General terms and conditions of FC Bayern München AG for the use of FC Bayern.tv plus (formerly FCB.tv)
As at January 2017
1. Scope of application; changes to the GTC; price changes
1.1 These terms and conditions shall apply in respect of the chargeable use of the FC Bayern.tv plus service (formerly FCB.tv), that you (hereinafter: "User") can subscribe to on the website www.fcbayern.com. This is a service provided by FC Bayern München AG, Säbener Strasse 51-57, 81547 Munich, represented by the management board Karl-Heinz Rummenigge, Jan-Christian Dreesen, Andreas Jung and Jörg Wacker (hereinafter "FCB" ).
1.2 FCB reserves the right in future to modify these terms and conditions, in particular the user charge in the event of extensions or improvements or in the event of changes in cost factors. FCB will inform the User of commercial and legal changes to the GTC by email and point out that the changes will be deemed as accepted if the User does not object to the changes within four weeks. The User must always maintain a current email address (see clause 2.1).
1.3 FCB reserves the right at any time to extend or change the services and/or to undertake improvements in so far as the changes are reasonable for the User taking into account the interests of FCB. This is in particular the case where the changes have no economic disadvantages for the User, e.g. because new functionality is introduced.
2. Registration; password; conclusion of contract;
2.1 To subscribe to the service, the User must register. In doing so the User undertakes to provide accurate and complete information as to the data requested in the course of registration and this shall be kept up to date by him/her in the event of changes. The User can carry out an update when logged in at the MyFCB-Profile Administration in the “FC Bayern.tv plus” area. If FCB does not accept the order within three days by confirmation email to the email address given by the User, the User shall no longer be bound by his/her order. On confirmation of the order by FCB by email a contract is created between the User and FCB.
2.2 Registration is only permitted once. (If you have forgotten your password, you can set a new one using the "forgotten password" function.)
2.3 The User undertakes not to disclose the password even when asked to do so. We point out that FCB employees are not authorised to ask the User for his/her password.
2.4 The User shall be liable for damages that arise from third parties gaining knowledge of his/her password because of his/her negligent or deliberate behaviour. If the password is stolen or the User discovers that the password is being used unlawfully by a third party, FCB must be informed immediately by email using the Feedback function.
3. Right of cancellation
The User has the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the date of the contract being concluded.
To exercise the right of cancellation, the User must inform FCB (FC Bayern München AG, Säbenerstr. 51-57, 81547 Munich, email: firstname.lastname@example.org) by a clear statement (e.g. a letter sent through the post or email) of his/her decision to cancel this contract. The customer may use the standard cancellation form, but this is not obligatory.
To comply with the cancellation time limit it is sufficient if the User sends notice of the exercise of the cancellation right before the expiry of the cancellation period.
A new additional option in order to exercise the right of cancellation is provided as a self service option via the FC Bayern.tv plus section within the myFCB profile administration.
Consequences of cancellation:
If the User cancels his/her contract, FCB must repay all payments that FCB has received from the, User, without delay and at the latest within fourteen days from the date when notice of cancellation of the contract is received by FCB. For this repayment FCB will use the same payment method as the User employed for the original transaction, unless otherwise expressly agreed with the User; under no circumstances will the User be charged for the repayment.
In the case of services the User‘s right of cancellation shall expire prematurely where FCB has commenced providing the service with the express agreement of the User prior to the end of the cancellation period or the User himself/herself has arranged for the service to start.
If the User has requested that the service should commence during the cancellation period, then the User must pay to FCB a reasonable sum that corresponds to the proportion of the service already provided up to the date when the User notifies FCB of the exercise of his/her cancellation right in respect of this contract, in comparison to the entire scope of the services intended under the contract.
4. User fee
The user fee is in accordance with the price list current from time to time that can be found at “FC Bayern.tv plus“ or https://fcbayern.com/fcbayerntv/en. The amount for the period ordered is due for payment in full on registration and – according to the payment method chosen by the User – it shall be debited from the account or credit card of the User. The email confirmation of FCB in this process serves as the invoice. Where the subscription is extended under clause 7 the User fee shall be due for payment immediately on commencement of the extension period.
4.1 Where payment by SEPA direct debit has been agreed and the contractual partner has provided to FC Bayern München AG a corresponding direct debit mandate, the following shall apply:
FC Bayern München AG shall usually give notice of an imminent direct debit when rendering the invoice (or via an alternative method of communication agreed with the contractual partner) by at the latest 1 (one) calendar day before payment of the direct debit is due (pre-notification). The debit shall be made on the due date stated on the payment request (confirmation email), a separate pre-notification will not be sent. The collection of the direct debit shall be in accordance with the due date on the respective payment request (confirmation email). If the due date for payment falls on a weekend or a public holiday, the due date for payment is postponed to the first banking business day thereafter. Where the User is not the paying account holder the pre-notification shall be sent to the User. The User undertakes to inform the account holder of the upcoming direct debit.
