General Terms and Conditions for Customers (GTC) and Customer InformationThese General Terms and Conditions (GTC) shall represent the exclusive basis for any legal relationships between
mybacknumber UG (limited liability)
(hereinforth referred to as "Supplier”)
Managing Director: Johann Drews
Registered at the commercial Register of the District Court Osnabrueck, HRB Nr. 209411
tel +49 541 343 714 50
and its Customers which are constituted via the online shop with the URL www.mybacknumber.com or via any catalogues issued by the Supplier, or via e-mail, fax, letter and phone, or any other means of long-distance communication.
1. General Information1.1. Within the meaning of these General terms and Conditions the term ‘consumer’ shall be defined as laid down by sec. 13 BGB (Bürgerliches Gesetzbuch, German Civil Code). According to sec. 13 BGB consumers shall be natural entities with whom business relationships are started without a commercial, independent or freelance activity to be ascribed to them.
1.2. These General terms and Conditions shall apply in the version applicable at the time of placing the order.
1.3. Within the meaning of these General terms and Conditions the term ‘businessman’ shall be defined as laid down by sec. 14 BGB (Bürgerliches Gesetzbuch, German Civil Code). According to sec. 14 BGB, businessmen within the meaning of the present terms shall be natural or legal entities or partnerships of legal capacity with whom business relationships are started and who exercise a commercial, independent or freelance activity.
2. Conclusion of Contract, Available Languages and Recordal of Contract Information as well as Availability of Goods2.1. mybacknumber UG (limited liability), Parkstr. 2k, 49080 Osnabrueck, Germany represented by the Managing Director Johann Drews and registered under the commercial register number HRB 209411 at the District Court Osnabrueck shall be the Supplier and contractual partner for any order placed by the Customer.
For orders placed at the part of the webshop which can be accessed through the use of the URL http://www.mybacknumber.com, the language available for the conclusion of a contract is German. For orders placed at the part of the webshop which may be accessed through the use of the URL http://www.mybacknumber.com/?language=en or for other parts of the webshop where the products are presented to the Customer using other languages than German, such as, for instance, Russian or Spanish, the language available for the conclusion of a contract is only English.
2.2. The presentation of the goods in the online shop does not represent a binding offer by the Supplier but a request to the Customer to submit such a binding offer.
2.3. Products can be ordered from the Supplier by following the below-mentioned steps:
2.3.1. On the site www.mybacknumber.com the Customer may compile the back identification for his own name or for another name. Furthermore, the Customer has the option to choose from other goods featuring a text or other content and/or graphics individually selected by him. If the motif agrees to him, he can then place it without obligation in the shopping basket by clicking the button [into shopping basket].
2.3.2. Without obligation the Customer may view the content of the shopping basket at any time by clicking the button [show shopping basket]. He may remove any or all of the products at any time from the shopping basket by clicking the button [remove].
2.3.3. If the Customer wants to purchase the products in the shopping basket, he simply has to click on the button [continue to next step]. For placing an order with the Supplier it is necessary for the Customer to register an account with the Supplier. This means that he will be asked to enter his personal data, his E-Mail address and the delivery address and has to choose a user name and a password. The mandatory fields are marked with *. He may also choose his preferred method of production in this step. This registration is necessary in order to enable the Supplier the purchased goods to the Customer. The data entered by the Customer will be transmitted by using encryption technology.
2.3.4. After having entered the personal data mentioned above at 2.3.3. and after having selected his preferred mode of payment, a click on the button [continue to next step] will bring the Customer to the order page, where he can check his entries and the products he has placed in the shopping basket.
2.3.5 By clicking on the button “[submit your order]” at the end of the order transaction in the online shop the Customer places a binding order to purchase the goods in the shopping cart. Until the Customer clicks on the just-mentioned button, it is possible to change his order and the data submitted along with the order. By clicking on the “[submit your order]” button, the Customer also accepts these General Terms and Conditions as being exclusively applicable to the legal relationship with the Supplier.
2.4. The Supplier shall confirm the receipt of the Customer’s order on the next screen appearing on the screen of the customer’s computer and will also inform the customer of the order number assigned to his order. In addition to this, the Supplier shall also inform the Customer in written form (e.g. fax or e-mail) and inform him on the contractual details. This confirmation of receipt shall not represent a binding acceptance of the order but merely serve to inform the Customer that their order was received by the Supplier.
2.5. A purchase contract shall come into effect by the Supplier sending a confirmation of order to the Customer within three workdays after receipt of the order, or by shipping the ordered goods to the Customer.
