Terms and Conditions
§ 1 Scope
1.1 Consumers: These Terms and Conditions (hereinafter referred to as “TC’s”) shall apply to all orders placed by consumers pursuant to Sec. 13 German Civil Code (hereinafter referred to as “Purchaser” through the DFB-Fanshop on http://fanshop.dfb.de operated by
60528 Frankfurt / am Main
Managing directors DFB GmbH: Dr. Ulrich Bergmoser, Denni Strich
Commercial register: Local Court of Frankfurt / Main HRB 218 24
VAT id. no.: DE 114232696
(hereinafter referred to as “DFB-Fanshop”).
1.2 Entrepreneurs: Different business conditions apply to commercial Purchasers pursuant to Sec. 14 German Civil Code (hereinafter referred to as “Entrepreneurs”).
§ 2 Conclusion of Contract
2.1 Purchase order types: The Purchaser orders the goods offered in the DFB-Fanshop directly through the internet (http://fanshop.dfb.de).
2.2 Minors: DFB-Fanshop does not offer goods for the purchase of minors. Purchasers under the age of 18 years shall provide the signature of a legal representative.
2.3 Declaration of acceptance: A legally binding sales contract between DFB-Fanshop and the Purchaser will be concluded by the transmission of the order confirmation, at the latest with the delivery of the ordered goods. If the Purchaser orders the goods electronically through the DFB-Fanshop, the Purchaser shall automatically receive an E-mail confirming receipt of the order. A copy of the contract or a confirmation of the contract will be issued to the Purchaser after the conclusion of the contract, at the latest with delivery of the ordered goods, will it be in writing or after the consent of the Purchaser on a permanent data medium.
§ 3 Prices and Delivery Costs
3.1 Prices: The prices of the offered goods apply as provided in the offer at the time the order was placed. The given prices are final prices, which means that the final prices stated on the product pages include the applicable statutory value added tax (potential accruing additional customs clearing costs, such as fees and taxes, in the individual countries by shipping abroad in non-EU countries cannot be indicated within DFB-Fanshop, see section 3.2).
3.2 Shipping Costs: There will be no delivery charges for orders above €100.00. All other shipping costs will be borne by the Purchaser in the amount of €5.00 including taxes. Domestic shipping of bulky items, in particular DFB table soccer, will be charged with standard shipping costs of €25.00 regardless of order value. Shipping costs for deliveries abroad within the European Union can be found under http://fanshop.dfb.de/en/Shipping+service. For orders/deliveries in non-EU countries national customs clearing costs, such as import fees, charges and/or taxes may accrue. These potential additional fees and taxes for customs clearing shall bear the Purchaser. Customs regulations may vary. DFB-Fanshop cannot influence these fees or taxes and cannot indicate the specific amount of these individual fees and taxes. For further information please contact the relevant customs authorities. For further details, we refer to http://fanshop.dfb.de/en/Shipping+service.
3.3 DFB Fan Club members: National shipping of the DFB table soccer is free of charge for all DFB Fan Club members.
§ 4 Gift Vouchers
4.1 Redemption: Gift vouchers (vouchers to be purchased) can be redeemed for the purchase of goods on DFB-Fanshop through http://fanshop.dfb.de. Gift vouchers and credit can only be redeemed before finalizing the order process. A later redemption is not admissible.
4.2 Terms: The credit of a gift voucher will not be reimbursed in cash nor is it subject to any interest rate. The gift voucher is not transferable. A cancellation of the purchase of a gift voucher can be proceeded by the customer service just before the redemption of the gift voucher. A gift voucher is cashed as it has been used for the payment of a placed order or has been cashed to the Purchaser’s credit account. In the event, the credit of the gift voucher has not sufficient funds, the remaining amount might be paid by the methods of payment available in the purchase process.
4.3 Limitations: Only one gift voucher may be redeemed per person and per booking. The value of the order has to be equivalent to the value of the gift voucher. Gift vouchers cannot be redeemed with all offered goods. Gift vouchers cannot be used to purchase further gift vouchers. The commercial use of gift vouchers is not permitted. The reproduction, editing or manipulation of gift vouchers is not permitted as well.
