General Terms and Conditions for End Customers

The following general terms and conditions apply to all agreements, offers, contracts and deliveries. They are deemed accepted upon placing an order or accepting delivery. Any terms and conditions deviating from these provisions shall only be valid if agreed with us and confirmed in writing.

§ 1 Scope and Provider

(1) These General Terms and Conditions apply to all orders placed via the online shop “Kopf & Steine Shop” operated by:

Kopf & Steine GmbH
Eduardstraße 46
20257 Hamburg
Germany

Represented by: Frank Diekmann (Managing Director) and Claudio Urban (Managing Director)

Phone: +49 40 8000 609 0
Fax: +49 40 8000 609 22
Email: info@kopfundsteine.de

Commercial Register No.: HRB 105 604 (Hamburg Local Court)
VAT ID: DE259937441

Any General Terms and Conditions of the customer that deviate from our General Terms and Conditions shall not apply unless we expressly agree to them.

(2) The contract text is available exclusively in German and English.

(3) The contract text is available here at all times for printing.

(4) The contract text is available here at all times for saving.

(5) We will send you the contract text.

(6) Entering into a contract requires the customer to be at least 18 years old. Minors require the consent of their legal representative. By placing the order, the customer confirms that they are of legal age or that the required consent has been obtained.

§ 2 Conclusion of Contract

(1) Our offers on the internet constitute a non-binding invitation to customers to order goods or services. By submitting the order on our website by clicking the “Buy now” button, the customer makes a binding offer to enter into a contract.

(2) Confirmation of receipt of the order is sent immediately after the order has been submitted and generally does not yet constitute acceptance of the contract.

We may accept the offer within 10 working days by sending a written order confirmation or an order confirmation in text form, such as by fax or email, whereby receipt of the order confirmation by you is decisive; by delivering the ordered goods, whereby receipt of the goods by you is decisive; or by requesting payment after the order has been placed, for example via PayPal or Klarna.

If more than one of the above alternatives applies, the contract is concluded at the point at which the first of these alternatives occurs. If we do not declare acceptance within the aforementioned period, this shall be deemed a rejection, with the consequence that you are no longer bound by your declaration of intent.

(3) When an offer is submitted via the provider’s online order form, the contract text is stored by the provider and sent to the customer after submission of the order together with these General Terms and Conditions in text form, for example by email, fax or letter.

In addition, the contract text is archived on the provider’s website and may be accessed free of charge by the customer via their password-protected customer account using the relevant login details, provided that the customer created an account in the provider’s online shop before submitting the order.

(4) Before submitting a binding order via the provider’s online order form, the customer may correct their entries at any time using the usual keyboard and mouse functions.

In addition, all information entered is displayed again in a confirmation window before the binding order is submitted and may also be corrected there using the usual keyboard and mouse functions.

§ 3 Prices, Payment and Default

(1) The prices displayed on our website at the time the order is placed shall apply. All prices include statutory VAT and exclude the respective shipping costs stated.

(2) Payment may be made in advance, via Klarna, PayPal or SEPA direct debit, provided that the respective payment method is offered during the checkout process.

If advance payment has been agreed, payment is due immediately after conclusion of the contract.

If SEPA direct debit is selected, the invoice amount becomes due once a SEPA direct debit mandate has been issued, but not before expiry of the advance notification period.

The direct debit will be collected when the ordered goods leave the provider’s warehouse, but not before expiry of the advance notification period.

Advance notification (“Pre-Notification”) means any communication from the provider to the customer, such as an invoice, policy or contract, announcing a debit via SEPA direct debit.

If the direct debit cannot be processed due to insufficient funds or incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer shall bear the fees incurred by the respective bank for the returned direct debit, provided that the customer is responsible for the issue.

(3) If the customer defaults on payment, we are entitled to charge interest on arrears at a rate of five percentage points above the base interest rate of the European Central Bank.

If we claim additional damages caused by the delay, the customer may demonstrate that the claimed damages were either not incurred at all or were incurred in a lower amount.

§ 4 Packaging and Shipping Costs

Shipping costs apply.

The amount of the shipping costs depends on the shipping method, the delivery address, whether within or outside Germany, and whether tickets, posters or shirts are ordered.

The applicable shipping costs and, where relevant, payment fees will be displayed in a binding manner during the checkout process before the order is finally submitted.

