Terms and conditions

General Terms and Conditions of the international BVB-Online FanShop

§ 1 Scope of application

1.    The business relationship between BVB Merchandising GmbH, Rheinlanddamm 207-209, 44137 Dortmund (hereinafter: "Trader") and the consumer (hereinafter: "Customer) within the scope of the use of the BVB-Online FanShop and the purchase of goods shall be governed exclusively by the following General Terms and Conditions (hereinafter: "Terms") in the version valid at the time of the order. Deviating conditions of the consumer are not recognized, unless the Trader agrees to their validity expressly in writing.
2.    The Customer is a consumer, as far as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. Whereas an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
3.    The contact details of the Trader are:

BVB Merchandising GmbH
Rheinlanddamm 207-209
44137 Dortmund
Phone number: +49 231 9020-0
Fax number: +49 231 9020-3500
E-mail address: service@bvbonlineshop.com
Authorized representatives (managing directors): Dipl.-Oec. Matthias Zerber, Carsten Cramer, business address, see above.

§ 2 Conclusion of contract

1.    By presenting and advertising goods in the BVB-Online FanShop, the Trader does not make a binding offer to conclude a sales contract for certain goods.
2.     Orders can only be placed by persons of legal age.
3.     The consumer can select goods from the Trader’s goods range and collect them in a so-called shopping basket by clicking on the "Add to shopping cart" button. Before clicking on the button "checkout", all goods selected by the Customer and the total price of the goods are displayed again in an order overview. Before sending the order the Customer can change the data displayed in the order overview at any time and in particular - but not only - correct input errors. By clicking on the button "checkout" the Customer accepts these Terms and contract conditions and submits a binding offer to purchase the goods in the shopping cart.
4.    The Trader will then send the Customer an automatic order confirmation by e-mail in which the Customer’s order is listed again and which the Customer can print out using the "Print" function. The automatic order confirmation merely documents that the Customer’s order has been received by the Trader and does not constitute acceptance of the offer. The contract is only concluded if we accept your order by a declaration of acceptance or by the delivery of the ordered items within five days.
5.    The conclusion of the contract is offered in the respective national language of the online shop.
6.    At the latest with delivery of the good the contract text (consisting of order, Terms and confirmation of order) is sent to the Customer by the Trader (confirmation of contract) on a durable data medium (E-Mail or paper print).

§ 3 Right of withdrawal for consumers

1.    If the consumer Customer has purchased one or more goods in the BVB-Online FanShop, which are delivered in one delivery, the model instructions on withdrawal in Appendix 1 to these Terms applies.
2.    If the consumer Customer has purchased several goods in the BVB-Online FanShop which are delivered in partial deliveries, the model instructions on withdrawal in Appendix 2 to these Terms shall apply.
3.    To exercise the right of withdrawal, the Customer can use the sample withdrawal form in Appendix 3 to these Terms, which is however not mandatory.
4.    There is no right of withdrawal for distance contracts:
- For the delivery of goods which are not prefabricated and for which the manufacture is determined by an individual choice or selection by the Customer or which are clearly tailored to the personal needs of the Customer.
- For the delivery of sealed goods which, for hygienic reasons, are not suitable for return once their seal has been removed (e.g. underwear).
- For delivery of sound or video recordings or software in a sealed package if the seal has been removed after delivery.
5.  In the event of withdrawal, the Customer shall bear the direct costs of returning the goods.

§ 4 Optional right of return up to 30 days after receipt of goods

1. The Trader grants the Customer an optional right of return of 30 days from receipt of the goods, irrespective of the right of withdrawal to which the Customer is legally entitled. With this right of return, the Customer can also terminate the contract after expiry of the 14-day withdrawal period (see model instructions on withdrawal) by returning the goods to the Trader within 30 days of receipt (start of the term on the day after receipt of goods). Timely dispatch is sufficient to meet the deadline. The Trader bears the return costs if the Customer uses the return label provided by the Trader. This return label will be made available to the Customer on the Website at https://bvbonlineshop.com/us/return-shipment as soon as the Customer has completed the electronic process. If this return label is not used, the Customer shall bear the cost of the return and the risk of transport. The goods must be returned to: BVB Merchandising GmbH, Rheinlanddamm 207-209, 44137 Dortmund, Germany.
2. The optional right of return applies to all goods purchased by the Customer from the Trader, provided that the goods are complete, in undamaged condition and returned in original sales packaging together with any instructions and - if available - with undamaged seal.
3. Furthermore, the optional right of return does not apply to contracts for goods for which the Customer has no right of withdrawal according to § 3 No. 4 of the Terms. These goods cannot be returned by the Customer within the scope of the optional right of return.
4. If the Customer returns goods in accordance with this optional right of return, the Trader will refund the purchase price already paid by the Customer and the shipping costs of the original purchase. The Trader shall use the same means of payment for the refund as used by the Customer in the original transaction, unless expressly agreed otherwise with the Customer.
5. Until the expiry of the time limit for the legal right of withdrawal, the legal conditions listed therein shall apply exclusively. The right of return granted voluntarily by the Trader leaves the legal rights and claims of the Customer unaffected. In particular, the legal warranty claims and the right of withdrawal remain unaffected.

