General Terms and Conditions
§ 1 Scope of Application, Definitions
(1) The following General Terms and Conditions apply exclusively to the business relationship between the seller (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognized unless the Seller expressly agrees to their validity in writing.
(2) Seller is David Carrozzo, Textil- und Merchandisehandel, Owner: David Carrozzo, Paul-Dannenmann-Str. 14, 73642 Welzheim, Germany, E-Mail: info@fanatic-stuff.com.
(3) Consumer means any natural person who enters into a legal transaction for purposes that predominantly are neither commercial nor related to their self-employed professional activity.
(4) Entrepreneur means any customer who, when concluding the contract, acts in the exercise of their commercial or independent professional activity as a natural person, legal entity or partnership with legal capacity.
§ 2 Conclusion of Contract, Delivery and Transfer of Risk
(1) The customer may request a non-binding offer from the Seller via the communication channels provided by the Seller. The Seller’s offer may then be accepted by the buyer in a binding manner within the acceptance period specified in the offer by paying the purchase price stated in the offer to the Seller’s account indicated in the offer. The contract between the parties shall become binding upon confirmation of receipt of payment and dispatch of the invoice by the Seller within three working days.
(2) The contract text (order data and terms and conditions) will be stored by the Seller and may be requested separately by the Customer. Regardless of this, the Customer will receive all relevant data by e-mail during the ordering process.
(3) If the Customer is an entrepreneur, the following conditions shall also apply:
a) The Seller reserves the right to make partial deliveries. Shipment of the ordered goods shall be at the Customer’s risk unless delivery is carried out by the Seller himself. The risk shall pass when the goods are handed over to the shipping company commissioned with the shipment.
b) The Customer must report recognizable transport damage immediately upon receipt of the goods and hidden transport damage no later than ten days after discovery in writing to the delivering shipping company.
c) Changes to orders are only possible in exceptional cases and only if production has not yet begun. Any costs arising from order changes requested by the buyer shall be borne by the buyer.
d) Delivery times stated are only binding if they are expressly confirmed in writing by the Seller. The commencement of delivery periods requires clarification of all technical questions (including approval of any samples previously sent by the Seller) as well as full payment by the Customer.
§ 3 Retention of Title
(1) The delivered goods remain the property of the Seller until full payment has been made.
§ 4 Prices and Shipping Costs
(1) All prices stated in the Seller’s offers to customers acting as consumers include the applicable statutory value-added tax and other price components. In the case of cross-border delivery, additional taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may arise in individual cases. These must be paid directly by the buyer to the responsible customs or tax authorities and not to the Seller.
(2) Shipping costs charged separately will, where applicable, be clearly stated in the offer and must be borne by the Customer.
(3) The Customer shall only be entitled to rights of set-off if their counterclaims have been legally established or are undisputed.
§ 5 Payment Terms
(1) Payment shall be made by bank transfer/prepayment. Payment of the purchase price is due immediately upon conclusion of the contract.
(2) Any obligation of the Customer to pay default interest does not exclude the assertion of further damages caused by default by the Seller.
§ 6 Warranty for Material Defects
(1) The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) If the Customer is an entrepreneur, the following conditions shall also apply:
a) The warranty period for new goods delivered by the Seller shall be limited to twelve months. Claims for damages within the meaning of § 8 of these terms and conditions remain unaffected. The statutory obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) shall apply.
b) Complaints concerning impairments that are unavoidable according to the current state of technology, such as unavoidable color deviations or irregularities in structure, do not constitute defects. Production-related deviations and customary industry tolerances regarding dimensions and colors, adjustments of the motif and its positioning where necessary for production reasons, shall also not be considered defects.
c) The characteristics specified in the service description (Seller’s offer) exclusively define the properties of the delivered item. If a color sample is sent to the Customer in advance, its properties after approval shall be decisive. Deviations caused by incorrect display settings on the Customer’s device (e.g. incorrect screen settings) shall not be relevant.
d) Any statements made by us in connection with this contract do not constitute a guarantee unless expressly stated otherwise.
§ 7 Liability, Indemnification
(1) Claims of the Customer for damages are excluded. This does not apply to claims arising from injury to life, body or health, from the breach of essential contractual obligations (cardinal obligations), or from other damages based on intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Seller shall only be liable for the typical, foreseeable damage if this was caused by simple negligence, unless the claim concerns injury to life, body or health.
(3) The limitations of liability in paragraphs 1 and 2 shall also apply in favor of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) If the Seller is provided with template material by the Customer, such as images, club logos or trademarks, the Customer grants the Seller a simple, unlimited right of use in terms of time and territory for the purpose of fulfilling the order. The Customer assures the Seller that they are authorized to provide such material and to grant the corresponding rights and shall indemnify the Seller against any claims for payment by third parties arising from unlawful use of the material in connection with the performance of the contract.
§ 8 Notes on Data Processing
(1) The Seller collects Customer data in the course of processing contracts. All relevant data protection regulations are observed. Without the Customer’s consent, the Seller will only process inventory and usage data of the Customer insofar as this is necessary for the initiation or processing of the contractual relationship and/or for the use of the services provided. Otherwise, reference is made to the Seller’s privacy policy.
§ 9 Final Provisions
(1) Contracts between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German. For consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) If the Customer is an entrepreneur, merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller.
(3) The contract shall remain binding in its remaining parts even if individual provisions are legally invalid.
§ 10 Dispute Resolution
(1) The Seller is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
This English version is provided for convenience only. In case of discrepancies, the German version of these Terms and Conditions shall prevail.