§ 5 Delivery Conditions

(1) Deliveries are made by Deutsche Post AG from Monday to Saturday.

(2) Delivery within Germany generally takes 1 to 2 working days after dispatch. Deliveries outside Germany generally take 2 to 5 working days after dispatch.

Current processing or shipping times that may differ from these estimates, for example during periods of seasonally high order volumes, will be displayed separately on the order page or during the checkout process and do not form part of these General Terms and Conditions.

You will be notified as soon as your order has been dispatched.

(3) If not all ordered products are in stock, we are entitled to make partial deliveries at our own expense, provided this is reasonable for you.

(4) If delivery of the goods fails despite three delivery attempts, we may withdraw from the contract. Any payments already made will be refunded without undue delay.

(5) If the ordered product is unavailable because our suppliers have failed to supply us with the product through no fault of our own, we may withdraw from the contract.

In this case, we will inform you without undue delay and, where applicable, offer to supply a comparable product.

If no comparable product is available or you do not wish to receive a comparable product, any payments already made will be refunded without undue delay.

(6) In the event of a lost ticket, a replacement ticket may only be issued if the lawful purchase can be proven beyond doubt, for example by providing the order confirmation and proof of payment. There is no entitlement to a replacement ticket.

(7) Commercial resale of tickets above their face value and resale via unauthorised platforms are prohibited. Violations may result in the respective ticket being invalidated.

§ 6 Payment Terms

(1) Payment may be made in advance, via Klarna bank transfer or PayPal, provided that the respective payment method is offered during the checkout process.

(2) In the case of advance payment or payment via PayPal, tickets and/or items will be dispatched once payment has been received.

After completing the order process, we will send an automatic order confirmation containing all relevant bank transfer information.

Please make sure to include your order number when making the bank transfer. An automatic order confirmation can only be sent if the email address provided is correct.

(3) You shall only be entitled to offset claims if your counterclaims have been legally established by a final court decision, are undisputed or have been acknowledged by us in writing.

(4) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

§ 7 Retention of Title

(1) In relation to consumers, the provider retains ownership of the delivered goods until the full purchase price owed has been paid.

(2) In relation to businesses, the provider retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

(3) If the customer is acting as a business, they are entitled to resell goods subject to retention of title in the ordinary course of business.

All claims arising against third parties as a result of such resale are assigned by the customer to the provider in advance in the amount of the respective invoice value, including VAT.

This assignment applies regardless of whether the goods subject to retention of title are resold before or after processing.

The customer remains authorised to collect the claims even after the assignment. The provider’s authority to collect the claims itself remains unaffected.

However, the provider will not collect the claims as long as the customer meets their payment obligations towards the provider, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

§ 8 Delivery, Transfer of Risk and Default of Acceptance

(1) Delivery times are specified in the respective offers. The commencement of the delivery period stated by us is subject to the customer fulfilling their obligations correctly and on time, in particular providing the correct delivery address when placing the order.

(2) If the provider is unable to deliver the ordered goods through no fault of its own because the provider’s supplier has failed to fulfil its contractual obligations, the customer will be informed without undue delay that the ordered goods are unavailable.

Any payments already made by the contractual partner will be refunded without undue delay. The customer’s statutory rights remain unaffected.

(3) In relation to businesses, the risk of deterioration or loss of the goods passes to the customer when the goods are handed over to the carrier.

If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk passes to the customer on the date on which the customer is informed that the goods are ready for dispatch.

(4) If the customer defaults on acceptance or culpably breaches other obligations to cooperate, we are entitled to claim compensation for any resulting damage, including additional expenses.

Further claims remain unaffected.

This does not apply if the customer validly exercises their right of withdrawal, if the customer is not responsible for the circumstances that made delivery impossible, or if the customer was temporarily prevented from accepting the service offered, unless the provider had announced the service a reasonable period in advance.

(5) Interest is payable on the purchase price during the period of default. The interest rate is five percentage points per annum above the base interest rate.

For transactions between businesses, the rate is nine percentage points above the base interest rate.

(6) The customer remains entitled to demonstrate that no loss has been incurred in the amount claimed or that the loss incurred was significantly lower.

The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point at which they are in default of acceptance or payment.

§ 9 Right of Withdrawal and Return of Tickets

Consumers generally have a statutory right of withdrawal.

