Terms and Conditions

§ 1 Scope and Contracting Party

Provider and Contact

These General Terms and Conditions apply to all orders you place via our online shop. The provider and your contractual partner is:

Applicability

For the business relationship between us and you, only the following General Terms and Conditions in their version valid at the time of the order shall apply. We do not recognize any differing or conflicting terms and conditions of yours, unless we have expressly agreed to their validity in writing.

Distinction from other offers

These GTC apply exclusively to orders placed via our online shop. For the purchase of admission tickets, the separate General Terms and Conditions of our ticket distribution and our General Ticket Terms and Conditions (ATGB) apply. For orders placed via the online shop of TSV München von 1860 e. V., its own terms and conditions apply.

Minors

Orders placed by minors require the consent of their legal representatives. By placing an order, the ordering person assures that they are either of legal age or have the necessary consent of their legal representatives. We reserve the right to request appropriate proof in case of justified doubts. This applies in particular to the order of individualized goods (e.g. jerseys with a custom name or number), which are excluded from the statutory right of withdrawal according to clause 9.

Consumers and Entrepreneurs

A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB).

Contract Language

The language available for concluding the contract is German.

§ 2 Conclusion of Contract

Product Presentation

The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding invitation to order. Minor, customary deviations of the actual color representation from the representation on the device used may be due to technical reasons.

Order as an Offer

By clicking the button "Order with obligation to pay", "Buy now" or a similar designation, you submit a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, you can view your entries in the order summary at any time, correct them with the usual keyboard and mouse functions, or cancel the order process.

Acceptance by us

After receiving your order, you will receive an automatic confirmation of receipt by e-mail. This does not yet constitute acceptance of your offer. The purchase contract is concluded when we accept your order by an order confirmation or ship the goods.

Storage of the Contract Text

We store the contract text and send you the order data and these GTC by e-mail. You can view and print the current version of the GTC at any time in our online shop. You can also view your past orders in your customer account, if you have created one.

§ 3 Customer Account and Registration

Voluntary Registration

You can also order as a guest in our online shop without creating a customer account. Registering a customer account is voluntary and allows you, among other things, to view previous orders and simplify data entry for future orders.

Login details

When registering, you provide a valid email address and a self-chosen password. Your details must be truthful and complete; you must update any changes promptly in your customer account.

Confidentiality of Access Data

You are obliged to protect your access data from third-party access and to keep it confidential. If there is a suspicion that your customer account is being misused by a third party, please inform us immediately using the contact details provided above.

Blocking and Deletion

You can request the deletion of your customer account at any time without giving reasons. Statutory retention obligations remain unaffected. We are entitled to block or delete a customer account in case of a violation of these GTC or in case of justified suspicion of misuse.

§ 4 Prices and Shipping Costs

Prices

All stated prices are final prices and include the statutory value-added tax. The price indicated in the shop at the time of the order is decisive.

Shipping Costs

In addition to the stated product price, shipping costs may apply. We will clearly inform you of the amount of the shipping costs before you submit your order and will show them separately in the order overview. The exact amount of the shipping costs can be found in our separate shipping cost overview in the footer of our website.

Customs and Import Duties

For deliveries to countries outside the European Union, additional customs duties, taxes and fees may apply, which are to be borne by you.

§ 5 Terms of Payment

General

The payment methods displayed during the ordering process are available to you. The purchase price is due upon conclusion of the contract, unless otherwise specified for the respective payment method.

If we incur costs due to a chargeback for which you are responsible or a failed payment, we may demand reimbursement for them. You remain free to prove that no damage or significantly less damage has occurred.

When selecting certain payment methods (e.g. PayPal, Klarna, credit card, Apple Pay, Google Pay or similar, if offered), payment processing is carried out via the respective external payment service provider. Its own terms of use and payment apply in addition, which you can view separately before completing the payment. We have no influence on the design of these terms.

Discount and Promotion Codes

The conditions communicated at the time of issue apply to discount and promotional codes. Unless otherwise specified therein, multiple discount or promotional codes cannot be combined and cannot be applied retroactively to already completed orders. Individual items may be excluded from discount promotions.

Effects of Returns in Connection with Discounts

If a condition decisive for the granting of a discount is no longer met retroactively due to the return of individual items, the calculation of the refund amount will be based on the conditions of the respective discount promotion.

§ 6 Delivery and Delivery Times

Delivery Area

We deliver to the delivery areas specified during the order process. Delivery will be made to the delivery address you provide.

Delivery Times

Unless otherwise stated in the respective offer, delivery will take place within 2–7 business days after the conclusion of the contract, or in the case of advance payment, after the time of your payment instruction. Longer delivery times may occur for individualized items and/or due to logistics or item bottlenecks.

Unavailability

If a product you ordered is unavailable despite timely and proper sourcing, we will inform you immediately and refund any payments already made without delay.

Partial Deliveries

We are entitled to make partial deliveries, provided this is reasonable for you. Additional shipping costs may arise if products from different sellers (e.g. fan shop and e.V. shop) are ordered in one order process.

Self-collection

If self-collection is offered in the order process and you have chosen it, the order must be collected at the collection point within eight weeks from the notification of availability. After this period, we are entitled to cancel the order and refund the purchase price.

§ 7 Transfer of Risk

Consumer

If you are a consumer, the risk of accidental loss and accidental deterioration of the goods passes to you only upon delivery of the goods to you or to a person authorized by you to receive them (§ 475 para. 2 BGB).

Entrepreneur

If you are an entrepreneur, the risk passes to you upon delivery of the goods to the transport company.

