General terms and conditions

1. general

All services provided by Jerseyboys to the customer shall be performed exclusively on the basis of the following General Terms and Conditions. Deviating provisions shall only apply if they have been individually agreed between Jerseyboys and the customer.


2 Conclusion of contract

2.1 The offers of the online store on the Internet represent a non-binding invitation to the customer to order goods in the online store.

2.2 By ordering the desired goods on the Internet, the customer submits a binding offer to conclude a purchase contract.

2.3 Jerseyboys shall confirm receipt of the order without delay, at the latest 48 hours after receipt of the order. The order confirmation as well as the acceptance of an order by telephone do not constitute a legal acceptance on our part. The acceptance of the offer by us takes place only when we bring the goods to you for shipment. You will receive a written shipping confirmation by e-mail within 2 days. However, the customer is bound to his offer for a maximum of 7 days.

2.4 The subject of the contract are the goods ordered by the customer, especially merchandising articles and services in this context. With regard to the quality, the offer description shall apply, otherwise § 434 para.1 sentence 3 BGB shall apply.

3. revocation instructions

3.1 Cancellation policy

Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (m4k eSports GmbH, Steinkamp 2, 31303 Burgdorf, info@m4k-esports.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will 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 any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

 

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
- To m4k eSports GmbH, Steinkamp 2, 31303 Burgdorf, info@m4k-esports.de:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date
-------------
(*) Delete where inapplicable.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. goods with team logo).

The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
3.2 Cancellation policy - digital products

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (m4k eSports GmbH, Steinkamp 2, 31303 Burgdorf, info@m4k-esports.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will 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 repayment.

Sample cancellation form

(If you wish to revoke the contract, please fill out and return this form).

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date
-------------
(*) Delete where inapplicable.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer (e.g. goods with team logo).
The right of withdrawal expires prematurely if we have only begun with the execution of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal with the beginning of the contract performance on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

4. terms of payment, delivery, delay, retention of title.

4.1 All items will be delivered immediately, if available from stock.

Deliveries are only possible to delivery addresses in Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Lithuania, Latvia, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Czech Republic, Hungary, United Kingdom and Cyprus.

4.2 Unless otherwise agreed, delivery shall be made exclusively by advance payment. Delivery on account is only possible on the basis of separate agreements. Jerseyboys reserves the right to limit the payment methods between which a customer can choose, depending on the order value, shipping region or other factual criteria.

4.3 If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, provided that we have an address from you.

Your legal claims remain unaffected.

4.4 If invoices from Jerseyboys to the customer are not settled by the customer by the payment deadline stated in the invoice document, the customer is in default. In the event of late payment, Jerseyboys shall charge a flat-rate reminder fee of EUR 5.00 per reminder. However, the customer shall be permitted to prove that a lesser loss or no loss at all has been incurred.

4.5 During the default, the consumer shall pay interest on the monetary debt at a rate of 5% p.a. above the base interest rate. The entrepreneur shall pay interest on the debt at the rate of 8% p.a. above the base interest rate during the default. The right to claim further damages against the Entrepreneur shall be reserved.

4.6 Jerseyboys shall be entitled to use the services of trustworthy third parties to process payment. In the event of default in payment by the customer, Jerseyboys may assign its claims to a debt collection agency and transfer the personal data required for processing payment to this third party. In the event that a third party is involved in the processing of payment, the payment shall only be deemed to have been made in relation to Jerseyboys when the amount has been made available to the third party or Jerseyboys in accordance with the contract, so that the third party or Jerseyboys can dispose of it without restriction.

4.7 All prices stated are gross prices in euros, which include the statutory value added tax of currently 19% or 7%. The prices valid on the day of order shall apply.

4.8 The customer hereby agrees that Jerseyboys is entitled to send the invoice as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) to the customer by e-mail. Jerseyboys may, at its discretion, also send the invoice to the customer on paper.

4.9 The delivered goods shall remain the property of Jerseyboys until full payment has been made. In the event of resale of the goods by the customer, the retention of title shall remain in force.

5. packaging and shipping costs

5.1 We ship via the following shipping service providers: DHL, DHL Express, Deutsche Post and DPD.

5.2 For delivery within Germany we charge a flat rate of 4.99 EUR per order.

5.3 For delivery within Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Lithuania, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom we charge a flat rate of 12.99 EUR per order.

5.4 For delivery within Switzerland, we charge a flat rate of 16.99 EUR per order.

6 Place of performance, delivery time, transfer of risk

6.1 The delivery time is usually approx. 6 weeks (or 36 working days) calculated from the date of receipt of payment on the account of Jerseyboys. Delivery dates and delivery periods shall only be binding if they have been expressly confirmed as such in writing by Jerseyboys.

6.2 The delivery period shall be interrupted for the duration of the examination of proofs or release samples by the customer, namely from the day of dispatch to the customer until the arrival of the release. If the customer requests a subsequent change to the order which affects the production period, a new delivery period shall commence only upon confirmation of the change.

6.3 Partial deliveries are permissible in all cases, even in the case of fixed dates.

6.4 In the event that an agreed delivery period is culpably exceeded, a delay in delivery shall only be deemed to have occurred after a reasonable grace period has been set. Events of force majeure shall entitle us to postpone delivery for the duration of the hindrance. Strikes, lockouts and other circumstances which make delivery considerably more difficult or otherwise impossible for us shall be deemed equivalent to force majeure.

6.5 The place of performance for deliveries of goods shall be the registered office of Jerseyboys, unless otherwise agreed.

6.6 Shipment shall be at the expense and risk of the customer, even in the case of "free domicile" shipments. The risk shall pass to the customer as soon as the consignment has been handed over to the person or company carrying out the transport. We shall endeavor to take into account the customer's wishes with regard to the mode and route of shipment; any additional costs incurred as a result shall be borne by the customer.

