Terms and Conditions

General Terms and Conditions (GTC) 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. Governing law
12. Place of 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 entered into by a consumer or entrepreneur (hereinafter "customer") with the seller regarding goods presented 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 specified.

1.3 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.

1.4 For the purposes of these Terms and Conditions, an entrepreneur is a natural person, legal entity, or legally capable partnership that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.

2) Conclusion of contract

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

2.2 The customer may submit an offer using 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 contractual offer for the goods in the shopping cart by clicking the button that completes the ordering process. The customer may also submit the offer to the seller by email.

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

- by sending the customer a written order confirmation or an order confirmation in text form (by fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded when one of them occurs first. The period for accepting the offer begins on the day after the customer submits the offer and ends at the end of the fifth day following submission. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled 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”), subject to PayPal’s terms of use. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the time the customer completes the ordering process.

2.5 When an offer is submitted via the seller’s online order form, the seller stores the contract text after the contract has been concluded and sends it to the customer in text form (e.g., by email, fax, or letter) after the customer has submitted their order. The seller does not make the contract text available in any other way. If the customer has set up a user account in the seller’s online shop before submitting their order, the order data is archived on the seller’s website and can be retrieved by the customer free of charge through their password-protected user account using the relevant login details.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the screen display. 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 German and English are available for concluding the contract.

2.8 Order processing and communication generally take place by 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 that address. In particular, if using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

3.3

Return Rights and Compensation for Loss in Value Based on the Condition of the Goods

The customer bears the direct costs of returning the goods. The customer must compensate for any loss in value of the goods if that loss in value is due to handling them in a way that was not necessary to inspect their condition, properties and functionality. Altering the original condition may result in the return being refused.

Explanation and Legal Basis

The legal basis for this is $§357$ paragraph 7 of the German Civil Code (BGB). This paragraph states that consumers must compensate for any loss in value of the goods if that loss in value is due to handling the goods in a way that was not necessary to inspect their condition, properties and functionality.

Example for caps: A customer orders a cap with a flat brim. When trying it on, the customer bends the brim to see what the cap looks like when worn. Bending the brim is not a necessary inspection of the condition or functionality, but an alteration that destroys the original condition. In such a case, we reserve the right to refuse to accept the return and send the goods back to the customer at the customer's expense.
Example for clothing: A customer tries on a garment. In doing so, a strong smell of perfume, smoke or similar clings to the fabric. Removing this smell would require cleaning. This is not a necessary inspection of the condition or functionality, but an alteration that destroys the original condition. Such odors are considered a reduction in value. In this case, we reserve the right to refuse the return.

Right to Refuse and Return Goods

In the event of such an alteration to the goods that affects their original condition and makes them unsellable, we expressly reserve the right to refuse the return. In this case, the goods will be sent back to the customer solely at the customer's expense.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the relevant product description.

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

4.3 The available payment method(s) will be communicated to the customer in the seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made using a payment method offered by PayPal, payment will be processed 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”), subject to PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer open a PayPal account or already have one.

4.6 If the customer selects a payment method offered by Klarna, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: “Klarna”), subject to Klarna’s terms of use, available at https://www.klarna.com/de/nutzungsbedingungen/. The payment options will be communicated to the customer in the seller’s online shop. Klarna checks and assesses the customer’s information and, where there is a legitimate reason, exchanges data with other companies and credit reference agencies (credit check). The customer will be provided with the information relevant in each individual case, taking data protection regulations into account. For further information on the processing of customer data, please refer to Klarna’s privacy notice, available at: https://www.klarna.com/de/datenschutz/.

5) Delivery and Shipping Terms

The buyer expressly acknowledges that the shipping costs originally paid by the buyer will not be refunded when goods are returned. As a goodwill gesture, customers receive a free return label for returning goods on orders within Germany.

Rules on cost coverage and customs clearance for international returns

By concluding the purchase contract and thereby confirming our General Terms and Conditions, as well as our shipping and returns policies, you expressly agree to and fully accept the following terms:

Outward and return shipping costs Buyers with a delivery address outside Germany always bear, without exception, all costs incurred for shipping the items to them and for their return.

Returns from a non-EU country For returns from countries outside the European Union, the buyer is solely responsible for properly arranging and fully paying for return shipping. The shipment must arrive to us free of any customs duties, import taxes, or other charges.

Refusal to accept shipments with outstanding charges We expressly emphasize that we do not accept packages for which outstanding charges, customs duties, or taxes are requested from us upon delivery. The buyer is solely responsible for arranging and paying all fees in full in advance.

