Terms of service
Terms and Conditions for the purchase of merchandising items from OneFootball GmbH (updated: December 2020)
1 Applicability of the Terms and Conditions
All deliveries and services provided by OneFootball GmbH (‘OneFootball’) in connection with the sale and delivery and merchandising items from its online shop are carried out exclusively on the basis of these Terms and Conditions (T&Cs).
2 Ordering
2.1 The contracting partner of the purchaser is OneFootball GmbH, Greifswalder Str. 212, 10405 Berlin, Germany.
OneFootball
2.2 When placing an order in the online shop, the offer for the conclusion of a contract is made by the purchaser once they initiate a booking/reservation of an item. Immediately prior to placement of an order, the purchaser can review their details and amend them if necessary. Upon receipt of the order, the customer will receive a confirmation of receipt by email. If OneFootball accepts the offer from the purchaser, it shall confirm this by means of an email, which shall also constitute acceptance of the offer.
2.4 The merchandising items ordered will be delivered subject to availability. If the merchandising items are not available, the purchaser will be informed immediately and any amounts paid will be refunded immediately.
2.5 Product descriptions, in particular illustrations, drawings, specifications, and dimensional, weight, performance and consumption data are non-binding insofar as the merchandising items delivered deviate only in insignificant ways (e.g. for production reasons) from this information.
2.6 The order text is not stored at OneFootball and can no longer be accessed following completion of the order process. However, the purchaser can print out their order details immediately after submitting their order.
2.7 In accordance with packaging regulations, OneFootball is obliged to take back any packaging of our products that does not bear the mark of a comprehensive disposal system (such as the ‘Green Dot’ from Duales System Deutschland AG or the ‘RESY’ symbol) and to ensure that it is reused or disposed of. For further information about the return of such products, please contact us at the following address (OneFootball, Greifswalderstraße 212, 10405 Berlin, Germany). We will then give you the name of a public collection point or a disposal company in your area that will accept the packaging free of charge. If this is not possible, you can also send the packaging to us (Versandmanufaktur, Retouren OneFootball, Wideystr. 58, 58452 Witten, Germany). We reuse the packaging or dispose of it in accordance with packaging regulations.
3 Payment terms, delivery, delivery costs
3.1 Products are usually dispatched – provided the items ordered are in stock – within 2-3 working days (Monday to Friday, excluding public holidays) after conclusion of the contract. Delivery costs are calculated at checkout based on the destination country and weight. We offer free delivery in Europe.
This does not include the costs of returns by the customer in the event of cancellation in accordance with the cancellation policy below. These costs shall be covered by the customer.
Note: customs duties and import sales tax may apply in the case of deliveries to non-EU countries. These are not included in the price indicated and must be paid by the customer at the relevant customs office.
3.2 OneFootball is entitled to render partial services insofar as this is reasonable for the purchaser.
3.3 Payment can be made using one of the payment methods listed below, although not all of these are available for all delivery countries. The payment methods available for the order are displayed to the customer during checkout.
Payment methods:
- Debit and credit cards from Visa, Mastercard and American Express
- PayPal
- Sofort payments
- Klarna
- Payments with iDEAL
- Bancontact
- EPS payments
In the case of credit card payments, the credit card will be charged immediately once the order process is complete. The merchandising products remain the property of OneFootball until full payment has been made. If the purchaser is in default of payment, they shall, without prejudice to further claims of OneFootball (e.g. interest, chargeback fees), also pay a flat arrears and processing fee in the amount of €5.00. The purchaser is entitled to prove that this expense was not incurred or was not incurred in this amount.
3.4 OneFootball will announce the corresponding SEPA direct debit in advance (pre-notification). The deadline for pre-notification is reduced to four calendar days before the due date and direct debit collection.
3.5 In the event of effective cancellation, the fees received by OneFootball shall be returned by the same means of payment used by the purchaser in the original transaction. OneFootball may refuse to process a refund until it has received the merchandising items back or until the purchaser has provided proof that they have returned the merchandising items, whichever is soonest.
