AGB Fanshop
Terms and Conditions for the purchase of fan articles from VfL Wolfsburg-Fußball GmbH (Version dated: 1 August 2018)
1. Scope
These Terms and Conditions apply to the purchase of fan articles from all sales points operated by VfL Wolfsburg-Fußball GmbH (VfL Wolfsburg), particularly the VfL online shop (“Wölfeshop”) at www.woelfeshop.de, the fan shops (e.g. VfL FanWelt), the fanmobile and the VfL Wolfsburg fan article catalogue.
By purchasing a fan article, the customer (contracting party) enters into a sales contract governed by these Terms and Conditions with VfL Wolfsburg.
2. Conclusion of contract, minimum order value, risk transfer
2.1 Order via Wölfeshop: by completing the order process, the contracting party makes a binding offer. VfL Wolfsburg will send an email notification of receipt of the order without delay. This notification that the order has been received does not represent acceptance of the offer. The contract comes about only once an order confirmation has been sent.
Orders by telephone: fan articles seen in the fan article catalogue or elsewhere can be ordered by phone from the Service Centre on +49 05361 8903 903 (costs depend on service provider). By completing the order process, the contracting party makes a binding offer. There is no separate confirmation that the order has been received. The contract is concluded upon delivery of the goods.
On-site purchases of fan articles: fan articles can be bought on site at VfL FanWelt, the Fanhaus fan shop, VfL FußballWelt, the arena’s north and south fan shops, the counter in the business area of the Volkswagen Arena and the fanmobile. By selecting an article, the contracting party makes an offer. VfL Wolfsburg accepts the offer by selling the fan article.
2.2 The minimum order value in the Wölfeshop or by phone via the Service Centre is €9.95.
2.3 If the contracting party is a business within the meaning of section 14 of the German Civil Code (BGB), the fan articles are sent by post at the expense and risk of the contracting party. The contracting party bears the risk of loss or damage to the fan articles in the course of delivery, unless VfL Wolfsburg or its agents are guilty of gross negligence or intent. However, if the contracting party is a consumer within the meaning of section 13 of the BGB, VfL Wolfsburg is liable for the delivery of the fan articles. The choice of transport company is made by VfL Wolfsburg.
3. Prices, delivery and postage costs, redemption of Wobbs points
3.1 To the extent that the contracting party is a consumer within the meaning of section 13 of the BGB and the order is not attributable to their commercial or freelance professional activity, the prices in the VfL Wolfsburg sales points are gross, i.e. including statutory VAT, and do not include delivery and postage costs, which for orders via the Wölfeshop or by phone amount to:
- € 4.95 for deliveries within the Federal Republic of Germany,
- € 20 for deliveries to other EU countries and
- € 35 for deliveries to non-EU countries.
3.2 No delivery or postage charges apply for deliveries within the Federal Republic of Germany for order values of €80 and above.
3.3 Wobbs points may only be redeemed at the on-site sales points and only for fan articles and tickets. Wobbs points may not be exchanged for gift vouchers. Articles purchased with Wobbs points may not be returned unless they are defective; this does not affect the terms of the warranty in number 6 of these Terms and Conditions.
4. Payment and delivery conditions
4.1 Depending on how the fan article is purchased, payment can be made in cash, by EC card, by SEPA direct debit, by credit card (VISA/MasterCard) or PayPal. For each order we reserve the right not to offer certain payment methods and to refer customers to alternative methods. The purchase price for orders in the Wölfeshop will be debited after the order confirmation has been sent, which means the debit takes place before the goods are sent; the same applies to orders by phone.
4.2 The contracting party may only offset charges with counterclaims that have been recognised in a court of law or that have been accepted by VfL Wolfsburg. The contracting party may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
5. Information pursuant to battery and packaging regulations and the Electrical and Electronic Equipment Act (“Elektrogesetz”)
Some of the products sold by VfL Wolfsburg use batteries. Disposal of batteries with household waste is not permitted. End consumers are legally obligated to return used batteries, for example to a public collection point or to a place where batteries are sold. Batteries are marked with the “waste container” logo and carry one of the following 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)
VfL Wolfsburg has ensured that the products sold are assigned to a recognised system for returning batteries, packaging and electronic equipment.
6. Warranty
The statutory warranty conditions apply.
7. Liability
7.1 In the event of a slightly negligent violation of contractual obligations, VfL Wolfsburg’s liability is limited to damages that are foreseeable and typical for this type of contract. This limitation of liability also applies to its legal representatives and agents.
7.2 The limitation of liability in number 7.1 does not apply to product liability, to cases of intent, gross negligence, bodily injury or harm to health, or in the event of the purchaser’s death.
8. Proprietary rights
When using the VfL Wolfsburg online shop, the contracting party is obligated to heed copyrights and rights to trademarks and names, particularly those of VfL Wolfsburg, as well as any trademark rights of third parties. In this respect, the contracting party undertakes to refrain from any improper use of this online shop.
