General Terms and conditions for visitors to events of RETAIL NXT GmbH 

§ 1 User Congress
Due to the nature of the conference as a user congress, registration for vendors is strictly limited. Participation as a vendor is therefore exclusively reserved for official RETAIL NXT partners.

For the purposes of this regulation, users are defined as all participants who work for a user company that does not itself provide consulting services or develop, manufacture, or distribute ICT products or services. The only exception to this regulation is employees of outsourced companies who work exclusively for the parent company and do not conduct any third-party business.

Providers in the above sense are participants who work for a consulting firm, a manufacturer, a software, hardware or telecommunications company, or an ICT service provider.


§ 2 scope

(1) The following General Terms and Conditions for Visitors (hereinafter referred to as "General Terms and Conditions") apply to participation in events organized by RETAIL NXT GmbH (hereinafter referred to as "RETAIL NXT") and all resulting contractual relationships between RETAIL NXT and the visitor. The Terms and Conditions are accepted upon purchase of a ticket or attendance at the event.


(2) RETAIL NXT does not recognize any terms and conditions of the visitor that deviate from or conflict with these event terms and conditions, unless RETAIL NXT has expressly agreed to a modification in writing. Supplementary agreements, in particular warranties, amendments, and additions, are only valid if RETAIL NXT expressly agrees to them. They must be made in writing for future reference.


§ 3 Organizer / Contracting Party

The event organizer is RETAIL NXT. The purchase of a ticket establishes a contractual relationship regarding attendance at the event solely between the visitor and RETAIL NXT.  

§ 4 Offers and Prices

(1) Offers and prices are always subject to change without notice. Prices include statutory VAT. Sales are limited to standard commercial quantities.


(2) The sale of tickets for the event is generally prohibited. 

§ 5 Use of the online service

(1) The customer may use the online service exclusively for private, non-commercial purposes. RETAIL NXT prohibits the use of automated technical means, such as scripts or macros, to monitor or manipulate the online service.


(2) The customer undertakes to keep all access data for the personalized area of ​​the online access (customer account) confidential and to inform RETAIL NXT immediately should this data no longer be confidential. This also applies if the customer suspects or becomes aware that their access data has been misused. In any case, however, the customer remains responsible for the unauthorized use of the online service. All declarations of intent made using their online access (customer account) or their other access data are binding for and against the customer, unless the customer is not responsible for the misuse of their online access (customer account) because there has been no breach of their existing duty of care.


(3) RETAIL NXT's online offer for the purchase of tickets is exclusively for end customers. The purchase of tickets for resale is prohibited.

§ 6 Conclusion of Contract & Right of Withdrawal

(1) By clicking the "Buy" button at the end of the ordering process, the customer submits a binding offer to conclude a paid contract for the purchase of tickets to RETAIL NXT events. RETAIL NXT reserves the right to reject the customer's offer at any time without giving reasons. A legally binding contract is only concluded upon dispatch of the tickets by email.


(2) According to Section 312g Paragraph 2 No. 9 of the German Civil Code (BGB), there is no right of withdrawal for the sale of tickets for leisure events on a specific date. Therefore, every ticket order is binding and obliges the customer to pay for the tickets ordered.

§ 7 payment

(1) The total price of the order, including all fees, is due immediately upon conclusion of the contract (Section 5, Paragraph 1). Payment is made by invoice, credit card, PayPal, or direct debit from a German bank account.


(2) If a direct debit payment is returned due to circumstances beyond RETAIL NXT's control, a fee of €15,00 will be charged, which the customer must pay in addition to the invoice amount. Unauthorized cancellations of credit card payments will incur a fee of €25,00. The customer must settle any returned direct debit payments by bank transfer within one week of the return to the account of FLEET Events GmbH, Commerzbank IBAN: DE55200400000621577600.

§ 8 Shipping & Returns

(1) The tickets will be sent to the customer free of charge by post to the address provided during the ordering process after payment. For tickets to online events, the customer will receive a link along with the ticket that grants access to the online event (hereinafter referred to as the "access link").


(2) The customer must ensure that no unauthorized person comes into possession of the tickets and that they are not printed multiple times or otherwise duplicated. For online events, the customer must also ensure that the access link is not disclosed to any unauthorized third party and is not made publicly available. In the event of duplication, the customer is liable to RETAIL NXT for any demonstrable damages incurred. RETAIL NXT reserves the right to block the customer in such cases and issue a virtual ban from the premises.


