Part I — For all customers
§ 1 Scope
(1) These Order Terms apply between the operator of the platform (Provider: Sebastian Reinhardt, Einlasshelden.de, Peperkamp 2, 25451 Quickborn, Germany; further details in the legal notice of the respective brand, “Einlasshelden” or “GateHeroes”) and the holder of the customer account (Customer) to every purchase of paid services via the platform, regardless of the payment method. They apply to traders and consumers alike, including purchases on invoice and services that the Provider creates or adds for the customer account. If the Provider creates a purchase for a consumer, § 14 para. 3 applies accordingly.
(2) The Customer may be a trader (section 14 of the German Civil Code, BGB) or a consumer (section 13 BGB). The capacity in which the Customer purchases is determined under § 11. If the Customer is a consumer, Part II applies in addition; it takes precedence over the other provisions.
(3) The use of the platform is additionally governed by the Terms of Use, in particular their usage rules and liability provisions.
§ 2 Payment methods, conclusion of the contract, price
(1) Which payment methods are available depends on the country stored in the customer account. Customers based in Germany pay via the payment service provider Stripe; the Provider offers purchase on invoice only to customers with their registered office or residence in Germany whose customer account it has activated for this, to traders and consumers alike. Customers based outside Germany pay via Stripe Managed Payments (§ 3). The available payment methods are shown at the start of the ordering process.
(2) By submitting the order, the Customer makes a binding offer. The contract is concluded only when the Provider accepts the offer. Acceptance takes place through the activation of the service, i.e. at the time from which the service is available in the customer account (quotas, guest places and e-mail volumes are visible, the Customer can set up and use the service). By way of derogation, if an instant payment method is selected, the contract is already concluded at the time the Customer confirms the payment instruction. Instant payment methods are payment by card (including via Apple Pay and Google Pay), via Link, via Amazon Pay and via PayPal, in each case via Stripe; the ordering process shows those available at the start (paragraph 1). Otherwise, neither a mere confirmation of receipt of the order nor the order confirmation constitutes an acceptance. Until acceptance, the Provider may reject the order. With an instant payment method, the Provider may rescind the contract after its conclusion only if a) the activation is technically impossible, b) the purchased service already exists for the same event, the same event group or the same target (duplicate purchase), c) the event or the workspace for which the purchase was made no longer exists, d) the Customer has terminated the customer account, even if the contract is still running after a termination “at the end”, or the contract for the customer account has ended, e) the payment is received only after the ordering process ended without being completed, f) there is a justified suspicion of abuse (e.g. payment with a stolen card); the Provider informs the Customer of the reason. If the Customer has already paid and the order is rejected or the Provider rescinds the contract, the Provider refunds the amount without undue delay.
(3) The price confirmed by the Customer when submitting the order is authoritative. If at that moment the price differs from the price previously displayed, no order is made; the Customer is informed of the new price and may confirm it anew. If the Provider changes its prices between submission and acceptance, the confirmed price remains for this order; the Provider may instead reject the order under paragraph 2. The conversion into another currency by the payment processor (§ 3) is not a price change in this sense.
(4) All prices are final prices including VAT.
(5) If the Provider does not reject the order (with an instant payment method: does not rescind the contract under paragraph 2), the platform activates the service automatically: for a purchase on invoice upon submission of the order, with an instant payment method immediately after confirmation of the payment instruction, with the other payment methods as soon as the payment has been completed. Activation is never deferred until the withdrawal period has expired; this also applies to a consumer who has not made the request under § 14 para. 1. For such a consumer, the steps with external effect (§ 14 para. 4) are on hold until the request is made or until the withdrawal period expires.
§ 3 Purchases via Stripe Managed Payments
(1) For purchases via Stripe Managed Payments (marked “Sold through Link”), Sold through Link, LLC, a company of the Stripe group, processes the payment as merchant of record. The payment process, VAT, the payment receipt, refunds and the cancellation of the payment transaction are additionally and to that extent with priority governed by Stripe's “Sold Through Link Terms” (https://link.com/terms), which the Customer accepts in the checkout. The services of the platform are governed by these Order Terms.
(2) The payment receipt or invoice for these purchases is issued by Sold through Link, LLC. The Provider does not issue its own invoice for them; § 4 paras. 1 to 3 do not apply to that extent.
(3) Refunds may also be made by Sold through Link, LLC in accordance with its refund policy. Statutory rights of the Customer, in particular the consumer's right of withdrawal (§ 13), remain unaffected.