4.4 Liability: DFB-Fanshop assumes no liability for any loss, theft or any other illegibility, not caused by DFB-Fanshop. DFB-Fanshop further assumes no liability for typos of the e-mail address of the recipient of the gift voucher.
§ 5 Terms of Delivery
5.1 Delivery area and limitations on delivery: National and international deliveries are proceeded via DHL or a DHL contracting partner. We refer to specific existing limitations of delivery to which the Purchaser will be notified at the beginning of the order process.
5.2 Delivery time: The previously dates of delivery for your order in DFB-Fanshop can be found either displayed within the order process or under, http://fanshop.dfb.de/en/Shipping+service
5.3 Product availability: Should products ordered by the purchaser not be available because they have not been delivered by DFB-Fanshop suppliers despite duly orders by DFB-Fanshop, DFB-Fanshop can withdraw from the agreement. In this case, DFB-Fanshop will notify the Purchaser immediately and if necessary, propose delivery of a comparable product. Should the PurchaserPurchaser decline to exchange their order for a comparable product, or should there be no comparable products in stock, payments will be refunded immediately to the buyer.
5.4 Non-delivery: In the case that purchased items are not delivered, despite delivery attempt and notifications, DFB-Fanshop can withdraw from the sales agreement. Any payments made will be refunded to the Purchaser immediately. In case delivery to the indicated address within the EU or in non-EU countries fails the Purchaser shall bear the return shipping costs.
§ 6 Methods of Payment
6.1 Methods of payment: The Purchaser can pay by credit card, cash on delivery, secure online payment and purchase on account. In individual cases, to secure its credit risk, the DFB-Fanshop reserves the right not to offer specific methods of payments. Payment by sending cash or checks is not admissible. Cash on delivery is excluded for orders in non-EU countries.
6.2 Online payment services: In case of online payment (e.g. PayPal, paydirekt), the Purchaser authorizes DFB-Fanshop to recover all the amount due and payable.
6.3 Credit card: In the event of payment by credit card, the Purchaser explicitly authorizes DFB-Fanshop to charge the Purchaser’s account when the merchandise is shipped (partial delivery sufficient).
6.4 Invoice: In case of payment by invoice, the invoice amount must be paid within 14 days after goods are received, without any deduction or cash discount. The invoice is usually sent by e-Mail (if available) otherwise by ordinary mail to the address provided by the Purchaser.6.5 Cash on delivery: In case of payment by cash on delivery, payment is due upon receipt of goods. This is stated on the invoice. Payment must be made in cash upon receipt of the goods to the delivery messenger. In addition to the purchase price, a delivery fee of €5.00 and an additional fee of €2.00 will be charged. In case the goods are returned, the invoice amount including the processing fee will be transferred to the Purchaser’s account.
§ 7 Default of Payment
All invoices are due and payable immediately without deduction. If a calendar due date is given for payment, default of payment will result if the payment is not made on time; no prior written reminder is required. If no specific calendar due date is indicated for payment, default of payment will occur automatically 30 days after receipt of the invoice; no prior written reminder is required. In case of default of payment, DFB-Fanshop reserves its right to send a payment reminder to the Purchaser on a goodwill basis.
Once default has occurred the DFB-Fanshop reserve the right to claim damage caused by delay (e.g. costs for lawyers, costs for reminder, default interest). The DFB-Fanshop’s right to withdraw from the contract and to demand return of the delivered goods remains unaffected thereby.
§ 8 Set-off
The customer is only entitled to set off payment against payment claims of the DFB-Fanshop if the counterclaim is legally binding undisputed or disputed and ready for decision. Exclusion of set-off does not affect the Purchaser’s right to withhold performance according to Sec. 320 German Civil Code and does not refer to any potential claims for damages arising out of the same contractual relationship.
§ 9 Title Retention
The goods remain property of the DFB-Fanshop until payment is made in full by the Purchaser. Prior to the transfer of ownership no pledging, chattel mortgage, processing, or transformation is permitted without the written prior consent of the DFB-Fanshop.
