GENERAL TERMS AND CONDITIONS
for purchasing goods (fan merchandise) of FC St. Pauli Merchandising GmbH & Co KG
1 Scope of the GTC
All deliveries made and services rendered by FC St. Pauli Merchandising GmbH & Co KG in connection with the sale and delivery of goods (fan merchandise) from the online shop and fan catalogue are done so exclusively on the basis of these General Terms and Conditions (GTC).
2.1 The contractual partner of the purchaser is FC St. Pauli Merchandising GmbH & Co KG, Harald-Stender-Platz 1, 20359 Hamburg, Germany, Tel.: 040 / 317 874 888, Fax: 040 / 317 874 988, E-Mail: firstname.lastname@example.org.
2.2 In the case of orders via telephone, FC St. Pauli Merchandising GmbH & Co. KG staff will merely give a verbal acknowledgement of receipt, which is followed by another acknowledgement of receipt via e-mail. The contract is first concluded upon a letter of acknowledgement sent by post or e-mail.
2.3 The receipt of orders made via e-mail, letter or fax will be confirmed via e-mail. The contract is first concluded upon a letter of acknowledgement sent by post or e-mail.
2.4 Orders made via the online shop are offers made by the customer to conclude a contract as soon as they trigger a booking/reservation of fan merchandise. Immediately before placing the order, the customer can check his entries again and correct if necessary. After receipt of the order, the customer will receive an acknowledgement of receipt via e-mail or letter, which also serves as the acceptance of the offer.
2.5 The minimum order value for all orders is EUR 9.95.
2.6 The ordered goods will be delivered subject to availability. If the goods are unavailable, the customer will be informed without delay and will be reimbursed without delay for any payments already made.
2.7 The product descriptions, in particular figures, drawings, descriptions, measurements, weights, performance and consumption data, as well as data related to the use of appliances for new technologies, are not binding to the extent that the delivered goods insignificantly (e.g. production-related) deviate from such descriptions.
2.8 The order text is not saved at FC St. Pauli Merchandising GmbH & Co. KG and can no longer be accessed after completion of the order. But the customer can print the order confirmation immediately after submitting the order.
2.9 In accordance with the provisions of the German Packaging Ordinance (Verpackungsver-ordnung, abbreviated VerpackV), FC St. Pauli Merchandising GmbH & Co. KG is obligated to accept returned packaging for our products that do not bear the symbol of universal disposal (such as the “Grüner Punkt” of Duales System Deutschland AG or the “RESY” symbol) or ensure its disposal. For such products, please contact us to organise the return (FC St. Pauli Merchandising GmbH & Co KG, Harald-Stender-Platz 1, 20359 Hamburg, Germany. Tel.: +49 (0)40 317 874 888). We will inform you of a municipal collection point or waste disposal company that will accept the packaging free of cost. If it is not possible to do so, you have the option of sending it to us (FC St. Pauli Merchandising GmbH & Co KG, Harald-Stender-Platz 1, 20359 Hamburg, Germany). We will re-use the packaging or dispose of it pursuant to the provisions of the German Packaging Ordinance.
In the online shop vouchers are offered. Vouchers can be charged with an amount of money selected by the buyer. The vouchers will be sent upon the buyer's choice as a pdf file via email, made available for download, or sent by post in the form of a charged voucher card.
Members of the association, Fußball-Club St. Pauli v. 1910 e. V., and the chairpersons of registered fan clubs of Fußball-Club St. Pauli v. 1910 e. V. receive a rebate of 10% of the value of the goods for shipment orders to the registered address when using their membership number. Discounted items and fixed-price items (books) are excluded from the rebate.
5 Payment conditions, delivery, shipping costs, costs of return shipping
5.1 Delivery is made - inasmuch as the item ordered is available - not later than 10 business days (Monday to Friday, excluded statutory holidays) after the conclusion of the contract via insured DHL parcel. The customer will be informed via e-mail about the dispatch date. In addition to the value of the goods, the following shipping and packaging cost will be incurred: Within Germany EUR 4.95. Shipping is free of charge within Germany for a minimum order value of EUR 60.00. The shipping and packaging cost for other European countries is EUR 12.50. Shipping is free of charge within Europe for a minimum order value of EUR 100.00. For non-European countries (other countries) EUR 20.00 by sea freight. If, in individual cases, the delivery outside of Europe leads to higher shipping cost or any additional services (e.g. air freight at the customer's request, etc.), the customer will be informed thereof prior to the conclusion of the contract. Shipping cost for bulk goods can differ. Differing shipping costs will be shown separately in the offer. Delivery to countries, against which international trade sanctions are imposed, is excluded.
5.2 The costs of delivery do not include the costs of return shipment by the customer in the event of a cancellation pursuant to the cancellation terms below. The customer is to bear such costs by himself.
5.3 FC St. Pauli Merchandising GmbH & Co. KG is entitled to render partial performances, inasmuch as this is reasonable for the buyer.