(4) Chargebacks are handled by Sold through Link, LLC. The activation of the services paid for with such a payment is subject to the condition subsequent that the payment to Sold through Link, LLC remains permanently effective (section 158 para. 2 BGB); if an amount is charged back, the activation lapses. Otherwise, § 8 applies accordingly, with the exception of § 8 para. 1, para. 3 sentence 2, para. 7 and para. 8. If the chargeback ends against the Provider, by way of derogation from § 8 para. 6 there is no settlement: the revocation of the services remains in place, and the block under § 8 para. 4 remains in place until the Provider lifts it. A refund within the meaning of § 9 also includes a refund by Sold through Link, LLC.
§ 4 Invoices, purchase on invoice, refunds
(1) The Customer agrees to receive invoices, invoice corrections and cancellation invoices exclusively in electronic form. The Provider sends them to the contact e-mail address of the customer account (§ 10) or, if none is stored, to the address the Customer uses to sign in, and makes them available for retrieval in the customer account.
(2) For a purchase on invoice, the invoice states a fixed due date; it is the invoice date plus 7 days. The Customer pays by that day. Upon expiry of that day, the Customer is in default without a formal reminder (Mahnung; section 286 para. 2 no. 1 BGB). On invoices to consumers, the Provider additionally points out that the consumer is in default no later than 30 days after the due date and receipt of the invoice (section 286 para. 3 BGB).
(3) The Provider decides on refunds; § 3 para. 3 remains unaffected. Statutory rights of the Customer, in particular the consumer's right of withdrawal (§ 13) and rights in respect of defects, remain unaffected. If the Provider refunds a payment in whole or in part, the Customer receives an invoice correction; the original invoice remains unchanged. If an invoice is cancelled, the Customer receives a cancellation invoice. A chargeback does not change the invoice.
(4) A refund or the cancellation of an invoice does not automatically lead to the revocation of the service; the Provider decides on this under § 9. After a withdrawal from the contract, the service ends with the withdrawal.
§ 5 Change to a larger package (upgrade)
(1) Guest packages are purchased per event. A further package for the same event is only possible as a change to a larger tier (upgrade). As long as there is a package purchase for the event whose payment has not yet been completed, no further package can be purchased for that event.
(2) For an upgrade, the Customer pays the price of the new tier less a credit for the previous package. Only what the Customer actually paid for the previous package is credited, less refunded and charged-back amounts, at its value at the time of the original purchase. For a purchase on invoice, the credit is given only once the payment has been received by the Provider. Services activated free of charge (§ 7) are not credited. There is no downgrade with a refund.
(3) If the credit covers the price of the new tier, the upgrade is not possible via the platform; the Customer may contact the Provider.
(4) If the price of an upgrade is based on the credit of an earlier payment, the credit is part of its price. If the earlier payment is charged back, this part is missing; the Provider then also retains the upgrade under § 8, even if the rest of the price was paid with another payment.
§ 6 Domain package (custom domain)
(1) With a domain package, the Customer can connect a custom domain to its landing pages. A domain package is valid for twelve months; the term is a property of the domain package. A domain package is included in guest packages from the tier, and in purchases of guest capacity from the quantity, that the pricing page specifies for this. Otherwise, the Customer may purchase it per domain as an add-on. An included domain package is valid for twelve months from the activation of the purchase that includes it, for a domain of the Customer's choice; its term also begins if the Customer has not yet chosen a domain. A domain package purchased as an add-on is valid for twelve months from activation. If a domain package is active for this domain at the time of purchase, the purchase is a renewal: the new domain package is valid for twelve months from the end of the active one; the ordering process names it as a renewal with start and end. A renewal is only made by a domain package purchased in this way; an included domain package does not renew an active one, even if the Customer chooses it for the same domain. Each period is stated at the time of purchase and does not change afterwards, even if another purchase lapses; only the Customer itself can change it at its express request (for example, having a further purchased domain package start immediately), which the Provider confirms by e-mail. At the express request of the Customer, the remaining term of the domain package of a domain that the Customer has removed may also be attached as a renewal to the domain package of another domain; the Provider states the start and end beforehand and confirms the change by e-mail. Attaching is excluded as long as the customer account has been terminated or is blocked under § 8 para. 4; for a domain without an active or purchased domain package, the remaining term can continue to be used. There is no automatic renewal; the Provider reminds the Customer 30 and 7 days before the domain package expires by e-mail and in the customer account. There is no reminder by e-mail as long as the customer account has been terminated, if the Provider has revoked the domain package or the purchase that includes it or has accepted a termination of the domain package for good cause, or for a domain package that is not assigned to any domain.
(2) An included domain package remains included even if guest places are used up. It lapses if the purchase that included it is revoked.
