TERMS AND CONDITIONS ONLINE FAN SHOP
1. Validity, offer, conclusion of contract
1.1. These terms and conditions shall apply exclusively for all goods and services rendered by FC Bayern München AG, service address Säbener Straße 51-57, 81547 Munich, legally represented by board members Karl-Heinz Rummenigge, Jan-Christian Dreesen, Andreas Jung and Jörg Wacker (“FCB”) concerning goods from the fan catalogue, website Shop.fcbayern.de or those transmitted to mobile phones via SMS. Different Terms and Conditions apply for corporate customers (“Businesses” in the sense of Section 14 BGB (Bürgerlichesgesetzbuch [German Civil Code]).
1.2. A contract between FCB and the customer shall be established with the order of the customer on one hand and the delivery of the ordered goods or express acceptance by FCB on the other hand. If FCB does not respond within ten days, the order shall be deemed rejected. Only persons of the age of majority may order alcoholic beverages.
1.3.The text of the contract shall not be stored by FCB and can not retrieved after completion of the order process. Immediately after placing the order, FCB will send a confirmation of receipt with an overview of the order data and the Terms and Conditions (TAC) to the e-mail address specified by the customer. If the customer has created a customer account before sending his order and has logged in via the website with his customer data, the contract text will be archived on the FCB website and can be retrieved free of charge by the customer in the customer account under the heading "MyFCB / Fanshop, Orders" by providing the corresponding login data. In addition, the customer can view the TAC at any time at https://fcbayern.com/shop/en/service/agb.
2. Shipping costs, payment terms and conditions, delivery
2.1. Shipping costs within Germany amount to EUR 4.95. Shipping costs for Austria amount to EUR 6.95, Europe (including non-EU countries), United States EUR 12.95 and EUR 19.95 for worldwide deliveries. Shipping costs are waived for order values of EUR 60.00 or more (only valid for orders to destinations in Germany). For 24-hour delivery to destinations in Germany (acceptance of orders Monday - Friday until 12:00 p.m.) FCB shall charge an express fee of EUR 10.00 (cash-on-delivery is not accepted).
2.2. All indicated amounts include VAT. Deliveries to destinations within Germany may be paid for by cash-on-delivery (excluding articles personalized according to the customer's wishes e.g. shirts with personalized printing and the number 12), via SEPA direct debit in accordance with section 3 below (only possible for written orders) or with Paypal, Visa, Master or American Express cards. The deliverer shall charge an additional fee currently amounting to EUR 5.60 (subject to change) for cash-on-delivery. For international orders, FCB accepts payment by Paypal or with credit card (Visa, Mastercard or American Express Card). If multiple discounts apply, the highest discount shall be valid. No discounts will be offered on goods with reduced prices.
2.3. FCB is entitled to perform partial deliveries if this is reasonable for the customer.
2.4 For a safe and punctual shipment by the respective logistics service provider, it is necessary that the FCB forwards further contact details of the customer (e.g. e-mail address, telephone number) in addition to the customer's address.
3. Payment via SEPA direct debit
If payment via SEPA direct debit has been agreed and the customer has issued a corresponding direct debit order, the following applies: In general, FCB provides pre-notification of an upcoming direct debit together with the issue of the invoice (or other method of communication agreed with the customer) no later than 1 (one) calendar day before the due date of the direct debit. The amount is debited on the due date specified in the demand for payment (invoice); no separate pre-notification is sent. The corresponding amount will be debited on the due date specified on the respective demand for payment. If the due date is on a weekend or public holiday, it will be postponed to the next bank business day. For purchases with a different account holder, pre-notification will be issued to the customer. This customer undertakes to inform the account holder of the upcoming direct debit.
The customer must ensure that the account has adequate funds. Costs in connection with non-payment or the reversal of the debit will be charged to the customer unless the customer is not responsible for the non-payment or refund. Direct debit authorizations granted in connection with online commerce are deemed to be SEPA direct debit mandates – the customer is provided with confirmation of this in a separate e-mail. In the event of partial deliveries, the amount will also be charged on the due date specified on the invoice.
FCB shall take responsibility for defects within the scope of legal provisions. However, customers are only entitled to claims for compensation and for the reimbursement of expenses due to defects to the extent that the liability of FCB is not excluded or limited under section 5.
5.1. FCB is otherwise liable within the domain of validity of this contract if there is legal or contractual liability for the reimbursement of losses and/or reimbursement of futile expenses caused by FCB, its legal representatives or vicarious agents, in the event of intent and gross negligence. In the event of the breach of a principal or ancillary obligation under this contract through simple negligence which jeopardizes compliance with the purpose of the contract or whose fulfillment is a prerequisite for the proper execution of the contract and the compliance with which the customer may rely on (hereinafter referred to as “Essential Ancillary Obligation”), the liability of FCB is limited to damage which is typical for the contract and which was foreseeable at the time the contract was concluded. FCB shall not be liable for a breach of ancillary contractual obligations through simple negligence if they do not constitute Essential Ancillary Obligations.