2.6 The data relevant to the order placed by the Customer is recorded by the Supplier. As described under clause 2.4, the Customer is informed of the relevant data pertaining to the order placed in written form, e.g. by means of an E-Mail, which may be printed out and/or saved by the Customer.
2.7 If the Supplier is temporarily not able to get a hold of the product mentioned by the Customer in his order, he will inform the Customer of this fact without delay in his order confirmation. If the delay lasts more than two weeks the Customer has the right to terminate (rescind) the contract. In this case the Supplier also reserves the right to terminate the contract and will refund the Customer for any payments he may have made for the order in question.
2.8. If the goods ordered cannot be delivered to the address submitted by the Customer (if the address turns out to be wrong, incomplete or for other reasons) and if the goods are shipped back to the Supplier, any new attempt by the Supplier to ship the goods to the Customer will be at the Customers expense. In this case the Supplier reserves the right to charge the Customer a handling fee amounting to EUR 25.
3. Prices and Conditions of Payment3.1. The prices listed in the online shop of the Supplier are final prices containing all price components including taxes (e.g. value added tax).
3.2. Additional delivery and shipping costs are available at http://www.mybacknumber/shipping-and-charges. The Supplier emphasizes that the costs incurred by the Customer for an express-delivery will be higher than those for a regular delivery.
3.3. The Customer can choose between the following payment methods for any order and delivery
· Credit cards
· Debit cards
3.4. The Customer shall bear any fees resulting from a bank transfer or PayPal payment in addition to the final price and the delivery and shipping costs.
3.5. When paying by credit card, the Customer’s account will be charged as soon as the Supplier has send the customer an order confirmation or, in case the contract is concluded by shipping the ordered goods to the Customer, as soon as the goods are shipped to the Customer.
3.6. A hire purchase or a purchase on approval is not possible. The legal right of withdrawal shall remain unaffected thereby.
4. Delivery, Transfer of Risk, Retention of Title4.1. The delivery shall be effected by shipping the goods to the delivery address indicated by the Customer. Delivery will be carried out by a number of service providers, for instance UPS, DHL or Federal Express. The selection of the service provider to be used will depend on the country to which the delivery will be made and is left to the discretion of the Supplier.
4.2. As a rule, the Supplier shall send the goods ordered within 7 days (but no later than within 1 months) after a contract has been concluded with the Customer.
4.3. The delivery of the goods shall be at the risk of the Supplier. The risk of accidental loss or accidental deterioration shall transfer to the Customer upon the handover of the goods; this includes mail order purchases.
If the buyer is a businessman (sec. 14 BGB), the risk of accidental loss and the accidental deterioration of the goods shall pass to the buyer upon the surrender, in case of the purchase to destination, upon the delivery of the goods to the forwarding agent, the carrier, or any other person or institution charged with the execution of the shipment.
4.4. The goods shall remain the property of the Supplier until the purchase price has been paid in full.
4.5. If the Customer is a businessman (sec. 14 BGB) the following additional terms shall apply:
4.5.1. If particular formalities must be fulfilled for the agreement of the retention of title under the laws of the Customer's country, the Customer agrees to cooperate with the Supplier.
Prior to complete payment of the secured claims, the goods for which ownership is reserved can neither be pledged nor assigned by way of security to third parties. In the event of seizure or other actions of third parties or if such actions by third parties are reasonably foreseeable, the Customer shall inform the Supplier of such an event without delay in writing providing all necessary information.
4.5.2. The Customer is authorized to resell and/or process the goods subject to retention of title in the normal course of business. In this case the following terms shall apply:
184.108.40.206 Reservation of ownership shall also apply to goods resulting from the processing, mixing or combining of the Supplier’s goods in their full amount, whereas these processes are performed on part of the Supplier so that he will be considered as the manufacturer. If third party title rights are created as a result of the processing, mixing or combination with goods of third parties, the Supplier shall be granted co-ownership in the newly created products in the ratio of the invoiced value of these processed goods. Incidentally the same shall apply to the produced product as to the goods delivered under reservation of title.
220.127.116.11 The Customer hereby assigns to the Supplier, by way of security, any and all claims from the resale of the goods or the products vis-à-vis third parties in full or to the extent of any co-ownership interest in accordance with the preceding paragraph. The Supplier The buyer hereby accepts this assignment.