(3) If the Provider revokes this purchase for a reason other than a chargeback, the domain remains reachable until the end of the seventh calendar day after the revocation, 23:59 (time zone Europe/Berlin). If the Customer completes the purchase of a domain package for the domain as an add-on by then, it remains reachable without interruption; the purchase is then a renewal by twelve months from the end of this period and is named as such at the time of purchase. If the revocation is later lifted, both periods remain as they are. If the revocation is based on an error by the Provider, the Provider refunds the price of the subsequently purchased domain package pro rata for the time covered twice. If the purchase is revoked because of a chargeback, the domain is no longer reachable with immediate effect.
(4) If no domain package is included or purchased for the domain, or if it has expired, the domain is no longer reachable via the platform, and e-mails to guests are sent with the Provider's sender address. Replies from guests then no longer reach the Customer's mailbox. If the service is released again or a domain package is purchased for the domain, the Customer's sender address applies again.
(5) Ordinary termination of a domain package before the end of its term is excluded; the right to terminate for good cause remains unaffected. Consumers may also declare the termination via the button “Cancel contracts here”.
§ 6a Recap
(1) The Customer may purchase a Recap for a landing page, together with the landing page or up to 30 days after the end of its service period (§ 12 para. 2 c). With the Recap, the landing page remains reachable after this end, and the Customer can continue to edit its content; registrations are no longer possible.
(2) The Recap is valid for twelve months from the end of the service period of the landing page (§ 12 para. 2 c) or, if it is purchased afterwards, from its activation. There is no automatic renewal; § 6 para. 5 applies accordingly.
(3) If the landing page lapses through withdrawal from the contract, justified revocation of the service or a termination of the landing page, the associated Recap also lapses. The Provider refunds the price for the Recap in full insofar as it has not yet begun, otherwise pro rata as compensation for value.
§ 7 Goodwill
(1) The Provider may activate a service without charge (goodwill). There is no entitlement to this. No invoice is issued for goodwill; it is not a purchase within the meaning of these Order Terms.
(2) The Provider may revoke goodwill like a purchased service. If it is based on the credit of an earlier payment, § 5 para. 4 applies accordingly.
§ 8 Chargebacks
(1) If the Customer has a payment already made reversed via its bank or payment service provider (chargeback), the Provider's claim to remuneration remains in place to the extent it is justified.
(2) A request from the bank or the payment service provider in which no amount has yet been charged back is not a chargeback within the meaning of this section.
(3) If an amount is charged back, the Provider provisionally revokes, with immediate effect, the services paid for with the payment as well as the services under § 5 para. 4 and § 7 para. 2. The provisional revocation is a retention of the service as long as the counter-performance is missing (section 320 BGB); the contract remains in place. The consequences of the revocation are governed by § 9 para. 2. For the events to which a service revoked in this way relates, the export of the guest list, the access codes and the tickets, the creation of new tickets, the import of guests and the creation of new guests are blocked at the same time, including through the acceptance of registrations and registration via the landing page, insofar as a guest is created in the process. Searching, viewing and deleting guests, information on the data of an individual guest and the export of the customer account remain possible; data is not deleted because of this.
(4) At the same time, the purchase of further paid services is blocked for the entire customer account, including purchase on invoice and attaching as a renewal (a purchase for the landing page of an event group under § 12 para. 2 c and the remaining term of a domain under § 6 para. 1). For the events under paragraph 3 sentence 4, the following functions are also blocked: a) activation under § 7 for them, b) the first-time publication of their landing pages, c) increasing the guest capacity allocated to them and buying add-ons for them, including where they are paid from credit already purchased, d) the issuing of new tickets for them, e) the first-time release of the embedding or the form page for them (Terms of Use § 4 para. 3). For the Customer's other events, the functions under sentence 2 remain available; in particular, the Customer may allocate credit and quotas that have not been revoked under paragraph 3 to these events. If the Provider blocks the entire customer account for another reason (§ 9 of the Terms of Use), this remains unaffected.
(5) The block under paragraph 4 does not extend to events already published, including registration via their landing pages, via an embedded form and via the form page where the embedding approval was already set before the block, to access codes and tickets already issued, or to admission control. § 9 para. 2 applies to the services revoked under paragraph 3. The block under paragraph 3 sentence 4 covers only the events named there, not other events of the Customer; access codes and tickets already issued remain valid at admission, and admission control remains unaffected by it. It ends with the release of the revoked service under paragraph 6, and also if the service remains revoked for another reason, as soon as no chargeback is open, or ended against the Provider and not settled, on any of the payments named there.
