General terms and conditions
1. Applicability, conclusion of contract
2. Prices, shipping and handling, payment and delivery conditionsn
5. Place of perfomance, place of jurisdiction
GENERAL TERMS AND CONDITIONS OF TSG 1899 HOFFENHEIM FUSSBALL-SPIELBETRIEBS GMBH FOR THE SALE AND DELIVERY OF FAN ARTICLES IN THE ONLINE STORE
1. Validity, conclusion of contract
1.1 The following terms and conditions shall apply exclusively to the sale and delivery of the goods offered in our catalog and online store on the website shop.tsg-hoffenheim.de We do not recognize any terms and conditions of the customer that are contrary to or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing.
1.2 A contract is only concluded when we accept the customer's order. During the ordering process in the online store, the customer receives a confirmation of receipt of his order. This only means that we have received his order and are checking whether the goods are available. The purchase contract for the item(s) selected by the customer is only concluded when we confirm his order in a binding manner. The order confirmation usually takes place within one week and at the same time as the notification about the shipment of the goods. If the customer does not receive an order confirmation, the delivery of the goods shall also be deemed to be an order confirmation.
1.3 If items are offered in a reverse auction, the following shall apply: In a reverse auction, the respective TSG Hoffenheim product is offered at a starting price. This starting price will be reduced at a technically predefined rate until the first bidder concludes a purchase agreement with TSG Hoffenheim by clicking the "Buy Now" button. Pressing the "Buy Now" button shall constitute acceptance of TSG Hoffenheim's offer to conclude a purchase contract for the respective product at the price displayed at the time of pressing the "Buy Now" button. I.e. the first time a registered user clicks on the "Buy Now" button, the contract shall become legally binding. A possible price lower limit is indicated in the context of the reverse auction in each case.
2.1 The prices stated in the catalog and in the online store include the statutory value added tax without the packaging and shipping costs, unless otherwise stated in the confirmation of receipt.
2.2 The shipping costs within Germany are EUR 6.00. For an order value of EUR 49.00 or more, the shipping costs are waived. This applies only to domestic orders. Shipments abroad will only be charged after consultation and according to expenditure. The stated shipping costs apply to delivery to a delivery address.
2.3 Payment of the ordered goods is made by Sofortüberweisung (only online), PayPal (only online), cash on delivery (only for fax orders with order form) or credit card. Information about payment by Sofortüberweisung is available at http://www.sofortueberweisung.de, and by PayPal at http://www.paypal.de.
2.4 In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties. You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship. If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
2.5 There is no minimum order value.
2.6 The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
2.7 TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH shall be entitled to make partial deliveries if this is reasonable for the customer.
2.8 Vouchers, discounts and discount promotions cannot be combined with each other, are only valid for the respective purchase as well as the respective discount promotion and cannot be paid out. Vouchers, discounts and voucher promotions are only valid while stocks last.
TSG Hoffenheim shall be liable for defects within the scope of the statutory provisions. However, the customer shall only be entitled to claims for damages and reimbursement of expenses due to defects to the extent that TSG 1899 Hoffenheim's liability is not excluded or limited pursuant to Section 4.
4.1 We are only liable for damages of the customer if they are based on grossly negligent or intentional conduct or on the violation of an essential contractual obligation.
4.2 In the event of a slightly negligent breach of a material contractual obligation, the liability shall be limited to the amount of the damage that was foreseeable at the beginning of the contract and that typically occurs.
4.3 Claims for damages due to injury to life, limb or health or under the Product Liability Act shall remain unaffected.
4.4 Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction shall be Mannheim. We are entitled to sue the customer at any other place where a statutory place of jurisdiction exists.
6.1 All logos, photographs and other images in the catalog, on the website or in the online catalog are protected by trademark law or copyright. Any use without the consent of TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH, in particular unauthorized downloading of images, is prohibited and will be prosecuted under civil and criminal law.
6.2 For TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH, compliance with the applicable data protection provisions is a matter of course. The privacy policy can be accessed at any time at: store.tsg-hoffenheim.de/datenschutz. TSG 1899 Hoffenheim shall use the data within the scope of the statutory provisions, e.g. for the performance of the contract or to inform the customer about goods or services of TSG 1899 Hoffenheim that are similar to the goods or services ordered. The customer may at any time object to TSG 1899 Hoffenheim using or transmitting its data for advertising purposes or for purposes of market or opinion research. TSG 1899 Hoffenheim shall inform the customer of this right of objection each time it contacts the customer for advertising purposes. TSG 1899 Hoffenheim will inform the customer of any other purposes for which the data may be used when collecting the data. If the customer wishes to object to the use of his or her data for advertising purposes, simply send a message to:
Thomas Heimhalt
DATENSCHUTZ perfect GbR
Office Karlsruhe-West
Stiller Winkel 4
76187 Karlsruhe
Phone: +49 721 5315879
E-Mail: datenschutz@tsg-hoffenheim.de
7.1 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
7.2 Should any provision of our General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Sinsheim, as of: 02/27/2023