General terms and conditions for the fanshop

A. Scope of Application

The following General Terms and Conditions (hereinafter also: “GTC”) constitute the exclusive basis for all legal relationships established between

1. FC Köln GmbH & Co. KGaA
RheinEnergieSportpark
Franz-Kremer-Allee 1-3
50937 Cologne, Germany

(hereinafter also referred to as “1. FC Köln”) and its customers in relation to the products presented in the online shop under the domain www.fc.de/fanshop (hereinafter also: “Fan Shop”) and in the printed fan catalogues (hereinafter also: “Catalogues”).

Any terms deviating from these provisions shall only become effective if expressly acknowledged by us in writing.

B. General Terms and Conditions for the Fan Shop and Fan Catalogues

1. Minimum Order Value / Definitions

1.1 The minimum order value is EUR 20.00.

1.2 For the purposes of these GTC, a “consumer” is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 An “entrepreneur” is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. Conclusion of Contract

2.1 The presentation of products in the Fan Shop and in the Catalogues does not constitute a legally binding offer to purchase. It merely constitutes an invitation to potential customers to submit a legally binding offer to purchase to us.

2.2 For orders placed via the Fan Shop, by clicking the button “Jetzt kaufen” (“Buy now”) within the ordering process under “Bestellung abschließen” (“Complete order”), you submit a binding offer to purchase the products listed on the order page. After receipt of your order, you will receive an automated email confirming receipt of your order and listing its details (hereinafter also: “Order Confirmation”). The Order Confirmation does not constitute acceptance of your offer; receipt of the Order Confirmation does not yet result in the conclusion of a contract. Acceptance of the offer takes place only by means of a second email sent after the Order Confirmation, which includes notification of the conclusion of the purchase contract and shipment (hereinafter also: “Shipping Confirmation”), or at the latest upon delivery of the ordered item.

2.3 For orders placed in writing or in text form that are not made via the Fan Shop (in particular by email, fax or order form), you submit a binding offer to purchase by sending the (if applicable electronic) document to 1. FC Köln; the offer becomes effective upon receipt by 1. FC Köln. For orders placed by telephone, you submit a binding offer to purchase by verbally communicating your order; the offer becomes effective upon receipt by 1. FC Köln. In both cases, any order confirmation sent by us by email or post does not constitute acceptance of your offer. The purchase contract is concluded only upon receipt of a separate Shipping Confirmation, or at the latest upon delivery of the ordered item.

3. Prices and Shipping Costs

3.1 All prices in our Fan Shop and in our Catalogues are subject to change and include statutory VAT and any other price components.

3.2 Shipping costs within Germany are calculated as follows:

For an order value below EUR 100.00 , you bear a flat-rate shipping fee of EUR 5.95.
For an order value of EUR 100.00 or more, we deliver free of shipping charge, except in the case of express deliveries.
For express deliveries, an additional shipping fee of EUR 10.00 applies in each case. If you place an express order by 11:30 a.m., delivery will take place on the following day. Note: For express orders placed on Fridays, delivery will take place on Monday.

3.3 International shipping costs are calculated depending on the country zones as follows:

EUR 9.95 for shipping to Belgium, Luxembourg, the Netherlands and Austria.
EUR 14.95 for shipping to France, Greece, Ireland, Italy, Poland, Sweden, Spain, the Czech Republic and Finland.
EUR 19.95for shipping to the United Kingdom, Liechtenstein, Norway and Switzerland.
EUR 39.95 for shipping to Japan, Canada and the USA.

If you would like shipping to another country, please contact our service center.

4. Payment

4.1 We offer the following payment methods:

Credit card (Visa and Euro-/Mastercard)
PayPal
Gift vouchers

4.2 Your credit card will be charged when the goods leave the shipping warehouse.

4.3 For payments via PayPal, the PayPal Terms and Conditions of Payment apply in addition, which can be viewed at:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE

5. Statutory Right of Withdrawal for Consumers

Consumers are entitled to a 14-day right of withdrawal after conclusion of the purchase contract. For details, reference is made to the following withdrawal information. After conclusion of the contract, the customer also receives an order confirmation including information about the right of withdrawal and how it can be exercised.

