GENERAL TERMS AND CONDITIONS
for purchasing goods (fan merchandise) of FC St. Pauli Merchandising GmbH & Co KG
1 Scope of the General Terms and Conditions
All deliveries and services provided by FC St. Pauli Merchandising GmbH & Co KG in connection with the sale and delivery of goods (fan merchandise) from the online store shall be provided exclusively on the basis of these General Terms and Conditions (GTC).
2.1 The contractual partner of the buyer is FC St. Pauli Merchandising GmbH & Co. KG, Harald-Stender-Platz 1, 20359 Hamburg, Tel.: 040 / 317 874 888, Fax: 040 / 317 874 988, E-Mail: firstname.lastname@example.org.
2.2 In the case of an order placed by telephone, the employee of FC St. Pauli Merchandising GmbH & Co. KG will only send a verbal confirmation of receipt, which will be followed by a further confirmation of receipt by e-mail. The contract shall only be concluded by means of a letter of confirmation by post or by e-mail.
2.3 In case of an order by e-mail, letter or fax, a confirmation of receipt is sent by e-mail. The contract shall only be concluded by a letter of confirmation by post or by e-mail.
2.4 In the case of an order in the online store, the offer to conclude a contract is made by the purchaser as soon as the purchaser makes a booking/reservation for a Fanarticle. Immediately before placing the order, the purchaser can check his details again and correct them if necessary. After receipt of the order, the customer will receive a confirmation of receipt by e-mail or post, which also constitutes acceptance of the offer.
2.5 The minimum order value for all orders is EUR 9.95.
2.6 The ordered goods are delivered subject to availability. If the goods are not available, the Buyer will be informed immediately and will be reimbursed for any payments made without delay.
2.7 The product-describing data, in particular illustrations, drawings, descriptions, dimensional, weight, performance and consumption data, as well as data relating to the usability of devices for new technologies, are non-binding insofar as the delivered goods deviate only insignificantly (e.g. due to production) from these data.
2.8 The order text is not stored by FC St. Pauli Merchandising GmbH & Co. KG and cannot be retrieved after the order process has been completed. However, the buyer can print out his order data immediately after sending the order.
2.9 FC St. Pauli Merchandising GmbH & Co. KG is obliged, in accordance with the regulations of the Packaging Ordinance, to take back packaging of our products that does not bear the mark of a system of area-wide disposal (such as the "Green Dot" of Duales System Deutschland AG or the "RESY" symbol) and to ensure its reuse or disposal. For further clarification on the return of such products, please contact us (FC St. Pauli Merchandising GmbH & Co KG, Harald-Stender-Platz 1, 20359 Hamburg. Tel.: 040 / 317 874 888). We will then inform you of a municipal collection point or a disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging to us (FC St. Pauli Merchandising GmbH & Co KG, Harald-Stender-Platz 1, 20359 Hamburg). We will reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.
3 Gift Vouchers
3.1 Vouchers are offered in the online store. Vouchers can be loaded with a monetary amount chosen by the buyer. The vouchers of the buyer are transmitted as a PDF - file by e-mail.
3.2 A purchase contract for vouchers is concluded in accordance with section 2.4.
3.3 The credit available on vouchers is redeemable until the end of the third year after the year of the voucher purchase.
Members of the Fußball-Club St. Pauli v. 1910 e. V. as well as chairpersons of registered fan clubs of the Fußball-Club St. Pauli v. 1910 e. V. receive a 10% discount on the value of goods for shipping orders to the registered address, stating their membership number in the comments field of the order. Excluded from the discount are already price-reduced articles, articles with price fixing (books, pictures, radio plays, art prints or similar), as well as articles whose proceeds are donated in parts or completely.
5 Terms of payment, delivery, shipping costs, return costs
5.1 The delivery takes place - as far as the ordered article is in stock - at the latest within 5 working days (Monday to Friday, legal holidays excluded) after conclusion of the contract by insured package with DHL.
The buyer will be informed about the shipment of the goods by e-mail. In addition to the value of goods, the following shipping and handling costs will apply: Within Germany EUR 5.95.
From a minimum order value of EUR 75.-, shipping within Germany is free of charge. The shipping and handling costs for other European countries are EUR 15,-.
From a minimum order value of EUR 100.-, shipping within Europe is free of charge. For non-European countries (other foreign countries) EUR 50.- by sea freight. If shipping outside Europe in individual cases higher shipping costs or any additional services (air freight, etc.) must bear the cost of the buyer.
