Terms and Conditions
1. General aspects, scope
1. The following General Terms and Conditions (GTC) shall govern the contractual relationship between Hertha BSC GmbH & Co. KGaA (hereunder referred to as: Hertha BSC) and the consumers and the contractors making use of the Hertha BSC’s Internet services (hereunder referred to as: "purchaser"). The General Terms and Conditions (GTC) concern the use of the website "www.herthabsc.de" and all sub-domains contained in this domain. The most recently revised version valid at the point in time of the conclusion of the contract is authoritative. The contract language is German.
2. Consumers within the meaning of these GTC are natural persons who enter into a business relationship with Hertha BSC for a purpose that cannot be attributed to his or her commercial or freelance professional activity.
3. Contractors within the meaning of these GTC are natural and legal persons or partnerships of legal standing that, in the exercise of their commercial or freelance professional activity, enter into a business relationship with Hertha BSC. Only the following GTC apply for any business relationship as listed in Clause 1 between Hertha BSC and contractors. We shall not be bound by any provisions of the contractor that deviate from those of Hertha BSC, even if they are not explicitly opposed by Hertha BSC. The following GTC apply to contractors even if Hertha BSC performs the order without any reservations in knowledge of contradictory or deviating terms on the part of the contractor.
2. Conclusion of contract
1. The Internet offer by Hertha BSC represents a non-binding invitation for the purchaser to order items from Hertha BSC.
2. The purchaser will have to click on the order button in order to place an order through the Internet. It is also possible to place an order via telephone, fax, email or regular mail. With each order placed in the process of purchasing the desired items, the purchaser makes a binding offer to conclude a contract of sale.
3. In case the order has been made through the online platform or via email, the purchaser shall receive immediate confirmation from the seller via email. The respective order confirmation does not yet constitute a binding acceptance of the order. Confirmation of the receipt only constitutes a definite acceptance of the order when explicitly stated by the seller.
4. The contract enters into effect after Hertha sends either confirmation of the order or the product ordered to the purchaser. Hertha BSC is entitled to accept order by sending an order confirmation within 3 days of receiving such order. The order confirmation will be sent via email. Upon expiry of the period described in sentence 2, the offer shall be deemed as rejected.
5. Orders shall only be executed if the product value exceeds €9.95 plus shipping costs.
The specific contract shall be saved for online or email orders and it will be sent along with the General Terms and Conditions via email to the purchaser together with the order confirmation.
3. Payment, due date, default in payment
1. Payment for the items can be done either by advance payment, payment on delivery or credit card. Payment on delivery only applies to deliveries within Germany. Hertha BSC reserves the right to accept or refuse certain forms of payment in individual cases.
2. For advance payments, the purchaser shall pay the purchase price immediately after a contract has been concluded with the purchaser. When paying by credit card, the order will be charged to the purchaser’s credit card after the product(s) has/have been sent.
1. Delivery of the purchased items will be made without delay to the address provided by the purchaser.
2. Deliveries for items worth €100 and more will be shipped free of charge provided they do not weigh more than 30 kg and the delivery address is located in Germany.
Otherwise the following costs will be incurred in connection with the delivery of items:
€4.95 for deliveries within the Federal Republic of Germany. For payments on delivery, additional costs amounting to €4.00 as well as €2.00 for the parcel service.
For deliveries in Europe from €10 to €30.
All other countries €30.
3. Shipping costs are to be paid by the purchaser. If the purchaser requests a special shipment method for which higher costs are incurred, he/she shall also pay these additional costs.
4. All taxes and customs fees arising from foreign deliveries are to be paid by the purchaser.
5. If the purchaser acquire the items for commercial use or professional activity, the risk of accidental loss and the accidental deterioration of the items shall pass to him/her after Hertha BSC has delivered the items to the forwarding agent, the carrier, or any other person or institution charged with execution of the shipment.
6. Return costs in the case of cancellation
If as a consumer, the purchaser has acquired one or more products in the form of a distance contract (Art. 312 (b) of the German Civil Code) and if he/she makes use of his/her right of cancellation, the purchaser shall bear the regular costs for the return on the following conditions:
a) the price for the purchased item(s) to be returned does not exceed the total amount of €40; or
b) the amount as set in a) exceeds €40, but the purchaser has not made a full or partial payment of the item(s) by the time of the cancellation.
The purchaser shall only be obliged to return the items and to pay for the return if the item(s) for which the Purchaser is exercising his/her right of cancellation can be sent in a parcel.
Thisp costs does not apply if the delivered products do not match the order.
5. Retention of titles
The purchased products remain property of Hertha BSC until full payment has been received. Prior to the transfer of ownership the merchandise may not be pledged, used as security, processed or transformed without the express permission of Hertha BSC.
