Terms and Conditions
General Terms and Conditions Online Shop
Download terms and conditions here
1. Scope, definitions
1.1 The following general terms and conditions (“ GTC ”) apply in the version valid at the time of the order for the business relationship between FC Viktoria 1889 Frauen-Fußball GmbH (hereinafter “ FCV ”) and the customer (hereinafter “ customer ”) regarding orders for goods in the online shop atwww.fcviktoria.com (“ online shop ”). Differing general terms and conditions of the customer will not be recognized unless FCV expressly agrees to their validity in writing.1.2 These Terms and Conditions expressly do not apply to ticket orders. In this case, special General Terms and Conditions apply.
1.3 The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking on the button "Order with payment", the customer places a binding order for the goods contained in the shopping cart. FCV will immediately confirm receipt of the order by email; this does not constitute acceptance of the contract.
2.2 Before the customer submits their order to FCV, they can identify possible input errors by carefully reading the data they have entered and the data displayed to them again. They can also use the browser's zoom function to do this. They can correct input errors by using the keyboard and mouse commands available for this purpose before submitting the offer by clicking on "Order with payment".
2.3 A legally binding purchase contract is concluded through a separate order confirmation from FCV, which is sent to the customer by email and contains the contract text.
2.4 The contract is concluded in German.
2.5 The FCV saves the contract text of the order and sends the customer the corresponding data in the order confirmation by email.
3. Delivery, availability of goods, retention of title
3.1 Delivery times stated are calculated from the time of order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is stated for the respective goods in the online shop, it is approximately 2-5 working days.
3.2 If the FCV does not have the ordered goods in stock, it will inform the customer immediately when the goods are available or if, contrary to expectations, the goods are not available within a reasonable time. In the latter case, the FCV will immediately refund any payments already made.
3.3 The goods remain the property of FCV until full payment has been made.
4. Prices, payment terms
4.1 The product prices stated in the online shop are gross prices in euros including the applicable statutory sales tax. Shipping costs are additional and are stated when ordering.
4.2 The payment methods available at the time of the order are displayed in the order process. The FCV will not arrange for shipping until the payment has been credited to the FCV account or the FCV has received confirmation of payment from the relevant payment service provider.
4.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer will be in default if the payment is missed.
4.4 The customer is only entitled to offset against FCV claims if their claims have been legally established, FCV has acknowledged them, or their claims are undisputed or they arise from the contract underlying the order. The customer is only entitled to exercise a right of retention if this is based on the contract underlying the order.
5. Right of withdrawal
5.1 Consumers have a time-bound right to cancel the contract underlying the order. The cancellation policy and the form for exercising the cancellation can be found in the order confirmation sent by email.
6. Warranty
6.1 The customer's warranty rights are governed by the statutory provisions. In particular, the customer has the right to demand subsequent performance in the event of defects and, if necessary, to reduce the price, to withdraw from the contract and/or to demand compensation or reimbursement of wasted expenditure. For businesses, the warranty period for items delivered by FCV is 12 months.
6.2 FCV assumes no liability for defects in the goods resulting from unsuitable or improper use, non-compliance with application instructions, incorrect or negligent handling or normal wear and tear.
7. Liability
7.1 The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by FCV, its legal representatives or vicarious agents. An essential contractual obligation is an obligation the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can rely.
7.2 In the event of a breach of essential contractual obligations, FCV shall only be liable for damages that are typical for the contract and foreseeable at the time the contract was concluded if they were caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
7.3 The restrictions in clauses 7.1 and 7.2 also apply to the benefit of the legal representatives and vicarious agents of FCV if claims are asserted directly against them.
7.4 The above limitations of liability do not apply if FCV has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if FCV and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act and other mandatory statutory liability provisions remain unaffected.
8. Contact
Inquiries and all matters relating to orders in the online shop can be directed to FCV via the following contact options:
FC Viktoria 1889 Berlin Women's Football GmbH
Krahmerstrasse 15
12207 Berlin
Telephone: +49 (30) 75 44 48 98 0
info@fcviktoria.com
www.fcviktoria.com
9. Final provisions
9.1 For information about the personal data collected and processed within the scope of our online shop and to process the order, please refer to our privacy policy, which is available at www.fcviktoria.com/Datenschutz.
9.2 The mandatory legal provisions of the country in which the customer usually resides apply. Otherwise, German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
9.3 The sole place of performance for delivery, service and payment is the registered office of FCV.
9.4 The place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions and/or their validity or legal transactions based on these Terms and Conditions is the registered office of FCV, unless the customer is a consumer.