4 Cancellation policy
- Commencement of cancellation policy -
4.1 Right of cancellation
You have the right to cancel this contract within fourteen days without providing any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last merchandising item(s). To exercise your right of cancellation, you must inform us (OneFootball, Greifswalderstraße 212, 10405 Berlin, Germany) of your decision to withdraw from the contract by providing a clear declaration to do so (e.g. a letter sent by post, fax or email). To observe the cancellation period, it is sufficient that you send the notification of exercising your right of cancellation before the end of the cancellation period.
4.2 Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs if you have chosen a delivery form other than the cheapest standard delivery offered), promptly and no later than within fourteen days of the date on which we received notification of your withdrawal from this contract. For this refund, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to process a refund until we have received the merchandising items back or until you have provided proof that you have returned the merchandising items, whichever is soonest. You must return or hand over the merchandising items to us immediately and no later than within fourteen days of the date on which you notify us of your cancellation of this contract. To observe the deadline, it is sufficient that you send off the merchandising items before the end of the fourteen-day period. You shall cover the direct costs of returning the merchandising items. You will only have to pay for any loss in value of the items if this loss in value is due to such handling of the merchandising items that is not necessary for checking their condition, properties and functioning.
- End of cancellation policy -
Note: Excluded from the right of cancellation in accordance with section 312g(2) German Civil Code are such merchandising items in distance contracts that are not pre-produced and, during the production of which, individual selection or determination by the consumer plays a central part, or which are clearly customised based on the needs of the consumer (e.g. shirts with individual flocking), sound or video recordings or computer software in sealed packaging if the seal has been broken after delivery, as well as deliveries of newspapers, magazines or journals with the exception of subscription contracts.
4.3 Cancellation form template
To exercise your right of cancellation in accordance with the cancellation policy, you can use the following cancellation form template. You are not obliged to use the cancellation form template.
Cancellation form template
(If you want to withdraw from the contract, please complete and return this form).
To: OneFootball GmbH, Greifswalder Str. 212, 10405 Berlin, Germany (email: store@onefootball.com)
I/We(*) hereby wish to withdraw from the contract that I/we agreed(*)
concerning the purchase of the following merchandising items(*) _________________________________________________________________ / provision of the following services (*) _________________________________________________________________
ordered on(*)/received on(*): _________________/___________________
Name of consumer(s): _____________________________________
Address of consumer(s): __________________________________________________________________________
Signature of consumer (only in the case of notification sent in paper form) ______________________________________________________
Date: ______________________
(*) = cross out as applicable
5 Warranty rights, limitation of liability
5.1 Statutory warranty rights apply to all fan items from the online shop, unless otherwise agreed.
5.2 OneFootball, its legal representatives or its vicarious agents shall only be liable in the event of intent or gross negligence. In the event of a breach of material contractual obligations, liability shall also exist in the event of simple negligence, but shall be limited to the foreseeable damage typical for the contract. Claims for damages arising from injury to life, limb or health and under product liability laws shall remain unaffected by the above limitations.
6 Alternative dispute resolution in accordance with Art. 14 Paragraph 1 ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Consumers have the option to settle their disputes at Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de/). We are obliged to take part in dispute resolution proceedings before this point. We will take part in such a process.7 Applicable law, place of jurisdiction, data privacy, return of batteries
7.1 German law shall exclusively apply. The UN Convention on Contracts for the International Sale of Goods does not apply. If the purchaser has placed the order as a consumer and their habitual place of residence is in another country at the time of the order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
7.2 If the purchaser is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, if they have no general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Hamburg.
7.3 All data provided by the purchaser shall be collected, processed and used by OneFootball in accordance with the relevant data protection regulations. The customer agrees to the collection, processing, use and disclosure of their data insofar as this is necessary for the performance of the contract. The terms of the Privacy Policy shall apply.
7.4 Please note that the disposal of batteries in household waste is expressly prohibited and that you are legally obliged to return them. Batteries are marked with the symbol (logo ‘waste container’) and are labelled with one of the following chemical symbols:
Cd (= battery contains cadmium); Hg (= battery contains mercury); Pb (= battery contains lead)
Batteries purchased from us can be returned to us after use at the above address by post at our expense or returned to an official collection point near you.