Terms and Conditions

Important notice!

For orders paid by advance payment/bank transfer, payment must be received in our account at least 4 working days before the concert, as otherwise timely delivery of the concert tickets cannot be guaranteed.

Please do not forget to include the shipping costs in your transfer!!!

Should there be a delay in the receipt of payment, we charge a chargeback fee of 2 EUR.

Orders via PayPal are possible up to 4 days before the concert.

General Terms and Conditions of Positive Records

Identity & Address
Positive Records
D. Backs
Storchsbaumstr. 95
46282 Dorsten

Tel.: +49(0)2362 / 9961906
Email:backs@positive-records.com
Owner: D. Backs
Responsible for the content: D. Backs (V.i.S.d.P.)

Prices and Payment Terms

The prices stated on the product pages are final prices, i.e. they include statutory VAT and other price components.
Information on additional shipping costs can be found on our website under the Shipping Costs link.

Conclusion of Contract, Cancellation

The offer to conclude a contract is made by the customer as soon as they click the "buy now" button. A contract between the customer and the respective contracting party (organizer, licensed fan-merchandise seller, or Positive Records) only comes into effect once the tickets have been allocated and sent to the customer.
No liability is assumed for the accuracy of the data contained in the Positive Records online presence.
Positive Records is entitled to cancel a customer's order for which tickets have already been sent (unilateral right of withdrawal) if the customer violates specific conditions set by the organizer or by Positive Records that were communicated as part of the pre-sale, or attempts to circumvent them (e.g. violating a limit on the number of tickets per customer, violating the ticket terms, in particular resale prohibitions, attempting to circumvent this by registering and using multiple user profiles, etc.). The declaration of cancellation/withdrawal may also be made implicitly by crediting the amounts paid.
Sections 346 et seq. of the German Civil Code (BGB) apply to the aforementioned right of withdrawal, excluding Section 350 BGB.

Cancelled Events

In the case of cancelled or postponed events of any kind, the buyer's claims for reimbursement of the price/amount paid exist only against the respective organizer. Any such claims are governed in detail by that organizer's own "Terms and Conditions". As a rule, Positive Records handles the reimbursement of the ticket price on behalf of the provider or organizer.
Reimbursement of shipping costs is entirely excluded.

Retention of Title

If you ordered from us as a consumer, the goods remain our property until the purchase price has been paid in full. If you ordered from us as a business, the goods remain our property until all claims arising from the business relationship have been paid in full.

Delivery

Within Germany, delivery is made by the carrier Deutsche Post for letters and by Hermes for parcels and packages. Deliveries abroad are made exclusively via the carrier Deutsche Post.

Right of Withdrawal for Consumers

Cancellation policy
Right of withdrawal:
As a consumer (pursuant to Section 13 BGB) you may revoke your contractual declaration within 14 days without giving any reason, in text form (e.g. letter, fax, e-mail) or - if the goods are handed over to you before the deadline expires - by returning the goods. The period begins upon receipt of this notice in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before fulfilment of the information duties pursuant to Article 246, Section 2 EGBGB in conjunction with Section 1, paragraphs 1 and 2 EGBGB as well as Section 312e, paragraph 1, sentence 1 BGB in conjunction with Article 246, Section 3 EGBGB. Timely dispatch of the revocation or of the goods is sufficient to meet the revocation deadline. Excluded from the right of withdrawal are: tickets for concerts and shows, CDs, and goods made to customer specification. The revocation must be sent to:

Positive Records
Dieter Backs
Storchsbaumstr. 95
46282 Dorsten
Tel.: +49(0)2362 / 9961906
Email:backs@positive-records.com

Consequences of withdrawal:

In the event of a valid revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the customer is unable to return the goods received in whole or in part, or can only return them in a deteriorated condition, compensation must be paid to the extent required. This does not apply to the handing over of goods if the deterioration of the goods is exclusively the result of inspecting them - as would have been possible for the customer in a retail store, for example. Furthermore, the customer can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as if they were their own property and refraining from anything that would impair its value. Items that can be shipped by parcel must be returned by parcel. The customer bears the cost of the return if the goods delivered match those ordered and if the price of the item to be returned does not exceed an amount of 40 euros, or if, in the case of a higher price, the counter-performance or a contractually agreed instalment payment has not yet been rendered at the time of revocation. Otherwise the return is free of charge for the customer. Items that cannot be shipped by parcel will be collected from the customer. Obligations to refund payments must be fulfilled within 30 days. For the customer, the period begins with the dispatch of the revocation declaration or of the goods; for Positive Records, with their receipt.
Pursuant to Section 312b (3) No. 6 BGB, contracts for the provision of services in the field of leisure activities are excluded from the scope of application. This also includes contracts for the brokering of internet tickets for concerts or sporting events. However, this only applies if the tickets are tied to a specific date.

Place of Jurisdiction and Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the law on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's registered place of business. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is unknown at the time the action is brought. The right to bring an action before any other statutory place of jurisdiction remains unaffected.
The language of the contract is German.

Binding Nature of the Contract

The content of the contract, in particular these Terms and Conditions, remains binding in its remaining parts even if individual provisions are legally invalid. In this case, the contracting parties will endeavor to find an effective provision that comes as close as possible to the invalid one. By placing an order, the buyer expressly acknowledges the seller's General Terms and Conditions.