§ 10 Instructions on revocation
Right of revocation
You have the right to withdraw from this contract within 14 days without giving any reason. The revocation period of 14 days will start
- on the day you or any other third person authorized by you, which is not the carrier itself, take possession or have taken possession of the relevant goods or products;
- in case of a contract of several goods or products, within a uniform ordering process and partial shipment, on the day you or any other third person authorized by you, which is not the carrier itself, take possession or have taken possession of the last relevant good or product;
- in case of a contract of a single good or product in partial shipments or pieces, on the day you or any other third person authorized by you, which is not the carrier itself, take possession or have taken possession of the last partial shipment or partial product.
In order to properly exercise your right of revocation, you shall inform DFB-Fanshop of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by ordinary mail, e-mail or by phone). You may use the attached model revocation form provided on the website http://fanshop.dfb.de, which is not mandatory. In this case DFB-Fanshop will confirm proper receipt of your withdrawal in due time (e.g. via e-mail). To meet the revocation deadline, it is sufficient to send your communication to withdraw from the contract before the revocation period has expired.
Please address the revocation to:
c/o DHL Home Delivery GmbH
Vor der Hecke 8
Telefon: 0 800 / 33 23 267 (Calls are free within the German landlines and mobile networks)
The right of revocation does not apply or forfeits to contracts
- for the delivery of goods which are not suitable for return due to sanitary reasons or health protection and goods have been unsealed after delivery or goods which have been inseparably mixed with other goods due to their quality;
- for the delivery or consignments of audio or video recordings or of software if the delivered data medium has been unsealed by the Purchaser;
- for the delivery of goods, which are manufactured to individual Purchaser specifications only. Deviating hereof, the right of revocation applies to standardized flocked jerseys/shirts with name and/or shirt number of German national players of DFB.
Effects of revocation
If you effectively withdraw from this contract, DFB-Fanshop shall reimburse to you all payments received from you, including the 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 withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
The goods received by you shall be returned and shipped within 14 days from the day on you communicated your withdrawl of the contract to the online return center of DFB-Fanshop (see above). The time limit will be respected if you end the goods before the end of 14 days. The national return shipping cots shall be borne by you. Regardless, domestic return shipping costs may be free of charge on a goodwill basis of DFB-Fanshop without establishing any legal obligation. The costs for international return (within EU and non-EU countries) shipping will be charged to you. Objects that cannot be shipped as packages will be picked up from you.
You shall compensate us for the deterioration of the object and for benefits of use only insofar as the uses or the deterioration are due to a handling of the object that goes beyond checking the characteristics and the functioning. “Checking the characteristics and functioning” is understood to be the testing of the respective merchandise as it is possible and common in a store.
Please avoid damage and soiling. Please return the goods to DFB-Fanshop in the original packaging if possible, with all accessories and with all packaging components. Use protective outer packaging is possible. If you no longer have the original packaging, please provide suitable alternative packaging for protection against transport damage in transit, in order to avoid claims for damages due to damage caused by faulty packaging.
Please include a copy of the invoice or the bill of delivery with the return shipment and go to http://fanshop.dfb.de/en/Returns-Login/ for further instructions.
End of instructions on revocation.
§ 11 Use of Goods
The use of the goods is exclusively permitted for private, non-commercial use of the Purchaser. All commercial use and commercial resale of the goods is not permitted. The Purchaser has no right to commercially use the goods of DFB-Fanshop for purposes of advertising, marketing, bonus, gift or as a potential win in a sweepstake or as a part of an unauthorized hospitality package.
§ 12 Liability
The DFB-Fanshop shall only be liable for intent or gross negligence of its legal representatives or violating essential contractual obligations. This exclusion of liability shall not apply to damages to life, body or health or other statutorily mandatory liability, e.g. German product liability law.
§ 13 Warranty
The warranty corresponds to the statutory provisions. Please contact our service center https://fanshop.dfb.de/en/Contact for a rapid fulfillment of your warranty claims.
§14 Data Protection
Protecting your privacy is very important to DFB-Fanshop. Below we will inform you in detail about how your data is handled.
14.1 Collection, processing and use of personal data: The sale of items via the DFB-Fanshop is carried out on behalf of and for the account of DFB GmbH, Otto-Fleck-Schneise, 60528 Frankfurt / Main; in the context of data processing during sales it is thus the responsible company in terms of § 3 of the German Federal Data Protection Act [Bundesdatenschutzgesetz/BDSG]. Your data will be processed in compliance with the data protection provisions applicable to this contract. At the same time, respective agreements will be entered into with select service providers (e.g. forwarders) to perform individual services under the contract. To the extent that processing personal Purchaser data is necessary to do this as well, compliance with the applicable data protection provisions is contractually guaranteed pursuant to § 11 (2) BDSG.