5.1 Goods are delivered by shipping to the delivery address provided by the customer, unless otherwise agreed.

5.2

Costs in the event of failed delivery and default of acceptance

If the goods shipped are returned to us by the carrier because delivery to the customer was impossible for reasons attributable to the customer, or the customer unjustifiably refuses to accept the shipment without having validly exercised their right of withdrawal beforehand (so-called default of acceptance under Sections 293 et seq. of the German Civil Code (BGB)), the customer shall bear the costs of the unsuccessful outward and return shipment.

Typical reasons attributable to the customer that result in delivery being impossible include, but are not limited to:

Incorrect or incomplete address details provided by the customer (e.g. an incorrect house number or a missing name on the doorbell).
The customer’s unjustified refusal to accept the shipment.
The customer’s failure to collect the shipment from a post office or parcel shop within the specified storage period.

The additional costs incurred by the failed delivery and return shipment include delivery costs of €5.90 and return shipping costs of €6.90. This applies even if the original shipment would have been free of charge for the customer. The total amount of €12.80 may be deducted from any refund of the purchase price.

This does not apply if the customer has validly exercised their right of withdrawal. The obligation to bear the costs also does not apply if the customer is not responsible for the circumstances that made delivery impossible (e.g. fault on the part of the carrier), or if they were temporarily unable to accept the offered service, unless the seller had notified them of the service a reasonable time in advance.

Splitting returns

We will cover the cost of your first return within Germany. However, if you return the items in multiple shipments, you will have to cover the cost of each additional return yourself.

5.3 For business customers, the risk of accidental loss or accidental deterioration of the item sold passes to the customer as soon as the seller has handed the item over to the carrier, freight forwarder, or 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 the purchase price has been paid in full.

5.5 For collection in person, the seller will first notify the customer by email that the goods they ordered are ready for collection. After receiving this email, the customer may collect the goods from the seller's premises by arrangement with the seller. In this case, no shipping costs will be charged.6) Retention of title

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

6.2 For business customers, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been paid in full.

6.3 If the Customer acts as a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to the Seller in advance all claims against third parties arising from such resale, up to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title are resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. This does not affect the Seller’s right to collect the claims itself. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment, and no application has been filed to open insolvency proceedings.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory provisions on liability for defects shall apply.

7.2 The Customer is requested to report goods delivered with obvious transport damage to the carrier and notify the Seller. Failure to do so has no effect whatsoever on the Customer’s statutory or contractual claims for defects.

8) Special conditions for processing goods according to the Customer’s specific requirements

8.1 If the order placed by the Customer involves processing goods according to the Customer’s specific requirements, the Customer must ensure that the texts, images, graphics, logos, etc. they transmit are free of third-party rights. The Customer shall indemnify the Seller against any claims asserted by third parties in connection with an infringement of their rights through the contractual use of the content transmitted by the Customer.

8.2 The Customer agrees that the Seller may store the data transmitted as necessary to fulfill the order. The Seller undertakes to treat the data confidentially and not to disclose it to third parties without the Customer’s express consent. The data will only be used to the extent necessary to fulfill the contract.

9) Redeeming promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns for a specified period of validity, which cannot be purchased by the Customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online shop and only during the specified period.

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

9.3 Promotional vouchers can only be redeemed before completing the ordering process. They cannot be applied retroactively.

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 insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

9.7 The balance of a promotional voucher will not be paid out in cash or earn interest.

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

9.9 The promotional voucher is transferable. The seller may fulfill its obligations to the respective holder who redeems the promotional voucher in the seller’s online shop, with discharging effect. This does not apply if the seller knows, or is grossly negligent in failing to know, that the respective holder is not entitled to use it, lacks legal capacity, or is not authorized to act as a representative.

10) Redeeming 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 any remaining balances can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. They cannot be applied retroactively.

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 purchase additional gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

10.7 The balance of a gift voucher will not be paid out in cash or earn interest.

10.8 The gift voucher is transferable. The seller may discharge its obligations by providing performance to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge of, or is grossly negligent in being unaware of, the holder's lack of entitlement, legal capacity, or authority to act as a representative.

11) Applicable law

11.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12) Place of jurisdiction

12.1 If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law based within 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 customer is based 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 under the contract can be attributed to the customer's professional or commercial activities. However, in the above cases, the seller shall in all cases be entitled to bring proceedings before the court at the customer's place of business.

12.2 For lawsuits against customers who are merchants, legal entities under public law, or special funds under public law based abroad, or whose place of residence or habitual residence is unknown at the time the lawsuit is filed, the seller's place of business is agreed as the place of jurisdiction.

13) Alternative dispute resolution

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

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

As of: [01.03.2024]