9.5 Should individual clauses of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. If a provision is invalid, the parties must negotiate in good faith to replace it with a provision that comes closest to the economic purpose of the invalid provision. The same applies to a gap in these General Terms and Conditions.
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking on the button "Order with payment", the customer places a binding order for the goods contained in the shopping cart. FCV will immediately confirm receipt of the order by email; this does not constitute acceptance of the contract.
2.2 Before the customer submits their order to FCV, they can identify possible input errors by carefully reading the data they have entered and the data displayed to them again. They can also use the browser's zoom function to do this. They can correct input errors by using the keyboard and mouse commands available for this purpose before submitting the offer by clicking on "Order with payment".
2.3 A legally binding purchase contract is concluded through a separate order confirmation from FCV, which is sent to the customer by email and contains the contract text.
2.4 The contract is concluded in German.
2.5 The FCV saves the contract text of the order and sends the customer the corresponding data in the order confirmation by email.
3. Delivery, availability of goods, retention of title
3.1 Delivery times stated are calculated from the time of order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is stated for the respective goods in the online shop, it is approximately 2-5 working days.
3.2 If the FCV does not have the ordered goods in stock, it will inform the customer immediately when the goods are available or if, contrary to expectations, the goods are not available within a reasonable time. In the latter case, the FCV will immediately refund any payments already made.
3.3 The goods remain the property of FCV until full payment has been made.
4. Prices, payment terms
4.1 The product prices stated in the online shop are gross prices in euros including the applicable statutory sales tax. Shipping costs are additional and are stated when ordering.
4.2 The payment methods available at the time of the order are displayed in the order process. The FCV will not arrange for shipping until the payment has been credited to the FCV account or the FCV has received confirmation of payment from the relevant payment service provider.
4.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer will be in default if the payment is missed.
4.4 The customer is only entitled to offset against FCV claims if their claims have been legally established, FCV has acknowledged them, or their claims are undisputed or they arise from the contract underlying the order. The customer is only entitled to exercise a right of retention if this is based on the contract underlying the order.
5. Right of withdrawal
5.1 Consumers have a time-bound right to cancel the contract underlying the order. The cancellation policy and the form for exercising the cancellation can be found in the order confirmation sent by email.
6. Warranty
6.1 The customer's warranty rights are governed by the statutory provisions. In particular, the customer has the right to demand subsequent performance in the event of defects and, if necessary, to reduce the price, to withdraw from the contract and/or to demand compensation or reimbursement of wasted expenditure. For businesses, the warranty period for items delivered by FCV is 12 months.
6.2 FCV assumes no liability for defects in the goods resulting from unsuitable or improper use, non-compliance with application instructions, incorrect or negligent handling or normal wear and tear.
7. Liability
7.1 The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by FCV, its legal representatives or vicarious agents. An essential contractual obligation is an obligation the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can rely.
7.2 In the event of a breach of essential contractual obligations, FCV shall only be liable for damages that are typical for the contract and foreseeable at the time the contract was concluded if they were caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
7.3 The restrictions in clauses 7.1 and 7.2 also apply to the benefit of the legal representatives and vicarious agents of FCV if claims are asserted directly against them.
7.4 The above limitations of liability do not apply if FCV has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if FCV and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act and other mandatory statutory liability provisions remain unaffected.
8. Contact
Inquiries and all matters relating to orders in the online shop can be directed to FCV via the following contact options:
FC Viktoria 1889 Berlin Women's Football GmbH
Krahmerstrasse 15
12207 Berlin
Telephone: +49 (30) 75 44 48 98 0
info@fcviktoria.com
www.fcviktoria.com
9. Final provisions
9.1 For information about the personal data collected and processed within the scope of our online shop and to process the order, please refer to our privacy policy, which is available at www.fcviktoria.com/Datenschutz.
9.2 The mandatory legal provisions of the country in which the customer usually resides apply. Otherwise, German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
9.3 The sole place of performance for delivery, service and payment is the registered office of FCV.
9.4 The place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions and/or their validity or legal transactions based on these Terms and Conditions is the registered office of FCV, unless the customer is a consumer.
9.5 Should individual clauses of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. If a provision is invalid, the parties must negotiate in good faith to replace it with a provision that comes closest to the economic purpose of the invalid provision. The same applies to a gap in these General Terms and Conditions.