The delivery costs for bulky goods may vary. Differing delivery costs for bulky goods are explicitly stated 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 a return shipment by the buyer in the event of a revocation in accordance with the revocation policy below and the costs of a return shipment from Europe or abroad. These costs shall be borne by the buyer, as well as any applicable customs duties/taxes/fees of the respective country.
5.3 FC St. Pauli Merchandising GmbH & Co. KG shall be entitled to partial performance insofar as this is reasonable for the buyer.
5.4 Payment shall be made by SEPA direct debit via PayOne, PayPal or by credit card (Visa, Eurocard/Mastercard). If payment is made by credit card, PayPal or SEPA direct debit, the credit card / account will be charged at the time of shipment of the goods. FC St. Pauli Merchandising GmbH & Co. KG reserves the right to refrain from direct debit in individual cases (e.g. first orders).
Foreign orders are only possible by credit card or PayPal. Until full payment, the goods remain the property of FC St. Pauli Merchandising GmbH & Co. KG. If the purchaser is in default of payment, he shall, without prejudice to further claims of FC St. Pauli Merchandising GmbH & Co. KG (e.g. interest, chargeback fees), the buyer shall additionally pay a lump-sum reminder and processing fee of EUR 8.00. The buyer shall be entitled to prove that the buyer is in default of payment. The buyer is allowed to prove that the expense did not occur or did not occur in this amount. In the case of direct debit, the purchaser shall bear the bank's chargeback fees in the event of incorrect account details or chargebacks, unless FC St. Pauli Merchandising GmbH & Co. KG is present.
5.5 FC St. Pauli Merchandising GmbH & Co. KG will announce the corresponding SEPA direct debit collection in good time in advance (so-called pre-notification). The period for pre-notification shall be reduced to four calendar days before the due date and direct debit collection.
5.6 In the event of an effective revocation, the services received from FC St. Pauli Merchandising GmbH & Co. KG by the same means of payment that the buyer used in the original transaction. FC St. Pauli Merchandising GmbH & Co. KG may refuse repayment until it has received the goods back or until the buyer has provided proof that he has returned the goods, whichever is the earlier.
6 Cancellation policy
6.1 Right of withdrawal:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must notify us (FC St. Pauli Merchandising GmbH & Co. KG, Harald-Stender-Platz 1, 20359 Hamburg, Tel.: 040 / 317 874 888, Fax: 040 / 317 874 988, E-Mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
6.2 Consequences of cancellation:
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
Note: Excluded from the right of withdrawal
Pursuant to Section 312g (2) of the German Civil Code (BGB), goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g., jerseys with individual flocking), audio or video recordings or computer software in a sealed package if the seal has been removed after delivery, and deliveries of newspapers, magazines, or periodicals with the exception of subscription contracts are excluded from the right of withdrawal in distance contracts.
7 Warranty rights, limitation of liability
7.1 The statutory warranty rights apply to all fan articles from the online store, unless otherwise agreed.
7.2 FC St. Pauli Merchandising GmbH & Co KG, its legal representatives or its vicarious agents shall only be liable in the event of intent or gross negligence. In the event of a breach of material contractual obligations, liability shall also exist in the case of simple negligence, but shall be limited to the foreseeable damage typical for the contract. Claims for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations.
8 Sale of individualized and customized products
8.1 If the buyer transmits his own motif or exerts other influence on the product (text personalization), the buyer assures FC St. Pauli Merchandising GmbH & Co. KG that the text and motif are free of third-party rights. The customer undertakes not to transmit any data whose contents infringe the property rights of third parties (e.g. trademark rights, copyrights) or violate existing laws or morality.
8.2 FC St. Pauli Merchandising GmbH & Co. KG reserves the right to carry out a special check when ordering individualized products and to reject racist, politically and individually discriminating text content and the product order accordingly.
9 Applicable Law, Data Protection, Place of Jurisdiction, Battery Return
9.1 German law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods shall not apply. If the Buyer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
9.2 All data transmitted by the buyer will be processed by FC St. Pauli Merchandising GmbH & Co. KG in compliance with the relevant data protection provisions. The customer agrees to the collection, processing, use and disclosure of his data to the extent necessary for the performance of the contract. The data protection declaration shall apply.
9.3 If the Buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, if he has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Hamburg.
9.4 Please note that the disposal of batteries in household waste is expressly prohibited and that you are legally obliged to return them. Batteries are marked with the sign (logo "waste container") and marked with one of the chemical symbols:
Cd (= battery contains cadmium)
Hg (=battery contains mercury)
Pb (= battery contains lead)
Batteries purchased from us can be returned to us after use at the above address by mail at our expense or returned to an official collection point near you.