General Terms and Conditions
GTC
The following General Terms and Conditions govern the legal relationship between
Avoxa - Mediengruppe Deutscher Apotheker GmbH
Carl-Mannich-Strasse 26
65760 Eschborn, Germany
represented by:
Metin Erguel
Peter Steinke
Commercial register entry:
Registered in the commercial register.
Register court: Local Court Frankfurt am Main
Register number: HRB-9085
VAT ID:
VAT identification number pursuant to §27a of the German VAT Act: DE114109120
Tel.
+49 6196 - 928 410
besucher@expopharm.de
(hereinafter referred to as the “Organizer”)
and the customers with regard to the purchase of admission tickets and services for the expopharm trade fair event (hereinafter referred to as the “Event”).
1. Service Provider, Scope of Application and Online Dispute Resolution
1.1 The contractual relationship regarding the Event and the sale or purchase of tickets is established exclusively between the Organizer and visitors. Go. Control GmbH, Felix-von-Gruner-Str. 18, 61184 Karben, Germany, (hereinafter referred to as the “Service Provider”) acts solely as a commercial representative acting in the name and on behalf of the Organizer and processes the purchase agreement on the Organizer's behalf. For this reason, the Service Provider is in particular not liable for the insolvency of the Organizer or for the cancellation of the Event.
1.2 By placing an order, the visitor accepts these GTC as the binding and exclusive contractual basis for the purchase of tickets for expopharm, as well as the conditions of participation for access to and attendance at expopharm, which takes place annually alternating between the cities of Duesseldorf and Munich, as the basis for purchasing tickets. www.expopharm.de/conditions-of-participation.
1.3 For consumers:
We always endeavor to resolve any disagreements amicably. In addition, we have decided not to participate in dispute resolution proceedings before a consumer arbitration board. We are also not obliged to do so.
2. Definitions, Assignment
2.1 Customers are all private and business customers who meet the requirements under Section 3 of these Terms and Conditions.
2.2 Where we refer below to entrepreneurs, this means entrepreneurs within the meaning of § 310 (1) of the German Civil Code (BGB). Where additional or separate conditions apply to such entrepreneurs, we have indicated this accordingly.
2.4 We are entitled to assign claims arising from our contractual relationships.
3. Eligible Customers, Registration and Ticket
The sale of tickets and access to the trade fair are reserved for natural persons from the following professional groups: pharmacists, pharmacists, physicians, pharmaceutical engineers, pharmaceutical technical assistants (PTA), pharmacy students, pharmacists in practical training, members of other academic healthcare professions, healthcare professionals, healthcare marketers, exhibitors, as well as employees and representatives of participating partners and sponsors and persons invited by the Organizer.
Each customer is obliged to provide all data requested during registration. In addition, each customer must provide a password and a user name. The customer is responsible for protecting this data. If the customer becomes aware of unauthorized use of the data, the customer must report this immediately to the hotline (Tel. +49 6196 - 928 410, besucher@expopharm.de).
4. Conclusion of Contract
4.1 Our offers are non-binding as long as they do not become the subject of an agreement.
4.2 The presentation of our goods or services in brochures, catalogs, newsletters, lists of goods, at trade fairs or other sales exhibitions, or in our online presences, and the granting of the possibility to place an order or make a purchase, therefore generally does not constitute a binding offer on our part to conclude a purchase agreement. By placing an order or commissioning services, the customer makes a binding declaration that they wish to purchase the relevant product or commission our services.
4.3 Unless we accept the offer immediately, we are entitled to accept the contractual offer contained in the order or commission within two weeks of its receipt by us.
A binding contract is concluded when we accept the order or commission in writing - order confirmation - or deliver or hand over the goods to the customer. Immediate payments via PayPal are excluded from this; in this case, the contract is concluded upon payment.
4.4 An immediate confirmation of receipt of an order or commission does not yet constitute binding acceptance of the order or commission. The confirmation of receipt may be combined with the declaration of acceptance.
4.5 We store the contract text and, upon request, send it to the customer by e-mail together with these Terms and Conditions.
4.6 If the customer pays in advance or on invoice, a contract is only concluded when we receive payment. We are bound to the offer to conclude a contract for 14 days; however, the payment amount must be credited to the specified account no later than 5 working days before the start of the Event.
