BAYER 04 LEVERKUSEN FUSSBALL GMBH General Terms of Trade („AGB“)
General Terms of Trade („AGB“)
Merchandise
1. AREA OF APPLICATION
These Conditions of Sales and Delivery ("General Terms of Trade") apply to all offers and deliveries of goods from the fan article catalogue or from the Bayer 04 Online Shop (Bayer 04 Fanshop) which is run by Bayer 04 Leverkusen GmbH (Bayer 04).
2. CONCLUSION OF CONTRACT
The items in the fan article catalogues, brochures, on the internet and in the Bayer 04 fan shop do not represent legally binding offers, but rather only a request to submit an offer of purchase. The Purchaser submits a binding offer of purchase by placing an order by telephone, in writing or by internet. For orders by internet the Purchaser receives an automatic confirmation by mail. This confirmation is merely an acknowledgement that the order has been received and logged on the Bayer 04 Fanshop data processing system. By no means does this acknowledgement mean that the offer of purchase is accepted. A binding contract for orders by E-mail between the Bayer 04 Fanshop and the Purchaser results when an order confirmation is transmitted – this transmission takes place without delay – or at the latest with the shipment of the ordered goods. A copy of the contract or a confirmation of the contract which sets out the content of the contract is sent to the Purchaser directly after conclusion of the contract, at the latest on delivery of the goods. This confirmation is to be provided in paper form or subject to the Purchaser's compliance on a permanent data carrier. The Bayer 04 Fanshop does not offer any goods for sale to minors. If you are under 18 years of age, the approval of a parent and/or guardian is required.
3. PRICES, SHIPPING COSTS
3.1 Prices: The prices listed on the day of order are valid. The listed prices are final prices, that is, they include relevant German statutory VAT and other integral pricing components.
3.2 Shipping Costs: For orders exceeding a value of EUR 50, the shipping costs are paid by the Bayer 04 Fanshop. For orders outside the European Union, the Purchaser pays any customs fees and sales taxes which may occur. Further details you find here.
4. TERMS OF DELIVERY
4.1 Delivery area and delivery restrictions: Deliveries within Germany and abroad are carried out by DHL or by a partner of DHL. In addition, attention is to be paid the the fact that Bayer 04 Fanshop may have delivery restrictions which are indicated at the beginning of the order process.
4.2 Delivery dates: The expected delivery dates for your order in the Bayer 04 Fanshop can be found as part of the product listing in the order process.
4.3 Availability of goods: The obligation of the Bayer 04 Fanshop to deliver goods is not applicable if the Bayer 04 Fanshop despite conclusion of congruent hedging transactions does not receive its orders correctly and on schedule. The Bayer 04 Fanshop is not responsible for the non-availability of goods. The Bayer 04 Fanshop informs you of this and accepts no procurement risk. If the goods are not available any pre-payment will be reimbursed.
4.4 Undeliverable goods: Insofar as it is not possible to deliver the goods inspite of an attempt to do so and unanswered notices of delivery, the Bayer 04 Fanshop is entitled to rescind the contract. Any pre-payment will be reimbursed.
5. METHOD OF PAYMENT
5.1 Modes of payment: The Purchaser can pay by credit card, direct debit, PayPal or cash on delivery in Germany. The Bayer 04 Fanshop only accepts payment by credit card or advance payment by bank transfer for orders from abroad. The Bayer 04 Fanshop reserves the right to disallow certain modes of payment in individual cases.
5.2 Credit card: When paying by credit card, the Purchaser authorises the Bayer 04 Fanshop to collect amounts payable after despatching the goods (or the first partial delivery, if applicable).
5.3 Direct debit: When paying by direct debit, the Purchaser authorises the Bayer 04 Fanshop to collect amounts payable from the account declared on ordering. The Purchaser shall also ensure that sufficient funds are held on account. The costs of a reversal transfer due to lack of account cover or due to the submission of incorrect details on payment by bank transfer are to be covered by the Purchaser. The account is debited on completion of your order.
5.4 PayPal: Log in to your PayPal account in order to pay by PayPal. Subsequently you are free to choose to pay by credit card, direct debit or by a transfer from your PayPal account. To pay by credit card or direct debit, it is necessary to enable this function in your PayPal account. Further information about PayPal is available at http://www.paypal.de/de.