Details can be found in our withdrawal policy, which can be viewed and accessed here:

https://www.kopfundsteine.de/wp-content/uploads/2023/05/KuS_Widerruf_2023.pdf

However, exchanges and returns of admission tickets are generally excluded.

Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), the statutory right of withdrawal does not apply to services relating to leisure activities, in particular admission tickets for events.

This means that there is no right of withdrawal when purchasing admission tickets. Every ticket order is binding and obliges the customer to accept and pay for the tickets ordered.

§ 10 Rights of the Organiser

The organiser may relocate the event or change its date up to one week before the event begins, provided that this is reasonable for festival visitors.

If the event is postponed, including repeated postponements, or rescheduled following cancellation or interruption, the tickets for the event remain valid.

Festival visitors may request reimbursement of the face value of their admission ticket if, in the individual case, the postponement or rescheduling of the event is unreasonable for them.

The reasons why this is unreasonable must be provided in writing to ticketshop@kopfundsteine.de.

The fact that an event has been postponed repeatedly does not in itself constitute unreasonableness.

Programme changes must be communicated to festival visitors as early as possible.

Cancellations and changes may also be made after the festival has begun for material reasons.

Programme changes generally do not give rise to claims for damages by festival visitors.

The organiser exercises domiciliary rights throughout the entire festival site. These rights may also be exercised and enforced by third parties commissioned by the organiser.

The organiser reserves the right to cancel the event at short notice due to force majeure, in particular severe weather warnings or threats of terrorist attacks.

If the event is cancelled due to force majeure, there is no entitlement to a refund of the ticket price.

Video and photographic recordings will be made during the event and may be used by the organiser and third parties commissioned by the organiser. Participation in the event and/or purchasing a ticket constitutes consent to this.

Further information regarding the processing of personal data, including photographs and video recordings, can be found in our Privacy Policy at:

https://kopfundsteine.shop/privacy

For disputes arising on a contractual or statutory basis, Hamburg shall be agreed as the place of jurisdiction to the extent legally permissible.

The law of the Federal Republic of Germany applies.

§ 11 Transport Damage

If goods are delivered with obvious transport damage, please report such damage to the delivery provider immediately and contact us as soon as possible.

Failure to comply with this request does not affect your statutory rights regarding defects or any other consumer rights.

§ 12 Warranty

The statutory warranty provisions apply.

§ 13 Liability

(1) We shall be liable without limitation, regardless of the legal basis, in cases of intent or gross negligence; in cases of intentional or negligent injury to life, body or health; on the basis of a guarantee, unless otherwise stipulated in this respect; or on the basis of mandatory liability, for example under the German Product Liability Act.

(2) If we negligently breach an essential contractual obligation, our liability shall be limited to the typical and foreseeable damage arising from the contract, unless liability is unlimited pursuant to the preceding paragraph.

Essential contractual obligations are obligations imposed on us by the contract that are necessary to achieve the purpose of the contract, whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the customer may regularly rely.

(3) In all other cases, our liability is excluded.

(4) The above liability provisions also apply with regard to the liability of our vicarious agents and legal representatives.

§ 14 Final Provisions

(1) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid.

The relevant statutory provisions shall apply in place of the invalid provision.

(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not deprive a consumer of mandatory consumer protection provisions applicable to them.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of Kopf & Steine GmbH in Hamburg shall have jurisdiction, unless exclusive jurisdiction exists for the dispute.

The same applies if the customer does not have a place of residence within the European Union.

§ 15 Miscellaneous

(1) Liability for links: The Hamburg Regional Court ruled in a judgment (Ref. 312 O 85/98) that website operators may be held jointly responsible for the content of websites to which they link.

To prevent this, Kopf und Steine GmbH expressly distances itself from the content of all external websites linked to from this online shop.

Should the content of any linked website nevertheless violate applicable law, please notify us immediately. The relevant link will then be removed without undue delay.

(2) Copyright: All pages of the online shop, their designs, and every selection and layout are protected by copyright held by Kopf und Steine GmbH.

Kopf und Steine GmbH permits the copying or reproduction, including printing on paper, of the entire online shop or parts thereof exclusively for the purpose of placing an order in the online shop or using it as a shopping facility.

In particular, reproduction, inclusion in online services and copying onto data storage media are only permitted with the prior written consent of Kopf und Steine GmbH.

We accept no liability for unsolicited manuscripts or photographs.

Last updated: July 2026