Ordering and Delivery Conditions Autographcard Sale

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

Ordering and delivery conditions for FC Bayern München autograph cards

1. Scope, conclusion of contract, maximum order quantity

1.1. Business relations regarding the delivery of autograph cards between FC Bayern München AG,
address Säbener Straße 51-57, 81547 Munich, legally represented by the Executive Board Karl-Heinz
Rummenigge, Jan-Christian Dreesen, Andreas Jung and Jörg Wacker ("FCB"), and the Customer (the
"Customer") are subject exclusively to these terms and conditions. Deviating general terms and
conditions of the Customer shall not be recognised.

1.2 A contract between FCB and the Customer is established through the order by the Customer on the
one hand and delivery of the ordered autograph cards or express acceptance by FCB on the other hand.
If FCB does not accept the order from the customer within fourteen days, the order shall be deemed
rejected.1.3. The Customer can order autograph cards no more than once per season. The order quantity
per order is one (1) set of autograph cards of the entire professional squad, including the coaching team
("Autograph Set"). A member of the FCB may also order one (1) individual autograph card of each player,
the coaching team and/or the board.

1.4 The autograph set ordered by Customers who are not existing members of FCB is provided with a
facsimile signature of the person depicted and is reprinted every season.

The autograph cards (set or individual), which are ordered by Customers who are members of the FCB
at the time of the order or whose membership application has been approved by the FCB, are provided
with a signature of the person depicted and are reissued every season.

1.5 The Customer has no claim to completeness of the Autograph Set or the order of individual
autographs. Due to delivery difficulties, transfers or short-term changes, autograph cards of individual
players, coaches or Board members may not be available and may not be dispatched. However, FCB
endeavours in good faith to ensure that the Autograph Set will be complete.

1.6 With the “Commit to buy” button, the Customer submits a binding order for the purchase of the
products contained in the basket (autograph cards). Before sending the order, the Customer can change
and view the information at any time.

1.7 If no copies of the autograph cards selected by the Customer are available at the time of his order,
FCB will inform the Customer as soon as the availability has been checked. FCB will also give an estimate
on when the corresponding autograph card will be available again. If an autograph card is permanently
unavailable, FCB will not issue a declaration of acceptance. In this case, a contract will not be concluded.

2. Shipping costs, processing fees, terms of payment, delivery

2.1. The shipping costs worldwide are EUR 1.45. Shipping is to the address stored in the system.

2.2. The processing fee per order is EUR 1.55. The processing time may vary depending on the availability
of the autograph cards and may be up to 6 months. For the remainder, point 1.7 of these terms and
conditions shall apply regarding processing.

2.3. The payment of the processing fee according to point 2.2 and the shipping costs according to point
2.1 can be made by Visa, Master or American Express Card, as well as PayPal.

2.4. FCB is entitled to make partial deliveries, insofar as this is reasonable for the Customer.

4. Defects

FCB is responsible for defects within the scope of the statutory provisions. However, the Customer is
only entitled to claims for damages and reimbursement of expenses due to defects, insofar as the liability
of FCB is not excluded or limited in accordance with Section 5.
5. Liability

5.1. FCB is otherwise liable within the scope of this contract in the case of legal or contractual liability to
provide compensation for damages or for the reimbursement of futile expenses caused by FCB, its legal
representatives or vicarious agents, in cases of intent and gross negligence. In the case of a slightly
negligent violation of a principal obligation or a secondary obligation, the breach of which jeopardises the
achievement of the purpose of the contract or the fulfilment of which enables the proper execution of
the contract in the first place and on the observance of which the Customer was entitled to rely
(hereinafter referred to as a "significant secondary obligation"), FCB’s liability shall be limited to typical
contractual damage foreseeable at the time of conclusion of the contract. FCB is not liable for the slightly
negligent violation of ancillary contractual obligations which are not significant secondary obligations.

5.2. Claims for culpably causing damage to life, limb or health, under the Product Liability Act, for
fraudulent misrepresentation, as a result of a guarantee assumed by FCB for the condition of the
purchased item or for a procurement risk assumed by FCB remain unaffected.

5.3. The limitation of liability also extends to the personal liability of the legal representatives and
vicarious agents of the FCB.

6. INSTRUCTIONS ON RIGHTS OF CANCELLATION

Right of cancellation

The Customer has the right to cancel the contract within 14 days, without giving any reason. The
cancellation period is fourteen days from the day on which the Customer or a third party named by him,
who is not the carrier, has taken possession of the autograph cards.

In the case of an order for multiple autograph cards, the cancellation period is fourteen days from the
day on which the Customer or a third party named by him, who is not the carrier, has taken possession
of all of the autograph cards in his order.

In order to exercise the right of cancellation, the Customer must inform FCB (FC Bayern Munich AG,
Säbener Straße 51-57, 81547 Munich, Tel.:089/699310, Fax: 089/64281333, email:
autogrammkarten@fcb.de) by means of a clear statement (e.g. a letter sent by post or by fax) about his
decision to cancel this order.

In order to observe the right of withdrawal, it is sufficient for the Customer to send the notification of
the exercising of the right of withdrawal before the expiry of the withdrawal period. The burden of proof
for timely dispatch lies with the Customer.

Consequences of the cancellation:

If the Customer cancels his order, FCB must repay to him all payments it has received from the Customer,
including delivery costs, immediately and no later than fourteen days from the date on which FCB
received the notification of the Customer’s cancellation of this contract. For this repayment, FCB will use
the same means of payment as the Customer used in the original transaction, unless expressly agreed
otherwise with the Customer. In no case will the Customer be charged fees for this repayment. FCB may
refuse repayment until it has received the autograph cards back or until the Customer have provided
proof that he has returned the autograph cards, whichever is the earlier.

The Customer must return the autograph cards to FC Bayern München AG, Säbener Strasse 51-57,
Autogrammkartenstelle (autograph card office) 81547 Munich immediately and in any event no later than
fourteen days from the day on which he notifies FCB of the cancellation of his contract. The deadline is
met if the Customer sends the goods before the deadline of fourteen days.
The Customer only has to pay for a possible loss in value of the goods if this loss in value is due to a
check that is not necessary for the examination of the nature, characteristics and functioning of the
goods.

7. Data protection

For the FCB, compliance with the applicable data protection regulations is a matter of course. FCB uses
the data within the scope of the legal regulations, e.g. to execute the order. The Customer may object to
the use or transmission of his data for promotional purposes or purposes of market or opinion research
by the FCB at any time. FCB shall clarify this right of objection to the Customer once more during each
promotional approach. The FCB shall refer to any other intended uses when collecting the data. If the
Customer wishes to object to the commercial use of his information in general, a letter to: Bayern Munich
AG, Säbener Straße 51-57, 81547 Munich or an email to: Datenschutz@fcb.de is sufficient. Further
information on data protection can be found at: https://fcbayern.com/de/datenschutz

8. Alternative dispute resolution in accordance with the Consumer Dispute Settlement Act
(Verbraucherstreitbeilegungsgesetz)
We remind you that we are not willing and obliged to participate in dispute resolution procedures before
any consumer arbitration board.

9. Place of performance, jurisdiction

If the Customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity
under public law or special fund under public law, if he has no general place of jurisdiction in Germany or
if his domicile or habitual residence is not known at the time the legal action is brought, the exclusive
place of jurisdiction for all disputes arising from and in connection with the order and the place of
performance for payment, delivery and performance shall be at the registered office of FCB in Munich.

10. Applicable law, supplementary agreements

10.1. German law shall apply, excluding the UN Sales Convention.

10.2. There are no verbal supplementary agreements.

Updated: 2018

You might also like