The data provided by you is collected, processed and used to fulfill and complete your order in an automated process. Your data will be processed to the company charged for the shipping of your ordered delivery to the extent necessary to fulfill the ordering process. For the procurement of payments DFB-Fanshop processes your payment data within several payment methods (e.g. debit, credit card, PayPal, paydirekt) to the bank charged with the payment as well as to the charged Payment Service Provider within the contract data processing.
You may visit our site without providing personal information. We only store access data without a person-specific reference, such as the name of your internet service provider, the site from which you visit us or the name of the file requested. This data is analyzed exclusively to improve our offers and does not permit an inference as to your person.
14.2 Newsletter: Personal data (first / last name, complete address, e-mail address, telephone number) will only be collected if you voluntarily provide them to us in the context of your merchandise order or when opening a Purchaser account or subscribing to our newsletter. Without your specific consent we will not use your data for anything other than fulfilling and completing your order. Your data will be blocked from further use once the contract is fully executed and payment of the purchase price is made in full, and then deleted after the expiration of the tax and commercial law storage periods unless you have explicitly agreed to the further use of your data (newsletter). When subscribing to the newsletter your e-mail address will be used for our own advertising purposes with your consent until you unsubscribe from the newsletter. Please unsubscribe buy using the link at the bottom of the newsletter sent to you.
To provide the visitors of the DFB-Fanshop with the best possible customized information, the DFB-Fanshop uses in particular Google AdWords Remarketing, Google’s Double Click cookie, Google AdWords Conversion, Google Dynamic Remarketing, Google Analytics, Conversion Tracking, Facebook Remarketing (see sec. 14.4.) and Google Tag Manager.
Cookies may be partially used to adapt the website of DFB-Fanshop to your personal customized interests, e.g. customized advertisement overlays adapted for your personal interests and needs may appear on the website. The randomly generated number contained in the cookie (ID-Number) will be amended with the help of your postal adress with spatial data, this means nonpersonalized data, sociodemographic data and transferred to our partner Mark & Mini. These data are anonymized and pseudonymized and may not be referred to you as a person.
This consent for the use of not required cookies may be revoked at any time. Please send a message to the contact indicated under sec. 1.1 (e.g. via e-mail, fax or ordinary mail) which is sufficient.
14.4 Third-Party Cookies:
Further information can be found under http://www.google.com/analytics/terms/gb.html (Google Analytics Terms of Service & Privacy). Please note that on this website, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking). We also use Google Analytics to analyze data from AdWords and the Double-Click-Cookie for statistical purposes. If you don’t want this, you can disable this by using the Ads Preferences Manager (http://www.google.com/settings/ads/onweb/?hl=en) (“opt-out procedures).
Facebook: To provide the visitors of DFB-Fanshop a broad offer of services and information tailored on the individual interest of the visitor, DFB-Fanshop uses Facebook Remarketing Technology of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) which is implemented as a Facebook pixel within our website. Users having visited our website will be addressed with tailormade advertisement within the social network of Facebook. The insertion of advertisement will be processed through a pixel. This pixel tool allows to analyze consumer behavior on the website and may be used for product recommendation and interest based advertisement.
Further information for the purpose and intent of the processing and use of data by Facebook as well as your rights and in connection herein regarding your privacy please find here: https://www.facebook.com/about/privacy/.
In case you are not interested in the delivery of content for marketing purposes, you may disable this function visiting (http://www.facebook.de/settings/ads) and enable remarketing-advertisements. Same result may be reached by visiting the website of the internet advertisement initiative under http://www.networkadvertising.org/choices/ (“opt-out procedures”).
Mark & Mini & Delta Projects: As broadly described in sec. 14.3, DFB-Fanshop uses technology based servives of its partner Partner Mark & Mini & Delta Projects in the way mentioned therein. Advertiser may present users on several websites useful customized and adapted online advertisement to prevent steady repeating and irrelevant advertisement. Users may object the use of their data at any time under http://www.markandmini.com/privacy/ oder http://www.deltaprojects.com/opt-out/ (“opt-out”).
