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GENERAL TERMS AND CONDITIONS OF THE TSG 1899 HOFFENHEIM FUßBALL-SPIELBETRIEBS GMBH FOR THE SALE AND DELIVERY OF FAN MERCHANDISE IN THE ONLINE-SHOP

 

1. Applicability, conclusion of contract

1.1.

The following terms and conditions apply exclusively for the sale and delivery of goods through our online shop of our website https://shop.achtzehn99.de. we accept no conflicting or other conditions of the customer, unless expressly agreed writing.

1.2

A contract is deemed to be concluded when we confirm the customer's order. When a customer places an order, we will send the customer confirmation of receipt of the order. the confirmation of receipt means that we have received the order and are checking wheter the goods are available. The sales contract for the goods ordered by the customer is concluded when we issue a binding confirmation of the order. The confirmation of the order is normally sent within one week of the order being placed and usually coincides with the shipment of the goods. In the vent that the customer does not receive confirmation of the order, the delivery of the goods will be considered confirmation of the order.

 

2. Prices, shipping and handling, payment, delivery conditions, vouchers and promotions

2.1

The prices apply at the time of the order indicated in the online shop. All prices include statutory valeue-added tax. Cash discount is granted with prior written agreement only. Except where otherwise stated, our prices are in EURO and do not include shipping and handling.

2.2

Shipping and handling is EUR 3,50 in Germany. The price for express deliveries is EUR 12,00. Shipping and handling for orders totaling EUR 49,00 or higher is fre of charge. These prices for shipping and handling apply for orders within Germany only. Shipping and handling for shipments outside of germany is charged at actual cost as agreed in advance. The shipping and handling charges herein apply for deliveries to one address.

2.3

The payment for the ordered goods shall be made by immediate transfer, Paypal (within the European Union), credit card or by cash on delivery. Information about paying with immediate transfer is available online at www.sofortueberweisung.de

2.4

We reserve the right as owner of the goods until the customer makes full payment of the invoice amount. if you are an entrepreneur in exercising of your commercial or self employed occupation, legal entity of public law or public law special fund, we reserve all rights of ownership to the goods until all outstanding accounts receivable have been completely settled with the business connection of the purchaser. the corresponding security interests can be transferred to third. The right for a set-off will be grandted, if your against claims are legally valid, undisputed or accepted by us. Also, you only have the right of retention, if your counterclaim is based on the same contractual relationship. is the sutomer behind with payments towards us, all existing claims fall due immediately.

2.5

There is a minimum order value of EUR 15,00.

2.6

The right for set-off will be granted, if your againts claims are legally valid, undisputed or accepted by us. Also, you nly have the right of retention, if your counterclaim is based on the same contractual relationship.

2.7

TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH can also make part deliveries where this is reasonable.

 2.8

 Vouchers and Promotions can not be combined.

 

 

3. Warranty

3.1

In the event that the goods delivered have obvious material or production faults, including damage caused in transport, we ask the customers to notify us the fault immediately. if the customer fails to notify us, this has no consequence for the sutomer's legal entitlements. These provisions do not affect the provisions in the German Commercial Code § 377 HGB.

3.2

The colors in the images of goods in the online shop can vary from the colors of the actual goods. Such as variations are caused by technical reasons and cannot always be prevented. Such slight color variations between the goods and the image in the online shop do not constitute material defects and therefore do not entitle the customer to claims under warranty rights.

3.3

In the event of defects during the statutory warranty, the customer is entitled to its choice of either statutory rights remedy, to elimination of the defect or provision of new goods, and -if the statutory requirements are fulfilled- to further entitlement to rescission and reduction of payment, including compensation for damages in place of fulfillment of the contract and compensation for the customer's wasted expenditure. In the event that defects are to be remedied, we are liable for all expenses involved in doing so. These include costs for transport, infrastructure, labor and materials, provided that these costs are not increased by the goods being in a location other than the place of performance.

 

 

4. Liability

4.1

We are liable for damage to the customer only where the damage is the result of gross negligence or intent or the breach of major obligation.

4.2

If we are liable for slightly negligent violation of material obligation, our liability is limited to the damage typically foreseeable for such type of contract at the time when the contract was concluded.

4.3

Entitlement to compensation in the respect of death and personal injury remain unaffected by the foregoing.

4.4

Where our liability for damages is excluded or limited, our employees, contractors, agents and persons performing duties on our behalf also cannot be held personally liable.

 

 

5. Place of performance, place of jurisdiction

 

If the customer is a business person, a juristic person under public law, or seperate fund under public law, the sole place of performance and place of jurisdiction is Mannheim, Germany. We can bring action against the customer in any legal venue or jurisdiction.

 

 

6. Miscellaneous provisions

6.1

German law applies without the UN sales law convention.

6.2

If any provision of these general terms and conditions proves to be invalid, this shall not affect the validity of the remaining provisions.

 

 

 

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