Terms & Conditions

Refreshed August 2019

General Terms and Conditions (AGB) 

The following terms and conditions apply to the booking and implementation of Networking Storechecks and Individual Storechecks offered by STORECHECK.INTERNATIONAL.

1. Scope

(1) The terms and conditions are the basis and part of every contractual agreement between STORECHECK.INTERNATIONAL (hereinafter referred to as "organizer") and the client (hereinafter referred to as "customer").
(2) Terms and conditions of the customer shall not apply, even if the organizer does not separately object to their validity. Deviating or contradictory terms and conditions shall therefore only apply if they have been accepted in writing by the organizer.
(3) Entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(4) A consumer in the sense of § 13 BGB is any natural person who concludes a legal transaction for a purpose which can neither be attributed to his commercial nor his self-employed professional activity.

2. Contracting Parties

The customer concludes contracts with:
STORECHECK.INTERNATIONAL, David Le Guillermic, Greifswalder Strasse 46, 10405 Berlin
E-Mail: info@storecheck.international
Phone: +49 (0)151 72389035

3. Conclusion of Contract

(1) The offers on the website of the organizer do not represent legally binding offers, but a non-binding invitation to the customer to request the services of the organizer.
(2) Bookings can be made via the online portal, by e-mail, by post or by telephone, and represent an offer made by the customer to the organiser. When booking Networking Storechecks and Individual Storechecks, the address, an e-mail address and a telephone number must be provided.
(3) When booking Networking Storechecks, the name or names of the participants must also be provided as well as the mobile telephone number of a local contact person for the tour.
(4) The contract for Networking Storechecks is only concluded when the organizer has confirmed the customer's booking in writing or by e-mail ("order confirmation"). This usually takes place within 48 hours after transmission of the offer. Otherwise, the offer shall be deemed rejected.
(5) In the case of non-binding enquiries for Individual Storechecks via the online form, the organiser will send an individual offer to the customer with reference to the enquiry. The contract is only concluded when the customer has accepted this offer from the organizer in writing or by e-mail, including the signature provided.

4. Payment

(1) The payment of Networking Storechecks can be made either by PayPal+ (PayPal, direct debit, credit card), Klarna or on account. We will inform you of the data required for payment.
(2) The payment of Individual Storechecks is made exclusively on account. We will inform you of the data required for payment.
(3) Cash payments are generally not possible.

PayPal+

During the ordering process you will be redirected to the website of the online provider PayPal+. There you can enter your payment details and confirm the payment order to PayPal+. After placing the order in the shop, we request PayPal+ to initiate the payment transaction and thereby accept your offer.

Exception: Recipient of the service is a company domiciled in another EU country: If Networking Storechecks are paid by PayPal+, the offer remains non-binding after the order has been placed in the shop and after the payment transaction has been carried out WITHOUT VAT until the customer's entrepreneurial status has been proven - only then is the offer accepted as binding.

Should the entrepreneurial status NOT be clearly provable, either STORECHECK.INTERNATIONAL will subsequently charge German VAT and the offer will be accepted as binding or the customer will receive a full refund of his payment upon request and the offer will be deemed not accepted.

Exception: Recipient of the service is a company domiciled in a third country: If Networking Storechecks are paid by PayPal+, the offer remains non-binding after the order has been placed in the shop and after the payment transaction has been carried out WITHOUT VAT, until the customer's entrepreneurial status has been proven and a procedure has been established which is feasible for STORECHECK.INTERNATIONAL if the VAT in the third country is not owed by the recipient of the service by law but by STORECHECK.INTERNATIONAL. Only after positive confirmation of both conditions the offer is considered as bindingly accepted.

Should the entrepreneurial status NOT be clearly demonstrable and/or the VAT procedure not be feasible for STORECHECK.INTERNATIONAL, either STORECHECK.INTERNATIONAL will subsequently charge German VAT and the offer will be accepted as binding or the customer will receive a full refund of his payment upon request and the offer will be deemed not accepted.

