GENERAL TERMS AND CONDITIONS

SALES AND DELIVERY TERMS AND CONDITIONS OF BORUSSIA DÜSSELDORF

1. GENERAL

1.1 Unless otherwise agreed by individual agreement, Borussia Düsseldorf e.V. (hereinafter referred to as "BD") shall dispatch and deliver exclusively in accordance with the following General Terms and Conditions. These GTC apply to the sale and delivery of goods from the Borussia Düsseldorf online shop (https://shop.borussia-duesseldorf.com/). By using the online shop or placing an order, the customer agrees to the general terms and conditions stated here.

1.2 Conflicting or deviating terms and conditions of the customer shall not become part of the contract, even if BD performs without reservation.

2. POSTAL ADDRESS, OTHER COMMUNICATION DATA

The postal address and other communication data of BD are as follows:

Postal address:
Borussia Düsseldorf e.V., represented by President Marcel Piwolinski
Merchandising
Borussia-Düsseldorf-Str. 1
40629 Düsseldorf

Telephone: +49 (0)211 / 99179-61
Fax: +49 (0)211 / 99179-19
E-mail: bl-info(at)borussia-duesseldorf.com
Internet: https://shop.borussia-duesseldorf.com/
 
Tax number: 133 / 5905 / 0838

3. CONCLUSION OF CONTRACT

3.1 The "offers" contained on the website of BD's online shop do not yet constitute a legally binding offer for the conclusion of a contract. These are merely non-binding invitations to the customer to order goods. A legally binding offer for the conclusion of a purchase contract is only made by the customer who has submitted this offer by placing an order on the Internet using the communication data specified in section 2 of these General Terms and Conditions.

3.2 (1) The use of BD's online shop requires that your address data and bank details are stored in the database.

(2) The customer can select from BD's assortment and collect the goods in a so-called shopping cart by clicking the "add to shopping cart" button. By clicking the "shopping cart" button, the customer gets an overview of the goods in the shopping cart, including the prices. Before finally submitting the order, the customer can change and view the data at any time. By clicking the "proceed to checkout" button, the customer enters his data according to paragraph 1 and these contractual terms, including the cancellation policy, sample cancellation form and data protection policy. The ordering process can only be continued if the customer accepts these contractual terms by clicking the checkbox and has thereby included them in his offer. The customer has the option of saving or printing the contractual terms, the cancellation policy and the sample cancellation declaration as a PDF file before submitting the binding offer, as well as an order confirmation. The customer can now enter a different delivery address if necessary. By clicking the "submit order" button, the customer submits a binding offer.

(3) A contract between BD and the customer is concluded by the customer's order on the one hand and the delivery of the ordered goods or explicit acceptance by BD on the other hand. The due invoice amount must be paid within the payment period. If the payment deadline is exceeded, the customer is in default without a separate reminder. If payment is not made within the deadline, BD is entitled to cancel the order without compensation. The right to claim damages in this case is expressly reserved. BD endeavors to deliver the goods ordered by the customer, if available, within ten working days of receipt of the order. However, BD expressly points out that in individual cases, despite all efforts, delays may occur.

(4) After conclusion of the contract, the customer receives a confirmation and invoice including the order data by e-mail. The customer can view and download the General Terms and Conditions at any time on the website www.borussia-duesseldorf.com.

4. CANCELLATION POLICY

Right of cancellation:
The customer has the right to cancel this contract within 14 days without giving reasons. The cancellation 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 goods.
To exercise the right of cancellation, the customer must inform BD (Borussia Düsseldorf e.V., Merchandising, Borussia-Düsseldorf-Str. 1, 40629 Düsseldorf, Tel.: +49 (0)211 / 99179-61, Fax: +49 (0)211 / 99179-19, E-mail: bl-info@borussia-duesseldorf.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his decision to cancel this contract. The customer can use the attached sample cancellation form for this purpose, but this is not mandatory. To comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation:
If the customer cancels this contract, BD shall repay to the customer all payments BD has received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by BD), without undue delay and at the latest within fourteen days from the day on which the notification of the customer's cancellation of this contract was received by BD. For this repayment, BD 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 fees for this repayment. BD may refuse repayment until BD has 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 Borussia Düsseldorf e.V., Merchandising, Borussia-Düsseldorf-Straße 1, 40629 Düsseldorf, without undue delay and in any case at the latest within fourteen days from the day on which he informs BD of the cancellation of his contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.

