Terms of service

1. Scope and contracting party

These Terms and Conditions apply to orders for goods, design services and digital content in the Jerseyboys online shop. Your contracting party is Marcheel Media & Merchandise, owner Dennis Marcheel, Steinkamp 2, 31303 Burgdorf, Germany (referred to below as “Jerseyboys”).

Individual agreements between Jerseyboys and the customer take precedence over these Terms and Conditions.

2. Conclusion of the contract

2.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.

2.2 By activating the final button to place an order with an obligation to pay, the customer submits a binding offer to conclude the contract. Before this step, the customer may review the order and their entries and correct them using the functions provided.

2.3 The contract is concluded when we accept the customer's offer by an express order confirmation by email, request payment after the order is placed, dispatch the goods, begin the ordered service or provide access to the ordered digital content. Whichever event occurs first is decisive. An automated acknowledgement that the order has been received only constitutes acceptance if its content expressly states this.

2.4 The contract covers the goods, services and/or digital content ordered by the customer. The relevant product description and individual agreements are decisive. The scope, execution and any usage rights granted for a design service are determined by the specific offer ordered and the agreements made in relation to it.

3. Withdrawal information for consumers

Right of Withdrawal

The following withdrawal information applies to consumers.

Unless a statutory exclusion applies or the right of withdrawal has expired early, you have the right to withdraw from this contract within fourteen days without giving any reason.

For goods, the withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods, meaning from receipt of the goods. If you ordered several goods in a single order and they are delivered separately, the withdrawal period begins upon receipt of the last item. If one item is delivered in several consignments or pieces, the period begins upon receipt of the last consignment or piece.

For services and digital content not supplied on a tangible medium, the withdrawal period is fourteen days from conclusion of the contract.

In the cases described above, the withdrawal period does not begin until you have been properly informed of your right of withdrawal.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement, for example by letter or email:

Marcheel Media & Merchandise
Owner: Dennis Marcheel
Steinkamp 2
31303 Burgdorf
Germany
Telephone: 05136 / 8783994
E-Mail: [email protected]

This is not a customer helpline. For order enquiries, please contact [email protected] .

You may use the model withdrawal form below, but this is not mandatory.

You can also exercise your right of withdrawal online at Withdraw from contract . If you use this online function, we will send you an acknowledgement of receipt without undue delay on a durable medium, for example by email, including the content of your withdrawal statement and the date and time it was received.

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs, except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us, without undue delay and no later than fourteen days from the day on which we receive your notice of withdrawal. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you incur fees as a result of the reimbursement.

For goods, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is earlier.

If you have received goods, you must send them back or hand them over to Marcheel Media & Merchandise | Owner: Dennis Marcheel, Steinkamp 2, 31303 Burgdorf, without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

Muster-Widerrufsformular

If you wish to withdraw from the contract, please complete this form and return it.

To:
Marcheel Media & Merchandise | Owner: Dennis Marcheel
Steinkamp 2
31303 Burgdorf
Germany
E-Mail: [email protected]

– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s), only if this form is notified on paper
– Date

(*) Delete as appropriate.

Exclusion of the right of withdrawal for custom-made goods

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and whose manufacture is determined by an individual choice or specification made by the consumer, or that are clearly personalised to the consumer's needs (section 312g(2), no. 1 of the German Civil Code, BGB).

This applies in particular to goods that we print, decorate or manufacture with team logos or other individual content according to your custom specifications, provided that the statutory conditions described above are met.

Early expiry for digital content

For paid contracts for digital content not supplied on a tangible medium, the right of withdrawal expires early if we begin performance after you have expressly consented to performance beginning before the end of the withdrawal period, acknowledged that your consent means you lose the right of withdrawal when performance begins, and we have provided confirmation in accordance with section 312f BGB. This confirmation records your consent and acknowledgement.

Right of withdrawal for services and early commencement of performance

For services, the withdrawal period is generally fourteen days from conclusion of the contract, but does not begin before you have been properly informed of the right of withdrawal. For paid services, the right expires early when the service has been fully performed, provided that before performance began you expressly consented to us starting before the end of the withdrawal period and acknowledged that you would lose the right of withdrawal once we had fully performed the contract.

If you expressly requested the service to begin before the end of the withdrawal period and were properly informed of the right of withdrawal and the obligation to pay proportionate compensation, a reasonable amount is payable for services already provided when you withdraw. This corresponds to the proportion of the agreed total service already performed. If the agreed total price is disproportionately high, the market value of the service performed is used instead. No compensation is payable when withdrawing from a contract for digital content not supplied on a tangible medium.