5.5 Cash on delivery: Cash on delivery payment, which is only possible for the Bayer 04 Fanshop in conjunction with a STANDARD DHL Deutschland delivery, means payment is due on delivery of the goods. This is indicated in the invoice. The payment is payable to the delivery service on receipt of the goods. In addition to the regular shipping costs, there is a COD charge of EUR 4 as well as the postage charge of EUR 2. If goods are returned the total amount invoiced including processing fee is transferred to your account.
6. DELAY OF PAYMENT
All invoices are payable immediately without deduction. The purchase price shall be due without any deductions within 14 days of the goods having been received. Once this period has expired, the Purchaser is in default of payment. If payment is not effected on time, the Purchaser is in default of payment without the necessity of a reminder. If no credit period is specified in the invoice. Should the Purchaser get into arrears with a payment or should the debit note be returned unpaid, the Bayer 04 Shop reserves the right to bill the Purchaser for any arising costs, (e.g., collection charges, payment reminders, default interest, legal costs, bank charges.) The Bayer 04 Shop is entitled to rescind the contract and to demand the Purchaser surrender the delivered goods.
7. RESERVATION OF RIGHTS
Bayer 04 reserves the ownership of the item for delivery until payment therefore has been effective.
8. OFF-SET OF PAYMENT
An offset or assertion of a right to reserve payment against the Bayer04 Fanshop's pecuniary claims is permissible only if counter-claims are submitted in the legally effective form, or if such counter-claims are undisputed.
9. INSTRUCTIONS ON WITHDRAWAL
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 goods.
To exercise the right of withdrawal, you must inform us (Bayer 04 Leverkusen Fußball GmbH, Bismarckstraße 122-124,, 51373 Leverkusen, Tel.: +49 214 5000 1904, Fax: +49 214 8660159, Email: info@bayer04.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
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.
Effects of withdrawal
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. We will bear the 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.
The right of withdrawal does not hold and/or expires for the following contracts:
- for the delivery of goods which are not suitable for return shipment due to health or hygiene reasons and goods where the original seal was removed on delivery or goods which by virtue of their nature are inextricably mixed with other goods;
- for the delivery of sound or video recordings or computer software if the seal has been removed on arrival;
- for the delivery of goods customised according to the customer's specifications or obviously tailored to personal requirements
- for the delivery of goods, which can perish quickly and have an expiration date which is exceeded quickly;
- for the delivery of newspapers and magazines with the exception of subscriptions;
- for the delivery of alcoholic drinks for which the price was agreed on closure of the contract but cannot be delivered until 30 days and where the current values depends on fluctuations in the market which are beyond the control of the company
End of the information about rights of withdrawal
10. WARRANTY
The Purchaser's warranty rights in relation to defects shall correspond to statutory provisions.
11. USAGE OF ARTICLES
All items from the Bayer 04 Fanshop are for the limited purpose of personal and non-commercial use: any commercial re-sale of the items is not allowed. The Purchaser is specifically prohibited from using or having the items used for commercial or advertising purposes. The items shall not be used for advertising and marketing. They are not to be used as bonuses, give-aways, prizes, or as part of any unauthorised hospitality or travel packages.
12. LIABILITY
The Bayer 04 Fanshop, its legal representatives or vicarious agents are liable for damages attributable to intent or gross negligence or - then limited to the damages typically foreseeable for the contract at the time it was concluded - breach of basic contractual duties. Basic contractual duties are duties, which are essential for due implementation of the contract and on which the contractual partner can reasonably expect to be able to rely ("cardinal duties")
The above disclaimer and limitation of liability do not apply in the event of loss of life, physical injury or harm to health or in cases where such statutory liability may not be lawfully excluded (e.g., product liability act).
13. CONTACT
For orders, enquiries and everything to do with the purchase of items from the Bayer 04 Shop range, you have the following possibilities to contact us:
Bayer 04 Leverkusen Fußball Ltd
Servicecenter
Bismarckstraße 122-124
51373 Leverkusen
Hotline: +49 214 5000 1904
E-mail: info@bayer04.de; Online-Shop: http://shop.bayer04.de.
For questions about orders being processed (e.g., payment, shipping etc.), there is also a hotline you can call:
Hotline: +49 214 86600 (The base rate of your telephone provider, no further charges.)
Please be informed that you can access the online dispute resolution platform of the EU Commission under http://ec.europa.eu/consumers/odr.
