General Terms and Conditions (AGB) of Stadiumdreams e.K.

Table of contents:

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for processing goods according to specific customer requirements
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Jurisdiction
13. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Stadiumdreams e.K. (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the seller regarding the goods displayed by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated in this respect.

1.3 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity.

1.4 Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership who acts when concluding a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail.

2.3 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive,
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive.
- by requesting payment from the customer after they have submitted their order.

If several of the aforementioned alternatives apply, the contract is concluded at the moment one of the aforementioned alternatives occurs first. The acceptance period for the offer begins the day after the customer submits the offer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use. If the customer pays using a payment method offered by PayPal selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order is submitted. The seller does not make the contract text accessible beyond this. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login data.

2.6 Before submitting the order bindingly via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The contract can be concluded in German or English.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 

Right of Return and Compensation for Loss in Value of the Goods' Condition

The customer bears the direct costs of returning the goods. The customer must compensate for any loss in value of the goods if this loss is due to handling that was not necessary to inspect the condition, properties, and functioning of the goods. Any alteration of the original condition may lead to refusal of the return.

Explanation and Legal Basis

The legal basis for this is $\S 357$ paragraph 7 of the German Civil Code (BGB). This paragraph states that the consumer must bear the loss in value of the goods if the loss is due to handling that was not necessary to inspect the condition, properties, and functioning of the goods.

• Example for caps: A customer orders a cap with a flat brim. When trying it on, the customer bends the brim to see how the cap looks when worn. Bending the brim is not a necessary inspection of the condition or function but a change that destroys the original state. In such a case, we reserve the right to refuse acceptance of the return and to send the goods back to the customer at their expense.

• Example for clothing: A customer tries on a garment. A strong smell of perfume, smoke, or similar clings to the fabric. To remove this odor, cleaning would be necessary. This is not a necessary inspection of the condition or function, but a change that destroys the original state. Such odors are considered a depreciation in value. In this case, we reserve the right to refuse the return.

Right to Refuse and Return Shipping

We expressly reserve the right to refuse the return of goods if they have been altered in a way that affects their original condition and makes them unsellable. In such cases, the goods will be returned to the customer at the customer's expense.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying with a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of use of PayPal, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

4.6 When selecting a payment method offered by Klarna, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: "Klarna"), under the terms of use of Klarna, which can be viewed at https://www.klarna.com/de/nutzungsbedingungen/. The payment options are communicated to the customer in the seller's online shop. Klarna checks and evaluates the customer's data and, if justified, exchanges data with other companies and credit agencies (credit check). The customer is provided with the relevant information for each case, taking data protection regulations into account. Further information on the processing of customer data can be found in Klarna's privacy policy, available at: https://www.klarna.com/de/datenschutz/.

5) Delivery and Shipping Conditions

The buyer expressly acknowledges that the shipping costs originally paid by the buyer will not be refunded in the event of a return of the goods. As a gesture of goodwill, the customer will receive a free return label for sending back the goods. 

5.1 Delivery of goods is made by shipping to the delivery address provided by the customer, unless otherwise agreed.

5.2 

Costs in case of non-deliverability and refusal of acceptance

If the shipped goods are returned to us by the transport company because delivery to the customer was not possible for reasons attributable to them or the customer unjustifiably refused to accept the shipment without prior effective exercise of their right of withdrawal (so-called refusal of acceptance according to §§ 293 ff. BGB), the customer bears the costs for the unsuccessful outbound and return shipment.

Typical reasons that lead to the impossibility of delivery and are the customer's responsibility include, but are not limited to:

• Incorrect or incomplete address details provided by the customer (e.g., wrong house number, missing name on the doorbell).

• The unauthorized refusal to accept the shipment by the customer.

• The failure to pick up the shipment at a post office or parcel shop within the specified storage period by the customer.

For the additional effort caused by failed delivery and return, delivery costs of €5.90 and return costs of €6.90 will be charged. This applies even if the original shipping was free of charge for the customer. The total amount of €12.80 can be offset against any refund of the purchase price.

This does not apply if the customer has effectively exercised their right of withdrawal. Likewise, the obligation to bear costs does not apply if the customer is not responsible for the circumstance that made delivery impossible (e.g., fault of the transport company) or if they were temporarily unable to accept the offered service, unless the seller had announced the service to them within a reasonable time beforehand.

Division of returns

We cover the costs for your first return within Germany. However, if you return the items in multiple shipments, you will bear the costs for each additional return yourself.

5.3 For entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. The place of delivery is the seller's premises, unless otherwise agreed.

5.4 The seller retains ownership of the delivered goods until full payment of the purchase price has been made.

5.5 For self-collection, the seller first informs the customer by email that the ordered goods are ready for pickup. After receiving this email, the customer can collect the goods at the seller's premises by arrangement. In this case, no shipping costs will be charged.6) Retention of title

6.1 For consumers, the seller reserves ownership of the delivered goods until the full purchase price owed has been paid.

6.2 For business customers, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship are fully settled.

6.3 If the customer acts as a business, they are entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties are assigned by the customer to the seller in advance up to the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's right to collect the claims themselves remains unaffected. However, the seller will not collect the claims as long as the customer meets their payment obligations to the seller, is not in default, and no insolvency proceedings have been filed.

7) Warranty for defects (Liability for defects)

7.1 If the purchased item is defective, the provisions of the statutory warranty apply.

7.2 The customer is requested to report any obvious transport damage to the carrier and inform the seller. Failure to do so will not affect the customer's statutory or contractual warranty claims.

8) Special conditions for processing goods according to specific customer instructions

8.1 If the order placed by the customer is a request for processing goods according to specific customer instructions, the customer must ensure that the texts, images, graphics, logos, etc. provided are free of third-party rights. The customer indemnifies the seller against any claims by third parties related to a violation of their rights through the contract-compliant use of the content provided by the customer.

8.2 The customer agrees that the seller will store the data transmitted to fulfill the order. The seller commits to treating the data confidentially and not to share it with third parties without the customer's explicit consent. The data will only be used to the extent necessary for contract fulfillment.

Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller’s online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient for the order, one of the other payment methods offered by the seller can be chosen to cover the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller can fulfill its obligation by paying the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller is aware or grossly negligently unaware of the holder’s lack of authorization, legal incapacity, or lack of representation authority.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the seller’s online shop (hereinafter "gift vouchers") can only be redeemed in the seller’s online shop, unless otherwise specified on the voucher.

10.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to buy additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient for the order, one of the other payment methods offered by the seller can be chosen to cover the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The seller can fulfill its obligation with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

11) Applicable Law

11.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of contract conclusion, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

12) Place of Jurisdiction

12.1 If the customer acts as a merchant, public law entity, or special public fund with headquarters within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer’s headquarters are outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to bring an action before the court at the customer’s place of business.

12.2 For lawsuits against customers who are merchants, public law entities, or special public funds with headquarters abroad, or whose residence or habitual abode is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the seller’s place of business.

13) Alternative Dispute Resolution

13.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status: [01.03.2024]