18.104.22.168 The Customer shall retain the right to collect the receivables f the Supplier does not do so. However, the Supplier undertakes not to collect the account receivable as long as the Customer complies with his payment obligations wit regard to the Supplier, is not in default of payment and in particular has not filed a petition for the opening of insolvency proceedings and payments have not been suspended. However, if this is the case, the Supplier may demand that the ordering party notifies him of the assigned claims and their debtors, provide all information required for collection, hand over the associated documentation and notify the debtors (third party debtors) of the assignment.
22.214.171.124 The Suppliers undertake to release the securities due to him at the request of the Customer insofar as the value of the securities exceeds the secured accounts receivable by more than 10 %; the securities released shall be at the discretion of the Supplier.
5. Warranty5.1 The Supplier asks the Customer to immediately complain about any obvious material or manufacturing defects on the goods ordered, including damages in transit. If the Customer is a consumer (sec. 13 BGB), not complaining immediately shall not, however, have any effects on the Customer’s legal rights.
If the Customer is a businessman (sec. 14 BGB), his compliance with his obligation of inspection, notification and rejection in accordance with sections 377, 381 of the German Commercial Code (Handelsgesetzbuch, HGB) shall form the prerequisite for the Suppliers liability for defects. All notifications concerning defective products made by a businessman need to be in written form. Notifications of defects in line with the duty to inspect and issue complaints pursuant to section 377 HGB shall be deemed to be given without delay and in due time if submitted by the Customer within 14 workdays. In order to meet this deadline, the timely dispatch of the notification within the prescribed period of time is sufficient. Irrespective of this obligation for inspection and reporting of complaints the contracting party must report obvious defects (including false and shortfall in delivery) within two weeks from delivery in writing whereby the timely dispatch of the report is also sufficient here in order meet the deadline. The Supplier does not assume liability for defects of which he has not been notified or of which he has not been notified in accordance with the deadlines mentioned in this paragraph.
5.2. For any other defects arising within the legal period of warranty, the legal demands for re-fulfillment, correction of faults or additional deliveries shall apply according to the Consumer’s choice, or – when the particular legal conditions are given – the more far-reaching claims to depreciation and withdrawal, or to indemnification, including the compensation of the damage as well as the compensation for wasted efforts.
5.3. If the Customer is a businessman (sec. 14 BGB) the Supplier has a right to choose whether he wants to carry out the subsequent fulfillment of the contract t hrough removal of the defect (rectification) or through the delivery of goods which are free of defects (replacement delivery). In any event the Supplier is entitled to make the subsequent performance owed dependent on the Customer's payment of the purchase price due; nevertheless, the Customer is entitled etain a commensurate share of the purchase price in relation to the given defect.
5.4. If the Customer is a businessman (sec. 14 BGB) the Supplier will bear the expenses required for the inspection of the supposedly faulty goods or of subsequent improvement or new delivery, such as costs of transport, way, work and material, only if it transpires that the goods were defective; if this is not the case, the Customer will assume all expenses. This does not affect the Supplier’s right to claim damages in case of unjustified complains concerning supposedly faulty goods.
5.5. With respect to businessmen the Supplier’s warranty period for goods delivered is 12 months. This shortening of statutes of limitations does not apply to claims stemming from injury to life, limb or health of a human being or in cases where there is deliberate intent or gross negligence on part of the Supplier; in addition to this also applies to mandatory liability in accordance with the German product liability law (Produkthaftungsgesetz) or liability because of a culpable breach of a main contractual obligation.
The legal special regulations shall remain unaffected for claims for return based upon a property right of a third person (sec. 438 para. 1 no. 1 BGB), in case of fraudulent intent of the Supplier (sec. 438 para. 3 BGB) and for suppliers' claims for recourse in case of final delivery to a consumer (sec. 478 BGB).
5.5. An additional guarantee for the delivered goods is granted only if it has been specifically stated in the respective confirmation message for the goods ordered.
6. Cancellation PolicyProvided that a Customer is consumer according to § 13 BGB he shall have a right of withdrawal in accordance with the relevant statutory provisions and paras. 61.-6.3. below. No such right of withdrawal exists if the Customer is a businessman sec. 14 BGBsec. that in concluding a legal transaction with the Supplier is acting in the execution of its commercial or independent business activity.
6.1. Right of WithdrawalYou have the right to cancel your declaration of contract without stating a reason within fourteen (14) days in written form (e. g. letter, e-mail) or – if you received the goods before expiry of the term – by returning the goods. The stated period of time starts on receipt of this information in written form, however not before receipt of the goods by the consignee (for recurring consignments of similar goods not before receipt of the first part-delivery), and also not before performance of our obligation of information according to Article 246 sec. 2 in association with sec 1 para. 1 and 2 EGBGB as well as our obligations according to sec. 312g section 1 sentence 1 BGB in conjunction with Article 246 sec. 3 EGBGB. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time.
