General Terms and Conditions FC Bayern Store
1. Validity, offer, conclusion of contract
1.1. These General Terms and Conditions apply exclusively to all deliveries and services of FC Bayern München AG, summonable address Säbener Straße 51-57, 81547 Munich, legally represented by the management board Jan-Christian Dreesen, Dr. Michael Diederich and Max Eberl ("FCB"), via goods from the catalogue, from the website fcbayern.com/store or which are transferred to mobile phones via text message. Diverging terms and conditions of the customer are not accepted. This also applies if the inclusion is not expressly objected to. Different terms and conditions apply to business customers ("entrepreneurs" as defined in section 14 German Civil Code (BGB)).
1.2. The customer's order on the one hand and delivery of the ordered goods or express acceptance by FCB on the other create a contract between FCB and the customer. If FCB does not respond within ten days, the order will be deemed rejected. Only persons of legal age may order alcoholic beverages.
1.3. FCB does not store the text of the contract, nor can the latter be retrieved once the order process has been completed. Immediately after the order has been placed, FCB will send confirmation of receipt with an overview of the order data and a copy of these General Terms and Conditions to the email address provided by the customer. This automatic confirmation of receipt merely documents that FCB has received the customer's order and does not constitute acceptance of the order. If the customer has created an account before sending the order and has logged on to the website using their customer details, the text of the contract 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/Online Store, Orders" by entering the relevant login details. The customer can also view these General Terms and Conditions at any time at fcbayern.com/store/en-aa/i/agb.
2. Shipping costs, terms of payment, delivery
2.1. The cost of shipping is included in the price details listed in the FCB Online Store. The full price including VAT and shipping is also displayed in the order form before the customer submits the order. 2.2. All amounts shown include VAT. Payment can be made in Germany by PayPal, credit card (Visa, Master or American Express Card), Klarna (invoice), Klarna (instant bank transfer/bank collection) and Klarna (payment by instalments). FCB also accepts these methods of payment for orders from outside Germany.
2.3 If multiple discounts are valid for a given order, only the highest will be applied in each case. Reduced goods are not eligible for discount.
2.4 The delivery period is five to seven working days, unless otherwise agreed.
2.5. FCB is entitled to make partial deliveries if this is reasonable for the customer. If we fulfil the customer's order by means of partial deliveries, the customer will only incur shipping costs for the first partial delivery. If partial deliveries are made at the customer's request, we will charge shipping costs for each partial delivery.
2.6. To enable the relevant logistics service provider to deliver securely and on time, FCB needs to pass on further contact details (e.g. email address, telephone number) to them in addition to the customer's address.
3. Defects
FCB assumes liability for defects within the scope of statutory provisions. However, customers are only entitled to claim compensation or reimbursement of expenses due to defects if FCB's liability is not precluded or limited pursuant to section 4.
4. Liability
4.1. FCB is otherwise liable within the scope of this contract if there is statutory or contractual liability for the reimbursement of damage or for the reimbursement of futile expenditure 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 secondary obligation under this contract as a result of simple negligence which jeopardises compliance with the purpose of the contract or whose fulfilment is a prerequisite for the proper execution of the contract and the compliance with which the customer may rely on ("Material Secondary 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 is not liable for a breach of secondary contractual obligations as a result of simple negligence if they do not constitute Material Secondary Obligations.
4.2. Claims on the basis of culpable causation of injury to life, limb or health, under the German Product Liability Act (ProdHaftG), as a result of fraudulent misrepresentation, on the basis of a guarantee assumed by FCB for the nature of the purchased item or for a procurement risk assumed by FCB remain unaffected.
4.3. The limitation of liability also includes the personal liability of the legal representatives and vicarious agents of FCB.
5. Information concerning the right of withdrawal
Right of withdrawal
The customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the goods. In the case of a contract relating to multiple goods, the withdrawal period will expire after 14 days from the day on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the last good.
To exercise the right of withdrawal, the customer must inform FCB (FC Bayern München AG, Säbener Str. 51-57, 81547 Munich, Tel.: +4989/69931-666, email: store@fcbayern.com) of their decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). The customer may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
If the customer withdraws from this contract, FCB must reimburse to the customer all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from the customer's choice of a type of delivery other than the least expensive type of standard delivery offered by FCB), without delay and at the latest within fourteen days from the day on which FCB received the notification of his withdrawal from this contract. FCB will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless the customer has expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement. FCB may withhold reimbursement until FCB has received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
The customer must send back the goods or hand them over to FC Bayern München AG, Säbener Str. 51-57, 81547 Munich, without delay and in any event not later than 14 days from the day on which the customer communicates their withdrawal from this contract to FCB. The deadline is met if the customer sends back the goods before the period of 14 days has expired.
The customer will have to bear the direct cost of returning the goods.
The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
NOTE: EXCLUSION of the right of withdrawal
Under section 312g (2) German Civil Code (BGB), goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer (e.g. football shirts with custom flocking), sealed audio or video recordings or computer software, if they were unsealed after delivery, and newspapers, journals or magazines, with the exception of subscription contracts for the supply of such publications, are excluded from the right of withdrawal in distance contracts.
The right of withdrawal does not apply if the customer is an entrepreneur as defined in section 14 German Civil Code (BGB), i.e. a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
When returning goods, please use the return slip enclosed with the invoice. The customer is under no obligation to do this.
6. Property rights, credit check
6.1 All logos, photographs and other images published on the website or in the online catalogue are protected by trade mark and/or copyright law. Any use without the consent of FCB, in particular the unauthorised download of images, is prohibited and will be prosecuted under civil or criminal law.
