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.

 

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.

 

4. Defects

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. Liability

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.

 

6. NOTICE REGARDING RIGHT OF CANCELLATION

Right of cancellation

 

The customer has the right to cancel this contract within 14 days without stating any reasons. The cancellation period amounts to fourteen days from the day on which the customer, or a third-party appointed by the customer who is not the freight carrier, has taken possession of the goods. In the event of an agreement for multiple goods, the cancellation period shall amount to fourteen days from the day on which the customer, or a third party appointed by the customer who is not the freight carrier, took possession of the last item in the order.

In order to exercise the right of cancellation, the customer must inform FCB (FC Bayern München AG, Säbener Straße 51-57, 81547 Munich, Tel.:089/69931-666 Fax: 089/6132451, e-mail: fanshop@fcb.de) by way of a clear statement (e.g. a letter sent by mail or fax, e-mail) advising of the decision to cancel this contract. The customer may use the enclosed sample cancellation form; however, this is not required.

In order to comply with the cancellation period, it is sufficient that the customer send the notice advising that the right of cancellation is being exercised before the end of the cancellation period.

 

Consequences of the cancellation:

If the customer cancels this contract, FCB must immediately refund all payments to the customer which it received from the customer, including costs of delivery (with the exception of additional costs arising because the customer selected a type of delivery other than the least expensive standard delivery offered by FCB), no later than fourteen days from the date on which the notice of the cancellation of this contract was received by FCB. FCB shall use the same payment method for the refund which the customer used in the initial transaction unless another payment method has been expressly agreed with the customer; in no case will the customer be charged any fees in connection with said refund. FCB may refuse to issue a refund until the goods have been returned to it or the customer has provided proof that the goods have been sent, whichever comes earlier.

The customer must immediately return or hand over the goods, in any case no later than fourteen days from the date on which the customer notifies FCB of the cancellation of the contract, to FC Bayern München AG, Säbener Straße 51-57, 81547 Munich. The deadline has been met if the customer sends the goods before the period of fourteen days has passed.

The customer bears the direct costs of returning the goods.

The customer is only required to compensate any decline in the value of the goods if this is attributed to any handling that is not necessary with respect to verifying the condition, characteristics and function of the goods

 

NOTICE: EXCLUSION of the right of cancellation

In accordance with Section 312g (2) BGB, goods which are not prefabricated and for whose production an individual selection or stipulation by the customer is decisive or which are specifically tailored to the personal needs of the customer (e.g. shirts with personalized printing), sealed audio or video recordings or computer software if the seal was removed after delivery, as well as newspapers, magazines or illustrations with the exception of subscription agreements shall be excluded from the right of cancellation for distance selling agreements.
There is no right of cancellation if the customer is an entrepreneur in accordance with Section 14 BGB, i.e., a natural person or legal entity or a partnership with legal capacity, who or which is conducting their commercial or entrepreneurial activity in concluding the legal transaction.

We kindly request that the return label is used for all returns.

 

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 fanshop@fcb.de 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 datenschutz@fcb.de 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 poststelle@lda.bayern.de; further data protection supervisory authorities can be found at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

 

9. Information in accordance with the German Batteries Act

Information in accordance with the German Batteries Act:

Some of our products require the use of batteries. Batteries are not allowed to be disposed of in your household waste. The end-consumer is legally obliged to return all used batteries to public collection points or to where batteries are sold. Batteries are marked with a crossed-out wheelie-bin and with one of the following chemical symbols:
Cd (= Battery contains cadmium)
Hg (= Battery contains mercury)
Pb (= Battery contains lead)
You can return used batteries free of charge to the following address: FC Bayern München AG, Postfach 90 04 20, 81504 München oder in allen Fan-Shops des FCB.

 

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. Apply the mandatory rules of law, in which you have a habitual abode. Incidentally, German law applies.

12.2. No ancillary verbal arrangements exist.

Munich, February 2019

 

Revocation form

(If you want to cancel the contract, please fill out this form and send it back.)

- To FC Bayern München AG, Merchandising & Licensing, Säbener Str. 51-57, 81547 Munich, Germany, Fax 089/6132451, E-Mail fanshop@fcb.de:

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

- Ordered on (*)/received on (*)

- Name(s) of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only for paper communication)

- date

_____________
(*) Delete as appropriate.