TERMS AND CONDITIONS ONLINE FAN SHOP
1. Validity, offer, conclusion of contract, minimum order value
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, Matthias Sammer 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. The minimum order value amounts to EUR 20.00. 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 Europe (including non-EU countries) amount to EUR 9.95 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 3.60 and an additional bank transfer fee currently amounting to EUR 2.00 (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.
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.
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: email@example.com) 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 enclosed with every delivery is used for all returns.
7. Trademark rights, data protection, credit check, Miles & More
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 FCB, compliance with valid data protection provisions is a matter of course. FCB uses the data within the scope of legal provisions, e.g. in order to execute the contract or in order to advise the customer of goods or services of FCB which are similar to the goods or services ordered. The customer may object to the use or transfer of his data for promotional purposes or the purpose of market or public opinion research by FCB at any time. FCB will advise the customer of this right of objection for every advertising approach. For credit checks, FCB will, in justifiable cases, exchange address and credit data with credit service companies. If applicable, FCB will advise of other intended uses in connection with the collection of data. If the customer wishes to object to the use of his data for advertising purposes, a message by mail shall be sufficient, sent to: FC Bayern München AG, Säbener Straße 51–57, 81547 Munich or via e-mail to: Datenschutz@fcb.de.
7.3 If the customer participates in the Miles & More program and wishes to have the premium miles collected in connection with his purchase from FCB credited or if the customer wishes to redeem his premium miles in connection with the purchase from FCB, FCB shall transfer the data necessary for crediting said miles to:
Miles & More International GmbH, Dornhofstraße 100, 63263 Neu-Isenburg
8. 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, Säbener Straße 51-57, 81547 München, or at any of our fan shops.”
9. 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.
10. 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.
11. Applicable law, ancillary arrangements
11.1. Apply the mandatory rules of law, in which you have a habitual abode. Incidentally, German law applies.
11.2. No ancillary verbal arrangements exist.
Munich, January 2017