(3) Immediately upon receipt of the tickets, the customer is obligated to check them for accuracy regarding the number and price, date, time, event, and venue. Complaints regarding incorrect tickets must be submitted in writing to RETAIL NXT at tickets@fleet-events.de immediately upon receipt. The incorrectly issued tickets must be attached to the letter.


(4) The customer has the right to withdraw from the contract up to 12 weeks before the booked event. After this period, tickets cannot be returned or refunded. Booked tickets must be returned by mail to RETAIL NXT GmbH, Zirkusweg 1, 20359 Hamburg, Germany. If the customer withdraws in a timely manner and returns the booked ticket, RETAIL NXT will refund the face value of the ticket. Any advance booking fees paid will not be refunded. Furthermore, RETAIL NXT will only refund the face value of the ticket if an event is cancelled. RETAIL NXT will inform the customer of any event cancellation in a timely manner by posting a notice on its website and, if necessary, by telephone, in writing, or by email. RETAIL NXT is not liable for any losses, damages, or expenses incurred by the customer in the event of an event cancellation.


(5) If the event is cancelled or postponed due to circumstances beyond the organizer's control, such as force majeure or similar events, including national mourning, weather conditions, strikes, or war, the organizer shall not be liable for any resulting losses or damages. In such cases, no ticket refund will be issued.


(6) Lost or destroyed tickets will not be replaced by RETAIL NXT.

§ 9 Image and sound recordings
(1) In the event that image and/or sound recordings are made during a performance by persons authorized by RETAIL NXT, the visitor agrees upon entering the event premises that he or she may be recorded in image and/or sound and that the recordings may be published and used without entitlement to compensation in connection with reporting on the event.


(2) Image and sound recordings may be made of the event, possibly also for advertising purposes. The visitor grants RETAIL NXT simple, transferable, perpetual, geographically and substantively unlimited licenses to use, edit and exploit the recordings for the promotion of the event – ​​including in subsequent years – with respect to their right to their own image and all potentially arising rights of use, neighboring rights, personality rights or other rights.


(3) If the visitor does not agree to this, he must clearly and explicitly state this to RETAIL NXT or the persons authorized by RETAIL NXT.


(4) Further information on this can also be found in the “Information on data protection when taking and using photos”, which you can view at the organizer's office. 

§ 10 Data Transfer
(1) Collection and use of data
As part of RETAIL NXT, certain participant data will be collected and processed to organize the event and facilitate professional exchange. This includes, in particular:

• Participation in Masterclass or Xpo Stage sessions presented by RETAIL NXT partners. Participant badges may be scanned upon entry.
• Scanning the partner badge by other participants or partners to facilitate targeted exchange.
• Participation in exclusive side events such as lunches or pre-events (dinners), which provide targeted networking opportunities.
• Marking, bookmarking, or saving sessions in the RETAIL NXT app that are presented by partners.
  
  

(2) Sharing contact details with partners
By participating in the above-mentioned formats or by marking, bookmarking or saving partner sessions in the RETAIL NXT app, the presenters receive Partners or other authorized recipients have the opportunity to contact participants after RETAIL NXT by email, post or telephone to provide further information on the topics presented or relevant products and services.

(3) Responsibility and Data Protection
RETAIL NXT transmits data exclusively within the framework of the conditions stated here. Any further processing of the transmitted data is the sole responsibility of the respective partner and is subject to their privacy policy. Participants can obtain further information on data processing directly from the respective partner.

(4) Right of withdrawal
Participants can object to the sharing or use of their data at any time. The objection can be sent by email to datenschutz@fleet-events.de or directly through the respective partner. Upon receipt of the revocation, the data in question will no longer be used for these purposes.

(5) Data transfers to third countries
If data is transferred to partners outside the European Economic Area, these partners shall ensure that appropriate safeguards are in place in accordance with applicable data protection regulations.

 § 11 House Rules / Rules of Use

(1) By purchasing tickets and attending the event, the visitor acknowledges the house rules and regulations of the respective venue.


(2) In addition, the following usage rules apply:


• Bringing pyrotechnic items, torches, weapons and weapon-like objects onto the event grounds is strictly prohibited.

• The use of media recording devices may be restricted (even in certain areas of the event). This will be announced via appropriate signs.

• Instructions from security and event staff must be followed.
• A security check will take place at the entrance. To ensure compliance with security regulations, security personnel are authorized to visually and manually inspect bags, clothing, and personal belongings. RETAIL NXT reserves the right to refuse entry without refund to anyone who is intoxicated, aggressive, or dressed inappropriately for the event.

• Fire safety regulations and escape and rescue plans must be followed in case of danger.