(6) If the chargeback ends in favour of the Provider or the Customer retracts it, the Provider releases again the services paid for with this payment and the services provisionally revoked under paragraph 3 because of a chargeback on it, as soon as no chargeback is open, or ended against the Provider and not settled, either on this payment or on the payment with which the service was paid or on a payment whose credit bears its price (§ 5 para. 4). If the chargeback ends against the Provider, these services remain revoked until the amounts charged back on this payment have been settled; upon settlement, the Provider releases them again under the same condition. If an event now runs on purchased guest capacity, the package revoked for that event remains revoked; the Provider refunds the amount paid for it. The block under paragraph 4 ends for an event at the same time as the block under paragraph 3 sentence 4 (paragraph 5), unless the Provider imposed it for another reason. The Provider may lift the blocks under paragraph 3 sentence 4 and paragraph 4 earlier at any time, including for individual events only.
(7) The fees charged to the Provider by the payment service provider for a chargeback are borne by the Customer in the amount actually incurred, to the extent the Customer is responsible for the chargeback (e.g. insufficient funds, unjustified objection). The Customer remains entitled to prove that the Provider has suffered no damage at all or that the damage is substantially lower than the fees claimed.
(8) If the Provider upholds an objection to its termination for good cause (§ 12 para. 4 of the Terms of Use), the Customer repays any refund the Provider made because of that termination within 14 days of receiving the repayment claim. If the Provider sends a formal reminder, each formal reminder sets a new period of 14 days; the Provider does not charge reminder fees. If the Customer still has not paid in full by the end of the period of a formal reminder, the Provider may withhold the services from the purchase to which the refund relates until the amount has been paid in full; the contract remains in place, and the consequences are governed by § 9 para. 2. If, while the repayment claim is outstanding, the Provider owes the Customer a refund from the same purchase, it does not pay the refund out but sets it off against the repayment claim; it pays out only any surplus. Once the repayment claim has been settled in full by payment or set-off, the Provider releases the services again.
(9) Further rights of the Provider remain unaffected, in particular the right to terminate for good cause.
§ 9 Revocation of services
(1) Apart from the case of § 8, the Provider is entitled to revoke a service from the Customer if it has refunded the payment for it, the invoice for it has been cancelled or another good cause exists, in particular if the invoice remains unpaid after the due date despite a reminder or the service is used abusively. The Provider announces a revocation for another good cause in advance in text form, except in the case of abuse that requires immediate action. For consumers, § 15 para. 3 applies.
(2) The revocation has the following consequences: a) The guest capacity of the event decreases accordingly; for purchased guest capacity, the credit decreases. b) If the service has already been used, admission control rejects the access codes of the most recently created guests above the remaining capacity. Guests already admitted are not affected. Devices that work without a connection apply the block at the next synchronisation. c) If a landing page is part of the revoked service, it is no longer displayed, and registrations via it are no longer possible; the embedding approval (§ 12 para. 2 h) then remains in place. If the paid package of an event is part of the revoked service and the event then has no paid package any more, the embedding approval ends as well: the registration form accepts no registrations through embedding or the form page. Access codes already issued remain valid unless letter b provides otherwise. d) For a domain package (custom domain), § 6 applies. The Customer alone is responsible towards its guests. If the revocation is based on a circumstance for which the Customer is responsible, the Customer indemnifies the Provider against claims of its guests.
(3) After a revocation, the Customer may purchase the service again, insofar as the platform offers this.
§ 10 Notifications
(1) The Customer keeps a reachable contact e-mail address up to date in the customer account.
(2) The Provider informs the Customer of a revocation, a block, the services affected and the reason without undue delay in text form at this address. If none is stored, to the address the Customer uses to sign in. For consumers, § 15 para. 4 applies.
Part II — Additionally for consumers
§ 11 Purchase as a consumer
(1) A consumer is any natural person who purchases for purposes that are predominantly outside its trade, business or profession (section 13 BGB). An association of private individuals without a commercial or professional purpose also purchases like a consumer, for example a private civil-law partnership (e.g. a graduation committee) or an unregistered association; it sets up a private account and can state the name of the group there. A registered association (eingetragener Verein) and any other legal person is not a consumer.
(2) When setting up the customer account, the Customer chooses whether it sets up the account as a business or organisation (business account) or as a private individual (private account) (account type). Via a business account, the Customer purchases only as a business or organisation; a purchase as a private individual is not possible via it. Via a private account, the Customer chooses with every purchase whether it purchases as a private individual or as a business or self-employed person; “Private individual” is preselected. The Provider records the statement for each purchase on the purchase.
