General Terms and Conditions – Business Customers (B2B)
1. Scope
For contracts between Marc Albracht (hereinafter referred to as „Tins & Tales“), Lincolnstraße 29, 20359 Hamburg, and our commercial customers for the execution of cocktail courses, tastings, and event services (both on-site and online), these General Terms and Conditions shall apply exclusively.
One-sided changes by the customer are ineffective. By signing or confirming the offer in writing, these terms and conditions are accepted and become effective. These T&Cs apply exclusively to businesses within the meaning of § 14 BGB. Separate „T&Cs for Private Customers“ apply to consumers.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the rules on conflict of laws are excluded. Any oral collateral agreements require written confirmation by Tins & Tales to be effective. Should individual provisions of these terms and conditions be invalid for any reason whatsoever, the remaining provisions shall remain valid.
2. Offers and Validity
All prices are subject to change and exclude statutory VAT. Unless otherwise agreed, the prices and terms and conditions of our most current price list shall apply. If more than three months have passed between the date of the offer and the delivery date, we reserve the right to make an appropriate price adjustment to the prevailing wage and cost situation at that time.
Our offers are valid for 14 days (10 working days) from the offer date. Different validity periods may apply for third-party equipment or manufacturing materials. After the expiry of the validity period, deadlines can be extended upon consultation and subject to availability. An offer does not reserve our own or third-party equipment.
3. Prices, Advance Payment and Payment
We reserve the right to request staggered advance payment for orders from EUR 3,000.00 net:
25 % Advance payment upon signing the quotation
50 % one week before the event date
Further prepayment models are only valid in writing and after consultation. Invoices are payable in full within 14 days of receipt without deduction. In the event of late payment, we reserve the right to charge interest on arrears. In the event of non-payment of the agreed prepayment, we reserve the right not to provide the agreed service; the customer shall not be released from their payment obligation.
The customer will inform us of the final number of attendees ten working days prior to the service being rendered. If the final number of attendees deviates, the price scale listed in the offer will apply; additional attendees will be charged according to the actual number of attendees.
4. Minimum order value
Our minimum order value is EUR 650.00 net.
Cancellation
In the event of cancellation, the client will be invoiced for costs incurred up to the point of cancellation (project management). A minimum flat cancellation fee will be charged, calculated as a percentage of the offer sum:
| Delivery appointment time | Cancellation fees |
| 4 weeks | 0 % |
| Two weeks | 50 % |
| 13 days or less | 100 % |
Where the performance relates to the rental of event premises, external equipment or third-party services, the cancellation terms and conditions of the respective third-party provider shall also apply.
6. Withdrawal
If an agreed advance payment or security deposit is not provided, Tins & Tales is entitled to withdraw from the contract. Tins & Tales is also entitled to withdraw from the contract extraordinarily if justified reasons exist, such as force majeure (fire, strike, pandemic, flood, etc.) or reasonable grounds to assume that the event could jeopardise the smooth running of business, the safety or the reputation of Tins & Tales, particularly if the event is unlawful.
7. Defects and damages
The goods must be inspected upon delivery; any defects must be reported immediately. Without immediate complaint, the goods are considered accepted and are due for full payment.
We are only liable for damages due to breach of a contractual obligation if intent or gross negligence can be proven against us. This limitation of liability does not apply in cases of culpable injury to life, body, and health, nor in cases of breach of essential contractual obligations. In the event of a breach of essential contractual obligations, our liability for damages in cases of simple negligence is limited to the damage that is typically foreseeable under the contract.
8. Photographic and film material
We may create photographic and film material at some events. We refrain from portraying individuals without their consent. The client agrees to the publication of the images on our social media accounts and in our proposal templates. Please let us know briefly if you do not agree to the publication.
9. Data Protection
Tins & Tales undertakes to treat the contractual content in confidence towards third parties. Persons whose cooperation is required for the fulfilment of the contract may receive the necessary information; they are obliged to treat it confidentially.
Tins & Tales is committed to complying with the General Data Protection Regulation (GDPR) and the respective applicable provisions of the member states. To this end, a data protection and order processing agreement will be concluded with the client if necessary. Tins & Tales will forward the client's data protection information to employed staff/assistants and obtain the required written declarations of consent.
10. Final Provisions
The place of jurisdiction is Hamburg. The issuance of these Terms and Conditions renders all previous versions invalid.
