(As of 18 March 2024)
1.1 For the purchase of tickets, evening rate tickets and admission vouchers for visiting the STIHL Brand World, in accordance with Section 8 (hereinafter “Products”), via www.markenwelt.STIHL.de (hereinafter: “Online Ticket Shop”) and for purchases at the museum counter, the following General Terms and Conditions (hereinafter “GTC”) apply between ANDREAS STIHL AG & Co. KG, registered under HRA 260269 in the Commercial Register of the District Court of Stuttgart, Germany (hereinafter “STIHL”) and the customer.
1.2 The General Terms and Conditions govern the details of the contractual relationship between STIHL and customers and also contain important consumer information. Customers are able to access the GTC when placing an order, via links on the website and in the sales process; customers can save the GTC on their computer and/or print them out. The GTC applicable to the order will be sent to customers again separately, together with the contract confirmation, via a permanent data medium (by email).
1.3 The version of the GTC applicable at the time of conclusion of the contract shall be decisive.
1.4 The STIHL Brand World house rules apply in the building and on the premises of STIHL Brand World.
2.1 Customers may initially place the Products in the shopping cart without obligation and can view and correct their selection at any time before they submit their binding order, by means of the correction aids which are provided for the purpose and explained in the ordering process.
2.2 A binding purchase is only made by the customer when the customer orders the selected Products by submitting the fully completed order details in the order screen. The order is placed by clicking the “Place order and commit to pay” button provided at the end of the order process. Orders are binding for customers for five (5) days starting from the date on which the order is sent (when the “Place order and commit to pay” button is clicked).
2.3 After placing the order, the customer receives an automatic confirmation of receipt by email, which once again states the content of the order (order confirmation). This automatic order confirmation does not constitute acceptance of the purchase, but merely documents that the order has been received by STIHL.
2.4 STIHL is entitled to limit orders to the typical household volume. This refers both to the number of Products ordered in one go and to multiple orders of the same Product, where each individual order includes a typical household volume.
3.1 STIHL can accept the customer’s order by sending the Products by email within five (5) days (contract conclusion). If the customer has not received a confirmation of sending or collection notification within 5 days of sending their order, they are no longer bound by their order. In this case, any services already provided will be immediately refunded by STIHL.
3.2 In deviation from section 3.1., a binding contract may also be concluded beforehand:
even if STIHL has not yet declared acceptance of the contract within the meaning of section 3.1.
Consumers generally have a statutory right of withdrawal when concluding a distance sales transaction.
In accordance with Section 312 g (2) Sentence 1 No. 9 German Civil Code (Bürgerliches Gesetzbuch, “BGB”) no statutory right of withdrawal for consumers exists where the contract concerns tickets that are booked for a specific date or period for a visit to STIHL Brand World.
In this case, any order for tickets is therefore binding immediately after confirmation by STIHL in accordance with section 3.1, and the customer is obliged to accept and pay for the tickets ordered.
The following applies for all other contracts with consumers:
4.1 Withdrawal Policy
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the final items.
To exercise your right of withdrawal, you must notify us (ANDREAS STIHL AG & Co. KG, Badstraße 15, 71336 Waiblingen, Germany, phone: +49 7151 26-0, email: markenwelt@stihl.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You may use the template withdrawal form attached in 4.3. for this purpose, but it is not mandatory to do so.
For compliance with the withdrawal period, it is sufficient to send the notification that you are exercising the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery type other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will make this refund using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this refund.
We may refuse to make the refund before we have received the goods back or you have provided proof that you have returned the goods, whichever comes sooner.
You must send back or hand over the goods to us (Stihl Vertriebszentrale AG & Co. KG, Robert-Bosch-Str. 13, D-64807 Dieburg) without delay, and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is considered met if you send the goods before the fourteen-day period expires.
We will bear the cost of returning the goods.
You must only pay for any loss of value of the goods if this loss of value is attributable to handling of the goods beyond what is necessary to check the nature, properties and functioning of the goods.
4.2 Exclusion/expiry of the right of withdrawal
In accordance with Section 312g (2) BGB, there is no right of withdrawal in some circumstances including for contracts concerning the supply of goods which are not prefabricated and which are manufactured on the basis of an individual selection or specification from the consumer, or which are uniquely tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, cannot be returned if their seal has been removed after delivery as well as in the case of contracts for the delivery of audio recordings, video recordings or computer software in sealed packaging, if the seal has been removed after delivery.
4.3 Template withdrawal form
STIHL includes the following information on the template withdrawal form in accordance with statutory regulations. However, using this template form is not mandatory.
Template withdrawal form:
(If you wish to withdraw from the contract, please complete and return this form.)