Klarna

During the ordering process you will be redirected to the website of the online provider Klarna. There you can enter your payment details and confirm the payment order to Klarna. After placing the order in the shop we ask Klarna to initiate the payment transaction and accept your offer.

Exception: Recipient of the service is a company domiciled in another EU country: If Networking Storechecks are paid by Klarna, the offer remains non-binding after the order has been placed in the shop and after the payment transaction has been carried out WITHOUT VAT until the customer's entrepreneurial status has been proven - only then is the offer accepted as binding.

Should the entrepreneurial status NOT be clearly provable, either STORECHECK.INTERNATIONAL will subsequently charge German VAT and the offer will be accepted as binding or the customer will receive a full refund of his payment upon request and the offer will be deemed not accepted.

Exception: Recipient of the service is a company domiciled in a third country: If Networking Storechecks are paid by Klarna, the offer remains non-binding after the order has been placed in the shop and after the payment transaction has been carried out WITHOUT VAT, until the customer's entrepreneurial status has been proven and a procedure has been established which is feasible for STORECHECK.INTERNATIONAL if the VAT in the third country is not owed by the recipient of the service by law but by STORECHECK.INTERNATIONAL. Only after positive confirmation of both conditions the offer is considered as bindingly accepted.

Should the entrepreneurial status NOT be clearly demonstrable and/or the VAT procedure not be feasible for STORECHECK.INTERNATIONAL, either STORECHECK.INTERNATIONAL will subsequently charge German VAT and the offer will be accepted as binding or the customer will receive a full refund of his payment upon request and the offer will be deemed not accepted.

On account

We will accept your order of Networking Storechecks by sending a declaration of acceptance including attached invoice in a separate email within two days. For Individual Storechecks: Once you have accepted our offer, you will receive an invoice in a separate e-mail within two days. You pay the invoice amount for Networking Storechecks and Individual Storechecks by bank transfer to our bank account at the latest upon receipt of the service. We reserve the right to offer the purchase on account only after a successful credit check.

This also applies to companies domiciled in other EU countries: The contract for Networking Storechecks and Individual Storechecks is only concluded and the invoice can only be issued once the customer's entrepreneurial status has been proven. In the worst case, this can extend the invoicing period beyond two days. Should the entrepreneurial status NOT be clearly provable, either STORECHECK.INTERNATIONAL will charge German VAT and the contract will be deemed to have been concluded or the customer rejects this and the contract will not be concluded.

It also applies to companies domiciled in a third country: The contract for Networking Storechecks and Individual Storechecks is only concluded and the invoice can only be issued when the customer's entrepreneurial status has been proven and a procedure is in place that is feasible for STORECHECK.INTERNATIONAL if the sales tax in the third country is not owed by the recipient of the service by law but by STORECHECK.INTERNATIONAL. The contract can only be concluded after positive confirmation of both prerequisites. In the worst case, this can extend the invoicing period beyond two days. Should the entrepreneurial status NOT be clearly demonstrable and/or the value added tax procedure not be feasible for STORECHECK.INTERNATIONAL, either STORECHECK.INTERNATIONAL will subsequently charge the German value added tax and the contract will be deemed concluded or the customer rejects this and the contract will not be concluded.

5. Prices

(1) All prices quoted by the organizer in the online shop or in a written offer are net prices excluding the applicable statutory value-added tax.
(2) If additional costs are incurred in addition to the stated final prices within the scope of a Networking Storecheck or an Individual Storecheck with a personal city guide, these are stated in the service description of the respective product and are to be borne by the customer himself.
(3) Costs for the use of public transport during a Networking Storecheck or an Individual Storecheck with a personal city guide are already included in the price.

6. Services and changes to Services

(1) The scope of the contractual services results from the service description of the organizer. Additional agreements require written confirmation by the organizer. 
(2) The omission of individual parts of the service does not entitle the customer to withhold the contractual amount or to deduct part of it, insofar as this is for reasons for which the organizer is not responsible. If the organizer is responsible for the discontinuation of individual services, he has the right to replace these services with equivalent other services. The organizer is obliged to inform the customer thereof. If necessary, the organizer will offer the customer a free rebooking or a free withdrawal.
(3) The customer is not entitled to the provision of transport unless it is explicitly part of a Networking Storecheck or an Individual Storecheck with a personal city guide: Costs for the use of public transport are already included in the price during these Storechecks.
(4) For our documentation provided as a service for Networking Storechecks and Individual Storechecks, we reserve property rights and copyrights. The customer requires our express written consent before passing them on to third parties.

