General terms and conditions of business
1. scope and definition of terms
The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

2. contracting party, conclusion of contract
(1) The following regulations on the conclusion of contracts apply to all orders placed on our internet shop https://www.fussballcomics.com.

(2) In the event of the conclusion of the contract, the contract is concluded with

Fußballcomics
Dipl.-Wi.-Ing. (FH) Can-Polat Gürses
Memminger Str. 36
87734 Benningen

e-mail: info@fussballcomics.com
is achieved.

(3) The presentation of the goods in our internet shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.

(4) Upon receipt of an order in our internet shop, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the ordering procedure provided in our Internet shop.

The order is placed in the following steps:

Selection of the desired goods in the desired quantity
Adding the offer to the shopping cart
Check the information in the shopping cart
Press the button “to checkout”.
Re-examination or correction of the respective data entered
Binding dispatch of the order by clicking the button “Buy now
If you use an instant payment system (e.g. PayPal or Klarna) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system
Before the binding sending of the order, the consumer can return to the website where the customer’s details are recorded and input errors are corrected or the order process is cancelled by closing the Internet browser by pressing the “Back” button in the Internet browser used by him after checking his details. We will immediately confirm receipt of the order by an automatically generated e-mail (“order confirmation”). With this we accept your offer. The contract is concluded with the sending of the order confirmation.

(5) Storage of the text of the contract for orders via our Internet shop: We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can also view the AGB at any time at https://www.fussballcomics.com/agb.

3. individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violate existing laws. You shall expressly indemnify us against all third-party claims asserted in this connection. This also applies to the costs of legal representation required in this connection.

(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.

4. prices, shipping costs
(1) The prices stated are final prices and do not include statutory value added tax in accordance with § 19 UstG. The total price is calculated from the following components: Number of purchased items multiplied by the retail price of the items.

(2) Germany-wide shipping is included in the stated final price. There are no shipping costs.

(3) Shipping only to Germany.

5. payment, maturity
(1) The consumer has the option of payment in advance, PayPal, Klarna and credit card (Visa, Mastercard). Other payment methods are not offered and will be rejected.

Prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

(2) Offsetting against the customer’s claims is excluded, unless these are undisputed or legally binding.

6. terms of delivery
(1) The delivery time of the individually personalized goods:

Germany: 7-8 working days
Austria, Switzerland: 10-11 working days

(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the buyer until the item is handed over to the buyer, even in the case of mail order purchases.

7. reservation of title
The delivered goods remain our property until full payment has been received.

8. reservations
The provider reserves the right to provide a service equivalent in quality and price. The service shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service in case of unavailability.

9th warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects in accordance with the relevant provisions of the German Civil Code (BGB) shall apply.

The limitation period for claims for defects is one year from delivery of the goods in the case of used goods.

The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

– in case of injury to life, body or health,
– in the event of intentional or grossly negligent breach of duty or fraudulent intent,
– in case of violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
– within the framework of a guarantee promise, if agreed or
– as far as the scope of application of the product liability law is opened.

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

– in case of injury to life, body or health,
– in case of intentional or grossly negligent breach of duty,
– in the case of guarantee promises, if agreed, or
– as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.

11. contractual language, place of jurisdiction and applicable law
(1) The contract language is exclusively German.

(2) The law of the Federal Republic of Germany shall apply exclusively. For consumers, this only applies insofar as it does not restrict any legal provisions of the state in which the customer has his residence or usual place of abode.

(3) The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

12. settlement of disputes
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. notes on the non-existence of the right of withdrawal

An exception to the statutory right of revocation exists in the following cases:

According to § 312 g para. 2 p.1 No. 1 BGB (German Civil Code) for contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

According to § 312 g para. 2 p.1 No. 2 BGB (German Civil Code) for contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.

In these cases, the consumer also has no legal right of revocation according to § 13 BGB.

14. severability clause
The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.

Translated with www.DeepL.com/Translator (for more details please see the german version)