4.7 If invoice amounts are not paid, we are entitled to block access to the Event.
4.8 Resale of tickets to third parties or trading in tickets is prohibited. In the event of unauthorized use of a ticket, we or our Service Provider may invalidate the ticket.
5. Review of the Order Confirmation
5.1 Written order confirmations must be checked immediately after they are sent, and any deviations from the order or commission must be reported to us immediately.
additional provision for entrepreneurs:
5.2 If the order confirmation contains an express notice of a deviation from the order or commission, the entrepreneur must object to the confirmation immediately in writing.
5.3 Any expenses incurred by us that are rendered useless, or any damages arising, due to the entrepreneur's failure to give notice of defects or objection, or due to late notice or objection, shall be borne by the entrepreneur. The entrepreneur is entitled to prove that we did not incur any useless expenses or that we suffered no damage or only minor damage as a result of their missing or late notice or objection.
6. Prices and Shipping Costs
6.1 Prices stated by us are final prices in euros including the applicable statutory value added tax (VAT) at the legally prescribed rate - currently 19% in Germany.
6.2 Shipping costs may also apply. You will be informed of this before completing your order.
7. Payment, Default, Set-off/Right of Retention
7.1 The collection process is handled by the Service Provider. Invoices are paid exclusively to the Service Provider's account. Payments by credit card debit or PayPal are made to the account of the Service Provider, Go. Control GmbH, Felix-von-Gruner-Str. 18, 61184 Karben, Germany.
7.2 If the customer defaults on payment, we are entitled to default interest in accordance with statutory provisions. The amount of default interest varies depending on whether the debtor is a consumer or an entrepreneur.
7.3 If the customer is in default of payment obligations towards us, all existing claims against the customer shall become due for payment immediately, regardless of whether they are already due for payment under the agreement or our GTC.
7.4 Set-off by our customer against counterclaims is excluded unless the counterclaims are undisputed or have been legally established. The assertion of a right of retention by the customer is excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or have been legally established.
8. Delivery
8.1 Admission tickets are delivered by e-mail to the e-mail address provided by the customer during registration. The customer receives the admission ticket in PDF format for self-printing.
8.2 In justified exceptional cases, admission tickets may be sent to the delivery address specified by you. Unless otherwise agreed, delivery dates are non-binding. In the event of delayed delivery, the customer's written reminder shall place us in default, whereby a reasonable grace period must be granted to us.
8.3 If force majeure (natural disasters, war, civil war, terrorist attack, strike, pandemic) makes delivery or any other service permanently impossible, our obligation to perform shall be excluded unless we are responsible for the occurrence. Amounts already paid shall be refunded without undue delay.
8.4 Delays due to force majeure of any kind, unforeseeable operational, traffic or shipping disruptions, lockdowns as a result of pandemic situations, fire damage, flooding, unforeseeable shortages of labor, energy, raw materials or auxiliary materials, strikes, lockouts, official orders or other obstacles for which we are not responsible and which delay or prevent production or shipping in whole or in part or make it economically unreasonable, shall be accepted for the duration and scope of the disruption as well as for a transition period after the disruption has ended, unless we were aware of the occurrence before conclusion of the contract.
Until the disruption has ended, the party obliged to perform is released from the obligation to make full or partial delivery. The contracting parties undertake, within the bounds of reasonableness, to provide the necessary information without undue delay and to adapt their obligations to the changed circumstances in good faith.
8.5 If, upon occurrence of a case under Section 8.5, the obligation to deliver becomes unreasonable or impossible for a period of four months, the parties may withdraw from the contract in whole or in part without being able to assert claims for damages.
8.6 If the delay relates only 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 acceptance of the partial performance if the customer demonstrates that the partial delivery is of no economic use without delivery of the remaining products. If, despite this, the customer accepts the partial delivery, the customer may no longer later invoke the fact that the partial delivery was of no economic use.
8.7 In the event of withdrawal, the contracting parties must return without undue delay anything they have received from the other contracting party.
9. Cancellation
Admission tickets may only be canceled before the start of the Event. The statutory right of withdrawal for consumers (see Section 14 below) remains unaffected.
10. Technical Requirements for Printing the Admission Ticket
Printing the admission ticket requires the installation of Acrobat Reader on the PC/Mac used and the use of a standard Windows/Mac printer. A valid admission ticket must have a resolution of at least 300 dpi and must not be printed in “economy quality”. White paper in A4/Letter format must be used.