7.  Contract language, Contract Text Storage

The languages available for the conclusion of the contract are German and English. We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

8. Waiting Times

(1) In the case of Individual Store Checks with a personal city guide, if the customer has not arrived at the agreed meeting point within 30 minutes of the agreed date and the organizer has not been informed of a delay on site (e.g. via the mobile number provided when the order was confirmed), the customer shall be deemed not to have arrived at the agreed meeting point with the cost consequence according to Section 9.
(2) Networking store checks begin at the specified time. If the customer does not appear within 10 minutes of the agreed date, the latter shall be deemed not to have appeared with the cost consequence according to Section 9.
(3) The city tour begins at the contractually agreed time. If customers are late, the tour is shortened accordingly and does not exceed the agreed time frame. Unless otherwise agreed with the local guide.
(4) The organiser is entitled to exclude participants from a Networking Storecheck or from an Individual Storecheck with a personal city guide if they are heavily intoxicated and, in the opinion of the local city guide, the danger of committing criminal acts during the tour is justified or has already materialised (causing public nuisance, damage to property, coercion, insults, bodily injury, etc.), i.e. safe conduct of the event is no longer guaranteed. This does not release the excluded participant from his obligation to pay the full agreed price.
(5) Customers with walking disabilities, physical disabilities and wheelchair users are required to indicate this when requesting a Networking Storecheck or an Individual Storecheck with a personal city guide. If they fail to do so, they can be excluded from the tour without replacement if the tour is disproportionately impeded. 

9. Cancellation by the Customer, Rebooking by the Customer, Non-Appearance of the Customer

(1) For cancellations, the receipt of the cancellation declaration by the organizer is decisive. Cancellations by the customer must be made in writing or by e-mail to info@storecheck.international .
(2) For rebooking, the receipt of the rebooking declaration by the organiser is decisive. Changes of booking by the customer must be declared in writing or by e-mail to info@storecheck.international .
(3) For Networking Storechecks the following applies
- Up to the 14th day before the tour: no cancellation fees   
- From the 14th day before the tour 100% cancellation fees of the booking amount
- In case of non-appearance of the customer, i.e. "No Show" or in case of cancellation after the agreed start time of the tour 100% of the booking amount
- Transfers to other Networking Storechecks or Individual Storechecks or the creation of a voucher are possible free of charge up to 48 hours before the tour starts
- Transfers less than 48 hours before the tour starts are not possible
(4) For Individual Storechecks without a personal city guide the following applies
- Up to 3 days after conclusion of contract: no cancellation fees   
- From the 4th day after conclusion of the contract 100% of the booking amount
- Changes of booking to other Individual Storechecks or Networking Storechecks or the creation of a voucher are possible free of charge up to 3 days after conclusion of the contract at the latest
- Rebooking from the 4th day after contract conclusion is not possible
(5) For individual store checks with a personal city guide, the following applies
- Up to 3 days after conclusion of contract: no cancellation fees   
- From the 4th day after conclusion of the contract 100% of the booking amount minus the costs for the personal city guide - From the 14th day before the tour 100% of the booking amount
- If the customer does not show up, i.e. "No Show", or if the tour is cancelled after the agreed start time, 100% cancellation fees of the booking amount
- Changes of booking to other Individual Storechecks or Networking Storechecks or the creation of a voucher are possible free of charge up to 3 days after conclusion of the contract at the latest
- Rebooking from the 4th day after contract conclusion is not possible
(6) If you cancel your contract, we will, in accordance with all the above cancellation conditions, refund to you all payments we have received from you promptly and no later than 14 days from the date we receive notice of your cancellation of this contract. Such refunds will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refunds.
(7) The customer reserves the right to prove that no or less damage has been incurred for the cancellation fees.  

