Standard Terms and Conditions for the BVB Online Shop 

1. Scope of application 

1.1 The business relationship between BVB Merchandising GmbH, Rheinlanddamm 207–209, 44137 Dortmund, Germany (hereinafter: "Provider"), and the customer (hereinafter: "Customer") in the context of using the BVB online shop and purchasing merchandise and coupons shall be governed exclusively by the following standard terms and conditions (hereinafter: "Terms and Conditions"). Conflicting terms and conditions of the Customer shall not be accepted unless the Provider expressly agrees to their application in writing. 

1.2 The Customer is deemed to be a consumer insofar as the goods and services are ordered for purposes that are predominantly outside the Customer's trade, business or profession. By contrast, a trader is any natural or legal person or a partnership with legal personality who or which, when concluding the contract, acts in exercise of their trade, business or profession. 

1.3 The Provider can be contacted at: 

BVB Merchandising GmbH 

Rheinlanddamm 207–209 

44137 Dortmund, Germany 

Tel.: +49 231 9020-0 

E-mail: [email protected] 

Authorised representatives (managing directors): Kerstin Zerbe, Carsten Cramer  Business address, see above 

2. Formation of contract 

2.1 Only persons of legal age may submit orders. In case of doubt (particularly for orders of wines and spirits), the Provider reserves the right to require proof of age. 

2.1 Displaying and advertising merchandise and coupons in the BVB online shop does not constitute a binding offer by the Provider to conclude a contract for the purchase of such merchandise. 

2.3. The Customer may select items from the Provider's assortment of merchandise and collect them in a shopping cart using the "add to cart" button. Before clicking the "buy now" button, all the Customer's selected items, including the total price of the merchandise will be displayed in an order summary. The Customer can update the data shown in the order summary at any time before submitting the order and, specifically (but not exclusively), correct any incorrect entries. By clicking the "buy now" button, the Customer accepts the Terms and Conditions and submits a binding offer to purchase the items in the shopping cart.  

2.4 The Provider then sends the Customer an automated order confirmation by e-mail, which contains a summary of the Customer's order and which the Customer can print out by pressing the "print" button. The automated order confirmation documents the Provider's receipt of the Customer's order; it does not constitute acceptance thereof. 

2.5 The Provider has 10 working days to accept the Customer's binding offer. A contract is formed when the Customer receives a declaration of acceptance from the Provider within this period or the merchandise is delivered following acceptance of the offer submitted by the Customer. 

2.6 The contract is executed in German. 

2.7 The Customer will receive the text of the contract (contract confirmation) at the latest upon delivery of the merchandise.  

2.8 The Provider reserves the right to make design, colour and technical changes to the merchandise and/or to correct printing errors. If the merchandise is permanently unavailable, the Provider will not issue any declaration of acceptance, in which case no contract will be formed.  

3. Coupons 

3.1 The Customer can purchase coupons in the BVB online shop. To redeem the coupons, a further contract is concluded for the actual merchandise.  

3.2 The counterparty for the merchandise purchased with the coupon is not necessarily the Provider; this may well be a third party.  

3.3 Conditions for purchased coupons: 

3.3.1 Purchased coupons may be referred to differently in the BVB online shop and/or in (digital) advertising campaigns in individual cases. In particular, purchased coupons may be referred to as coupons, gift coupons or BVB coupons. 

3.3.2 Purchased coupons can be redeemed until the end of the third calendar year after expiry of the calendar year in which the coupon was purchased. 

3.3.3 Purchased coupons may only be redeemed in the BVB online shop at https://shop.bvb.de/ and/or at official brick-and-mortar BVB fan shops for merchandise eligible for purchase with coupons. They may not be redeemed on other websites of Borussia Dortmund GmbH & Co. KGaA or affiliates within the meaning of § 15 of the German Stock Corporation Act (Aktiengesetz, "AktG"). 

3.3.4 If the value of the coupon purchased is not sufficient to cover the Customer's order, the difference can be paid using another payment method approved by the Provider. Only one purchased coupon may be used per order. 

3.3.5. Purchased coupons may not be applied retroactively. The balance on a purchased coupon shall not bear interest, be paid out in cash, topped up, transferred for value or offset against outstanding claims. However, the Customer may request the Provider for information on the residual value and the term of the coupon.   

A coupon may not be purchased by redeeming another purchased coupon to do so; only the other payment methods specified in the order summary may be used. 

3.3.6 The Provider shall not be liable for any typographical errors contained in the e-mail address of the recipient of the purchased coupon. Nor does the Provider assume any liability for the loss, theft, misuse or delayed transmission and delivery (e.g., due to technical difficulties) of purchased coupons. 

3.3.7 In the event of fraud, attempted misrepresentation or other suspected illegal activities in connection with purchasing or redeeming purchased coupons, the Provider is entitled to close the relevant customer account(s) and/or require the Customer to use an alternative payment method. There is no entitlement to activation or payment of affected purchased coupons. 