6.2 6.2 In order to check the creditworthiness, FCB may use information (e.g. also a so-called score value) from external service providers to help in making a decision and make the method of payment dependent on this. The information also includes information about the customer's address. This is done for the purpose of processing the contract, Art. 6 para. 1b) DSGVO. Further information on this can be found in section 7.
7. Data protection
7.1 Where FCB collects or processes personal data, this is done exclusively in accordance with data protection regulations, in particular the EU General Data Protection Regulation (GDPR).
7.2 FCB collects personal data concerning the customer and, if applicable, concerning an account or credit-card holder where these differ from those of the customer ("data subject") within the scope of conclusion of the contract. These data include the name, contact/bank details and other data listed in the order and which are necessary for the execution and processing of the contract. 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 (Article 6 (1) (b) GDPR).
7.3 If the customer has given their consent to FCB, FCB will also process the customer's name and email address to send them the FCB newsletter. The customer can revoke their consent to receive the newsletter at any time with effect for the future, without affecting the lawfulness of the processing carried out on the basis of that consent until revocation, by clicking on the relevant link below the newsletter or by emailing FCB at store@fcbayern.com. The legal basis for this is the consent given by the customer (Article 6 (1) (a) GDPR).
7.4 FCB will not disclose the personal data to third parties unless this is necessary for the fulfilment of the data subject's request, is otherwise permitted by relevant statutory provisions or if the data subject has given FCB their consent. In particular, FCB uses logistics service providers to send postal items in connection with the order or payment service providers to process payment. The legal basis for this is the fulfilment of contractual obligations (Article 6 (1) (b) GDPR). FCB is further entitled to outsource the processing of personal data in whole or in part to external service providers acting as so-called processors on behalf of FCB (Article 4 (8) GDPR). If these service providers are based outside the European Union or the Treaty Agreement on the European Economic Area, FCB will implement appropriate security measures in compliance with legal and regulatory requirements to ensure the security of personal data.
7.5 FCB will only store personal data for as long as is necessary to achieve the purposes for which they were collected or – if longer statutory retention periods apply – for the duration of the retention period prescribed by statute. The personal data will then be deleted.
7.6 The data subject can contact the FCB data protection officer at FC Bayern München AG, Data Protection, Säbener Str. 51-57, 81547 Munich, email datenschutz@fcbayern.com, with any questions regarding data protection and, in particular, to assert the following rights under data protection law: the data subject can (a) request information on the personal data stored, (b) request the rectification and, where appropriate, the completion of incomplete personal data, the erasure or restriction of processing, (c) request to receive their stored personal data, (d) object to further processing, (e) request that their personal data be provided in a structured, commonly used and machine-readable format, and (f) withdraw the consent given. In addition, the data subject can lodge a complaint with a data protection supervisory authority. The data protection supervisory authority responsible for FCB is the Bavarian State Office for Data Protection Supervision (Bayerische Landesamt für Datenschutzaufsicht), Promenade 27 (Schloss), 91522 Ansbach, telephone +49 (0)981 53 1300, fax +49 (0)981 98 1300, email poststelle@lda.bayern.de; other data protection supervisory authorities can be found at https://www.bfdi.bund.de/EN/Service/Anschriften/Laender/Laender-node.html.
8. Information concerning German Batteries Act (BattG)
Some products sold by FCB require the use of batteries. Batteries must not be disposed of with household waste. End users are required by law to return all used (rechargeable) batteries, e.g. to public collection points or where batteries are sold. Batteries are marked with a crossed-out dustbin and with one of the following chemical symbols:
Cd (= battery contains more than 0.002 % cadmium by mass)
Hg (= battery contains more than 0.0005 % mercury by mass)
Pb (= battery contains more than 0.004 % lead by mass)
The customer can return used batteries free of charge to any FCB fan shop or to the following address: FC Bayern München AG, P.O. Box 90 04 20, 81504 Munich.
9. Alternative dispute resolution under the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG)
Please note that we are not willing or required to participate in dispute resolution proceedings before a consumer arbitration board.
10. Place of performance, place of jurisdiction
10.1 If the customer is a merchant (Kaufmann) as defined in the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship, and the place of performance for payment, delivery and performance will be at the registered office of FCB in Munich. This also applies if that customer has no general place of jurisdiction in Germany or if the customer moves his/her place of residence or habitual abode to a place outside Germany after conclusion of the contract, or if his/her domicile or general place of residence is not known at the time the action is brought. However, FCB can also sue at the customer's registered office.
10.2. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) or another applicable law, the non-exclusive jurisdiction of the courts at FCB's registered office in Munich is additionally agreed for actions brought by the customer against FCB. Customers who are consumers with habitual residence in the EU may choose to assert claims in connection with these General Terms and Conditions both in Munich and in the EU member state in which the customer resides. FCB may bring actions against the consumer only before the courts of the EU member state in whose territory the consumer is domiciled.
11. Applicable law, side agreements
11.1. These General Terms and Conditions are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and at the time of placing the order the customer's habitual residence is in another EU member state, the application of the mandatory legal provisions of that country will remain unaffected by the choice of law in sentence 1.
11.2. There are no oral side agreements.
Munich, August 2022
Withdrawal form
(If you wish to withdraw from the contract, please complete and return this form.)
· To FC Bayern München AG, Merchandising & Licences, Säbener Str. 51-57, 81547 Munich, email store@fcbayern.com:
· I/We (*) hereby withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
· Ordered on (*)/received on (*)
· Name of consumer(s)
· Address of consumer(s)
· Signature of consumer(s) (only if this form is being submitted as a hard copy)
· Date
_____________
(*) Delete as appropriate.