14. CONFIDENTIALITY
All data made available by the Purchaser is saved, processed and used by the Bayer 04 Fanshop in compliance with the applicable data privacy provisions. In this regard please refer here.
15. GOVERNING LAW, PLACE OF FULFILMENT, JURISDISCTION
15.1 Governing law: The contractual relationship governed by German law. Application of UN purchasing law (CISG) shall be precluded.
15.2 Jurisdication: Exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the competent court in Leverkusen, as long as the Purchaser is a merchant as defined by the German Commercial Code (HGB), or is a legal entity under public law or a special asset under public law, or has no general place of jurisdiction in Germany. The place of jurisdiction for transnational contracts shall also be Leverkusen. The contracting parties must also agree to rule any cross-border disputes in Leverkusen. We remain entitled at any time to also file suit at the Purchaser’s general place of jurisdiction.
16. SUPPLEMENTS AND AMENDMENTS
The Bayer 04 Fanshop is entitled to modify and or amend these Terms and Conditions and/or the respective price list at six weeks' notice in case of changes to market condition and/or legislation and/or decisions of Germany's highest court, provided this is reasonable for the Purchaser. The respective changes are communicated to the Purchaser in writing – provided the Purchaser has given their consent for this form of correspondence – or by E-mail. Supplements or amendments are regarded as having been approved unless the Purchaser lodges an objection in writing or by E-mail within six weeks of receipt of the supplements and/or amendments, on the proviso that the Bayer 04 Fanshop has expressly referred to this assumption of approval. Any possible objection by the Purchaser is to be sent to the contact address indicated in paragraph 13.
17. FINAL CLAUSE
If individual provisions of these general terms and conditions are completely or partially ineffective, this will not affect the effectiveness of the other provisions or the other parts of such provisions.
As of June 2017
Note: This translation is for information purposes only. The German text as of July 2017 shall prevail in the event of any discrepancy between this version and the original.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To
Bayer 04 Leverkusen Fußball GmbH,
Bismarckstraße 122-124,
51373 Leverkusen
Fax: 0214/8660159
Email: info@bayer04.de
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
___________
(*) Delete as appropriate.
These Conditions of Sales and Delivery ("General Terms of Trade") apply to all offers and deliveries of goods from the fan article catalogue or from the Bayer 04 Online Shop (Bayer 04 Fanshop) which is run by Bayer 04 Leverkusen GmbH (Bayer 04).
2. CONCLUSION OF CONTRACT
The items in the fan article catalogues, brochures, on the internet and in the Bayer 04 fan shop do not represent legally binding offers, but rather only a request to submit an offer of purchase. The Purchaser submits a binding offer of purchase by placing an order by telephone, in writing or by internet. For orders by internet the Purchaser receives an automatic confirmation by mail. This confirmation is merely an acknowledgement that the order has been received and logged on the Bayer 04 Fanshop data processing system. By no means does this acknowledgement mean that the offer of purchase is accepted. A binding contract for orders by E-mail between the Bayer 04 Fanshop and the Purchaser results when an order confirmation is transmitted – this transmission takes place without delay – or at the latest with the shipment of the ordered goods. A copy of the contract or a confirmation of the contract which sets out the content of the contract is sent to the Purchaser directly after conclusion of the contract, at the latest on delivery of the goods. This confirmation is to be provided in paper form or subject to the Purchaser's compliance on a permanent data carrier. The Bayer 04 Fanshop does not offer any goods for sale to minors. If you are under 18 years of age, the approval of a parent and/or guardian is required.
3. PRICES, SHIPPING COSTS
3.1 Prices: The prices listed on the day of order are valid. The listed prices are final prices, that is, they include relevant German statutory VAT and other integral pricing components.
3.2 Shipping Costs: For orders exceeding a value of EUR 50, the shipping costs are paid by the Bayer 04 Fanshop. For orders outside the European Union, the Purchaser pays any customs fees and sales taxes which may occur. Further details you find here.
4. TERMS OF DELIVERY
4.1 Delivery area and delivery restrictions: Deliveries within Germany and abroad are carried out by DHL or by a partner of DHL. In addition, attention is to be paid the the fact that Bayer 04 Fanshop may have delivery restrictions which are indicated at the beginning of the order process.