14.5 Credit check: In the interest of all Purchasers we check the creditworthiness of our Purchasers when we deliver merchandise before payment is made in full. To do so, we obtain personal data related information on your credit history from GFKL Financial Services GmbH, Am EUROPA-CENTER 1b, 45145 Essen (Payprotect), which stores data for the provision of information as a credit bureau. In addition, we also obtain creditworthiness information from GFKL Financial Services GmbH on the basis of mathematical-statistical procedures using your address data.
In the event you do not agree with this standardized proceeding related to a payment method you may address this to DFB-Fanshop in writing or via e-mail to firstname.lastname@example.org. DFB-Fanshop will evaluate its decision while considering your statement.
14.6 Consent to E-mail advertising:
I would like to receive information about promotions, new products or on ticket sales by the DFB-Fanshop by e-mail. My e-mail address will not be disclosed to other companies. I may revoke this consent to the use of my e-mail address for advertising purposes at any time with future effect by clicking on the “unsubscribe” link at the end of the newsletter or by removing the check mark beside the respective newsletter in my Purchaser account under the newsletter heading.
You have expressly issued the consent above, if applicable. We would like to point out to you that you may revoke your consent at any time with future effect.
14.7 Data circulation in the event of payment default: If payment default occurs (payment of an invoice not on time or charge back on debit) we will commission our collections partner Creditreform Wiesbaden Hoffmann & Nikbakht KG, Adolfsallee 34, D-65185 Wiesbaden, to collect the debt. For the purpose of collecting the debt all information related to the claim in default (address and invoice data) will be forwarded to our collections partner Creditreform Wiesbaden. Creditreform Wiesbaden is officially registered with the Regional Court of Wiesbaden which is the competent controlling authority.
14.8 Data security: Your personal data is encrypted when transmitted over the internet during the ordering process. This applies to your order and also the Purchaser log-in. We utilise the encryption system SSL (Secure Sockets Layer). We protect our website and other systems against loss, destruction, access, alteration or disclosure of your data by unauthorised persons through technical and organizational measures. Your Purchaser account can only be accessed after your personal password is entered. You should always treat your access information confidentially and close the browser window when you have ended communication with us, especially if you share the computer with others.
§ 15 Applicable Law, Jurisdiction
15.1 Applicable law: All disputes arising in connection with these Terms and Conditions shall be governed by the laws of Germany without the UN Convention on the International Sale of Goods. For contracts of a propose that cannot be counted under profession or a business of the legitimate claimant (consumer), this choice of law is only valid if the offered protection is not withdrawn through cogent law of the country where the consumer has his usual residence. The law which applies in the costumer’s home country shall be mandatory. Apart from that German law applies.
15.2 Jurisdiction: Exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions is Frankfurt / Main, as far as legally permissible.
15.3 Language: In case of uncertainties of the TC’s that occur from differences between the English and the German version the German version shall prevail.
§ 16 Changes of Terms and Conditions
DFB-Fanshop has the right to unilaterally change the TC’s as far as this is legally necessary due to legal and/or supreme court jurisprudence and/or technical changes as long as the changes are reasonable for the customer. DFB-Fanshop will inform all customers and Purchasers by giving written notice about the specific content of the changes. The changes will become effective part of the contract unless the Purchaser will revoke these changes in writing to DFB-Fanshop within 4 weeks in writing or via e-mail. A contradiction shall be addressed to the contact address pursuant to sec. 10.
§ 17 Severability Clause
If any provision of these TC’s is or becomes invalid, that shall not affect the validity of the remainder of the TC’s. In such event the parties obligate themselves to replace the respective invalid provision or gap by a provision which comes closest to the commercial purpose of the respective invalid provision.
Online dispute resolution in accordance with Article 14 (1) ODR directive
The European comission provides a platform for online dispute resolutions which can be reached at http://ec.europa.eu/consumers/odr/
Dispute resolution in front of a consumer arbitration board:
We are neither obliged to take part nor do we take part voluntarily in dispute resolution in front of a consumer arbitration board.Version: May 2017