The customer bears the direct costs of returning the goods. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.

NOTE: EXCLUSION of the right of cancellation
According to Section 312g (2) BGB, goods that are not prefabricated and for the production 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) as well as sealed audio recordings, provided that the seal was removed after delivery, are excluded from the right of cancellation in distance contracts.

The right of cancellation does not exist if the customer is an entrepreneur according to Section 14 BGB, i.e. a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding the legal transaction.

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and send it back.)
 
5. PRICES

5.1 The amount of the prices is based on BD's currently valid price list on the day of the order.
5.2 Prices are in euros, including the value-added tax valid on the day of delivery.

6. DELIVERY, TRANSFER OF RISK, AVAILABILITY OF GOODS

6.1 BD delivers the merchandising articles at the customer's expense to the specified delivery address (customer's business or residential address). The risk of loss or damage to the goods during transport is borne by the customer, unless the customer is a consumer. If the customer is a consumer, the risk only passes to him upon delivery of the goods. The transport company is selected by BD.

6.2 BD is entitled to make partial deliveries, provided this is reasonable for the customer.

6.3 If no copies of the product selected by the customer are available at the time of the customer's order, BD will inform the customer of this. Design, color, technical changes and/or printing errors are reserved. If the product is permanently unavailable, BD will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.

7. RETENTION OF TITLE

The goods remain the property of BD until full payment has been made.

8. DEFECTS

Borussia Düsseldorf is liable for defects within the framework of the statutory provisions. However, claims for damages and reimbursement of expenses due to defects are only available to the customer insofar as Borussia's liability is not excluded or limited in accordance with Section 9.

9. LIABILITY

9.1 Within the scope of this contract, Borussia Düsseldorf is otherwise liable for the compensation of damages or for the reimbursement of futile expenses caused by BD, its legal representatives or its vicarious agents, only in cases of intent and gross negligence or - in this case limited to foreseeable, contract-typical damage - in cases of culpable violation of essential contractual obligations. Essential contractual obligations are those obligations that protect the essential contractual legal positions of the customer, which the contract must grant the customer according to its content and purpose. Essential contractual obligations are furthermore those obligations whose fulfillment enables the proper execution in the first place and on the observance of which the customer regularly relies and may rely.

9.2 Claims for culpably causing damage to life, body or health, under the Product Liability Act, for fraudulent misrepresentation, due to a guarantee for the quality of a purchased item assumed by BD, for a procurement risk assumed by BD and for culpably caused impossibility remain unaffected.

9.3 The limitation of liability also extends to the personal liability of BD's legal representatives and vicarious agents.

10. ORDERS, SHIPPING COSTS

10.1 Orders can be paid for using Paypal, Klarna, Sofortüberweisung, Union Pay, Alipay, WeChatPay. In addition to the prices of the merchandising articles, shipping costs will apply.

10.2. We ship your order reliably with DHL. Shipping costs within Germany are €6.20, within Europe from €14.49, to non-EU countries in Europe from €19.49 and worldwide from €50.00.

11. INDUSTRIAL PROPERTY RIGHTS, DATA PROTECTION

11.1 All logos, photographs and other illustrations on the website are protected by copyright or trademark law. Any use without BD's consent, in particular the unauthorized downloading of illustrations, is prohibited and will be prosecuted under civil or criminal law.

11.2 The personal data collected during the order process will be processed exclusively for the purpose of contract execution and in accordance with the applicable data protection regulations. Further information can be found in the data protection declaration.

12. APPLICABLE LAW, ANCILLARY AGREEMENTS, WRITTEN FORM

12.1 These General Terms and Conditions are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

12.2 There are no oral ancillary agreements.

12.3 If, according to the wording of these General Terms and Conditions, a declaration requires written form, this requirement is not met by transmission via fax or e-mail.

13. PLACE OF PERFORMANCE, JURISDICTION

If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship as well as the place of performance for payment, delivery and service is Düsseldorf. This also applies if the customer has no general place of jurisdiction in Germany or if he moves his domicile or habitual residence to a place outside Germany after conclusion of the contract or if his domicile or place of residence is unknown at the time the action is brought. However, BD is also entitled to sue at the customer's domicile.

14. SEVERABILITY CLAUSE

Should individual provisions of this contract be invalid, the statutory provisions shall apply.