5.2. Claims due to the culpable causation of injury to life, limb or health, in accordance with the Product Liability Act (Produkthaftungsgesetz), as the result of intentional deception, on the basis of a guarantee assumed by FCB for the condition of the purchased item or for a procurement risk assumed by FCB shall remain unaffected.
5.3. The limitation of liability also includes the personal liability of the legal representatives and vicarious agents of FCB.
7. Copyrights, credit check
7.1 All logos, photographs and other images on the website and/or in the online catalogue are protected by trademark and/or copyright law. Any use without the consent of FCB, in particular the unauthorized download of images, is prohibited and will be prosecuted under civil and/or criminal law.
7.2 For credit checks, FCB will, in justifiable cases, exchange address and credit data with credit service companies.
8. Data protection
8.1 Insofar as the FCB collects or processes personal data within the scope of its activities, this is done exclusively in accordance with data protection regulations, in particular the EU Data Protection Basic Regulation (DSGVO).
8.2 The FCB collects personal data of the customer and, if applicable, of an account or credit card holder deviating from these persons (hereinafter referred to collectively as the "person concerned") as part of the conclusion of the contract. This includes name, contact, bank details and other data which are listed in the order and which are necessary for the execution and handling of the contract. The FCB processes these personal data exclusively for the fulfilment of its pre-contractual and contractual obligations towards the customer. The legal basis for the processing of personal data is the fulfilment of pre-contractual and contractual obligations (Art. 6 para. 1 letter b DSGVO).
8.3 If the customer has given his consent to the FCB, the FCB shall also process the name and e-mail address of the customer in order to send him the FCB Newsletter. The customer may revoke his consent to receive the newsletter at any time with effect for the future, without the lawfulness of the processing carried out on the basis of the consent until revocation being affected, by clicking on the corresponding link in the footer of the newsletter or by sending the FCB a corresponding e-mail to email@example.com The legal basis for this is the consent given by the customer (Art. 6 Para. 1 Letter a DSGVO).
8.4 The FCB shall not disclose the personal data to third parties unless this is necessary to fulfil the request of the person concerned, otherwise permitted by relevant legal provisions or the person concerned has given his consent to the FCB. In particular, the FCB uses logistics service providers to send postal items in connection with the order. The legal basis for this is the fulfilment of contractual obligations (Art. 6 para. 1 letter b DSGVO). The FCB is also entitled to outsource the processing of personal data in whole or in part to external service providers acting for the FCB as so-called contract processors (Art. 4 No. 8 DSGVO) within the framework of data protection regulations. If these service providers are based outside the European Union or the Treaty establishing the European Economic Area, the FCB will take appropriate security measures in accordance with legal and regulatory requirements to ensure the security of personal data.
8.5 Personal data shall only be stored by the FCB for as long as it is necessary to achieve the purposes for which it was collected or - to the extent that statutory retention periods extend beyond this - for the duration of the statutory retention period. The personal data will then be deleted.
8.6 The data subject may contact the FCB's data protection officer at FC Bayern München AG, Datenschutz, Säbener Straße 51-57, 81547 München, e-mail firstname.lastname@example.org if he or she has any questions regarding data protection and, in particular, if he or she wishes to assert the data protection rights listed below: The person concerned may (a) request information about the stored personal data, (b) correct and, if necessary, complete incomplete personal data, delete or restrict processing and (c) request the transmission of his/her stored personal data, (d) object to further processing, (e) request the provision of his/her personal data in a structured, common and machine-readable format and (f) revoke the consent given. In addition, the data subject may lodge a complaint with a data protection supervisory authority. The data protection supervisory authority responsible for the FCB is the Bayerisches Landesamt für Datenschutzaufsicht, Promenade 27 (Schloss), 91522 Ansbach, Germany, telephone +49 (0)981 53 1300, fax +49 (0)981 98 1300, e-mail email@example.com; further data protection supervisory authorities can be found at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
10. Alternative dispute resolution according to the act of customer dispute resolution
If We would like to point out that we are not wiling an not obliged to participate in dispute resolution proceeding before a consumer arbitration service.
11. Place of performance, legal venue
If the customer is a merchant as defined by the German Commercial Code (Handelsgesetzbuch - HGB), public law entity or special fund under public law, the exclusive legal venue for all disputes resulting out of and in connection with the contractual relationship as well as the place of performance for payment, delivery and performance shall be the headquarters of FCB in Munich. This shall also apply if the customer has no general legal domicile in Germany or if he has relocated his domicile or place of usual residence to a location outside of Germany or if his domicile or place of residence is not known at the time the action is brought. FCB is, however, also entitled to bring action at the headquarters of the customer.
12. Applicable law, ancillary arrangements
12.1. German law shall apply. If the customer has his habitual residence in a country of the European Economic Area other than Germany, the customer shall remain protected by the relevant provisions of his country of habitual residence which cannot be deviated from by agreement.
12.2. No ancillary verbal arrangements exist.
Munich, February 2019