§ 5 Delivery, availability of goods

1.    If no items of the good selected by the Customer are available at the time the order is placed, the Trader shall inform the Customer thereof without undue delay. Design, colour, technical changes and/or printing errors remain reserved. If the goods are permanently unavailable, the Trader shall refrain from making a declaration of acceptance. In this case, a contract is not concluded. The Trader is entitled to partial deliveries, if this is reasonable for the Customer.
 2.    The goods will be delivered by postal shipping. Delivery periods and delivery dates result from the information in the ordering process.

§ 6 Retention of title

The Trader retains title of ownership to the delivered goods until full payment of the purchase price.

§ 7 Prices, Shipping Costs and Other Costs

1.    All prices stated on the website of the Trader and in these Terms are subject to the applicable legal sales tax.

2.    The Trader currently accepts payments in the following currencies:

- Euro (€)
- British Pound (£)
- US dollar (US$)
- Chinese Yuan (CNY).
- Japanese Yen (JP¥)
For orders outside Germany, delivery is free of shipping costs from a value of 100,- €; £ 85; US$ 110; CNY 800; JP¥ 12000.
3.    The Customer can find information about the shipping costs in the order history and information in the online shop. The shipping costs are to be borne by the Customer, unless the Customer makes use of his right of withdrawal. The costs for the return of goods are borne by the Customer.

4.    Information about import and customs costs:

    Orders can be subject to import fees and taxes, which apply as soon as a delivery has reached the country of destination. The applicable fees and costs for such import and customs clearance must be borne by the recipient. For further information, please contact your local customs authorities.

5.    Additional costs for the flocking of each jersey (name and number of your favourite player): EUR 10,-; additional costs for the flocking of the goalkeeper jersey: EUR 10,-; additional costs for the flocking of each jersey: EUR 15,-; flocking of the league logo: EUR 3,-; flocking of the UEFA Champions League logo or flocking of the UEFA Europa League logo: EUR 3,-; individualisation with initials: EUR 4,50.

§ 8 Payment terms

1. Payments may be made
•    using a credit card accepted by the BVB (VISA, Mastercard, American Express), or
•    PayPal.

2. The choice of the available payment methods is up to the Trader. In particular, the Trader reserves the right to offer the Customer only selected payment methods for the payment, for example only PayPal to protect the credit risk of the Trader.
3. Payment by credit card is made by entering the credit card number, the expiry date and, if applicable, the CVC number in the corresponding input fields of the order dialog. The Trader uses the Secure Socket Layer (SSL) encryption method, which currently meets the highest security standards on the Internet. As soon as the Customer has entered his data during payment and clicked on the confirmation button, the information is sent encrypted. This means that they are not accessible to third parties.
4. When paying via PayPal, the Customer has the option of making payments with MasterCard, VISA or American Express. There are two options available:
i.    The Customer has a PayPal account: If the Customer has selected the payment method PayPal in the order dialog, he automatically arrives at the PayPal login page after clicking on the button "Complete payment". The Customer logs on to the PayPal account with his access data and processes the payment.
ii.    The Customer does not have a PayPal account: In the payment dialog of PayPal the note "You do not have a PayPal account?" appears. There is the link "Continue". The Customer now clicks on this link in order to be able to select the means of payment as a guest. The Customer can thereafter choose between MasterCard, VISA and American Express. The advantage: The Customer does not have to register with PayPal.

§ 9 Defect rights, warranty

1.    The Trader is liable for material defects and/or defects of title in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB).
2.    The warranty obligation towards entrepreneurs is 12 months for items delivered by the Trader. This does not apply to claims for damages or compensation for futile expenses.
3.    A guarantee exists for the goods supplied by the supplier only if such guarantee has been expressly issued to the respective article. Details of the scope of such guarantees can be found in the guarantee conditions which may accompany the articles.

