Terms of Condition

General Terms and Conditions of TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH for the sale and delivery of fan merchandise in the online storep

1. Scope of application, conclusion of contract

1.1. The following terms and conditions apply exclusively to the sale and delivery of goods offered in our catalog and online store on the https://shop.tsg-hoffenheim.de website. We do not recognize any terms and conditions of the customer that contradict or deviate from our terms and conditions. This also applies if the inclusion is not expressly contradicted.

1.2. A contract is only concluded when we accept the customer's order. As part of the ordering process in the online store, the customer receives a confirmation of receipt for their 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 once we have bindingly confirmed the customer's order. The order confirmation is usually sent within one week and at the same time as the notification that the goods have been dispatched. 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 as part of a reverse auction, the following applies: In a reverse auction, the respective product is offered at a starting price. This starting price is reduced in a technically predefined cycle until a first bidder concludes the purchase contract with us by clicking the "Buy now" button. Clicking on the "Buy now" button constitutes acceptance of our offer to conclude a purchase contract for the respective product at the price displayed at the time the "Buy now" button is clicked. This means that when a registered customer clicks the "Buy now" button for the first time, the contract is legally binding. Any lower price limit is indicated in the reverse auction.

2. Prices, shipping costs, payment and delivery conditions

2.1. The prices stated in the catalog and in the online store include the statutory value added tax without packaging and shipping costs, unless otherwise stated in the confirmation of receipt.

2.2. The shipping costs within Germany are EUR 6.00. For express delivery, the shipping costs are EUR 12.00. For orders over EUR 49.00, the shipping costs are waived. This only applies to domestic orders. Shipments abroad are only charged by arrangement and at cost. The stated shipping costs apply to delivery to one delivery address.

Payment for the ordered goods can be made by instant bank transfer (online only), PayPal (online only), purchase on account (online only), cash on delivery (only for fax orders with order form) or credit card. Information on payment by instant bank transfer is available at http://www.sofortueberweisung.de, by PayPal at http://www.paypal.de and by purchase on account at http://www.unzer.com

2.4. In the case of consumers, we reserve title to 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 reserve title to the object of sale until all outstanding claims arising 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 recognized by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship. If the customer is in arrears with any payment obligations to 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 recognized by us. In addition, the customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

2.7. We are entitled to make partial deliveries if this is reasonable for the customer. If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

2.8. Vouchers, discounts and discount promotions cannot be combined with each other, are only valid for the respective purchase and the respective discount promotion and cannot be paid out. Vouchers, discounts and voucher promotions are only valid while stocks last.

3. Warranty

TSG 1899 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 in accordance with clause 4.

4. Liability

4.1. WWe shall only be liable for damages to the customer if they are based on grossly negligent or intentional behavior or on the breach of a material contractual obligation.

4.2. In the event of a slightly negligent breach of a material contractual obligation, liability shall be limited to the amount of damage typically foreseeable at the start of the contract.

4.3. Claims for damages due to injury to life, limb or health or under the Product Liability Act 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, workers, staff, representatives and vicarious agents.

5. Cancellation policy

5.1. Right of withdrawal The customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods, the withdrawal period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods in his order.

In order to exercise the right of withdrawal, the customer must inform TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH, Dietmar-Hopp-Straße 1, 74889 Sinsheim, Fax: 07261-9493-303, E-Mail: fanartikel@tsg-hoffenheim.de of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). The customer may use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the customer to send notification of exercising the right of withdrawal before the withdrawal period expires.

5.2. Consequences of revocation If the customer withdraws from this contract, we shall reimburse to the customer all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from the customer's 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 the customer's decision to withdraw from this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.

The customer must return or hand over the goods to "Lager TSG 1899 Hoffenheim, Helmertstr. 4-6, 68219 Mannheim without delay and in any case within fourteen days at the latest from the day on which he informs us of the revocation of his contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.

The customer shall bear the direct costs of returning the goods.

The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

5.3. Exclusion of the right of withdrawal Pursuant to Section 312g (2) of the German Civil Code (BGB), goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer (e.g. jerseys with individual flocking), sealed sound or video recordings or computer software, provided that the seal has been removed after delivery, as well as newspapers, magazines or magazines with the exception of subscription contracts are excluded from the right of withdrawal in the case of distance selling contracts.

The right of revocation does not apply if the customer is an entrepreneur in accordance with § 14 BGB, i.e. a natural or legal person or a partnership with legal capacity that is exercising its commercial or independent professional activity when concluding the legal transaction.

5.4. Sample withdrawal form To TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH, Dietmar-Hopp-Straße 1, 74889 Sinsheim, Telefax: 07261-9493-303, E-Mail: fanartikel@tsg-hoffenheim.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date

(*) Delete as appropriate."

6. Alternative dispute resolution in accordance with the Consumer Dispute Resolution Act

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.

7. Place of performance, place of jurisdiction, commercial register and VAT identification number

7.1. 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 Heidelberg. We are entitled to sue the customer at any other place where a statutory place of jurisdiction exists.

7.2. TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH is entered in the commercial register at Mannheim Local Court under registration number HRB 341926. The sales tax identification number is DE 239 626 457.

8. Property rights, data protection

8.1. 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 the unauthorized downloading of images, is prohibited and will be prosecuted under civil and criminal law.

8.2. Ft TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH, compliance with the applicable data protection regulations is a matter of course. The privacy policy can be accessed at any time at: store.tsg-hoffenheim.de/datenschutz. TSG 1899 Hoffenheim uses the data within the framework of the statutory provisions, e.g. to execute the contract or to inform the customer about goods or services of TSG 1899 Hoffenheim that are similar to the goods or services ordered by the customer. The customer may object to the use or transmission of his/her data for advertising purposes or for the purposes of market or opinion research by TSG 1899 Hoffenheim at any time. TSG 1899 Hoffenheim shall inform the customer of this right to object each time it contacts the customer for advertising purposes. TSG 1899 Hoffenheim will point out any other purposes of use when collecting the data. If the customer wishes to object to the use of their data for advertising purposes, simply send a message to:

Thomas Heimhalt | DATENSCHUTZ perfect GbR
c/o TSG 1899 Hoffenheim Fußball-Spielbetriebs GmbH
Horrenberger Straße 58 | 74939 Zuzenhausen
E-Mail: datenschutz@tsg-hoffenheim.de

9. Final provisions

9.1. The law of the Federal Republic of Germany shall apply to contracts between us and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, shall remain unaffected.

9.2. The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Zuzenhausen, as at: 01.2024