_________________________________________________
To
ANDREAS STIHL AG & Co. KG
Badstraße 115
71336 Waiblingen
Germany
Tel.: +49 7151 26-0
E-Mail: markenwelt@stihl.de
–
I/we (*) hereby withdraw from the contract I/we (*) concluded for the purchase of the following goods (*)/ the provision of the following service (*)
–
Ordered on (*)/received on (*)
–
Name of consumer(s)
–
Address of the consumer(s)
–
Signature of the consumer(s) (only required for paper notifications)
_________________________________________________
5.1 The prices stated by STIHL are final prices in euros (including statutory VAT).
5.2 The following payment options are available to customers:
5.2.1 VISA/MasterCard credit card: if you pay by VISA or MasterCard credit card, your credit card will be debited when your order is completed.
5.3 STIHL is entitled to send the invoice as an electronic invoice (invoice issued in an electronic format, e.g. as a PDF document) to the customer by email. Customers can request the invoice during the order process using the “Request invoice” button.
5.4 In the event of a refund, for the payment option
(a) “Credit Card”, the refund is issued to the credit card account used; it should be noted that the date of crediting depends on the respective credit card institution.
The Products ordered in the online ticket shop are created in an electronic format, e.g. as a PDF document, and sent to customers by email. This refers to Print@Home tickets and mobile tickets (QR code).
After the payment process is successfully completed, customers are directed to the ordered products via a link to open a PDF document or download it to a smartphone or tablet. The ordered Products are sent as electronic tickets at the same time as the order acceptance and invoice, to the email address provided by the customer.
7.1 To be admitted, the customer must print out the relevant Product or present it in digital form on the display of a smartphone, tablet or similar, in a form that can be read digitally. The QR code is invalidated during access control. A ticket which has already been presented by another person will not allow any further admission.
7.2 Admission with a discounted ticket, evening rate ticket or admission voucher is only granted with corresponding proof of entitlement to the discount.
8.1 Tickets
Tickets entitle guests to entry on the booked date during regular opening hours.
8.2 Evening rate tickets
Evening rate tickets entitle you to access STIHL Brand World on the date booked from 4:30 p.m.
8.3 Admission vouchers
Admission vouchers entitle visitors to admission on any day during regular opening hours.
They are valid for three years, with this validity period beginning at the end of the year in which they were purchased.
The value of the admission voucher will not be paid out in cash or be subject to interest. No compensation will be provided for loss of the admission voucher.
Any refund within the framework of an effectively asserted withdrawal pursuant to section 4 shall remain unaffected by this.
The statutory provisions apply in respect of liability for material defects and limitations.
10.1 STIHL is only liable for damages
a) in the event of intent and gross negligence; or
b) in the event of culpable injury to life, limb or health; or
c) if a defect has been fraudulently concealed; or
d) in the context of any guarantee commitment; or
e) in the case of liability under the Product Liability Act (Produkthaftungsgesetz); or
f) in the event of a culpable breach of material contractual obligations (i.e. those whose fulfilment is a prerequisite for the proper performance of the contract and on whose compliance the customer may regularly rely), even where this is a slightly negligent breach, but then limited to the contractually typical and reasonably foreseeable damages.
10.2 The limitation of liability also applies to claims for reimbursement of expenses pursuant to Section 284 BGB.
10.3 In all other respects, claims for damages against STIHL are excluded, regardless of the legal basis.
The tickets and vouchers offered in the online ticket shop for visiting STIHL Brand World are exclusively aimed at adults.
12.1 All legal relationships between STIHL and its customers are governed by the laws of the Federal Republic of Germany to the exclusion of laws on the international sale of movable goods, known as the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980.
12.2 The aforementioned choice of jurisdiction does not restrict the mandatory protection from foreign consumer law that would apply to the contractual relationship with the customer without the choice of jurisdiction.
13.1 The EU Commission provides an internet platform for online dispute resolution (the “ODR platform”). The ODR platform serves as a point of contact for the out-of-court resolution of disputes relating to contractual obligations arising from online purchase contracts. The ODR platform can be accessed at the following link: https://ec.europa.eu/consumers/odr.
13.2 The STIHL email address can be found in the contact details or site information. However, STIHL is neither willing nor obliged to settle disputes with consumers before an arbitration board.
14.1 If the customer is a commercial entity, the STIHL registered office shall be the place of performance for all obligations arising from the contractual relationship with STIHL.
14.2 Insofar as the customer is a commercial entity or does not have a general place of jurisdiction in Germany, Stuttgart shall be the place of jurisdiction – to the extent permitted by German law – for any disputes arising from or in connection with the contractual relationship.
When processing the personal data of customers, including contract data (e.g. order, delivery, invoice and payment information) STIHL complies with the legal provisions. Details can be found in the data protection information: https://www.markenwelt.stihl.de/de/footer/datenschutz