3.4 Conditions for promotional coupons: 

3.4.1 Promotional coupons may be referred to differently in the BVB online shop at https://shop.bvb.de/ and/or in (digital) advertising campaigns in individual cases. In particular, promotional coupons may be referred to as discount coupons, courtesy coupons or coupons. 

3.4.2 Promotional coupons are coupons which are not purchased but instead are provided to the Customer as part of a promotional campaign. 

3.4.3 Promotional coupons are valid until the date indicated and may only be redeemed once for a given order. Some merchandise may not be eligible for discount campaigns. 

3.4.4 Promotional coupons may only be redeemed in the BVB online shop at https://shop.bvb.de/ for merchandise eligible for purchase with coupons. They may not be redeemed on other websites of Borussia Dortmund GmbH & Co. KGaA or affiliates within the meaning of § 15 AktG and/or at official brick-and-mortar BVB fan shops . 

3.4.5 To redeem a promotional coupon, the value of the items in the shopping cart must be at least equal to the value of the coupon before taxes and shipping costs payable on the order. The Provider will not refund any remaining balance. The balance on a promotional coupon will not bear interest nor be paid out in cash. Multiple promotional coupons may not be combined. 

3.4.6 If the value of a promotional coupon is not sufficient to cover an order, the difference can be paid using another payment method approved by the Provider. 

3.4.7 If a promotional coupon is used to pay for all or part of an order and the Customer later returns some or all of the merchandise in the context of a withdrawal or return, the promotional coupon will not be refunded. 

3.4.8 Promotional coupons may not be applied retroactively. Promotional coupons may not be paid out in cash, topped up, transferred for value, offset against outstanding claims or transferred to another customer account.  

3.4.9 In the event of fraud, attempted misrepresentation or other suspected illegal activities in connection with a promotional coupon, the Provider is entitled to close the relevant customer account(s) and/or require the Customer to use an alternative payment method. There is no entitlement to activation or payment of affected promotional coupons. 

4. Right of withdrawal for consumers 

If the Customer has purchased merchandise or coupons in the BVB online shop which  

(i) are delivered in a single delivery; or  

(ii) are delivered in partial deliveries, 

the Instruction on withdrawal reproduced at the end of these Terms and Conditions shall apply. 

5. Discretionary right of return up to 30 days after receipt of merchandise 

5.1 Notwithstanding any right of withdrawal to which the Customer may be legally entitled, the Provider grants the Customer a discretionary right to return the merchandise up to 30 days after receipt. This right of return means that the Customer may rescind the contract even after expiry of the 14-day withdrawal period by returning the merchandise to the Provider within 30 days of receipt (counted from the day after the merchandise is received). To meet the 30-day deadline for return, it is sufficient if the merchandise is dispatched before the deadline expires. The Provider shall bear the return costs if the Customer uses the return shipping label. The return shipping label is available on the website at https://return-order.bvb.de/ruecksendung once the Customer has completed the electronic process there. If the return shipping label is not used, the Customer shall bear the costs for the return shipment and the risk of loss in transport. Merchandise should be returned to: BVB Merchandising GmbH, c/o Rhenus AG & Co. KG, Juchostraße 42, 44143 Dortmund, Germany. 

5.2 The discretionary right of return applies to all merchandise purchased by the Customer at the Provider. However, it shall only apply if the merchandise is returned in full, in undamaged condition and in the original sales packaging together with any instructions and with the seal (if any) intact. 

5.3 No discretionary right of return shall exist for the following contracts in the context of distance selling: 

• contracts for the delivery of merchandise that is not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that is clearly tailored to personal needs of the Customer; 

• contracts for the delivery of sealed merchandise that is not suitable for return for hygienic reasons, if such merchandise was unsealed after delivery (e.g., undergarments); 

• contracts for the delivery of electronic merchandise in sealed packaging, if such merchandise was unsealed after delivery; 

• contracts for the purchase of coupons.  

5.4 If the Customer sends the merchandise back in accordance with this discretionary right of return, the Provider shall refund the purchase price paid and the shipping costs of the original purchase. Unless expressly agreed otherwise between the Provider and the Customer, the Provider shall pay the refund using the same payment method used for the original transaction. 

5.5 Until the deadline for the statutory right of withdrawal expires, the statutory provisions and the provisions in clause 4 of these Terms and Conditions shall apply exclusively. The discretionary right of return granted by the Provider shall have no bearing on the statutory rights and claims. In particular, the statutory warranty claims and the right of withdrawal shall remain unaffected. 

6. Delivery, availability of merchandise 

6.1 The merchandise shall generally be shipped by post. The Provider shall send coupons by e-mail to the e-mail address provided by the Customer. The Provider shall notify the Customer of delivery periods and delivery dates upon conclusion of the contract. 

6.2 The Provider shall be entitled to make partial deliveries where this is reasonable for the Customer. If a delivery is delayed more than four weeks, the Customer shall have the right to rescind the contract. The Provider shall refund the Customer any payments already made without undue delay. 

