Terms and Conditions

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 the processing of 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 of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Stadiumdreams e.K. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller regarding the 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 GTC apply accordingly to contracts for the delivery of vouchers, unless something different is regulated in this respect.

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

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

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. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual 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 email), 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 the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period for the offer begins the day after the offer is sent by the customer and ends at the end of the fifth day following the sending 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 terms of PayPal's 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 time 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 conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer's order has been sent. No further provision of the contract text by the seller takes place. If the customer has set up a user account in the seller's online shop before sending 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 the binding submission of the order 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 detect 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 German and English languages are available for the conclusion of the contract.

2.8 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with 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.

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 transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer 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 method(s) will be communicated to the customer in the seller's online shop.

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

4.5 When paying by 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, 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 applicability of the Klarna terms of use, available 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

5.1 The 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 has 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 of the customer (e.g., wrong house number, missing name on the doorbell).

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

• The non-collection of the shipment at a post office or parcel shop within the specified storage period by the customer.

For the additional effort caused by the failed delivery and return, delivery costs of €5.90 as well as return costs of €6.90 will be charged. This also applies if the original shipping would have been 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 ceases if the customer is not responsible for the circumstance that led to the impossibility of delivery (e.g., fault of the transport company) or if they were temporarily prevented from accepting the offered service, unless the seller had announced the service to them within a reasonable time beforehand.

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 delivered the item 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 reserves ownership of the delivered goods until full payment of the purchase price.

5.5 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by them are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's premises by arrangement with the seller. In this case, no shipping costs will be charged.

6) Retention of title

6.1 In dealings with consumers, the seller reserves ownership of the delivered goods until full payment of the purchase price owed.

6.2 In dealings with entrepreneurs, the seller reserves ownership of the delivered goods until full payment of all claims from an ongoing business relationship.

6.3 If the customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. All claims arising from this against third parties are assigned by the customer to the seller in the amount of the respective invoice value (including VAT) in advance. This assignment applies regardless of whether the reserved goods have been 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 of payment, and no application for the opening of insolvency proceedings has been filed.

7) Warranty (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 delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer does not comply, this has no effect on their statutory or contractual warranty claims.

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

8.1 If the order placed by the customer is an order for the processing of goods according to specific customer instructions, the customer must ensure that the texts, images, graphics, logos, etc. transmitted by them are free of third-party rights. The customer indemnifies the seller against any claims by third parties that they assert 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 stores the transmitted data necessary to fulfill the order. The seller undertakes to treat the data confidentially and not to pass it on to third parties without the express consent of the customer. The data will only be used to the extent necessary for contract fulfillment.

9) 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 a corresponding restriction results from 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 settle the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor bears 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 the obligation with discharging effect to the respective holder who redeems the promotional 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 representation authority of the respective holder.

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 of gift vouchers can be redeemed until the end of the third year after the year of voucher 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 for the purchase of goods and not for the purchase of 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 settle the difference.

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

10.8 The gift voucher is transferable. The seller can perform 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 only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his 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 concluding the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

12) Place of Jurisdiction

12.1 If the customer acts as a merchant, legal entity under public law, or special fund under public law with its registered office 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 has its registered office 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 arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned 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, legal entities under public law, or special funds under public law with their registered office 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 to which a consumer is a party.

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

Status: [01.03.2024]