Terms & Conditions Fan Shop

Eintracht Frankfurt Fußball AG

GTC Merchandising

General terms and conditions of Eintracht Frankfurt Fußball AG for the purchase of products and services from Eintracht Frankfurt on the marketplace
1 Scope
1.1 Eintracht Frankfurt Fußball AG, In the heart of Europe 1, 60528 Frankfurt am Main ("Eintracht Frankfurt") distributes products and services via the website https://stores.eintracht.de/ and the associated app (hereinafter referred to as "Marktplatz"). On the marketplace, entrepreneurs within the meaning of Section 14 of the German Civil Code ("Händler") can directly interested customers with various physical and digital products and services, for example from the fields of sports, fashion, electronics, multimedia, transport or basic services ("products") ( customer") offer and distribute to them.
1.2 The following General Terms and Conditions ("GTC") apply to the purchase of products and services of Eintracht Frankfurt by consumers within the meaning of 13 BGB and by companies within the meaning of 14 BGB and exclusively regulate the contractual relationship between Eintracht Frankfurt and a customer, who is registered on the marketplace (customer together with Eintracht Frankfurt Parteien") and purchases products or services via the marketplace of Eintracht Frankfurt.
1.3 These General Terms and Conditions, however, do not govern the contractual relationship between the customer and the marketplace operator during registration. Such a contractual relationship is subject to a separate agreement, which the customer concludes directly with the marketplace operator.
1.4 The customer can retrieve and print the current terms and conditions at any time on the marketplace and during the entire ordering process. Eintracht Frankfurt does not store this contract text after conclusion of the contract.

1.5 These General Terms and Conditions are the exclusive contractual basis for customers to purchase products and services from Eintracht Frankfurt via the marketplace. Any conflicting general terms and conditions of the customer are excluded, even if Eintracht Frankfurt does not expressly object to them.
2 Conclusion of contract
2.1 The purchase of products and services is only possible as a customer registered on the marketplace. The customer is obliged to provide an invoice address and (if different from the invoice address) a delivery address and the necessary payment data. This information must be true and complete. In the event of incorrect and incomplete information, Eintracht Frankfurt is entitled to withdraw from a contract at any time.
2.2 There is no entitlement to the purchase of products and services.
2.3 The conclusion of the contract when ordering products and services via the marketplace depends on the payment method selected by the customer.