(3) The Provider changes the account type at the Customer's request when the Customer writes to it; the Customer cannot change it itself. The change applies to purchases whose payment process begins after it; a purchase begun earlier keeps the statement recorded for it, even if it is completed only after the change; the same applies to all earlier purchases.
§ 12 Scope of services and service period
(1) The services are digital services: the Provider makes functions of the platform available to the Customer. Which functions a service comprises results from the description on the pricing page and in the ordering process.
(2) An event is completed when the Customer completes it on the platform or the platform completes it itself 48 hours after the end of the scheduled date, the planned end of admission or the last admission scan, whichever is latest. If a consumer wants to complete the event itself within the withdrawal period, the platform first points out that the service is thereby fully performed and that the right of withdrawal expires upon completion. The Customer can use the services in the following periods (service period): a) Guest package: from activation until the completion of the event for which it was purchased. Every event has a scheduled date with a start and an end, which the Customer specifies; the time limits of these Order Terms are linked to the end of the scheduled date, not to the admission window. The guest package covers a scheduled date of up to three calendar days. For a longer scheduled date, the Customer purchases a multi-day package in addition (up to 7, 14 or 31 days); its price is the same for every event, regardless of the number of guests, and is fixed at the time of purchase. When upgrading to a larger multi-day package, the Customer pays the difference between the prices; there is no downgrade with a refund. A multi-day package is only available with a paid package. The multi-day package follows the package in the event of withdrawal from the contract and refund. After the first use of the event (scan, ticket retrieval, start of admission), its start is fixed; at the Customer's request, the Provider may reschedule the event. b) Guest capacity and ticket or outreach quotas: from activation until the quota is used up and the events to which it was allocated have been completed. The price applies for twelve months from the activation of the respective purchase; any remainder still unused after that can be used without further charge. c) Landing page: from activation until the completion of the event for which it was purchased, at the latest 30 days after the day (end of the scheduled date) of that event. The Customer purchases the landing page of an event group once for the group; it comprises the landing pages of all events belonging to the group and is valid until the completion of its last event, at the latest 30 days after its day (end of the scheduled date), at most twelve months from activation. A further purchase for the same group during a running period is a renewal by twelve months from the end of the running period; the period is stated at the time of purchase and thereafter changes only upon a declaration by the Customer (bringing forward or attaching under this letter), not because another purchase lapses. If this creates a gap before a renewal that has not yet begun, the Customer may bring the renewal forward; it then applies from the Customer's declaration for as long as it was purchased: twelve months, or a purchase attached as a renewal for its length. As long as such a gap exists, only bringing forward is possible instead of a further purchase. There is no automatic renewal. The landing page of an event group is a continuing obligation (paragraph 4); § 6 para. 5 applies accordingly. If the Customer takes an event out of the group, its landing page is no longer covered. If, before joining, an event has its own landing page that has never been published and whose service period is still running, its price is credited only against the first purchase for the group, i.e. only as long as there is not yet an effective purchase for the group, and for no more than one landing page (§ 5 para. 2 applies accordingly). If the Customer withdraws from this purchase or the Provider revokes it because of a chargeback, the credited landing page applies again to its event, with its previous service period. If the Customer deletes a group whose landing page was never published, the purchase is retained and can be assigned to another group; its service period continues to run unchanged. If a running or future period has already been purchased for the other group, the Customer can attach the purchase only as a renewal after its end; it is then valid for as long as its remaining term at the time of the declaration. Attaching is excluded as long as the customer account has been terminated or is blocked under § 8 para. 4. A transferred landing page does not fall back to its event in this case. d) Domain package (custom domain): twelve months under § 6 para. 1; e) Recap: twelve months under § 6a para. 2; f) Media storage: twelve months from the activation of the respective purchase; each purchase of further storage has its own service period. The price applies for this period. Thereafter, the storage can be used without further charge as long as the customer account is active. If the Customer does not hold an event on the platform for three years and does not plan one either (inactivity), the entitlement to the free media storage lapses. After two prior warnings in text form, the Provider is entitled to delete the files. The ordering process names the purchase accordingly (e.g. “Media storage (1 year paid, then free of charge permanently)”). The media storage holds the files that the Customer itself publishes (notices, images and videos of its landing pages). Every customer account receives a basic quota without purchase, the size of which is shown on the pricing page; the Customer can purchase further storage in steps of 1 GB. Deletion: the prior warnings under sentence 5 are sent by e-mail to the administrators of the customer account; the notices of a workspace are no longer publicly accessible if no event has been created there that is not completed and none has been completed for two years (without an event: since its creation). g) Guest storage: for the event for which it was purchased (for a multi-day event with one shared registration form for all its days), from activation