6.3 No right of rescission under clause 6.2 shall exist if the Customer submits a binding offer for merchandise that is not yet available or still to be produced. In such cases, the Provider shall give the Customer an expected delivery date. 

7. Retention of title 

The merchandise shall remain the property of the Provider until such time as the delivered merchandise has been paid in full. 

8. Prices, payment terms, shipping costs and other costs 

8.1 All prices stated on the Provider's website and in these Terms and Conditions are inclusive of applicable statutory VAT. Prices are non-binding and subject to change. The price including VAT and shipping costs will also be displayed in the order summary before the Customer submits the order.  

8.2 Payment of the purchase price is due immediately upon conclusion of the contract.  

8.3 The Customer may choose between the payment methods shown in the order summary. 

8.4 For orders over EUR 50, delivery within Germany is free. For orders within Germany under EUR 50, the Provider charges a flat shipping fee of EUR 5. For orders placed from other EU countries (Austria, Luxembourg), the Provider charges a flat shipping fee of EUR 9.95, and EUR 12.95 for orders placed from non-EU countries (Switzerland, Liechtenstein). The Customer shall bear the shipping costs insofar as the Customer does not exercise their right of withdrawal.  

8.5 Note on import and customs costs: Orders shipped to Switzerland and Liechtenstein may be subject to import charges (in particular customs duties, taxes), which are levied as soon as a delivery arrives at the country of destination. Any additional costs incurred for customs clearance shall be borne by the Customer.  

9. Warranty for defects 

9.1 The Provider shall be liable for defects in quality and/or defects in title in accordance with the applicable statutory provisions, specifically those in §§ 434 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, "BGB"). 

9.2 As against traders, the warranty period for merchandise delivered by the Provider is 12 months. The foregoing shall not apply to claims for damages or compensation of nugatory expenditures. 

9.3 The merchandise delivered by the Provider is not subject to any guarantee unless this was expressly given on the respective merchandise. 

10. Liability 

10.1 The Provider shall be liable for loss or damage 

10.2 caused by injury to life, limb and health;  

10.3 based on wilful breaches of duty on the part of the Provider or its legal representatives or vicarious agents; 

• in accordance with the German Product Liability Act (Produkthaftungsgesetz). 

10.4 The liability of the Provider shall otherwise be limited to typically foreseeable loss or damage caused by the breach of material contractual obligations. Material contractual obligations are obligations, the performance of which is essential to achieving the contractual purpose and the due and proper execution of the contract and on which the Customer particularly relies. 

10.5 The restrictions in clause 10.1 and 10.2 shall also apply with respect to the Provider's legal representatives and vicarious agents if claims are asserted directly against them. 

10.6 The Customer shall not transfer any data that infringe the rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws. The Customer expressly indemnifies the Provider against any and all third party claims asserted in this regard. This also includes the necessary costs for legal representation in this regard. The Provider does not check the data transferred for potential infringement of third party rights and/or the unlawfulness thereof and assumes no liability in this regard. 

11. Data protection 

The Provider complies with the privacy policy, which may be accessed at any time.  

12. Information on batteries, waste equipment and packaging 

12.1 Batteries are used in some of the Provider's merchandise. Batteries must not be disposed of in household waste. Customers are legally obligated to return all used batteries and accumulators (e.g., at a public collection point or at any location they are sold). Batteries are marked with the symbol (logo "waste container") and with one of the chemical symbols: Cd (= battery contains cadmium), Hg (= battery contains mercury), Pb (= battery contains lead). 

12.2 Customers must dispose of waste equipment separately from household waste (e.g., at a public collection point). Waste electronic equipment marked with a crossed-out waste bin will be accepted at those points free of charge. This ensures that the waste equipment is recycled properly and adverse effects on the environment are avoided. 

12.3 Customers must dispose of the Provider's packaging and/or merchandise that does not bear the symbol of a system of nationwide disposal (such as the "Green Dot" of Duales System Deutschland AG) separately from household waste (e.g., at a public collection point). 

12.4 The Provider is also obligated to take back batteries, (electronic) waste equipment and/or packaging under this clause 12 and ensure that these are recycled and/or disposed of. Therefore, Customers can return their used batteries, (electronic) waste equipment and/or packaging at the respective public collection points or to the following address: BVB Merchandising GmbH, c/o Rhenus AG & Co. KG, Juchostraße 42, 44143 Dortmund, Germany. Customers are welcome to contact the Provider with any questions in this regard (tel.: +49 231 9020-0, e-mail: [email protected]). 

13. Miscellaneous 

13.1 Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). 

13.2 If the Customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch, "HGB"), a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of the contractual relationship between the Customer and the Provider shall be the registered office of the Provider. 

13.3 Should any provision of these Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining clauses or parts thereof. The invalid or unenforceable clause shall be replaced by a provision that most closely reflects the intent of the invalid or unenforceable clause.