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 https://fanshop.dfb.de, operated by
60528 Frankfurt / am Main
Managing directors DFB GmbH: Denni Strich, Dr. Frank Biendara
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 (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 chosen method of payment is prepayment, the contract will be concluded with the transmission of the order confirmation in any case. 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, Delivery Costs and refund of value added tax
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.
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. Shipping costs for deliveries within the European Union can be found under https://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 occur. 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 https://fanshop.dfb.de/en/Shipping+service.
3.3 Refund of value added taxes: There is no refund of value added taxes for purchases made in the DFB-Fanshop in general.
§ 4 Gift Vouchers
4.1 Redemption: Gift vouchers (vouchers to be purchased) can be redeemed for the purchase of goods on DFB-Fanshop through https://fanshop.dfb.de. Gift vouchers 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. 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 https://fanshop.dfb.de/en/Shipping+service.
5.3 Non-delivery: In 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.
5.4 Storage of goods: Returned Goods if unwanted can only be stored by the DFB-Fanshop under the following conditions. Goods are unwanted, if
- they are already paid by the customer but were not accepted, or
- could not be delivered to the customer despite several delivery attempts, or
- were unsolicited returned by the customer to the DFB-Fanshop although he was not entitled to exchange or to withdraw the purchased goods or the goods were not purchased in the DFB-Fanshop, and
- written enquiries from the DFB-Fanshop to the customer (via e-mail) remained unsuccessful.
Unwanted goods, if not collected by the customer within twelve (12) weeks after written request (e-mail sufficient) by the DFB-Fanshop, become property of the DFB-Fanshop. The request shall state the consequences in case of non-collection.
§ 6 Methods of Payment
6.1 Methods of payment: The Purchaser can pay by credit card, cash on delivery or secure online payment. 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 case 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).
§ 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 damages 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 revocationRight 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 https://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 Delivery GmbH
Vor der Hecke 8
Phone-No.: +49 800 / 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 withdrawal 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 shipping and consider the instruction under https://fanshop.dfb.de/en/Returns-Login/.
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. In particular, 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 or travel package, without the prior written consent of the DFB Fanshop.
§ 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 for a rapid fulfillment of your warranty claims.
§ 14 Applicable Law, Jurisdiction
14.1 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. Any other intergovernmental agreements, even after their incorporation into German law, shall not apply. For contracts of a propose that cannot be counted under profession or a business of the legitimate claimant (consumer contracts pursuant to Article 6 (2) (2) of the Regulation (EC) Nr. 593/2008, Rom-I), 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 (Article 6 (1) of the Regulation (EC) Nr. 593/2008, Rom-I). Apart from that German law applies.
14.2 Jurisdiction: Exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions and/or their validity or legal transactions on the basis of this TCs is Frankfurt / Main, as far as legally permissible. In commercial transactions with business customers and legal entities under public law, the place of jurisdiction for all disputes regarding these TCs is also Frankfurt/Main. In this case the DFB GmbH is also entitled to take legal action at the customers registered offices.
14.3 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.
§ 15 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 costumer. 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.
§ 16 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 commission provides a platform for online dispute resolutions which can be reached at https://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: April 2018