4.2 The User shall ensure that there are adequate funds in the account. Costs incurred by reason of non-payment or reversal of a direct debit shall be borne by the User, provided the non-payment or reversal was not caused by FC Bayern München AG.
4.3 Bank details given in online trading are deemed to be a SEPA direct debit mandate – this shall be confirmed to the customer in a separate email.
5. Obligations of the User; system requirements
5.1 The services may only be used for private purposes. Use for business and/or commercial purposes is not permitted. In particular the User may not use the services to advertise other websites, services or commercial offers.
5.2. Use is subject strictly to satisfying the following requirements:
Chrome 44 or higher
Firefox 40 or higher
Desktop Safari X 10.11 or higher
Internet Explorer 11 or higher
No optimization for Opera
Mobile operating systems for browser display:
iOS 8 or higher
Android 4.4 or higher
Windows Phone 8.0 or higher
The following devices are not supported: Symbian, WebOS, Bada, Maemo, MeeGo
Limitations possible in the case of certain older Android, Blackberry and feature phone versions
Flash: Adobe Flash Plugin 10 or higher
Mobile Flash: Support was suspended, but best possible display for diverse Android devices
HTML5: Complete support from HTML5
No optimization for Linux
5.3 The User must not infringe applicable legal provisions in the course of using the services offered.
6. Right of use
The User has the right only to personal use of the services. Dissemination of usage data is not permitted. The User shall be liable to FCB for all damage by reason of unauthorised dissemination of usage data.
7. Warranty and liability
7.1 FCB shall be liable in the scope of this contract in the event of a statutory or contractual liability to compensate for damage or futile expenditure caused by FCB, its lawful representatives or vicarious agents, in the case of intent or gross negligence. In the case of a minor negligent breach of a material obligation or of a secondary obligation, the breach of which jeopardises the achievement of the contractual purpose or the fulfilment of which enables the proper implementation of the contract and the fulfilment of which the customer was entitled to rely on (hereinafter “Material Subsidiary Obligation”), the liability of FCB shall be restricted to damage typical to the contract and foreseeable at the time of conclusion of the contract. FCB shall not be liable for minor negligent breach of contractual subsidiary obligations that are Material Subsidiary Obligations.
7.2 Claims for culpable causation of damage to life, limb or health, under the German Product Liability Act (Produkthaftungsgesetz), for fraudulent misrepresentation, based on a quality guarantee assumed by FCB or for a procurement risk assumed by FCB are not affected. The limitation of liability extends also to the personal liability of the lawful representatives and vicarious agents of FCB.
8. Duration; termination
8.1 The FC Bayern.tv plus (formerly FCB.tv) subscription has a fixed term for the period ordered, then extends automatically for the respective order period, but to a maximum term in each case of one year, unless previously two weeks‘ notice of termination of the service has been given prior to the end date.
8.2 If the User does not comply with his/her payment obligation fully or in part notwithstanding a reminder setting a reasonable deadline, which also may be sent to the email address provided by the User, FCB can terminate the subscription without notice.
9. Data protection; credit check
Compliance with data protection provisions is a matter of course for FCB. FCB uses the data within the framework of the statutory provisions, e.g. for performance of the contract or for the purposes of informing the customer of goods or services of FCB that are similar to the ordered goods or services. The customer can at any time object to use or transmission of his/her data by FCB for promotional purposes or purposes of market or opinion research. FCB shall explain this right of objection to the customer afresh on each promotional approach. You can obtain detailed information on our data protection declaration at: https://fcbayern.com/en/terms-and-conditions. If the customer wishes to object to the overall use of his/her details for promotional purposes, it is sufficient to send notice thereof by post to: FC Bayern München AG, Säbener Strasse 51–57, 81547 Munich or by email to: email@example.com.
For the purpose of the creditworthiness check where justified (for example direct debits) we shall exchange address and creditworthiness details with credit service companies. The service providers shall be given access only to such personal information as is necessary for performance of the respective task.
10. Alternative dispute resolution according to the act of consumer dispute resolution
We would like to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration service.
11. Final provision
11.1 The mandatory rules of the law where you habitually reside shall apply. Otherwise German law shall apply.
11.2 If the contractual partner deals as a business person within the meaning of the German Commercial Code (Handelsgesetzbuch or “HGB“), legal entity under public law or a special fund under public law, if he/she does not have a place of general jurisdiction in Germany or if his/her residence or usual domicile is not known at the time the claim is issued, then the exclusive jurisdiction for all disputes arising from and in connection with the contract and the place of performance for payment, delivery and services shall be the headquarters of FCB in Munich.
11.3 Amendments to the contractual terms must be in writing. This applies also for the lifting or amendment of this written form clause. Communication by fax or email does not satisfy the requirement for written form.
Version 7.0 January 2017