4.2 Delivery dates: The expected delivery dates for your order in the Bayer 04 Fanshop can be found as part of the product listing in the order process.
4.3 Availability of goods: The obligation of the Bayer 04 Fanshop to deliver goods is not applicable if the Bayer 04 Fanshop despite conclusion of congruent hedging transactions does not receive its orders correctly and on schedule. The Bayer 04 Fanshop is not responsible for the non-availability of goods. The Bayer 04 Fanshop informs you of this and accepts no procurement risk. If the goods are not available any pre-payment will be reimbursed.
4.4 Undeliverable goods: Insofar as it is not possible to deliver the goods inspite of an attempt to do so and unanswered notices of delivery, the Bayer 04 Fanshop is entitled to rescind the contract. Any pre-payment will be reimbursed.
5. METHOD OF PAYMENT
5.1 Modes of payment: The Purchaser can pay by credit card, direct debit, PayPal or cash on delivery in Germany. The Bayer 04 Fanshop only accepts payment by credit card or advance payment by bank transfer for orders from abroad. The Bayer 04 Fanshop reserves the right to disallow certain modes of payment in individual cases.
5.2 Credit card: When paying by credit card, the Purchaser authorises the Bayer 04 Fanshop to collect amounts payable after despatching the goods (or the first partial delivery, if applicable).
5.3 Direct debit: When paying by direct debit, the Purchaser authorises the Bayer 04 Fanshop to collect amounts payable from the account declared on ordering. The Purchaser shall also ensure that sufficient funds are held on account. The costs of a reversal transfer due to lack of account cover or due to the submission of incorrect details on payment by bank transfer are to be covered by the Purchaser. The account is debited on completion of your order.
5.4 PayPal: Log in to your PayPal account in order to pay by PayPal. Subsequently you are free to choose to pay by credit card, direct debit or by a transfer from your PayPal account. To pay by credit card or direct debit, it is necessary to enable this function in your PayPal account. Further information about PayPal is available at http://www.paypal.de/de.
5.5 Cash on delivery: Cash on delivery payment, which is only possible for the Bayer 04 Fanshop in conjunction with a STANDARD DHL Deutschland delivery, means payment is due on delivery of the goods. This is indicated in the invoice. The payment is payable to the delivery service on receipt of the goods. In addition to the regular shipping costs, there is a COD charge of EUR 4 as well as the postage charge of EUR 2. If goods are returned the total amount invoiced including processing fee is transferred to your account.
6. DELAY OF PAYMENT
All invoices are payable immediately without deduction. The purchase price shall be due without any deductions within 14 days of the goods having been received. Once this period has expired, the Purchaser is in default of payment. If payment is not effected on time, the Purchaser is in default of payment without the necessity of a reminder. If no credit period is specified in the invoice. Should the Purchaser get into arrears with a payment or should the debit note be returned unpaid, the Bayer 04 Shop reserves the right to bill the Purchaser for any arising costs, (e.g., collection charges, payment reminders, default interest, legal costs, bank charges.) The Bayer 04 Shop is entitled to rescind the contract and to demand the Purchaser surrender the delivered goods.
7. RESERVATION OF RIGHTS
Bayer 04 reserves the ownership of the item for delivery until payment therefore has been effective.
8. OFF-SET OF PAYMENT
An offset or assertion of a right to reserve payment against the Bayer04 Fanshop's pecuniary claims is permissible only if counter-claims are submitted in the legally effective form, or if such counter-claims are undisputed.
9. INSTRUCTIONS ON WITHDRAWAL
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 goods.
To exercise the right of withdrawal, you must inform us (Bayer 04 Leverkusen Fußball GmbH, Bismarckstraße 122-124,, 51373 Leverkusen, Tel.: +49 214 5000 1904, Fax: +49 214 8660159, Email: info@bayer04.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
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.
Effects of withdrawal
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. We will bear the 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.
The right of withdrawal does not hold and/or expires for the following contracts:
- for the delivery of goods which are not suitable for return shipment due to health or hygiene reasons and goods where the original seal was removed on delivery or goods which by virtue of their nature are inextricably mixed with other goods;
- for the delivery of sound or video recordings or computer software if the seal has been removed on arrival;
- for the delivery of goods customised according to the customer's specifications or obviously tailored to personal requirements
- for the delivery of goods, which can perish quickly and have an expiration date which is exceeded quickly;
- for the delivery of newspapers and magazines with the exception of subscriptions;
- for the delivery of alcoholic drinks for which the price was agreed on closure of the contract but cannot be delivered until 30 days and where the current values depends on fluctuations in the market which are beyond the control of the company
End of the information about rights of withdrawal
10. WARRANTY
The Purchaser's warranty rights in relation to defects shall correspond to statutory provisions.
