Allgemeine Geschäftsbedingungen
2. Uneingeschränktes Rücktrittsrecht
3. Preise, Versandkosten, Zahlungs- und Lieferbedingungen
6. Erfüllungsort, Gerichtsstand
GENERAL BUSINESS TERMS of Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG FOR THE SALE AND THE DELIVERY OF FAN MERCHANDISE IN THE ONLINE SHOP
1. Validity, offer, conclusion of contract
1.1. The following terms and conditions shall apply exclusively for offers and deliveries of "Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG, An der Arena 1, 68163 Mannheim" concerning goods from the fan catalogue, from the website ("Online Shop") or from the fan shop:
1.2 The offers in the fan catalogue, in the online shop or in the fan shop represent a request for an offer. A contract between SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG and the customer shall be concluded by the order of the customer, on the one hand, and the delivery of the ordered goods or order confirmation by SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG, on the other. If SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG does not respond within two weeks or if the customer does not at least receive a partial delivery within two weeks the order shall be deemed rejected. The minimum order value is EUR 20.00.
1.3 Details in the fan catalogue, on the website of the online shop or in the fan shop regarding measurements, weights, load-bearing capacity and other product properties of the goods shall not represent a guarantee or warranted properties. They will only become condition features of the goods that are to be delivered and a part of the contract if they are listed in the order confirmation by SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG.
2. Unlimited right of rescission
2.1. If the customer is a consumer according to the statutory provisions, he will be entitled to a right of revocation.
2.2. If the customer as consumer asserts his right of revocation according to Subclause 1, then he has to bear the regular costs of the return shipment.
2.3. Incidentally the following provisions shall apply to the right of revocation:
Right of revocation
You have the right to revoke this contract within fourteen days without stating any reasons.
The revocation deadline is fourteen days from the day on which you or a third party named by you, which is not the carrier, have or has taken the goods into possession.
In order to exercise your right of revocation you must inform us [Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG, Helmertstraße 4-6, 68219 Mannheim, phone +49 (0)621 18190-520, fax +49 (0)621 18190-18520, e-mail: merchandising@saparena.de] by means of a clear declaration (e.g. a letter sent by normal post, fax or e-mail) about your decision to revoke this contract. You can use the sample revocation form enclosed (at the end of the instructions for revocation), which is however not prescribed.
In order to adhere to the revocation deadline, it is sufficient to send the notification about the exercising of the right of revocation before expiry of the revocation deadline.
Consequences of the revocation
If you revoke this contract, we have to refund all payments which we have received from you, including the delivery costs (with the exception of the additional costs, which arose from the fact that you have chosen another type of delivery than the most reasonable standard delivery offered by us), without delay and no later than fourteen days from the day on which the notification about your revocation of this contract was received by us. For this refund, we will use the same means of payment that you used with the original transaction, unless explicitly otherwise agreed with you; in no way will charges be made to you owing to this refund. We can refuse to grant the refund until the goods have been returned to us or until you have provided proof that you have returned the goods, depending on what happens earlier.
You have to return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you inform us about the revocation of this contract. The deadline is adhered to if you send the goods before expiry of the deadline of fourteen days. You will bear the direct costs for the return of the goods.
You must only bear responsibility for a possible loss of value of the goods if this loss of value is the result of handling the goods that is not necessary according to the condition, properties and functionalities of the goods
- End of the instructions for revocation –
Sample revocation form
(If you intend to revoke the contract then please complete this form and return it to us.)
An
Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG
Helmertstraße 4-6
68219 Mannheim
Fax: +49 (0) 06 21 – 18 19 0 – 1 85 20
E-Mail: merchandising@saparena.de
- I/we (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only with notification on paper)
- Date
____________________________
(*) Please delete what is not applicable
2.4 The right of revocation will not apply with distance selling contracts
(a) For the delivery of goods, which were produced according to customer specifications or which have clearly been customized to meet a customer’s personal needs or which, owing to their condition, are not suitable for return shipment or may spoil quickly or their expiry date would be exceeded,
(b) For the delivery of audio or video recordings or of software if you have removed the seal of the delivered data carriers.
