Terms and Conditions

Terms and Conditions for ‘Umadum Munich’
Ticket and merchandise shop
Current as of: July 2020

1. GENERAL
These Terms and Conditions apply to the purchase and order of goods and products (especially tickets for the Munich Umadum observation wheel and merchandise items) at the ticket and merchandise shop at Umadum Munich, in the name of Umadum GmbH, Frankfurter Ring 193, 80807 Munich, (‘Umadum’, ‘we’ and ‘us’) at Atelierstraße 11, 81671 Munich (the ‘Shop’), by buyers or prospective buyers (‘Buyer’, ‘You’, ‘Your’).

2. COMMENCEMENT OF CONTRACT

2.1
You can choose goods and products (including tickets for the Munich Umadum observation wheel and merchandise items) from the range in our Shop and purchase them based on the following provisions at the tills present in the Shop in return for payment as specified by Us. By inquiring of Us about the purchase of relevant goods and products at the tills in the Shop (e.g. by laying the relevant goods on the till counter), You make an offer to Us for the conclusion of a contract of purchase of the relevant goods and products. We declare Our acceptance of this offer by performing the check-out process at the till (only through this acceptance does an enforceable purchase contract between You and Us take effect for the goods and products chosen by You in return for relevant payment).

2.2
These Terms and Conditions are an integral component of the relevant purchase contract.

3. PRICES, PAYMENT TERMS, RETENTION OF TITLE

3.1
All prices displayed at the observation wheel tills and in the Shop are to be read as inclusive of the relevant, legally applicable value added tax.

3.2
We accept the payment methods displayed in the Shop – we presently offer the following payment methods: cash, girocard (German debit card network) and credit card.

3.3
Title to the goods and products remains vested in Umadum until payment has been made in full.

4. LIABILITY

4.1
We will be liable to reimburse and compensate You in line with statutory provisions in the following situations (laid out here in section 4 ‘Compensation’): in instances of liability under the German Product Liability Act (Produkthaftungsgesetz), gross negligence or injury to life, limb or health; if We have provided a warranty or in any other instance of legally mandated liability.

4.2
We will also be liable to compensate You in accordance with statutory provisions if We culpably breach material contractual obligations. Material contractual obligations, for these purposes, are any obligations whose violation endangers achievement of the contract’s purpose as well as any obligations whereby fulfilment enables the due performance of the contract in the first place and compliance can ordinarily be relied on. However, to the extent that a breach of material contractual obligations was incurred only through slight negligence and did not produce an injury to life, limb or health, Your entitlements to compensation will be limited to the amount of the typically foreseeable losses.

4.3
In other cases, any entitlements for You to claim compensation from Us will be excluded no matter what legal grounds, including due to defects in quality, defects in title and/or breach of other debt obligations or pre-contractual debt obligations (e.g. within the meaning of German Civil Code (Bürgerliches Gesetzbuch, BGB) section 311(2)) by Us, Our legal representatives, Our staff or Our agents; claims under BGB section 311a and claims based on torts.

4.4
Where Our liability is limited or excluded based on the above provisions, this limitation will also apply to the personal liability of Our legal representatives, staff and agents.

4.5
Any legal liability privileges will not be affected by this.

4.6
The above provisions will not be associated with any change in the burden of proof that disadvantages You.

4.7
Your entitlements to compensation will be time-barred on the statutory time-bar dates, counted from the beginning of the statutory validity period.

5. MISCELLANEOUS

5.1
You are entitled to a statutory defect liability right for the goods and products that You purchase in the Shop (see BGB sections 434 et seq.). For commercial customers, the corresponding warranty period for the purchased goods and products is twelve months (a commercial customer for this purpose is an individual, legal entity or incorporated partnership whose actions when concluding a legal transaction are an exercise of its commercial undertaking or self-employment).

5.2
These Terms and Conditions do not apply to the sale of goods and products through an Umadum online shop; the terms and conditions specific to the relevant online shop will apply to the sale of goods and products through such an online shop.

5.3
We are neither willing nor required to participate in a dispute resolution process conducted by a consumer affairs body.

5.4
Terms and conditions of the Buyer will not be applicable for the contract even if reference is made to them in other documents and even if We do not object to such terms and conditions.

5.5
You are only entitled to offset Your entitlements against Ours if Your claims have been upheld through legal proceedings, if We have recognised them or if Your claims are undisputed. You are also entitled to offset Your entitlements against Ours if You are exercising defect claims or counterclaims that pertain to the same purchase contract. As a Buyer, You may only exercise a right of retention if Your counterclaim is based on the same purchase contract.

5.6
Amendments or additions to these Terms and Conditions (including section 5.6 here) require a written agreement between the Parties.

5.7
Where the Buyer is a merchant, legal entity under public law or a public-law entity with access to special funds, the venue for all disputes arising out of or in connection to the contract will be the courts for the principal place of business of Umadum.

5.8
The laws of the Federal Republic of Germany, excluding (1) the rules of international private law and (2) the United Nations Convention on Contracts for the International Sale of Goods, apply to the purchase contract.