11. USAGE OF ARTICLES
All items from the Bayer 04 Fanshop are for the limited purpose of personal and non-commercial use: any commercial re-sale of the items is not allowed. The Purchaser is specifically prohibited from using or having the items used for commercial or advertising purposes. The items shall not be used for advertising and marketing. They are not to be used as bonuses, give-aways, prizes, or as part of any unauthorised hospitality or travel packages.
12. LIABILITY
The Bayer 04 Fanshop, its legal representatives or vicarious agents are liable for damages attributable to intent or gross negligence or - then limited to the damages typically foreseeable for the contract at the time it was concluded - breach of basic contractual duties. Basic contractual duties are duties, which are essential for due implementation of the contract and on which the contractual partner can reasonably expect to be able to rely ("cardinal duties")
The above disclaimer and limitation of liability do not apply in the event of loss of life, physical injury or harm to health or in cases where such statutory liability may not be lawfully excluded (e.g., product liability act).
13. CONTACT
For orders, enquiries and everything to do with the purchase of items from the Bayer 04 Shop range, you have the following possibilities to contact us:
Bayer 04 Leverkusen Fußball Ltd
Servicecenter
Bismarckstraße 122-124
51373 Leverkusen
Hotline: +49 214 5000 1904
E-mail: info@bayer04.de; Online-Shop: http://shop.bayer04.de.
For questions about orders being processed (e.g., payment, shipping etc.), there is also a hotline you can call:
Hotline: +49 214 86600 (The base rate of your telephone provider, no further charges.)
Please be informed that you can access the online dispute resolution platform of the EU Commission under http://ec.europa.eu/consumers/odr.
14. CONFIDENTIALITY
All data made available by the Purchaser is saved, processed and used by the Bayer 04 Fanshop in compliance with the applicable data privacy provisions. In this regard please refer here.
15. GOVERNING LAW, PLACE OF FULFILMENT, JURISDISCTION
15.1 Governing law: The contractual relationship governed by German law. Application of UN purchasing law (CISG) shall be precluded.
15.2 Jurisdication: Exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the competent court in Leverkusen, as long as the Purchaser is a merchant as defined by the German Commercial Code (HGB), or is a legal entity under public law or a special asset under public law, or has no general place of jurisdiction in Germany. The place of jurisdiction for transnational contracts shall also be Leverkusen. The contracting parties must also agree to rule any cross-border disputes in Leverkusen. We remain entitled at any time to also file suit at the Purchaser’s general place of jurisdiction.
16. SUPPLEMENTS AND AMENDMENTS
The Bayer 04 Fanshop is entitled to modify and or amend these Terms and Conditions and/or the respective price list at six weeks' notice in case of changes to market condition and/or legislation and/or decisions of Germany's highest court, provided this is reasonable for the Purchaser. The respective changes are communicated to the Purchaser in writing – provided the Purchaser has given their consent for this form of correspondence – or by E-mail. Supplements or amendments are regarded as having been approved unless the Purchaser lodges an objection in writing or by E-mail within six weeks of receipt of the supplements and/or amendments, on the proviso that the Bayer 04 Fanshop has expressly referred to this assumption of approval. Any possible objection by the Purchaser is to be sent to the contact address indicated in paragraph 13.
17. FINAL CLAUSE
If individual provisions of these general terms and conditions are completely or partially ineffective, this will not affect the effectiveness of the other provisions or the other parts of such provisions.
As of June 2017
Note: This translation is for information purposes only. The German text as of July 2017 shall prevail in the event of any discrepancy between this version and the original.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To
Bayer 04 Leverkusen Fußball GmbH,
Bismarckstraße 122-124,
51373 Leverkusen
Fax: 0214/8660159
Email: info@bayer04.de
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
___________
(*) Delete as appropriate.
Clubs
General Terms of Trade:- - AGB Bayer 04-Club
- - AGB Löwenclub
- - AGB Teens 04