The printout must be made in original size (100%).
The customer is responsible for ensuring that the barcode on the admission ticket is neither smudged nor damaged during printing or at any later time.
11. Loss of Admission Tickets
If an admission ticket is lost, the Organizer will send the customer a replacement admission ticket or a corresponding voucher if the customer informs the Organizer of the loss by e-mail or fax before the start of the trade fair, stating the order confirmation number as well as the customer's name and address.
The ticket reported as lost will be blocked. Access to the Event is no longer possible with the blocked admission ticket.
12. Liability and Warranty
12.1 Warranty and liability are governed by statutory provisions unless otherwise stipulated below.
12.2 Liability for damages for compensation of property damage and financial losses that have not occurred to the purchased item itself is limited to cases of intentional and/or grossly negligent conduct.
12.3 In all other cases, the Organizer shall be liable for property damage and financial losses that have not occurred to the purchased item only in the event of a breach of material contractual obligations. In this respect, liability is limited to the foreseeable typical contractual damage. Liability for atypical indirect or consequential damages is excluded.
12.4 Where the Organizer's liability is limited, this also applies to the liability of all persons whose conduct may be attributed to the Organizer.
12.5 The Organizer does not warrant the accuracy of the data reproduced on its website.
12.6 The Organizer's offer to purchase admission tickets and catalogs via the internet does not release the customer from the obligation to obtain timely and comprehensive information about the relevant entry requirements for the Federal Republic of Germany, in particular also about any visa requirement. The Organizer is not liable for damages or other disadvantages that may arise for the customer from failure to comply with this provision.
12.7 Limitations of liability do not apply in the event of injury to life, body or health.
13. Image Rights, Trademarks - Licenses
13.1 All image rights are held by us, our suppliers or our partners. Use without express consent is not permitted.
13.2 Customers are not entitled to use our trademarks or the trademarks of suppliers or partners without our written consent.
14. Statutory Right of Withdrawal for Consumers
14.1 If you, as a consumer within the meaning of § 13 of the German Civil Code (BGB), conclude a legal transaction with us and this transaction was concluded outside our business premises within the meaning of § 312 b BGB, or if it was a distance contract pursuant to § 312 c BGB, i.e. the entrepreneur or a person acting in the entrepreneur's name and the consumer use exclusively means of distance communication for the contract negotiations and conclusion of the contract, you have a statutory right of withdrawal:
Withdrawal Instructions
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract and after receipt of the admission ticket and these instructions. To exercise your right of withdrawal, you must inform us
Avoxa - Mediengruppe Deutscher Apotheker GmbH
Apothekerhaus Eschborn
Carl-Mannich-Strasse 26, 65760 Eschborn
Telephone
+49 6196 928 - 410
Email:
besucher@expopharm.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
14.2 The statutory right of withdrawal does not apply to distance contracts pursuant to § 312 g (2) BGB, in particular not to a legal transaction for the delivery of goods that are made to customer specifications or clearly tailored to personal needs (§ 312 g (2) no. 1 BGB) or that, due to their nature, are not suitable for return, can spoil quickly or whose expiry date would be exceeded quickly (§ 312 g (2) no. 2 BGB).
15. Applicable Law, Contract Language
The contract concluded between you and us is governed exclusively by the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law provisions of German law. The contract language is German.
16. Place of Jurisdiction for Entrepreneurs as Contracting Parties
The exclusive place of jurisdiction shall, at our discretion, be the registered office of our company or Frankfurt/Main. In addition, we are also entitled to sue the entrepreneur at their registered office.
Version: March 2023
Model Withdrawal Form
[Your name]
[Your street and house number] [postal code and city]
[your telephone number, if applicable] [your e-mail address, if applicable]
Avoxa - Mediengruppe Deutscher Apotheker GmbH
Apothekerhaus Eschborn
Carl-Mannich-Strasse 26
65760 Eschborn
Withdrawal from the purchase agreement / order [insert contract number / order number] dated [insert date], customer number [please insert]
Dear Sir or Madam,
I hereby exercise my right of withdrawal and return to you [please insert the goods to be returned] from the above-mentioned purchase agreement.
Please refund the purchase price paid by me in the amount of [insert purchase price] no later than [insert date 14 days after return date] to the following account:
Account holder [please insert] Account number [please insert] Bank code [please insert] [insert name of bank]
Yours faithfully,
[handwritten signature]