9. Cancellation of the contract; exchange; right of withdrawal
9.1 When fan articles are bought on site, the contract may be cancelled within 14 days of purchase. To be valid, the goods must be returned to one of the on-site sales points within the deadline in unused condition, in the original packaging and with the sales receipt. The amount paid will be refunded in full within the deadline. If the goods are exchanged for another article, any difference in the price will be refunded.
9.2 If the contracting party is a consumer within the meaning of section 13 of the BGB and the contract came about solely using telecommunications means (purchase via the Wölfeshop or by phone), the contracting party has a right to withdraw from the contract. The following section informs the contracting party about the right of withdrawal.
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without reason.
The withdrawal deadline is 14 days from the day on which you, or a third party named by you other than a carrier, acquired the goods.
To exercise the right of withdrawal, you must inform us at
VfL Wolfsburg-Fußball GmbH
Merchandising
In den Allerwiesen 1a
38446 Wolfsburg
Germany
Email: service@vfl-wolfsburg.de
Telephone: +49 5361 89 03 903
Fax: +49 53 61 89 03 900
www.vfl-wolfsburg.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You can use the withdrawal form attached, but it is not obligatory. You can also fill in and send the withdrawal form or another unequivocal statement electronically via our website at https://shop.vfl-wolfsburg.de/widerrufsformular.php. If you make use of this option, we will confirm receipt of your withdrawal without delay (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we are obliged to refund you all payments that we have received from you, including delivery costs (with the exception of additional costs due to a type of delivery you may have chosen other than the cheapest standard delivery we offer). This will be done promptly and, at the latest, within 14 days from the day we receive notice regarding withdrawal from this contract. Delivery costs are not refunded if you withdraw from part of the contract. Refunds are made using the same payment method as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We are entitled to withhold the refund until we have received the returned goods or until you have provided evidence that you have sent the goods back (whichever is earlier).
You must return or hand over the goods to us without delay, but no later than 14 days from the day you informed us of the withdrawal from this contract.
Return address:
VfL Wolfsburg-Fußball GmbH
Gewerbegebiet West 3
39646 Oebisfelde
Germany
To satisfy the deadline, it is sufficient to send the goods before the deadline of 14 days expires.
We bear the costs for the return of the goods.
You must only cover any depreciation in value of the goods if this depreciation was a result of any unnecessary treatment of the goods to test their condition, characteristics or function.
No right of withdrawal
The right of withdrawal does not apply
- to contracts for the delivery of sealed goods that cannot be returned for health or hygiene reasons if the seal has been broken after delivery;
- to contracts for the delivery of goods that are not prefabricated and which require an individual choice or specification by the consumer for their manufacture or which are clearly tailored to the consumer’s personal needs (e.g. shirts with standard player lettering ordered by you or individual lettering);
- to the delivery of audio or video recordings or software in a sealed package, to the extent that the seal has been broken after delivery.
Information pursuant to section 312i of the German Civil Code (BGB), article 246c of the Introductory Act to the German Civil Code (EGBGB):
Both the terms and conditions and the instructions regarding withdrawal from the contract can be downloaded as pdf documents from the Wölfeshop at www.woelfeshop.de. After you have clicked on the order button, you will have the opportunity to view the information you have entered and to make corrections before sending your order. The contract language is German.
10. Note on online dispute resolution
The European Union provides an online platform which you as the contracting party/customer can use to resolve consumer disputes without recourse to the law courts. The platform is available at https://ec.europa.eu/odr/. VfL Wolfsburg-Fußball GmbH is neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
11. Place of performance and jurisdiction
11.1. For deliveries, services and payments under this contract, including its auxiliary conditions, the sole place of performance is Wolfsburg.
11.2. If the contracting party is a business within the meaning of the German Commercial Code (HGB), a public law institution or a public fund, if it has no general place of jurisdiction in Germany or if its place of residence or usual abode is unknown at the time of litigation, the sole place of jurisdiction for all disputes arising from and in connection with the contract is Wolfsburg.
11.3. The place of jurisdiction for all disputes arising from the contract is also agreed to be Wolfsburg for cross-border contracts.
12. Final provisions
12.1 All relations between the contracting party and VfL Wolfsburg are governed solely by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
12.2. VfL Wolfsburg is entitled to use third parties to perform its contractual obligations.
12.3 No verbal ancillary agreements have been concluded. Amendments to this contract must be in writing. This also includes changes of written form requirements. In the event that individual provisions of these Terms and Conditions are or become invalid or impracticable, this does not affect the validity of the other provisions. The invalid or impracticable provision shall be replaced by the valid and practicable provision, the effects of which form the closest possible approximation of the commercial purpose intended by the contractual parties with the invalid and/or impracticable provision.