until the completion of the event. The guest storage holds the files that guests upload during registration. Without purchased guest storage, the registration form of this event does not offer file uploads; the Customer can purchase further storage for the same event. If the purchased storage is full, the upload field is blocked; existing files are not deleted. Deletion: after completion, the files remain stored without further charge until the retention period of the guest list of the event expires and are then deleted; if a file belongs to several events, with the last period. h) Embedding approval: included at no extra charge in every paid guest package, for every event to which purchased guest capacity is allocated, and for every event whose landing page is booked or covered by the landing page of its event group; it applies from the activation of the package, from the allocation or from the coverage by the landing page, in the case of the landing page only as long as it is covered, until the completion of the event, at the latest 30 days after the day (end of the scheduled date) of that event. With it the Customer may embed the registration form of the event on websites whose domain is on the Customer's list of permitted embedding domains and, on request, release it as a form page on the Provider's domain; this requires a legal notice (Impressum) and a privacy policy to have been provided (Terms of Use § 4 para. 3). The free package without a booked or covered landing page has no public registration form, only the test registration. For an event group the Customer may embed the registration form of the group on websites whose domain is on the group's own list of permitted embedding domains, if every event of the group that has not yet been completed has a paid guest package, allocated purchased guest capacity or a covered landing page; this embedding approval ends with the completion of the group's last event, at the latest 30 days after its day (end of the scheduled date). With this end the embedding approval of the group lapses; if the Customer afterwards adds a new event to the group, the Customer sets it again. The landing page of an event and the landing page of an event group are not part of the embedding approval and remain additional services subject to a charge (letter c); if the landing page is booked or covered, the embedding approval is included for it at no extra charge. A Recap (§ 6a) does not extend the embedding approval; after it has ended, the form shows a notice that registration has closed.
(3) After completion, the data and evaluations of the event remain retrievable in the customer account. This is not a service under paragraph 2 but part of the free customer account.
(4) The Provider performs the guest package, guest capacity, ticket and outreach quotas, landing page, media storage and guest storage (paragraph 2 letters a, b, c sentence 1, f and g) as a continuous digital service over the respectively defined service period.
For customers who are traders, the following applies: the service is fully performed regardless of whether and when the event actually takes place and whether the Customer uses the service, except in the case of a disruption for which the Provider is responsible (see below: “For all customers”). The trader bears the risk of the event taking place. For traders, the service period under paragraph 2 only describes how long the Customer has the opportunity to use the service.
For all customers, the following applies: if a service cannot be used as agreed because of a disruption for which the Provider is responsible, the Provider refunds the price of each service affected by it; for a service with a term (custom domain, landing page of an event group, Recap, media storage), it refunds the part of the price attributable to the duration of the disruption, for at least one day. Further rights remain unaffected, and liability is governed by the Terms of Use.
For customers who are consumers, the following applies: insofar as the consumer does not use the service for reasons within its own sphere (e.g. the event is called off for private reasons), the Provider's claim to remuneration remains in place.
Custom domain, Recap and the landing page of an event group (paragraph 2 letters c sentence 2, d and e) are continuing obligations; the Provider performs them continuously over their term.
For a purchase attached as a renewal (para. 2 c) and for a remaining term of a domain attached as a renewal (para. 2 d, § 6 para. 1), the share is measured against twelve months; the time before attaching is deemed performed.
§ 13 Right of withdrawal
Consumers have a right of withdrawal in accordance with the instructions on withdrawal in Annex 1. They may also declare the withdrawal via the “Withdraw from contract” function, which is available on every page of the platform and in the customer account for each purchase.
Which right of withdrawal applies depends on the country of the consumer's habitual residence at the time the contract is concluded; the country in the master data of the consumer's customer account is decisive. For consumers from the European Union and the European Economic Area, Annex 1 applies; for consumers from the United Kingdom, Annex 4. German law does not grant consumers from other countries a right of withdrawal; mandatory rights under the law of their country remain unaffected. The ordering process states this before submission, and so does the order confirmation.
§ 14 Start of the service before expiry of the withdrawal period, expiry of the right of withdrawal, compensation for value
(1) A consumer may expressly request that the Provider begin the service before the withdrawal period expires, and confirm that it knows that in the event of a withdrawal it owes compensation for value for the service performed up to then and that its right of withdrawal expires as soon as the Provider has fully performed the service. The declaration is voluntary; the consumer can also order without it. The consumer makes it via a separate field in the ordering process that is not preselected, or later at the places under paragraph 4; the wording is the same for all purchases and all places. This applies to all payment methods, including purchase on invoice. The Provider records each declaration with the time, the wording displayed and the IP address. When a service is fully performed and when compensation for value is owed is governed by paragraph 2 and § 12 para. 4.