§ 10 Liability

1. The Trader shall be liable for damages without limitation - for whatever legal reason and including liability for legal representatives or vicarious agents - in the event of intent and gross negligence. The Trader is also liable without limitation for damages resulting from injury to life, body or health.
2. Furthermore, the Trader is liable for damages caused by slight negligence resulting from the violation of an essential contractual obligation (obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, the liability of the Trader is limited to the compensation of the foreseeable, typically occurring damage.
3. In all other respects, the liability of the Trader is excluded.
4. The limitations of liability resulting from the above shall not apply if the Trader has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The same applies to claims of the Customer under the Product Liability Act.
5. Insofar as liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
6. The Customer undertakes not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. The Trader does not check the transmitted data for correctness and assumes no liability for errors.

§ 11 Data protection

The Trader observes the data protection regulations. The data protection declarations can be found under https://bvbonlineshop.com/us/data-protection.

§ 12 Other

1. The European Commission provides a platform for online dispute resolution (ODS). This platform can be reached via the external link https://www.ec.europa.eu/consumers/odr. The Trader is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
2. The law of the Federal Republic of Germany shall apply, 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 the order has his habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
3.    If the Customer is a merchant in the sense of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Trader is the registered office of the Trader.
4.    Customer service: In case of problems the Customer can contact the Trader via the form to be found under "contact". With questions to the registration the Customer can the Trader via E-Mail under service@bvbonlineshop.com.


Right of withdrawal for consumers (Annex 1)

If the consumer has bought one or more goods in the BVB-Online Fanshop, which are delivered in one delivery, the following model instructions on withdrawal applies:

Model instructions on withdrawal

Right of withdrawal for consumers

You have the right to withdraw this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.

To exercise your right of withdrawal, you must inform us (BVB Merchandising GmbH, Rheinlanddamm 207-209, 44137 Dortmund, Germany, telephone number: +49 231 90200 fax number: +49 231 9020 3500, E-Mail-Address: service@bvbonlineshop.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter, fax or e-mail sent by post). You may use the attached model withdrawal form, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.  

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may refuse to refund until we have received the goods or until you have proved that you have returned the goods, whichever is the earliest.

You must return or deliver the goods to us immediately and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are 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. Unless otherwise agreed, the right of withdrawal does not apply to the following contracts:
•    For the delivery of goods which are not prefabricated and for which the production is determined by an individual choice or selection by the consumer or which are clearly tailored to the personal needs of the consumer.
•    For the delivery of sealed goods which, for hygienic reasons, are not suitable for return once their seal has been removed (e.g. underwear).
•    For delivery of sound or video recordings or software in a sealed package if the seal has been removed after delivery.

Right of withdrawal for consumers (Annex 2)

If the consumer has bought several goods in the BVB-Online FanShop, which are delivered in partial deliveries, the following withdrawal instruction applies:

Model instructions on withdrawal
Right of withdrawal for consumers

You have the right to withdraw this contract within 14 days without reason.

The withdrawal period will expire after 14 days from the date on which you or a third party other than the carrier designated by you have taken possession of the last good.

To exercise your right of withdrawal, you must inform us (BVB Merchandising GmbH, Rheinlanddamm 207-209, 44137 Dortmund, Germany, telephone number: +49 231 90200 fax number: +49 231 9020 3500, E-Mail-Address: service@bvbonlineshop.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter, fax or e-mail sent by post). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.  


Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may refuse to refund until we have received the goods or until you have proved that you have returned the goods, whichever is the earliest.

You must return or deliver the goods to us immediately and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are 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. Unless otherwise agreed, the right of withdrawal does not apply to the following contracts:
•    For the delivery of goods which are not prefabricated and for which the production is determined by an individual choice or selection by the consumer or which are clearly tailored to the personal needs of the consumer.
•    For the delivery of sealed goods which, for hygienic reasons, are not suitable for return once their seal has been removed (e.g. underwear).
•    For delivery of sound or video recordings or software in a sealed package if the seal has been removed after delivery.

To exercise your right of withdrawal, you may use the following form, which is not mandatory.

Model withdrawal form for consumers (Appendix 3)

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

— To BVB Merchandising GmbH, Rheinlanddamm 207-209, 44137 Dortmund, Germany, fax number: +49 231 9020 3500, e-mail address: service@bvbonlineshop.com :

— 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 if this form is notified on paper)

— Date

_______________

(*) Delete as appropriate.

Status: January 2020
BVB Merchandising GmbH

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