2.4 The presentation of the products and services on the website or in the app does not constitute a binding offer by Eintracht Frankfurt to conclude a sales contract, but an invitation to submit an offer by the customer. For this purpose, the Customer provides the necessary information during the ordering process and triggers the order of a product or service with the onlineOrder a binding offer to conclude a contract with Eintracht Frankfurt ( offer to purchase a product or service). Until the order of a product is placed using the online command provided on the Website or in the App, the Customer may cancel or modify his order at any time by the Customer cancelling the order, deletes the products or services from the shopping cart, uses the navigation function of its browser, or closes the app or browser window. Eintracht Frankfurt confirms to the customer the receipt of the offer for the purchase of a product or service by sending an e-mail to the e-mail address provided by the customer as part of the creation of the customer account ("order confirmation"). The order confirmation does not constitute an acceptance of the offer to purchase a product or service by Eintracht Frankfurt. Acceptance by Eintracht Frankfurt is subject in particular to the availability of the ordered tickets and the consideration of special circumstances (e.g., security aspects). The contract between Eintracht Frankfurt and the customer is only concluded with the dispatch of the product or the provision of the service. At the time of sending a product, the customer receives a shipping confirmation, the binding booking of the service is confirmed to the customer by e-mail.
2.5 Until full payment by the customer, the delivered products remain the property of Eintracht Frankfurt.
3 Contractual partners
Eintracht Frankfurt is the customer’s contractual partner if the customer purchases products or services from Eintracht Frankfurt via the marketplace.
4 Product and service descriptions
The essential characteristics of the products and services offered are derived from the product/service descriptions of Eintracht Frankfurt on the marketplace.
5 Prices; delivery and shipping costs
The prices stated on the marketplace of Eintracht Frankfurt are gross prices and include the statutory value added tax and plus delivery and shipping costs in the amount of:
    within Germany 5,00 € per piece up to 30 kg;
    within Germany 10,00 € for shipping alcoholic beverages;
    within the EU member states € 15,00 per piece up to 30 kg;
    within Europe (non-EU) € 25,00 per piece up to 30 kg;
    worldwide € 39.00 per item up to 5 kg.
6 Terms of payment
6.1 Payment of the purchase price may be made by advance payment, SEPA direct debit, credit card (VISA/MasterCard/American Express/Diners) or PayPal, depending on the type of purchase of the product or service. Eintracht Frankfurt reserves the right not to offer certain payment methods and to refer to other payment methods for each order. In the case of orders, the purchase price will be debited after the order confirmation has been sent, whereby the debit is made before the goods are dispatched. Eintracht Frankfurt reserves the right to offer further payment methods or temporarily not to offer offered payment methods in individual cases.
6.2 The customer is only entitled to set-off if his counterclaim has been legally established or acknowledged by Eintracht Frankfurt. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
7 Notes according to Battery Act, Packaging Ordinance and Electrical Law
Batteries are also used in some products offered by Eintracht Frankfurt and may not be disposed of with household waste. Consumers are legally obliged to return all used batteries and rechargeable batteries, for example at the public collection points or where batteries are sold. Batteries are marked with the sign (logo "waste container) and provided with one of the chemical symbols:
Cd (= battery contains more than 0.002% cadmium)
Hg (= battery contains more than 0.0005% mercury)
Pb (= battery contains more than 0.004% lead)
Eintracht Frankfurt has ensured that the products sold are assigned to a recognised return system for batteries, packaging and electrical appliances.
8 Wines and spirits
8.1 The sale of alcohol to young people under the age of 18 is prohibited. The range of wines and spirits is aimed exclusively at adults. If the customer is under 18 years old, he may not order wines or spirits via Eintracht Frankfurt.
8.2 When ordering, the customer agrees to this regulation and assures that he has already exceeded the minimum age of 18 years. In cases of doubt, Eintracht Frankfurt is entitled to request proof of age prior to dispatch and/or delivery. The customer can also send the proof of age in advance by e-mail to info@eintrachtfrankfurt.de. If the delivery is not handed over at the front door as a result of the proof of age, the customer bears the return costs.
9 vouchers
9.1 Unless otherwise stated on the Voucher or the Marketplace, Gift Vouchers are redeemable until the end of the third year following the purchase of the Voucher ("Expiration Date"). Remaining credit will be credited to your Gift Card account until the expiration date, after which it can no longer be used.
9.2 Gift Vouchers may only be redeemed on the Marketplace for products or services accepted for purchase through Vouchers. Several gift vouchers can be combined per order. It is not possible to redeem products whose value falls below the individual or combined value of the respective voucher.
9.3 Gift vouchers may not be paid out in cash, charged for value, offset against outstanding claims or transferred to another customer account. A resale of gift vouchers is not permitted, vouchers cannot be redeemed for the purchase of vouchers.
9.4 Eintracht Frankfurt Fußball accepts no liability for loss, theft, misuse or delayed transmission (for example due to technical malfunctions) of gift vouchers.
9.5 In the event of fraud, attempted deception or suspicion of other illegal activities in connection with a gift voucher purchase or voucher redemption, Eintracht Frankfurt is entitled to close the corresponding customer accounts and/or request an alternative payment method.
9.6 Otherwise, the conditions stated on the respective voucher or on the marketplace apply.
10 promotional vouchers
10.1 Promotional vouchers are physical vouchers or digital voucher codes that cannot be purchased, but which Eintracht Frankfurt issues as part of advertising campaigns or other promotions with a specific validity period.
10.2 Promotional vouchers can only be redeemed in the specified period and only once during an order process. Individual goods or services may be excluded from a voucher campaign. Promotional vouchers cannot be used to purchase gift vouchers and may be subject to a minimum order value.
10.3 In certain cases, the value of the goods must correspond at least to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the payment options offered. The value of a promotional voucher will not be paid out in cash or interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
10.4 Promotional vouchers can only be redeemed prior to the completion of the order process. The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined, unless Eintracht Frankfurt has provided different information in individual cases.
10.5 Should the customer have used a promotional voucher at the time of purchase, Eintracht Frankfurt reserves the right to give the customer the original or a proportional price of the goods that the customer retains, if - due to a revocation - the total value of the order falls below or corresponds to the respective value of the promotional voucher.
11 Warranty
The statutory warranty provisions apply.
12 Liability
12.1 In the event of slightly negligent breach of essential contractual obligations, the liability of Eintracht Frankfurt is limited to the foreseeable damage typical of the contract. This limitation of liability also applies to his legal representatives and vicarious agents.
12.2 The limitation of liability in Section 8.1 does not apply to product liability, in case of intent, gross negligence, bodily and health damage or loss of life and buyer.
13 Revocation
If the customer is a consumer within the meaning of §13 BGB and purchases a product via the marketplace, the customer is entitled to the right of withdrawal described below.
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CANCELLATION POLICY 
Right of withdrawal
 
You have the right to revoke this contract within sixty days without giving reasons.
The withdrawal period is sixty days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods or goods. has.

