Terms and Conditions
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Red Raven GmbH) via the website https://the-dark-tenor.myshopify.com/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
For tickets:
These General Terms and Conditions (GTC) apply to all concert ticket deliveries and services of Red Raven GmbH (hereinafter: RED RAVEN) in connection with orders placed by the customer via the online shop under the domain “thedarktenor.com” for tickets to the listed concert events.
If RED RAVEN is not itself the organizer of the events offered, the events are carried out by the respective organizer, who is also the issuer of the tickets. RED RAVEN will provide the purchaser with the organizer's details (name/company including address and contact details) for the respective event before the ticket is purchased. In this respect, the purchase of the ticket creates a contractual relationship with regard to attending the event exclusively between the ticket holder (purchaser) and the respective organizer. RED RAVEN sells the tickets on behalf of the respective organizer as an agent. By ordering tickets, the purchaser only instructs RED RAVEN to process the ticket purchase including shipping. By purchasing the ticket, the contractual relationship with regard to attending the event exclusively between the ticket holder (purchaser) and the respective organizer. The respective organizer's own general terms and conditions apply to these legal relationships.
The tickets for events offered in the RED RAVEN online shop do not represent binding offers from RED RAVEN; rather, they are an invitation to the customer to submit a binding contractual offer by placing an order.
By submitting an order via the online shop by clicking on the button “order with payment”, the customer places a legally binding order.
However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the option button "Accept General Terms and Conditions" and has thereby included them in his application. Only the customer's order represents an offer to RED RAVEN to conclude a contract.
If the customer has placed an order with RED RAVEN, RED RAVEN will send the customer an email to the email address provided, in which RED RAVEN confirms receipt of the customer's order and lists the details of the contract information with further information on the purchase process (order confirmation) and which the customer can print out using the "Print" function. RED RAVEN will thereby provide the customer with the required contract information in text form.
Such an email does not constitute a binding acceptance of the order unless it also confirms receipt and also declares acceptance.
A contract is only concluded when RED RAVEN accepts the customer’s order by sending a separate email (order confirmation) or by delivering the ordered tickets.
According to Section 312g Paragraph 2 No. 9 of the German Civil Code (BGB), there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract stipulates a specific date or period for the provision. This means that there is no right of withdrawal for tickets for concert events listed in the online shop under the domain “thedarktenor.com”. Every order for tickets by the purchaser is therefore immediately binding upon express acceptance of the order by RED RAVEN and obliges the purchaser to accept and pay for the tickets ordered.
If events are cancelled or rescheduled, travel and accommodation costs will not be reimbursed. Visitors are asked to find out before travelling whether the event in question will take place as planned.
If it is not possible for RED RAVEN to provide the seat indicated on the ticket for reasons for which RED RAVEN is not responsible, RED RAVEN reserves the right to assign the visitor another seat for the respective event even after the contract has been concluded if the alternative seat assigned is comparable.
Otherwise, RED RAVEN must immediately refund any payment already made in exchange for the return of the ticket.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to buy are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with payment" or similar term), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for accuracy and therefore assume no liability for errors.
§ 4 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you place your order.
- Direct debit: The debit will be made after the goods have been dispatched. You will be informed of the time by email.
- Credit card (Visa/Mastercard): Available in Germany and Austria. The debit will be made after the goods or tickets have been dispatched / the service is available or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
You can find further information and Klarna's terms of use here . You can find general information about Klarna here . Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as stated in Klarna's privacy policy .
You can find more information about Klarna here . You can find the Klarna app here .
(2) SEPA direct debit (basic and/or business direct debit)
When paying by SEPA direct debit or SEPA business direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 1-5 days after the contract has been concluded.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a direct debit being returned due to your fault, you will be responsible for the bank fee incurred.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Red Raven GmbH
Pappelallee 78-79
10437 Berlin
Germany
Phone: +49 176 62056135
Email: thedarktenor@gmail.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf .
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made in an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
last update: 27.10.2020