§ 8 Retention of Title

The delivered goods remain our property until full payment of the purchase price.

§ 9 Right of Withdrawal for Consumers

Principle

If you are a consumer, you have a statutory right of withdrawal for distance contracts in accordance with our cancellation policy.

Exclusion of the Right of Withdrawal for Personalized Goods

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 you is decisive or that are clearly tailored to your personal needs (§ 312g para. 2 no. 1 BGB). This applies in particular to jerseys and other items that are provided with an individual name, number, player flocking, badge, emblem or other individual refinement at your instigation.

Further Exceptions

The right of withdrawal also does not apply to sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Return Costs for Withdrawal

You bear the direct costs of returning the goods in the event of withdrawal.

§ 10 Digital Content and Vouchers

Provision

Digital content and/or vouchers, if we offer such, will be provided to you by email. The dispatch can take place immediately at your request or time-delayed to a recipient address chosen by you. For vouchers, the statutory limitation period applies.

Premature Expiration of the Right of Withdrawal

For digital content not supplied on a physical data carrier, your right of withdrawal pursuant to clause 9 expires if we have commenced performance of the contract after you have expressly agreed that we begin performance before the expiry of the withdrawal period, and you have confirmed your knowledge that you lose your right of withdrawal by your consent (§ 356 para. 6 BGB).

Validity

Vouchers can be redeemed within the statutory limitation period. The regular limitation period is three years and begins at the end of the year in which the voucher was purchased.

Redemption Locations

Vouchers can be redeemed in our online shop as well as in our physical shop, if we offer one, at the address specified there.

Redemption and Remaining Credit

Redemption is possible until the credit is fully used. Any remaining credit remains valid until the expiration date. If the order value exceeds the available voucher credit, the difference can be paid using one of the payment methods offered in the ordering process. Retroactive crediting of a voucher to an already completed order is not possible.

No Cash Payout

A cash payout of the voucher value or remaining credit is excluded. Vouchers cannot be used to purchase other vouchers.

Transferability

Vouchers are transferable and not personalized.

Loss and Misuse

No replacement will be made for lost, stolen, or illegible vouchers. We reserve the right to block vouchers in cases of justified suspicion of misuse or fraud.

§ 11 Returns and Exchanges

Flocked and personalized items

Personalized items or items flocked at your request are excluded from the statutory right of withdrawal. A change of player, a change of his back number or any other subsequent change to the official flocking after the conclusion of the contract does not give rise to a right of return or exchange. Your statutory rights regarding defects remain unaffected.

§ 12 Liability for Defects and Guarantees

The statutory liability for defects applies. An additional guarantee exists only if it is explicitly stated for the respective item. Any manufacturer guarantees remain unaffected.

§ 13 Liability

Unlimited liability

We are liable without limitation for damages resulting from injury to life, body or health, for damages due to intent or gross negligence, due to fraudulent concealment of a defect, as well as within the scope of a guarantee assumed and according to the provisions of the Product Liability Act.

Liability in case of slight negligence

In the event of slightly negligent breach of an obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely, our liability is limited to the foreseeable, typical damage for the contract at the time of its conclusion.

Exclusion otherwise

Any further liability is excluded. Mandatory statutory liability, in particular according to the above paragraph on unlimited liability, remains unaffected. The aforementioned limitations of liability also apply in favour of our legal representatives and vicarious agents.

§ 14 Personalization, use of goods and intellectual property rights

Personalization of items

When personalizing items, you may not provide any names, designations, characters or other content that violate legal provisions or infringe third-party rights, in particular name rights, trademark rights or other intellectual property rights. This applies in particular to offensive, discriminatory, racist, anti-Semitic, inhumane or otherwise illegal content. We reserve the right to reject corresponding personalization requests and not to execute the order in this respect.

Order quantities

We reserve the right to reject orders in quantities that are not customary for households or to limit them to a usual quantity. For individual, in particular limited items, different maximum quantities per customer may be specified in the online shop.

Trademark and distinctive signs rights

All club and company signs, logos, emblems and other intellectual property rights remain our property or the property of the respective rights holders. The purchase of an item does not entail any transfer of usage or licensing rights.

§ 15 Set-off and right of retention

You are only entitled to a right of set-off if your counterclaim has been legally established, is undisputed, ready for decision or has been acknowledged by us. You can only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship. Your statutory rights to refuse performance, in particular in the case of defects in the delivered goods, remain unaffected.

§ 16 Data protection

Information on the collection and processing of your personal data within the scope of the order process and the use of our online shop can be found in our separate data protection declaration, which can be accessed at any time in the online shop.

§ 17 Alternative dispute resolution

We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board (§ 36 (1) No. 1 VSBG).

The European Commission provides a platform for online dispute resolution (OS), which you can find at the following link: https://ec.europa.eu/consumers/odr.

§ 18 Choice of law, place of performance and jurisdiction

Choice of law

The law of the Federal Republic of Germany applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are a consumer with habitual residence in another state, the mandatory consumer protection regulations of that state remain unaffected by this choice of law.

Place of performance

For delivery, performance and payment, our registered office is the sole place of performance, insofar as you are an entrepreneur.

Place of jurisdiction

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is Munich. The same applies if you do not have a general place of jurisdiction in Germany or your domicile or habitual residence is unknown at the time the action is filed. For consumers, the statutory places of jurisdiction apply.

§ 19 Final provisions

Amendment of these General Terms and Conditions

The version of these General Terms and Conditions published in the online shop at the time of your order applies. Changes to these General Terms and Conditions do not affect contracts already concluded.

Severability clause

Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision. The same applies to any loopholes.