§ 1 Scope of Application, Definitions
(1) The following General Terms and Conditions apply exclusively to the business relationship between the seller (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognized unless the Seller expressly agrees to their validity in writing.
(2) Seller is David Carrozzo, Textil- und Merchandisehandel, Owner: David Carrozzo, Paul-Dannenmann-Str. 14, 73642 Welzheim, Germany, E-Mail: info@fanatic-stuff.com.
(3) Consumer means any natural person who enters into a legal transaction for purposes that predominantly are neither commercial nor related to their self-employed professional activity.
(4) Entrepreneur means any customer who, when concluding the contract, acts in the exercise of their commercial or independent professional activity as a natural person, legal entity or partnership with legal capacity.
§ 2 Conclusion of Contract, Delivery and Transfer of Risk
(1) The customer may request a non-binding offer from the Seller via the communication channels provided by the Seller. The Seller’s offer may then be accepted by the buyer in a binding manner within the acceptance period specified in the offer by paying the purchase price stated in the offer to the Seller’s account indicated in the offer. The contract between the parties shall become binding upon confirmation of receipt of payment and dispatch of the invoice by the Seller within three working days.
(2) The contract text (order data and terms and conditions) will be stored by the Seller and may be requested separately by the Customer. Regardless of this, the Customer will receive all relevant data by e-mail during the ordering process.
(3) If the Customer is an entrepreneur, the following conditions shall also apply:
a) The Seller reserves the right to make partial deliveries. Shipment of the ordered goods shall be at the Customer’s risk unless delivery is carried out by the Seller himself. The risk shall pass when the goods are handed over to the shipping company commissioned with the shipment.
b) The Customer must report recognizable transport damage immediately upon receipt of the goods and hidden transport damage no later than ten days after discovery in writing to the delivering shipping company.
c) Changes to orders are only possible in exceptional cases and only if production has not yet begun. Any costs arising from order changes requested by the buyer shall be borne by the buyer.
d) Delivery times stated are only binding if they are expressly confirmed in writing by the Seller. The commencement of delivery periods requires clarification of all technical questions (including approval of any samples previously sent by the Seller) as well as full payment by the Customer.
§ 3 Retention of Title
(1) The delivered goods remain the property of the Seller until full payment has been made.
§ 4 Prices and Shipping Costs
(1) All prices stated in the Seller’s offers to customers acting as consumers include the applicable statutory value-added tax and other price components. In the case of cross-border delivery, additional taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may arise in individual cases. These must be paid directly by the buyer to the responsible customs or tax authorities and not to the Seller.
(2) Shipping costs charged separately will, where applicable, be clearly stated in the offer and must be borne by the Customer.
(3) The Customer shall only be entitled to rights of set-off if their counterclaims have been legally established or are undisputed.
§ 5 Payment Terms
(1) Payment shall be made by bank transfer/prepayment. Payment of the purchase price is due immediately upon conclusion of the contract.
(2) Any obligation of the Customer to pay default interest does not exclude the assertion of further damages caused by default by the Seller.
§ 6 Warranty for Material Defects
(1) The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) If the Customer is an entrepreneur, the following conditions shall also apply:
a) The warranty period for new goods delivered by the Seller shall be limited to twelve months. Claims for damages within the meaning of § 8 of these terms and conditions remain unaffected. The statutory obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) shall apply.
b) Complaints concerning impairments that are unavoidable according to the current state of technology, such as unavoidable color deviations or irregularities in structure, do not constitute defects. Production-related deviations and customary industry tolerances regarding dimensions and colors, adjustments of the motif and its positioning where necessary for production reasons, shall also not be considered defects.
c) The characteristics specified in the service description (Seller’s offer) exclusively define the properties of the delivered item. If a color sample is sent to the Customer in advance, its properties after approval shall be decisive. Deviations caused by incorrect display settings on the Customer’s device (e.g. incorrect screen settings) shall not be relevant.
d) Any statements made by us in connection with this contract do not constitute a guarantee unless expressly stated otherwise.
§ 7 Liability, Indemnification
(1) Claims of the Customer for damages are excluded. This does not apply to claims arising from injury to life, body or health, from the breach of essential contractual obligations (cardinal obligations), or from other damages based on intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Seller shall only be liable for the typical, foreseeable damage if this was caused by simple negligence, unless the claim concerns injury to life, body or health.
(3) The limitations of liability in paragraphs 1 and 2 shall also apply in favor of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) If the Seller is provided with template material by the Customer, such as images, club logos or trademarks, the Customer grants the Seller a simple, unlimited right of use in terms of time and territory for the purpose of fulfilling the order. The Customer assures the Seller that they are authorized to provide such material and to grant the corresponding rights and shall indemnify the Seller against any claims for payment by third parties arising from unlawful use of the material in connection with the performance of the contract.
§ 8 Notes on Data Processing
(1) The Seller collects Customer data in the course of processing contracts. All relevant data protection regulations are observed. Without the Customer’s consent, the Seller will only process inventory and usage data of the Customer insofar as this is necessary for the initiation or processing of the contractual relationship and/or for the use of the services provided. Otherwise, reference is made to the Seller’s privacy policy.
§ 9 Final Provisions
(1) Contracts between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German. For consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) If the Customer is an entrepreneur, merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller.
(3) The contract shall remain binding in its remaining parts even if individual provisions are legally invalid.
§ 10 Dispute Resolution
(1) The Seller is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
This English version is provided for convenience only. In case of discrepancies, the German version of these Terms and Conditions shall prevail.