Terms and Conditions (AGB)
PAINT YOUR FIRST GRAFFITI
§ 1 Contracting Parties & Scope
On the basis of these General Terms and Conditions (AGB), the contract is concluded between the customer and the provider:
PAINT YOUR FIRST GRAFFITI
Marienstr. 26, 10117 BERLIN
Tax Identification Number: 14/256/07001
hereinafter referred to as the “Provider”. These Terms and Conditions apply to all services, in particular graffiti workshops and events, booked via the online shop system, by e-mail, or through any other communication channels.
§ 2 Subject Matter of the Contract & Scope of Services
(1) The subject matter of the contract is the performance of creative services (graffiti workshops). The exact details, scope, and schedule of each offer are detailed in the product description on the website or in the individual offer sent by e-mail.
(2) Unless expressly agreed otherwise, the Provider shall supply the materials required for the workshop (e.g., paints, protective clothing, films/surfaces).
§ 3 Conclusion of the Contract
(1) The contract is concluded electronically via the online shop system or by the confirmation of an individual offer via e-mail. The presentation of the offers on the website does not constitute a legally binding offer, but a non-binding invitation to book.
(2) In the case of a booking via the online system, the contract is concluded upon receipt of the booking confirmation via e-mail.
§ 4 Prices and Payment Terms
(1) All stated prices are final prices and include the statutory German value-added tax (MwSt.) of 19%.
(2) The customer is obliged to pay the invoice amount without deduction within 3 days of receiving the invoice, either by transfer to the specified account or via the payment method provided.
(3) For payments made via external payment service providers (e.g., credit card via Stripe), additional transaction fees (e.g., 5%) may apply. These will be clearly displayed before the payment process.
(4) If the payment is not received in due time before the workshop date, the Provider reserves the right to release the timeslot for other customers. The customer’s obligation to pay remains unaffected, unless a timely cancellation has been made in accordance with § 5.
§ 5 Cancellation and Rescheduling by the Customer (Cancellation Fees)
Since the workshops are time-bound services scheduled for a specific date and time, the following flat-rate cancellation fees apply in the event of cancellation or a reduction in the number of participants by the customer:
– Up to 30 days before the date: free cancellation.
– 29 to 14 days before the date: 50% of the agreed total price.
– Less than 14 days before the date or in the event of a no-show: 100% of the total price.
Cancellations must be made in text form (via e-mail).
§ 6 Execution of the Workshop and Weather Conditions (Weather Clause)
(1) Since the workshops generally take place outdoors, the weather is an inherent part of the event. The customer has no right to a free cancellation or termination of the workshop due to weather conditions.
(2) The workshop will take place even in light rain or unsettled weather. A right to a refund or rescheduling only exists if extreme weather conditions (e.g., official severe weather warnings, torrential rain, storms, or hail) make the execution of the workshop objectively impossible or endanger the safety of the participants.
(3) The technical decision as to whether the weather conditions allow the workshop to take place rests exclusively with the Provider as the expert on site.
(4) Should the Provider have to cancel the workshop due to force majeure or extreme severe weather, an alternative date will primarily be agreed upon. If rescheduling is objectively impossible, the amount already paid by the customer will be fully refunded. Further claims (e.g., travel or hotel expenses) are excluded.
§ 7 Code of Conduct, Safety, and Exclusion of Participants
(1) Participants agree to follow the safety instructions and creative guidelines provided by the guides/instructors on site.
(2) Respectful and polite behavior between the participants and the Provider’s guides is required. Any form of insults, discrimination, aggressive behavior, or damage to property will not be tolerated.
(3) The Provider’s guides are authorized to exclude individual participants from further participation in the workshop if, despite a warning, they fail to comply with safety rules or exhibit extremely improper or disrespectful behavior. In this case, there is no entitlement to a (partial) refund of the price.
§ 8 Right of Withdrawal (Widerrufsrecht)
Consumers generally have a right of withdrawal for distance contracts. However, according to § 312g para. 2 no. 9 of the German Civil Code (BGB), the right of withdrawal does not apply to contracts for services related to leisure activities if the contract provides for a specific date or period of performance. Therefore, the booking of a date-specific workshop is binding and cannot be withdrawn. For customers who are entrepreneurs (B2B), the regulations for distance contracts do not apply in any case.
§ 9 Language, Jurisdiction, and Applicable Law
(1) The contract is drawn up in German. The further execution of the contractual relationship shall take place in German or, by agreement, in English.
(2) The law of the Federal Republic of Germany applies exclusively.
(3) In the event of discrepancies or conflicts of interpretation between the German and English versions of these Terms and Conditions, the German version shall prevail.
(4) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Berlin.