3. Shipping costs, terms of payment, delivery
3.1. If the customer is not a consumer, the delivery will be carried out ex warehouse at the risk and invoice of the customer, whereby the risk shall pass to the customer upon hand-over to the transport company.
Incidentally the risk shall pass with the acceptance of the goods.
3.2 The shipping costs within Germany amount to EUR 5.00. From an order value from EUR 200.00, shipping costs will be waived. This shall only apply to domestic orders. Shipments overseas will only be charged following consultation and according to incurred costs.
3.3 The payment of the ordered goods shall be carried out by instant transfer or by credit card. Information about the payment by instant transfer is available under www.sofortueberweisung.de. The goods shall remain the property of SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG until they have been fully paid (reservation of title).
3.4 SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG is entitled to partial deliveries if this is deemed reasonable for the customer.
4. Defects
4.1. If the customer is no consumer the following will apply:
The customer must, if it is not a consumer, report recognisable defects and such defects, which can be determined by reasonable inspections, as well as false and shortfall in deliveries within two weeks after the delivery of the goods in writing to the address "Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG, Helmertstraße 4-6, 68219 Mannheim". All other defects must be reported in writing within the warranty period of two years from delivery of the goods in writing. In case of a late or improper complaint claims from liability for defects shall be excluded.
4.2 In case of defects SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG will at its discretion remedy the defect or subsequently fulfil the obligation by the delivery of new goods, unless the subsequent fulfilment is associated with disproportionate costs for SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG.
4.3 If the defect is not remedied despite two subsequent improvements, if SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG is not willing or not in the position to carry out subsequent improvement and subsequent delivery, if this is not carried out within a reasonable deadline or if the subsequent fulfilment fails for other reasons, the customer is entitled, at his discretion, to rescind the contract or to request a corresponding reduction of the purchase price (reduction).
4.4 The warranty rights of the merchant/entrepreneur presume that he has satisfied his obligations for inspection and to report a complaint within the meaning of Sections 377, 378 HGB [German Commercial Code].
5. Liability
5.1 SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG shall otherwise only be liable as per contract, have pre-contractual and non-contractual liability for damages or for the reimbursement of fruitless expenses which were caused by SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG, its legal representatives, employees or vicarious agents, in case of wilful intent or gross fault or in case of the culpable breach of essential contractual obligations (cardinal obligations) or in case of the culpable cause of damages to life, the body or health. Except in cases of wilful intent or gross negligence, SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG at most will be liable for the foreseeable, typical damages for a contract, with default for a maximum of 5% of the order value.
5.2 Claims for damages against SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG shall become statute-barred after the expiry of twelve months after they were established, unless they result from an illicit or wilful act.
5.3 The limitation to liability shall also cover the personal liability of the employees, legal representatives and vicarious agents of SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG.
5.4 If SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG has not fulfilled the contract in full or in part, it shall be liable for direct damages pursuant to Subclause 5.1above; for indirect damages and for consequential damages SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG will only be liable if they are at fault for wilful intent or gross negligence, unless the liability is based on a guarantee, through which SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG has also assumed the risk of such damages. The liability of SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG for wilful intent and malicious acts shall remain unaffected.
5.5 Claims according to the German Product Liability Act, owing to wilful misrepresentation or owing to a guarantee assumed by SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG for the condition of the purchased object, shall also remain unaffected as well as the right to request damages instead of fulfilment.
6. Place of performance, place of jurisdiction
If the customer is a merchant, legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction is Mannheim. SAP ARENA Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG is entitled to file action against the customer at any other location, at which a statutory place of jurisdiction exists.
7. Applicable law, collateral agreements, written form
7.1 German law shall apply under the exclusion of the UN Convention on Contracts for the International Sale of Goods.
7.2 There are no oral collateral agreements.
7.3 If a declaration requires a written form according to the General Business Terms and Conditions, it shall not be satisfied by the sending of a fax or an e-mail.
Mannheim May 2016