.2 Liability for pecuniary losses and property damage related to objects other than the purchased item is limited to cases of wilful intent and/or gross negligence.
11.3 In all other cases, the Organiser shall only be liable for pecuniary losses and property damage to objects other than the purchased item that have been caused by the breach of a material contractual obligation. Any resultant liability is limited to the foreseeable damages as are typical for the respective kind of contractual relationship. Liability for untypical damages or consequential damages is excluded.
11.4 Insofar as the Organiser’s liability is limited, this also applies to the liability of all persons acting on behalf of the Organiser.
11.5 The Organiser does not warrant the accuracy of data presented on its website.
11.6 The Organiser’s offer for the purchase of tickets and catalogues via the internet shall not be construed as releasing the customer from the obligation to familiarise himself/herself with the applicable German travel regulations, in particular with any potential visa requirements. The Organiser shall not be held liable for damages and other detrimental effects resultant from the customer’s failure to observe the aforementioned.
11.7 Limitation of liability does not apply in the case of injury to life, limb or health.
12. Image rights, trade marks, licences
12.1 All image rights are owned by us, our suppliers or our partners. Use without express permission is not permitted.
12.2 Without our written permission, customers are not entitled to use our trade marks or trade marks belonging to suppliers or partners.
13. Statutory withdrawal right for consumers
If you, as a consumer within the meaning of Section 13 Civil Code, enter into a transaction with us and this was concluded outside our business premises within the meaning of Section 312 b Civil Code or it was a distance contract pursuant to Section 312 c Civil Code, i.e. the entrepreneur or a person acting on its behalf and the consumer exclusively use means of distant communication for the contract negotiations and the conclusion of a contract, you shall have a statutory right of withdrawal:
Cancellation policy
You have the right to revoke this agreement within fourteen days without providing reasons. The cancellation period shall be fourteen days from the day of conclusion of the contract and receipt of the ticket and this policy. In order to exercise your right of withdrawal, you must contact us
Avoxa - Mediengruppe Deutscher Apotheker GmbH
Apothekerhaus Eschborn
Carl-Mannich-Strasse 26, 65760 Eschborn, Germany
Telephone
+49 6196 928 - 410
Email:
besucher@expopharm.de
with a clear declaration (e.g. a letter sent by post, fax or email) concerning your decision to revoke this contract. You can use the enclosed template cancellation form for this but this is not mandatory.
In order to observe the cancellation period, it is sufficient for you to send notice that you wish to exercise your right of withdrawal before expiry of the cancellation period.
13.2 The statutory right of withdrawal does not exist for distance contracts pursuant to Section 312 g (2) Civil Code, in particular not for a legal transaction concerning the delivery of goods made to a customer specification or clearly tailored to personal requirements (Section 312 g (2) 1) Civil Code) or which are not suitable for return due to their properties or could spoil rapidly or the expiry date of which would rapidly pass (Section 312 g (2) 2) Civil Code).
14. Applicable law, contract language
The agreement concluded between you and us is exclusively governed by the law of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions of German law. The contract language is German.
15. Place of jurisdiction for entrepreneurs as parties
At our discretion, the sole place of jurisdiction shall be the registered office of our company or Frankfurt am Main, Germany. In addition, we are also entitled to bring claims against the entrepreneur at their place of business.
Sample cancellation form
[Your name]
[Your street and building number] [Postcode and city]
[Where applicable, your telephone number] [Where applicable, your email address]
Avoxa - Mediengruppe Deutscher Apotheker GmbH
Apothekerhaus Eschborn
Carl-Mannich-Straße 26
65760 Eschborn, Germany
Cancellation of the purchase agreement/order [insert contract number/order number] dated [insert date], customer number [please insert]
Dear Sir/Madam,
I hereby assert my right of withdrawal and return the [please insert the goods to be returned] from the abovementioned purchase agreement.
Please refund the purchase price paid by me in the amount of [insert purchase price] by no later than [insert date 14 days after return date] to the following account:
Account holder [please insert] Account number [please insert] BIC [please insert] [Insert name of bank]
Kind regards,
[your signature]