To exercise your right of withdrawal, you must contact Eintracht Frankfurt Fußball AG, Merchandising Department, Im Herzen von Europa 1, 60528 Frankfurt am Main Phone: +49 800 - 743 1899, e-mail address: info@eintrachtfrankfurt.de) by means of a clear statement (e.g., a letter, telephone or e-mail sent by post) to inform you of your decision to withdraw from this contract.

You can use the sample withdrawal form below, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
 
Consequences of the revocation
 
(1) If you withdraw from this contract, we will give you all the payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the favorable standard delivery offered by us), immediately and at the latest within sixty days from the date of repayment, where we have received notice of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any case no later than sixty days from the day on which you inform us of the revocation of this contract. The period is met if you send the goods before the expiry of the period of sixty days.
You bear the direct costs of returning the goods.
With the exception of cases where we agree to collect the goods because they are not suitable for parcel shipping, we may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, depending on the earlier date. 
Except in the case of goods that are not suitable for parcel shipping, for which we promise to collect the goods, you must immediately and in any case no later than sixty days from the day on which you inform us of the revocation of this contract (Eintracht Frankfurt Fußball AG c/o RMD Logistics GmbH, Am Kreuzäckerring 1, 63814 Mainaschaff or Eintracht Frankfurt Fußball AG, Merchandising Department, In the heart of Europe 1.60528 Frankfurt am Main) to be returned or handed over. The period is met if you send the goods before the expiry of the period of sixty days.
You must only pay for any loss in value of the goods if this loss in value is attributable to a handling of the goods that is not necessary to check the quality, characteristics and functioning of the goods.

(2) The right of withdrawal does not apply to contracts for goods that have been customized or refined according to customer-specific specifications, such as individually flocked jerseys.

(3) The right of withdrawal does not apply to contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery. The right of withdrawal does not exist Goods which are not suitable for return for reasons of health protection or hygiene and whose sealing has been removed after delivery or which have been inseparably mixed with other goods due to their nature after delivery.

(4) The right of withdrawal also does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly.(5) The right of withdrawal also does not apply to contracts for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts for the delivery of such publications.
End of the cancellation policy
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The withdrawal form is also available here.  (DE)

14 Changes to these GTC

14.1 Eintracht Frankfurt may amend and adapt these GTC with effect for the future if there is a valid reason for the change and if the changes are reasonable taking into account the interests of both parties.

14.2 A valid reason exists in particular if the changes are necessary to a not insignificant extent due to an unforeseeable disruption of the equivalence relationship of the contract for the user at the time of conclusion of the contract or due to or legal changes are necessary for the further execution of the contract.
14.3 The change of a main performance obligation is excluded.

14.4 In the case of continuing obligations, Eintracht Frankfurt shall transmit the amended terms and conditions to the customer in text form prior to the planned entry into force and shall separately point out the new regulations and the date of entry into force. At the same time, Eintracht Frankfurt will grant the customer a reasonable period of at least six weeks to declare whether the customer accepts the amended terms of use for further use of the service. 

14.5 If no declaration is made by the customer within this period, which begins to run from receipt of the message in text form, the amended terms shall be deemed to have been agreed. 

14.6 Eintracht Frankfurt will draw the customer’s attention to this legal consequence separately at the beginning of the period, i.e., the right of objection, the period of objection and the importance of silence.
15 Information on dispute resolution pursuant to the Consumer Dispute Resolution Act

Online dispute resolution pursuant to Article 14 para. 1 ODR Regulation: The European Commission provides an online dispute resolution (ODR) platform, which you can find at http:///ec.europa.eu/consumers/odr/. Eintracht Frankfurt is generally not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
 

16 Final provisions

16.1 The contract language is German.

16.2 For the contractual relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the uniform UN Sales Convention (CISG). If the customer is a consumer and has no place of residence in the Federal Republic of Germany, the contractual relationship is exclusively subject to the law of the Federal Republic of Germany to the exclusion of the CISG, unless mandatory provisions of the law of the state, where the consumer has his habitual residence, provide otherwise.
16.3 If the customer does not have a general place of jurisdiction in Germany or in another EUMember State, or he is a merchant or a legal person under public law or his permanent residence is transferred abroad after the effective date of these GTC or the place of residence or habitual residence is not known at the time of filing the action, shall be the exclusive place of jurisdiction for all disputes arising from this contract.

As of 17 November 2021