The cancellation has to be send to:
mybacknumber UG (limited liability)
The right of withdrawal does not apply to contracts for the delivery of goods which are either custom-made according to your specifications or that are clearly custom-tailored to meet your personal demands or which are, due to their properties, not fit for reshipment.
6.2. Consequences of CancellationIn the event of an effective cancellation the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return or surrender the received goods and services as well as benefits enjoyed (e.g. benefits from usage) in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. For the deterioration of the goods or for benefits enjoyed this only applies insofar as the use or the deterioration of the goods is due to a handling of the goods which exceeds the testing of the properties and the functionality. “Testing of the properties and functionality” means examining and trying out the goods as it is possible and usual to do for instance in a retail shop. Goods that can be dispatched as parcels have to be returned at our risk. You have to bear the ordinary costs of return if the goods received are in conformity with those ordered, and if the price of the goods returned does not exceed an amount of 40 Euros, or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In any other case the return of the goods is exempt from charges. Goods that cannot be returned as parcels will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. The stated period of time starts for you with the dispatch of your declaration of cancellation or of the good, for us with their receipt.
6.3 Agreement on the costs for the return of goodsShould you choose to exercise your right of withdrawal, you have to bear the ordinary costs of return if the goods received are in conformity with those ordered, and if the price of the goods returned does not exceed an amount of 40 Euros, or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In any other case the return of the goods is exempt from charges.
End of Cancellation Policy
7. Data Protection7.1 The use of personal data provided by the Customer shall be carried out in compliance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Telemedia Act (Telemediengesetzes, TMG). 7.2. Personal customer data shall only be collected insofar as the Customer voluntarily provides such data by using the online shop. Personal data shall only be processed and passed on to third parties if such action is necessary to fulfill the contract between the Supplier and the Customer. Accordingly, the data shall be provided to the shipping company and – if necessary – to the bank processing payment. Beyond that, none of such details shall be passed on to any third party except the retransmission of data concerning sports club, membership, and place of living to the sponsor of sponsored back numbers.
After the handling of the order has been completed and we have received your full payment, your personal data will be blocked for other usage and will be erased at the end of the storage time prescribed by the applicable regulations acc tax law and commercial law regulations, provided that you have not agreed expressly to any further use of your data.
7.3. According to the Bundesdatenschutzgesetz (BDSG, German Federal Data Protection Act) if certain conditions are fulfilled, you have a right to have the data stored in our files corrected, blocked or deleted gratuitously. Data for accounting and bookkeeping purposes will remain unaffected by a cancellation/withdrawal. At any rate, you have a right to be informed about the personal data stored on (about?) you at any time. For this purpose, please contact us at the address named in the legal details.
7.4. Unless the Customer revokes their consent, the Supplier shall be permitted to use the Customer usage data for advertising, market research, and as seen fit, to create user profiles under a pseudonym-based username within the scope of the goods and services offered.
7.5. The contents of the data protection information as stipulated in No. 7 shall be available to the Customer under http://www.mybacknumber/data-protection at any time.
7.6. For questions regarding the collection, processing or use of personal data and for information, amendment, blocking or deletion of data and the revocation of consent granted the Customer can contact the Supplier under the address given above.
8. Final provisions8.1. This agreement is governed by the laws of the Federal Republic of Germany excluding UN sales law. The applicability of binding legislation of the state in which the Customer is habitually resident shall remain unaffected by this choice of law.
8.2. Should individual provisions of these General Terms and Conditions be or become null and void, the validity of the remaining provisions shall remain unaffected thereby.
8.3 The place of jurisdiction for all disputes arising from the contractual relationship is exclusively the Supplier’s registered office in Osnabrueck, if the Customer is a businessman as defined by sec. 14 BGB. Instead of bringing an action before the arbitral tribunal, the Supplier is also entitled to bring an action before the courts having jurisdiction at the Customer's place of business, or before other courts having jurisdiction according to law. The same place of jurisdiction applies if the Customer does not have any general place of jurisdiction in Germany, relocates his domicile or customary place of residence from Germany after conclusion of the contract or his domicile or customary place of residence is not known at the time that the action is brought. In all other cases the place of jurisdiction shall be determined by the generally applicable laws and regulations.
Osnabrueck, Germany, 2015 © mybacknumber UG (haftungsbeschränkt)