(2) If the consumer has made the request under paragraph 1, the Provider begins performing the service immediately. If the consumer withdraws from the contract within the 14-day period, it owes the Provider reasonable compensation for value for the services already performed up to the time of the withdrawal (section 357a para. 2 BGB). The compensation for value is calculated pro rata from the total price of the service, based on the duration of provision so far in relation to the total term or on the extent of the quotas already used. For these digital services, the right of withdrawal expires only when the Provider has fully performed the service (e.g. through the end of the event or the complete use of the quota). If the consumer has not made the request, it owes no compensation for value in the event of a withdrawal; the Provider refunds the full price. If the consumer has made the request only after the order (paragraph 4), it owes compensation for value only for the service that the Provider has performed from that declaration onwards.
(3) The Provider confirms to the consumer by e-mail, no later than upon activation, the contract, a request under paragraph 1 made when ordering in the wording displayed together with the time of the declaration, the information on the early expiry of the right of withdrawal (Annex 3) and the Order Terms. The Provider confirms a request made later in the wording displayed together with the time of the declaration by e-mail without undue delay. None of these confirmations is an acceptance (§ 2 para. 2).
(4) If the consumer has not made the request under paragraph 1, the steps with external effect are on hold until the declaration is made or until the withdrawal period expires: publishing an event and opening registration, releasing the embedding or the form page, publishing a landing page, sending e-mails to guests (invitations, mailings), importing guests, admission control (Gatekeeper) and switching on a custom domain. Remaining available are creating and setting up the service including preview, creating individual guests, drafts of pages, notices and e-mails, and storing a domain including the DNS check. At every place that is on hold, the consumer can make the request later; the same wording as in the ordering process is shown there (paragraph 1). Upon expiry of the withdrawal period, the hold ends automatically. Making the service available in the customer account for creating and setting up (sentence 2) is free-of-charge preparation and not yet the start of the service; the paid service begins only with the first step with external effect under sentence 1.
(5) Paragraphs 1 to 4 apply to consumers with a right of withdrawal under § 13. For a consumer from the United Kingdom, Parts 4a to 4c of Annex 4 take the place of Annexes 1 to 3. They do not apply to a consumer without a right of withdrawal: such a consumer makes no request, and nothing is on hold.
§ 15 Deviations for consumers
(1) After a chargeback, § 8 applies to consumers in the same way as to traders, unless paragraph 2 provides otherwise: across the entire customer account only the block under § 8 para. 4 sentence 1 applies; the other blocks apply only to the events to which a service revoked because of the chargeback relates (§ 8 para. 3 sentence 4).
(2) If a chargeback is based on the Provider not having made a refund owed after a withdrawal from the contract in due time, § 8 paras. 3 to 7 do not apply.
(3) Apart from the case of § 8, the Provider revokes a service from a consumer only if it has refunded the payment for it, the invoice remains unpaid after the due date despite a formal reminder, or the consumer uses the service abusively, in particular contrary to the usage rules of the Terms of Use (§§ 5, 6). The Provider announces the revocation in advance, except in the case of abuse that requires immediate action. If the service is revoked for a reason for which the consumer is not responsible, the Provider refunds the price as in the case of its own termination (Terms of Use § 12 para. 3 letters a to d), with the revocation taking the place of the end of the contract: for a guest package, a multi-day package, a landing page and guest storage whose event ends only after the revocation, the price; for an event group and a group landing page, the share of the events after the revocation, and if no event falls within the period of a group landing page, the part of the price attributable to the time after the revocation, pro rata by time; for guest capacity and ticket or outreach quotas, the price of the portion unused at the revocation, as long as the paid service period of that purchase (§ 12 para. 2 b) is running; for a custom domain and a Recap, the part of the price attributable to the time after the revocation, pro rata by time; for media storage, the part of the price attributable to the time between the revocation and the end of the twelve months under § 12 para. 2 f, pro rata by time. A period that would begin only after the revocation is refunded in full.
(4) A consumer must provide a contact e-mail address when purchasing. The consumer receives notifications under § 10 para. 2 by e-mail.
(5) The following rules of the Terms of Use also apply to consumers: the committed availability with the right to a reduction for running services (§ 10 para. 1), the change of purchased services only for a valid reason with a right to terminate and a refund under paragraph 3 (§ 10 para. 4, section 327r BGB), the termination of the customer account by the Provider with a refund (§ 12 para. 3) and the possibility of offering a new contract on the previous terms after a termination for good cause (§ 12 para. 4). They do not take precedence over these Order Terms insofar as something more favourable for the consumer is stated here.