General Terms and Conditions – Private Customers (B2C)
1. Scope
These General Terms and Conditions apply to contracts between Marc Albracht (hereinafter referred to as „Tins & Tales“), Lincolnstraße 29, 20359 Hamburg, and consumers as defined in § 13 of the German Civil Code (BGB) for the purchase of vouchers and the booking of tastings and cocktail courses (hereinafter referred to as „event(s)“), which are booked via tins-tales.de, by email or by telephone.
For commercial customers (entrepreneurs within the meaning of § 14 BGB), the separate „General Terms and Conditions for Business Customers“ shall apply. Deviating terms and conditions of the customer shall not become part of the contract, unless Tins & Tales expressly agrees to their validity in writing.
German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of the state in which the customer has their habitual residence remain unaffected.
2. Vouchers
Vouchers can be purchased in terms of value (value voucher) or for a specific event (experience voucher). Upon purchase, a sales contract for the voucher is concluded between the customer and Tins & Tales. The voucher will be issued via email after full payment.
Vouchers are valid from the date of issue three (3) years valid. After this period has expired, redemption may be refused if Tins & Tales invokes the statute of limitations (§ 195 BGB).
The voucher must be presented at the time of booking and will be deducted from the booking value.
If the booking value exceeds the voucher value, the difference must be paid by the customer.
If the voucher value exceeds the booking value, a new voucher will be issued for the remaining amount upon request; no cash payment of the remaining value will be made, unless legally required.
A cash payment of the full voucher value is excluded.
Vouchers are transferable unless personalised; Tins & Tales shall not be liable for loss or misuse by third parties.
If a voucher is purchased through distance selling, the customer as a consumer generally has a statutory right of withdrawal of 14 days from the conclusion of the contract; the details are governed by the separate cancellation policy provided at the time of purchase. This right of withdrawal relates to the purchase of the voucher itself, not to the appointment booking according to section 3.
3. Booking events
Bookings are made by binding registration via the website, by email, or by telephone, stating the date, number of participants and, if applicable, a voucher code. The contract is concluded with the confirmation by Tins & Tales.
As these are leisure services provided at a specific date, there is no statutory right of withdrawal for the appointment booking itself, pursuant to § 312g para. 2 No. 9 BGB [German Civil Code]. Instead, the following cancellation terms and conditions apply.
4. Cancellation Policy
If a customer cancels a booked event, the amount already paid will not be refunded in cash but converted into a voucher of the corresponding value. This voucher is subject to the conditions in clause 2, particularly the three-year validity period from the date of issue.
If the cancellation is very short notice, i.e. on the day of the event itself, in addition to the conversion into a voucher, a Rebooking fee of €15.00 per registered person levied. This fee covers the disposition and organisational effort caused by short-term cancellation (including pre-calculated goods costs and staff planning).
If the customer does not attend the booked event without prior cancellation, this is considered a short-notice cancellation within the meaning of the preceding paragraph.
It remains open to the customer to prove that Tins & Tales has not suffered any damage or significantly less damage due to the cancellation than the rebooking fee; in this case, the fee will be reduced or waived accordingly (§ 309 No. 5 BGB).
Instead of cancelling, the customer can request to rebook for another available date. If a request is made in good.
Should Tins & Tales have to cancel an event for an important reason (e.g. illness, force majeure, insufficient number of participants), the customer will be offered an alternative date of their choice or a full refund of the amount paid; in this case, any rebooking fee will be waived.
5. Liability and Warranty
Tins & Tales shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability shall be limited to the contractually typical, foreseeable damage; otherwise, liability for slightly negligent breaches of duty shall be excluded, insofar as this is legally permissible. The limitation of liability shall not apply in the event of injury to life, body or health.
Participation in tastings of alcoholic beverages is at the customer's own risk. Tins & Tales expressly advises responsible consumption of alcohol and reserves the right to exclude individuals without valid proof of age from participation.
6. Data Protection
The personal data collected during booking and voucher issuance will be processed exclusively for contract fulfilment and will not be disclosed to third parties without consent. Further information can be found in the privacy policy on tins-tales.de.
7. Final Provisions
The place of jurisdiction for merchants is Hamburg; for consumers, the statutory provisions on jurisdiction shall apply. Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected.