10. Cancellation by the Organizer

(1) The organizer has the right to cancel a booked Networking Storecheck until the start of the tour, if the intended city guide is ill or the weather conditions are extreme and endanger the execution of the tour. The booking amount will not be charged in this case. In this case already paid amounts will be refunded in full. Alternatively, the organizer has the right (if possible at short notice before the actual tour start) to provide the customer with detailed digital documentation for the respective Networking Storecheck, which enables the customer to undertake the Networking Storecheck independently on the basis of exact city maps and directions: In this case, the customer receives a 50% refund of the payment made. If a Networking Storecheck has to be cancelled due to unforeseeable reasons, e.g. force majeure, misfortune, weather conditions etc. during its execution, the customer will receive 50% of the payment made refunded. If the tour is cancelled by the customer, he has no right to a refund of the booking amount.
(2) For Individual Storecheck with a personal city guide, the following applies: The organizer has the right to cancel the optionally booked additional service of the personal city guide until the start of the tour if the intended city guide is ill or if the weather conditions are extreme and endanger the execution of the tour. In this case, the booking amount will be reduced by the cost of the personal guide. In this case, any amounts already paid for the personal guide will be refunded in full.
(3) In an Individual Storecheck with a personal city guide, the customer has the actual main service at his disposal even before the tour starts, namely detailed digital documentation for the respective Individual Storecheck, which enables the customer to carry out the Individual Storecheck independently without a personal city guide on the basis of exact city map sections and directions: This main service is therefore considered to have been fulfilled even without an available personal city guide.
(4) The organiser has the right to cancel a booked Individual Storecheck with or without a personal city guide up to one week before the agreed date if the organiser is unable to provide the main service, a detailed digital documentation for the respective Individual Storecheck, on time due to illness or other unjustifiable reasons. In this case, the booking amount will not be charged. In this case, any amounts already paid will be refunded in full. Alternatively, the customer has the option of accepting a later performance date: In this case, if the completion date of the main service is postponed by a maximum of 1 week, the amount paid will be reduced by 25%; if the date is postponed by more than 1 week, the amount paid will be reduced by 50%.

11. Right of Withdrawal

With regard to the contracts offered in the online shop of the organizer, private end customers (consumers within the meaning of § 13 BGB) are entitled to a statutory right of revocation.
The legal right of revocation does not apply to the following contracts:
- Contracts for the provision of services in the areas of accommodation for purposes other than for residential purposes, the carriage of goods, the hiring of motor vehicles, the supply of food and drink and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision of such services (§ 312g (2) sentence 1 no. 9 BGB), if these are not travel services under § 651a BGB.
- Contracts for the carriage of persons (§ 312 Para. 2 No. 5 BGB)
Since the services offered by the organiser (group tours, individual tickets) are from the field of leisure activities with a specific date, the customer has no right of revocation.

12. Liability

Customers of STORECHECK.INTERNATIONAL always carry out all tours at their own risk. The organizer and his vicarious agents are only liable for intent and gross negligence and for the violation of essential contractual primary obligations, i.e. such obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely ("essential contractual obligations").  In the event of a slightly negligent breach of material contractual obligations, the liability of the Organiser shall be limited to contractually typical and foreseeable damages. This limitation of liability does not apply to damage caused by injury to life, limb or health. Otherwise claims for damages are excluded. The organizer is not liable for the consequences of force majeure. This includes orders by authorities, civil unrest, terrorist attacks, fire, floods, power failures, accidents, storms, strikes, lockouts or other industrial action which affect the services of the organizer or third parties commissioned by the organizer.

13. Out-of-Court Settlement of Disputes

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr . You can find our e-mail address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.

14. Choice of Law, Final Provisions

(1) The following applies to entrepreneurs: German law applies exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods..
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if he does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive, also international place of jurisdiction for all disputes arising from the business relationship between the organizer and the customer shall be Berlin.
(3) If one of the above provisions is invalid in whole or in part due to statutory provisions, regulations or changes in the law, all other provisions shall remain unaffected and shall continue to apply in full.

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