Scope of General Terms and Conditions
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1 General Terms and Conditions for Sale of Goods of FC Basel 1893 AG Scope of General Terms and Conditions 1 These general terms of contract ( GTC Sale of Goods ) shall apply to all deliveries and services of FC Basel 1893 AG ("FCB") which the customer ( Customer or you ) purchases in the web shop ( Web Shop ) on the website myfcbasel ( Website ) or in a FCB retail store. For the purchase of admission tickets for an FCB event, the GTC for the sale of tickets ("GTC Ticketing") shall additionally apply. The GTC for myfcbasel ( GTC myfcbasel"), which the Customer has already accepted when he signed up for myfcbasel, shall also apply. 2 By ordering goods in the Web Shop or purchasing them in a FCB retail store, you shall consent towards FCB to these GTC Sale of Goods in the version applicable at the time of ordering or purchasing the goods in the retail store. By purchasing admission tickets, you shall consent to the GTC Ticketing. You hereby declare to have read, understood and accepted these documents. 3 FCB s Privacy Policy on shall form an integral part of these GTC Sale of Goods. The Customer hereby confirms that he has read, understood and consented to this Privacy Policy. 4 The GTC myfcbasel, the GTC Sale of Goods and the GTC Ticketing can be found under the link at any time and may be saved and printed by the Customer. Conclusion of Purchase Agreement in the Web Shop 5 The online display of goods in the Web Shop shall not be deemed to be a request by FCB to purchase goods. As the goods may possibly be no longer in stock, the Customer cannot directly enter into a purchase agreement when placing his order. 6 By clicking the "Confirm" button you shall submit a binding order of the goods contained in your shopping basket. You shall be bound to your order
2 during seven (7) working days. Immediately upon sending your order, receipt of this order will be confirmed by to the address provided by you. However, this confirmation shall not result in the conclusion of an agreement. 7 An agreement between you and FCB shall be considered to have been concluded once FCB has either explicitly confirmed acceptance of your order or delivered the ordered goods to you directly. FCB shall reserve the right to refuse a conclusion of an agreement without giving any reasons. Prices, Shipping Charges and Payment Terms 8 All prices in the Web Shop shall be inclusive of statutory VAT and exclusive of shipping charges. Shipping charges are shown to the Customer upon confirmation of his order in the Web Shop and must be borne by the Customer. 9 If a Customer abroad orders any goods, this Customer shall be liable for all customs duties, import fees and taxes. FCB cannot influence these fees and can also not provide any information in this respect. For further information please contact your local customs authorities. 10 In the Web Shop FCB shall accept payment by credit card (Visa, Master or American Express Card), Postfinance or PayPal only. Discounts may neither be accumulated in the Web Shop nor in a physical FCB retail store. Discounts shall never be granted on reduced goods. 11 The purchase price shall be due for payment upon conclusion of the purchase agreement and will depending on the type of payment be directly charged to your credit card. In case of payment default FCB may withdraw from the purchase agreement without setting the Customer a grace period. 12 FCB vouchers shall expire after two years from date of issue. Vouchers cannot be redeemed after the expiry date. Payment with an FCB voucher may be made with every purchase in a physical FCB retail store by showing the original voucher (in the Web Shop by entering the voucher code during the ordering transaction). The Customer cannot redeem its voucher after 2/6
3 fulfillment of the purchase agreement. The (remaining) credit of a voucher will neither be paid out nor will any interest be paid thereupon. 13 If the credit of a voucher does not suffice for an order, the difference may be paid by using another payment method. 14 Vouchers are transferable. In the event of loss, theft or misuse of vouchers, FCB shall deny any and all liability. Delivery 15 Goods shall normally be delivered upon receipt of payment within 2 to 4 working days to the delivery address indicated by the Customer when ordering the goods, provided the goods are fully available. For Customer specific orders (e.g. printed football shirts), delivery time shall normally be 7 to 10 days. Signatures shall be subject to the football team s availability. These delivery dates shall not be legally binding. If a delivery is not on time, this shall in particular not entitle the Customer to withdraw from the agreement. 16 If FCB is in default with the delivery, the Customer must first set FCB a grace period of at least 20 working days for subsequent performance before the Customer may withdraw from the agreement. In the event of withdrawal from the agreement, the purchase amount shall be refunded at most. FCB shall not owe the Customer any further damages for late or non-deliveries. 17 The Customer must accept partial deliveries if, for example, part of the ordered goods is no longer available or may only be delivered late. 18 The place of performance shall be the place of handover to Swiss Post (or another carrier). Benefit and risk shall pass to the Customer upon dispatch of the goods. 19 Express delivery orders must be received Monday through Friday by noon. Provided that goods are ordered in due time, these goods will be delivered on the next working day if the respective products are in stock. 3/6