1. The price specified in the respective offer for the purchased product is the end price plus any relevant value added tax or other price components. The price does not include delivery costs or shipping.
2. Members of HERTHA BSC e.V. receive a discount on all items, provided that the prices of said items are not already reduced. The discounted price does not apply to delivery costs and shipping.
1. Hertha BSC is entitled to cancel the contract in terms of an open part of the delivery or performance of service if fraudulent information regarding the purchaser’s creditability has been provided or upon the existence of objective reasons in regard to the insolvency of the purchaser, for instance, the opening of insolvency proceedings against the purchaser’s assets or the rejection of such proceedings for lack of assets. Prior to cancellation of the contract, the purchaser shall be given the opportunity to make an advance payment or provide suitable security.
2. Regardless of possible compensation for damages, partial services that have already been rendered shall be billed and paid for in accordance with the contract.
1. Warranty to consumers
a) Hertha BSC must ensure that the purchased item is free of defects on delivery. If a fault shows within six months after delivery, it will be presumed that the product had been faulty upon delivery unless this presumption is inconsistent with either the nature of the object of purchase or the defect. Should the material defect occur after the first six months following delivery, the purchaser must prove that the material defect already existed upon delivery.
b) In case the object of purchase is defective upon delivery, the purchaser may choose between subsequent fulfillment through repair or the delivery of a replacement. Hertha BSC is entitled to refuse the type of the selected subsequent fulfillment if it is only possible at unreasonable cost and if the other type of subsequent fulfillment remains without considerable disadvantages for the purchaser.
c) If this subsequent fulfillment fails, the purchaser has the option to claim the reduction of the purchase price (discount), withdraw from the contract (cancellation) or claim compensation. However, in the case of only minor defects, the purchaser shall not be entitled to cancel the contract.
d) Claims of the purchaser based on defects shall be subject to the statute of limitations of 2 years after the delivery of the items, or one year for used articles. The one-year period of limitation for claims does not affect compensation claims.
2. Warranty to companies
a) If the purchase is a commercial transaction between Hertha BSC and purchaser, the latter shall immediately inspect the supplied items for quality and quantity deviations and inform Hertha BSC in writing about any noticable defects within a period of one week after receipt of the items; otherwise warranty cannot be claimed. Hidden defects must be reported in writing to Hertha BSC within a period of a week after the discovery of the defect. Timely sending shall be sufficient for observance of the deadline. In this case, the purchaser shall be fully subject to the onus of proof for any reasons for claims, in particular faults as such, for the time when the defect is determined and for the timely report of the defect.
b) In case of defects Hertha BSC has the choice to either repair or replace the purchased item(s).
c) The rights of the purchaser due to deficiencies expire by limitation one year following delivery of the product(s). The period of limitation for claims does not affect compensation claims.
3. If for purpose of subsequent performance, Hertha BSC supplies an item free of defects, Hertha BSC may require the purchaser to return the defective purchased item.
4. Damages that are incurred due to improper handling by the purchaser or in violation of the contractual terms for the assembly, connection, operation or storage do not constitute justification for a claim against Hertha BSC.
9. Limitation of liability
1. Hertha BSC is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Hertha BSC or persons employed in fulfilling our obligations. The performance of a material contractual obligation is a prerequisite for the proper execution of this contract and under normal circumstances, upon which compliance the purchaser may rely. Any further liability for damages is excluded. Claims derived from a guarantee given by Hertha BSC for the quality of the purchased item or from the German law on product liability [Produkthaftungsgesetz] are not affected by the above.
2. The availability of data transmission via the Internet at any time and/or the absence of any errors cannot be warranted based on the present state of the art. We shall therefore accept no liability for availability of our online shop at all times.
10. Applicable law, jurisdiction
1. All disputes arising from this legal relationship are subject to the laws of the Federal Republic of Germany. The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory provisions of the country in which the consumer maintains his/her customary residence is not withdrawn. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
2. To the extent a purchaser is a business person, a legal entity under public law or public-law with special funds, the sole legal venue governing all disputes from the contractual relationship is the place of business of Hertha BSC. The same applies if the purchaser has no general jurisdiction in Germany or if the domicile or the habitual place of abode is not known when the lawsuit is filed.
11. Safeguard clause
In the event that any provision of these GTC should be unenforceable or should prove to be invalid, then the validity of the other clauses shall not be affected, unless one contracting party is put at such an unreasonable disadvantage through the invalidity of individual clauses that it can no longer be reasonably expected to adhere to the contract.
In the event of a conflict between the German language version and the English translation, the German language version shall govern the contractual relationship.
End of the General Terms and Conditions