5.4 Payment is by SEPA direct debit through Saferpay, PayPal or by credit card (Visa, Eurocard/MasterCard). The credit card is charged upon dispatch of the goods. FC St. Pauli Merchandising GmbH & Co. reserves the right, in specific cases (e.g. for first orders), to decline payment via direct debit. International orders are only possible by credit card or PayPal. The goods remain the property of FC St. Pauli Merchandising GmbH & Co. KG until payment is made in full. If the customer is in default, the customer is to pay an additional flat fee of EUR 5.00 for dunning and processing without prejudice to further claims of FC St. Pauli Merchandising GmbH & Co. (e.g. interest, chargeback fees). The customer may prove that the expenditure was not incurred or not in this amount. The customer is to bear the chargeback fees of the bank for incorrect account information or chargebacks in direct debit payments, inasmuch as FC St. Pauli Merchandising GmbH & Co. KG is not at fault.
5.5 FC St. Pauli Merchandising GmbH & Co. will announce the respective SEPA direct debit on time in advance (so-called Pre-Notification). The term for the Pre-Notification shall be reduced to four calendar days prior to due date and direct debit.
5.6 In the case of an effective cancellation subject to sect. 5. the consideration received by FC St. Pauli Merchandising GmbH & Co. will be reimbursed using the same means of payment as the customer used for the initial transaction. FC St. Pauli Merchandising GmbH & Co. may withhold reimbursement until it has received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
6 Cancellation terms
6.1 Right of withdrawal:
You have 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 you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us FC St. Pauli Merchandising GmbH & Co KG, Harald-Stender-Platz 1, 20359 Hamburg, Germany, Tel.: 040 / 317 874 888, Fax: 040 / 317 874 988, E-Mail: info@fcsp-shop. com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). 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. 5.2 Withdrawal consequences: If you withdraw from this contract, we 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. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. 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.
Note: Excluded from the right of cancellation
According to § 312g Sec. 2 German Civil Code, excluded from the right of revocation in the case of distance contracts are those goods which were not prefabricated and for whose production an individual choice or decision by the customer shall be significant or which are clearly tailored to the personal requirements of the customer (e.g. replica shirts with individual imprints), sealed audio or video recordings, or software, where the seal on the data carriers has been broken after delivery, as well as newspapers, periodicals, or magazines excluding subscription contracts.
7 Warranty rights, limitation of liability
7.1 For all fan merchandise from the online shop, the implied warranty rights apply, unless expressly agreed otherwise.
7.2 FC St. Pauli Merchandising GmbH & Co KG, its legal representatives or its agents are liable only in cases of intent or gross negligence. In the event that essential contractual obligations are breached, there is also liability for simple negligence, limited however to the foreseeable damages typical of the contract. Claims for damages arising from injury to life, body or health, or under the German Product Liability Act (Produkthaftungsgesetz, abbreviated ProdHaftG) remain unaffected by the restrictions above.
8 Sale of personalized products and products made to customers' specifications
8.1 In the event that the customer supplies its own motif or otherwise influences the product (text personalization), the customer assures to FC St. Pauli Merchandising GmbH & Co. KG that the text and motif are free of third-party rights. The customer agrees not to supply data, the content of which violates proprietary rights of third parties (e.g. trademark rights, copyrights) or existing laws, or which transgress standards of public decency.
8.2 When personalized products are ordered, FC St. Pauli Merchandising GmbH & Co. reserves the right to conduct a special inspection and to reject racist, politically and individually discriminatory text content and to decline the product order accordingly.
9 Applicable law, jurisdiction, privacy, battery return
9.1 German law applies exclusively. The CISG does not apply. If the customer at the time of ordering has his domicile in another country, mandatory rules of law of this country shall not be affected by the abovementioned regulations.
9.2 If the customer is a merchant within the meaning of the German Commercial Code (Han-delsgesetzbuch, abbreviated HGB), a legal entity under public law or special fund under public law, if the customer has no general place of jurisdiction within Germany, or if the customer’s domicile or place of regular residency is unknown at the time the lawsuit is filed, the exclusive place of jurisdiction for all disputes from and in connection with the contractual relationship is in Hamburg, Germany.
9.3 All data supplied by the customer is collected, processed and used by FC St. Pauli Merchandising GmbH & Co. KG in accordance with the applicable data protection laws. The customer consents to the collection, processing, usage and disclosure of its data, inasmuch as is necessary to fulfil the contract. The privacy statement applies.
9.4 Please note that the disposal of batteries in household waste is prohibited and that you are obligated by law to return them. Batteries are marked with the symbol (logo “waste bin”) and a chemical symbol:
Cd (= battery contains cadmium)
Hg (=battery contains mercury)
Pb (= battery contains lead)
After use, you may return batteries purchased from us to the address provided above by mail at our expense or to an official collection point in your area.