§ 16 Information on the conclusion of the contract, warranty, dispute resolution
(1) The ordering process: the Customer places services in the shopping basket, checks services and prices there and can change or remove them until submission. Before submission, the Customer sees a summary with the total price. With the button “Order with obligation to pay”, the Customer makes a binding offer; a consumer may make the request under § 14 para. 1 beforehand, but does not have to. The contract is concluded under § 2 para. 2, even without this request; the order confirmation is not an acceptance. The Customer can correct input errors before submission in the shopping basket and in the master data.
(2) The Provider stores the contract text. The Customer receives it with the order confirmation, a consumer with the confirmation under § 14 para. 3; the current version of the Order Terms can be retrieved on the platform at any time. The contract languages are German and English.
(3) Defects of the services are governed by the statutory provisions on digital products (sections 327 et seq. BGB).
(4) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Part III — Final provisions
§ 17 Law, place of jurisdiction, language
(1) The law of the Federal Republic of Germany applies. If a consumer has their habitual residence in another state, they additionally retain the protection of the mandatory provisions of the law of that state.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's place of business.
(3) Towards customers who are not consumers, the German version of these Order Terms is authoritative. Towards consumers, the version in the language in which they ordered applies. All language versions are identical in content.
Annex 1 — Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Einlasshelden.de, owner: Sebastian Reinhardt, Peperkamp 2, 25451 Quickborn, Germany, telephone +49 (0)4106 122744, e-mail hallo@einlasshelden.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal via the link “Withdraw from contract” in the footer of every page of the platform and in your customer account for each purchase. If you use this online function, we will communicate to you an acknowledgement of receipt on a durable medium (e.g. by e-mail) without delay, with information on the content of the withdrawal statement and the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of the instructions on withdrawal
Annex 2 — Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To Einlasshelden.de, owner: Sebastian Reinhardt, Peperkamp 2, 25451 Quickborn, Germany, e-mail hallo@einlasshelden.de: – I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*), – Ordered on (*), – Name of consumer(s), – Address of consumer(s), – Signature of consumer(s) (only if this form is notified on paper), – Date
(*) Delete as appropriate.
Annex 3 — Information on the early expiry of the right of withdrawal
Your right of withdrawal expires early if we have fully performed the service and you have expressly requested that we begin before the withdrawal period expires and have confirmed that you know that your right of withdrawal expires upon complete performance of the contract by us. If you withdraw before then, you owe us compensation for value for the service performed up to the withdrawal. The request is voluntary; you can make it when ordering or later. Without the request you can still order and set up the service in your customer account; the steps with external effect (such as publishing, e-mails to guests, admission) are then on hold until the withdrawal period expires or until you make the request later (§ 14 para. 4 of the Order Terms). When we have fully performed a service and how the compensation for value is calculated is governed by § 14 para. 2 of the Order Terms.
Annex 4 — Instructions on withdrawal, model form and information for consumers in the United Kingdom
4a — Cancellation information
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us (Einlasshelden.de, owner: Sebastian Reinhardt, Peperkamp 2, 25451 Quickborn, Germany, telephone +49 (0)4106 122744, e-mail hallo@einlasshelden.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory. You can also cancel via the link “Withdraw from contract” in the footer of every page of the platform and in your customer account for each purchase. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
End of cancellation information
4b — Model cancellation form
(Complete and return this form only if you wish to withdraw from the contract)
– To Einlasshelden.de, owner: Sebastian Reinhardt, Peperkamp 2, 25451 Quickborn, Germany, e-mail hallo@einlasshelden.de: – I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*], – Ordered on [*], – Name of consumer(s), – Address of consumer(s), – Signature of consumer(s) (only if this form is notified on paper), – Date
[*] Delete as appropriate.
4c — Information on the early end of the right to cancel
Your right to cancel ends early once we have fully performed the service, if you expressly requested that we begin before the end of the cancellation period and acknowledged that you will lose your right to cancel once we have fully performed the contract. If you cancel before then, you must pay us an amount in proportion to the service performed up to the cancellation. The request is voluntary; you can make it when ordering or later. Without the request you can still order and set up the service in your customer account; the steps with external effect (such as publishing, e-mails to guests, admission) are then on hold until the cancellation period ends or until you make the request later (§ 14 (4) of the Order Terms). When we have fully performed a service and how the amount is calculated is governed by § 14 (2) of the Order Terms.