4 Warranty and Liability 20 FCB shall be liable for defects of the purchased goods according to the provisions of the Swiss Code of Obligations (CO). According to art. 201 para. 1 CO, the notice of defects must be made within 7 working days at the latest. This notice of defects must be made in writing. FCB must also be notified in writing of any hidden defects within 7 working days of the defects being noticed. 21 In case of defective goods FCB shall have the right to initially deliver replacement goods instead of rescission or reduction. In the event of rescission FCB shall refund the purchase amount at most. FCB shall not be liable for any damage caused to the Customer due to defective goods. According to art. 210 para. 1 CO, actions for breach of warranty become time-barred two years after delivery of the goods. 22 To the extent permitted by law, FBC shall exclude any and all liability for damage suffered by the Customer in connection with the conclusion of the purchase agreement. In particular, FCB shall not be liable for the destruction or damage of goods in transit. Exchange and Return of Goods 23 With the exception of the circumstances mentioned below, the Customer may request the return or exchange of goods without giving reasons: 24 There shall be no right to return or exchange goods in case of goods which: were manufactured according to Customer specifications or clearly tailored to the personal requirements of the Customer (e.g. football shirt printing with the name and/or number of FCB players); were delivered in sealed packaging and the seal of which was broken by the Customer (e.g. sealed book packaging or DVDs); have already been washed, worn or otherwise used by the Customer; were reduced in price and marked as such; 4/6
5 are excluded from returns due to a notice explicitly posted in the Webshop next to the respective goods. 25 Goods must be returned or exchanged within 14 calendar days upon receipt of the goods by returning the delivered goods in the original packaging (in case of underwear, goods may only be returned in the unopened original packaging). Goods may only be returned or exchanged if the respective purchase receipt or a copy thereof is enclosed. Postage costs and shipping charges for returning or exchanging goods shall be borne by the Customer. The Customer shall bear the risk of accidental loss or destruction of or damage to goods in transit. FCB shall reserve the right to charge the full or a reduced purchase price for any defective returned goods (or for goods returned or exchanged contrary to the above-mentioned circumstances). 26 Only upon arrival of the returned goods at FCB s premises may the Customer choose within 14 days between delivery of replacement goods (exchange) and refund of the purchase amount to the bank, credit card or PayPal account used when ordering the goods (return). Instead of refunding the purchase amount, FCB may also issue a goods voucher to the value of the returned goods. If goods can no longer be delivered (e.g. if goods are sold out), the Customer may request refund of the purchase amount or issuance of a goods voucher only. 27 Goods must be returned with a written request for return or exchange of goods and by specifying the sender to the following address: Webshop Retouren, MyPost , MP St. Jakob-Park, 4052 Basel, Switzerland. Protection of Intellectual Property of FCB 28 With respect to the protection of the logos, trademarks, work results, etc. published in the Web Shop, the provisions of the GTC myfcbasel shall apply, which can be accessed under 5/6
6 Miscellaneous 29 Any deviating agreements between FCB and its Customers must be in written form to be valid. 30 Should individual provisions of these GTC Sale of Goods be or become ineffective in whole or in part, the effectiveness of the remaining provisions or parts thereof shall remain unaffected. In place of the ineffective or missing provisions, the respective statutory regulations shall apply. 31 FCB may amend these GTC Sale of Goods as well as the integrated Privacy Policy from time to time, for example to implement legal requirements or to take functional changes into account. These GTC amendments will be shown to you and submitted for your acceptance when you log in. If you do not accept these amendments, you may no longer use the respective services. 32 The purchase agreement and these GTC Sale of Goods shall be exclusively governed by and construed in accordance with substantive Swiss law. If this law references foreign laws, such references shall be invalid. The applicability of the UN Convention on Contracts for the International Sale of Goods shall hereby be excluded. The exclusive place of jurisdiction for any disputes arising out of or in connection with these GTC Sale of Goods (including regarding their valid agreement) shall be the City of Basel, Switzerland. 33 This Website is operated by FC Basel 1893 AG, Birsstrasse 320 A, 4052 Basel, Switzerland. If you have any questions with respect to the Website or its contents, please do not hesitate to contact us at 6/6
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