• All visitors are required to comply with the Youth Protection Act (JuSchG; see posted notices) and other relevant laws throughout the entire event area. Violations by third parties must be reported to security personnel immediately. 


(3) RETAIL NXT has the right to control access to the premises during the event. In this respect, RETAIL NXT reserves the right to remove from the event, without refunding the ticket price, any person who violates the above regulations, commits criminal offenses (e.g., theft, drug dealing, assault, etc.) on the event premises and/or endangers third parties or the event's proceedings, and, if necessary, to file criminal charges.


(4) Willful soiling of the event venue will be penalized with a flat-rate cleaning fee. The visitor is permitted to prove that RETAIL NXT suffered no damage or only significantly less damage.



§ 12 Change of venue or date / Cancellation of the event
(1) RETAIL NXT reserves the right to change the venue and/or date of the event. RETAIL NXT will inform the customer of this in a timely manner by posting a notice on its website and, if necessary, by telephone, in writing, or by email. In this case, the customer has the right to withdraw from the contract if the change is unreasonable. This right can be exercised by returning the tickets by mail to RETAIL NXT GmbH, Zirkusweg 1, 20359 Hamburg, Germany, before the start of the event. The customer will receive a refund of the ticket price. A change is considered unreasonable if the new date or venue is not acceptable to the visitor, taking into account their legitimate interests. However, this does not apply if the cancellation or change is due to force majeure (see Section 7, Paragraph 5).

§ 13 Special provisions for online events
(1) The access link entitles only one person to participate in the online event. Sharing the link with third parties is prohibited.

(2) The use of services within the context of online events is permitted only in accordance with applicable laws and with due regard for the rights of third parties. The customer may not, through the content and data they provide, violate any unlawful prohibitions, public decency, or the rights of third parties (copyright, trademark, and data protection rights, etc.). The online event may not be used for fraudulent activities, activities related to criminal offenses, harassment, or other forms of disturbance.


(3) RETAIL NXT reserves the right to delete customer-entered data, block user profiles, and block access to the online event or individual free services without giving reasons. RETAIL NXT is particularly entitled to do so if the customer violates applicable law or the terms of use. Blocking paid services is only permitted if there is a compelling reason.


(4) RETAIL NXT points out that, according to the current state of technology, hardware and software errors cannot be completely ruled out. Therefore, no warranty can be given for this. Due to technically necessary maintenance work, 100% availability of the systems provided by RETAIL NXT cannot be guaranteed. The customer must report malfunctions or failures to RETAIL NXT immediately in writing or by email to tickets@fleet-events.de.


(5) The customer shall indemnify RETAIL NXT upon first demand against all third-party claims arising from unlawful or infringing content posted by the customer or from the customer's other conduct. This applies in particular to infringements of copyright, trademark, name, data protection, and competition law of any kind. The customer shall bear all costs incurred by RETAIL NXT for necessary legal defense, including all court and attorney fees at the statutory rate, unless the customer is not responsible for the infringement.


(6) All content provided as part of the online event is the property of RETAIL NXT or the respective organizer/exhibitor and may be protected by copyright or other intellectual property rights. This content may not be used elsewhere without the consent of the respective rights holders. In particular, it is prohibited to extract parts of the portal and use the data elsewhere, especially in one's own databases, without the consent of RETAIL NXT.



§ 14 Liability

(1) Attendance at the event is always at your own risk. During performances and concerts, there is a risk of potential hearing damage and other health problems due to the volume.

(2) RETAIL NXT is liable without limitation for damages incurred by the visitor only if these are attributable to intentional or grossly negligent conduct on the part of RETAIL NXT. In cases of slight negligence, RETAIL NXT is liable only for breaches of essential contractual obligations or if RETAIL NXT has relied on the visitor's trust in a particular way. In this case, liability is limited to the direct damages incurred by the visitor that are typical for this type of contract and foreseeable at the time of its conclusion. This also applies to breaches of duty by legal representatives and/or vicarious agents of RETAIL NXT. Liability for injury to life, body, or health remains unaffected. 

§ 15 Final provisions

(1) Offsetting against claims of RETAIL NXT is only permitted with undisputed or legally established counterclaims. The assertion of rights of retention that are not based on the same contractual relationship is excluded.


(2) Should individual provisions of these terms and conditions be or become wholly or partially invalid, ineffective and/or unenforceable, the validity of the remaining provisions shall not be affected.


(3) The place of performance and payment is Hamburg. The law of the Federal Republic of Germany applies, excluding its provisions of private international law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. With respect to consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. For merchants, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction is Hamburg. However, RETAIL NXT is also entitled to bring an action at any other legally permissible place of jurisdiction.