Withdrawal Information

You have the right to withdraw from this purchase contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.To exercise your right of withdrawal, you must inform:

1. FC Köln GmbH & Co. KGaA c/o 004 GmbH
Stengerstraße 9
63741 Aschaffenburg, Germany
Fax: +49 (0)221 / 99 1948 999
Tel.: +49 (0)221 / 99 1948 0
Email: fanshop-service@fc-koeln.de by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the model withdrawal form here, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us – e.g. express delivery or international shipping), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, 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 for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.You must return or hand over the goods without undue delay and in any event no later than fourteen days from the day on which you inform us of withdrawal from this contract, to:

1. FC Köln GmbH & Co. KGaA c/o 004 GmbH Stengerstraße 9 63741 Aschaffenburg, Germany

The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the cost of returning the goods. You shall only be liable for any diminished value of the goods if this diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions from the Right of Withdrawal

The right of withdrawal does not apply to:

contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,
contracts for the supply of goods which are liable to deteriorate rapidly or have a short expiry date,
contracts for the supply of sealed goods which are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,
contracts for the supply of sound or video recordings or computer software in sealed packaging if the seal has been removed after delivery,
contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

6. Delivery

Goods will be delivered to the delivery address specified by you. The specific delivery time is shown on the respective product page. If a particular item is not available for reasons beyond our control arising after conclusion of the contract and procurement of a replacement is unreasonable, we are entitled to refuse delivery. In this case, you will be informed without undue delay and any payments already made will be refunded without undue delay.

7. Retention of Title / Set-off

7.1 We retain title to the goods until full payment of all claims arising from the purchase contract has been received.

7.2 You are not entitled to set off your own claims against our payment claims unless your claims are undisputed or have been finally adjudicated by a court.

8. Warranty for Defects

For any defects occurring during the statutory warranty period, the statutory warranty provisions shall apply.

9. Liability

9.1 Claims by the customer for damages are excluded. This does not apply to claims for damages by the customer arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose performance is necessary to achieve the purpose of the contract.

9.2 In the event of a breach of essential contractual obligations, we shall be liable only for the typical, foreseeable damage if caused by simple negligence, unless the customer’s claim for damages is based on injury to life, body or health.

9.3 The limitations in paragraphs 1 and 2 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.

9.4 The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

10. Applicable Law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the customer has their habitual residence at the time the contract is concluded remain unaffected by this choice of law.

11. Gift Vouchers

11.1 The issuer of the gift vouchers (hereinafter referred to as “Vouchers”) is 1. FC Köln. These provisions apply to all vouchers issued by 1. FC Köln, irrespective of whether they are physical vouchers or print-at-home vouchers.

11.2 The voucher can be purchased and redeemed in the stationary Fan Shops as well as in the 1. FC Köln online shop. Redemption is possible exclusively for 1. FC Köln fan merchandise.

11.3 The voucher balance is reduced by the respective purchase amount with each redemption. Partial redemption is possible. Any remaining balance will remain valid until expiry of the statutory limitation period.

11.4 Refunds of the purchase amount are always made to the payment method used. Once your return has been received and processed, the credit will be refunded to the voucher used. If the purchase was paid with several vouchers, the amount will be credited back to the vouchers redeemed.

11.5 Claims can only be asserted upon presentation of the voucher. The voucher is not personalized, freely transferable, and cannot be recharged. The person presenting the voucher shall be deemed the authorized holder.

11.6 The voucher balance does not bear interest and is not paid out in cash. The general statutory limitation periods apply.

11.7 1. FC Köln shall only be liable for loss, damage, destruction, illegibility, misuse, or theft of the voucher if this is due to an intentional or grossly negligent breach of duty by 1. FC Köln or by one of its legal representatives or vicarious agents. Replacement or blocking of the voucher is excluded. We reserve the right to reject payment in individual cases if payment is not possible due to a technical malfunction.

D. Final Provisions

1. Severability Clause

Should one or more clauses of these GTC be wholly or partially invalid, the validity of the remaining provisions shall not be affected. Statutory law shall replace any provisions that are not included or are invalid. If such statutory law is not available in the specific case due to a gap in provisions, or would lead to an unacceptable result, the parties shall enter into negotiations in order to agree on an effective provision to replace the non-included or invalid provision that comes as close as possible to its economic intent.

2. Information on Alternative Dispute Resolution

FC Köln is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and is generally not willing to do so.