6.7 Delivery shall be deemed to have taken place if the customer is in default of acceptance.


7 Warranty

If the supplementary performance is carried out by way of replacement delivery, the customer shall be obliged to return the goods first delivered to us within 7 days at our expense. The return of the defective goods shall be made in accordance with the statutory provisions. We reserve the right to claim damages under the conditions regulated by law.


8 Liability for defects

Information on liability for defects: The statutory liability for defects shall apply.


9. data protection

Our privacy policy is available at https://www.jerseyboys.eu/datenschutz/.

10. copyrights/proprietary rights of third parties, release from liability, unauthorized designs

10.1 If the customer transmits its own motif or otherwise influences the product (e.g. text personalization), the customer shall assure Jerseyboys that the text and motif are free of third-party rights. In this case, any copyright, personality or name right infringements shall be fully borne by the customer. Also the customer assures that he does not violate any other rights of third parties by individualizing the product. In principle, each customer is responsible for obtaining the written permission of the rights holder for the use of legally protected lettering, logos, illustrations, slogans or designs and to present this to Jerseyboys without being asked to do so.

10.2 The customer shall indemnify Jerseyboys against all claims and demands asserted on account of the infringement of such third-party rights, insofar as the customer is responsible for the breach of duty. The customer shall reimburse Jerseyboys for all defense costs and other damages incurred.

10.3 Inscriptions, illustrations or other custom-made products at the request of the customer that violate the privacy of third parties, contain pornography, serve the dissemination of prohibited propaganda material or incite to commit or participate in criminal acts shall not be implemented by Jerseyboys.

10.4 Especially clubs should consider possible guidelines, requirements and restrictions of their associations. Jerseyboys assumes no liability or warranty for possible violations. This applies in particular to regulations concerning sponsor sizes and representations as well as the representation of the number and name.


11. other liability

11.1 Jerseyboys shall only be liable for damages, irrespective of the legal grounds, if these are caused by intent or gross negligence or the culpable breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely. In the event of simple negligence, liability shall be limited to the foreseeable damage typical of the contract.

11.2 The aforementioned limitations and exclusions of liability shall not apply to damages resulting from injury to life, limb or health for which Jerseyboys is responsible as well as to liability under guarantees and under the Product Liability Act.

 

12. product labeling, self-promotion and own copyright

12.1 All articles supplied by us shall bear in principle

-one or more externally visible Jerseyboys logos and/or lettering

one or more sewn-in, externally visible woven labels with Jerseyboys logo and/or lettering

one or more sewn-in inner labels with the Jerseyboys logo and/or lettering.

In addition, other materials on the textile, such as elastics or zippers, may also have Jerseyboys trademarks.

12.2 Jerseyboys shall be entitled to depict products produced by it in its own catalogs and other print media, advertisements, etc. and to present them at exhibitions.

12.3 Jerseyboys may name the customer as a reference in any medium. This shall also include the naming and use of any protected designations or logos. Jerseyboys is not obliged to mention the customer. The customer may restrict or prohibit the naming if there are important reasons.

12.4 In case of misproduction or overproduction Jerseyboys has the right to provide the products as samples to other customers or to use them for internal test series.

12.5 The contents and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.


13. technical and creative deviations

We expressly reserve the right to deviate from the descriptions and information in our brochures, catalogs and other written and electronic documents with regard to material properties, color, weight, dimensions, design or similar features, provided that these are reasonable for the customer. Reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes.
Prior to the production of the goods, a visualization of the final product will be created by us on the basis of the data submitted by the customer. We point out that the visualization is only a non-binding preview. During production, there may be deviations in terms of scale, positioning and colors.

The color designations and size specifications used by us are chosen by us and/or the manufacturers and are not subject to any standardization. Therefore, there may be differences in color and size between different manufacturers and their products.
With regard to the colors shown, we expressly point out that the representation of a color varies from screen to screen. The representation of the color shown in the store can therefore alone not completely correspond to the color of the product. Furthermore, it should be noted that in digital printing, depending on the textile and the textile batch, different printing results may occur. A color-fast and constant printing result can therefore not be guaranteed.

The textile articles are to be washed before the first wearing. There are production-related chemical residues on the textiles which are harmless to health and which can lead to reactions with body perspiration when worn.
This may result in discoloration of the textiles, which does not constitute a defect.


14. miscellaneous

For the settlement of disputes in online commerce between consumers and traders, the EU Commission has established a platform (the so-called OS platform). This platform and further information can be reached under the following link: https://ec.europa.eu/consumers/odr

We are not obliged to participate and ask for your understanding that we are not willing to do so.

15. contents and links on our pages

15.1 The contents of our pages have been created with the utmost care. However, we cannot guarantee the accuracy, completeness and timeliness of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 para.1 TMG under the general laws. According to §§ 8 to 10 TMG, we are not obligated to monitor transmitted or stored information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.

15.2 Our offer contains links to external websites of third parties, on whose contents we have no influence.

We can therefore not assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages.

The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.

The validity of the UN Convention on Contracts for the International Sale of Goods is excluded, German law applies. With an order the general terms and conditions of the online store are accepted.


16. final provisions

Place of performance and jurisdiction for all disputes arising from this contract is our place of business.


17. severability clause

Should individual provisions of these terms and conditions be or become invalid in whole or in part, or should they contain a loophole, the validity of the remaining provisions or parts of the terms and conditions shall remain unaffected. Instead of the ineffective or missing provisions, the respective statutory provisions shall apply, unless a provision can not be found according to the economic purpose of the provision.

English