4. Payment and retention of title

4.1 Payment is made using the methods offered at checkout for the specific order. Available payment methods are displayed before the order is submitted.

4.2 Prices are shown in the currency displayed in the online shop and are final prices including any applicable statutory VAT. Shipping costs are stated separately.

4.3 Physical goods are produced or decorated only after payment has been confirmed. Delivery is made to the address supplied by the customer.

4.4 Statutory provisions apply in the event of late payment. Losses caused by late payment are claimed only to the extent permitted by law.

4.5 We may use suitable service providers to process payments or enforce justified claims. Details of personal data processing are provided in our Privacy Policy.

4.6 Delivered goods remain our property until paid for in full.

5. Shipping costs and delivery areas

5.1 Goods are delivered to the address supplied by the customer within the delivery areas offered in the online shop.

5.2 Shipping terms and costs are available through the shipping information linked beside the prices. Shipping costs for the specific order are shown at checkout before the order is submitted. Standard shipping is free to all available delivery countries for orders of €100 or more.

5.3 Deliveries to countries outside the European Union may incur additional customs duties, import taxes or fees payable by the customer.

6. Delivery time and transfer of risk

6.1 Delivery times for physical goods are stated in the online shop. The times shown for an item apply to delivery addresses in the European Union (EU), Switzerland, the United Kingdom, Norway, Monaco and Singapore. The stated total delivery time includes production and subsequent shipping and begins when payment is confirmed. Working days are Monday to Friday, excluding public holidays at the delivery destination.

6.2 We will inform the customer without undue delay of foreseeable delivery delays. The customer's statutory rights in the event of delay remain unaffected.

6.3 For consumers, the risk of accidental loss or deterioration passes only when the goods are handed over to the consumer or a person authorised by them to receive the goods who is not the carrier.

6.4 Partial deliveries are made only where reasonable for the customer. Items in an order may arrive in separate consignments and at different times, particularly because of different shipping locations or special protective packaging, for example for mugs. This does not incur additional shipping costs for the customer. The delivery times stated for the individual items remain decisive.

7. Statutory rights in respect of defects

Statutory rights in respect of defects apply to the goods, services and digital content ordered.

Claims for defects in new goods are generally subject to a limitation period of two years from delivery, meaning receipt of the goods. Special statutory provisions, particularly suspensions and extensions of the limitation period, remain unaffected. Statutory rights in respect of defects also apply to custom-made goods and are not restricted by an exclusion of the right of withdrawal.

8. Data protection

Our online shop is hosted by Shopify. During visits and purchases, Shopify also processes data for additional services that incorporate information from interactions with other merchants and Shopify. Data may be transferred to Shopify and other service providers in other countries for this purpose. Details about processing, consent and your rights are provided in our Privacy Policy.

9. Content supplied by the customer

9.1 If the customer supplies content such as logos, lettering, artwork or other materials, they must hold the rights needed for the agreed use. The commissioned use must not infringe third-party rights.

9.2 The customer grants us the usage rights in the supplied content needed to fulfil their order. This includes the agreed editing, reproduction and use to manufacture the ordered products, and the necessary sharing with commissioned production providers.

9.3 If the customer culpably breaches the obligations in section 9.1, they indemnify us against justified third-party claims insofar as these result from the breach for which they are responsible. This includes necessary and reasonable legal defence costs. Any contributory fault on the part of Jerseyboys must be taken into account.

9.4 We may reject orders whose fulfilment would violate applicable law or third-party rights. Statutory rights and obligations for contracts already concluded remain unaffected.

10. Liability

10.1 We are liable without limitation for intent and gross negligence and for losses resulting from culpable injury to life, body or health.

10.2 In other cases of ordinary negligence, we are liable for breach of an essential contractual obligation. These are obligations whose fulfilment is necessary for proper performance of the contract and on whose compliance the customer may normally rely. In this case, liability is limited to the typical contractual loss foreseeable at the time the contract was concluded.

10.3 Liability under the German Product Liability Act, for fraudulent concealment of a defect, under a guarantee we have given, and under other mandatory statutory provisions remains unaffected. The statutory rights in respect of defects in section 7 are not excluded by these liability provisions.

11. Product labelling and self-promotion

11.1 Goods manufactured by us may bear identifiers such as logos,
lettering or labels belonging to our business.

11.2 We may display products manufactured by us for
self-promotional purposes, for example on our website or social media,
provided that this does not infringe the customer's legitimate interests.

11.3 Jerseyboys may depict products it has produced in its own catalogues and other print media, advertisements and similar materials, and present them at exhibitions.

11.4 Jerseyboys may name the customer as a reference in any medium. This includes naming and using any protected designations or logos. Jerseyboys is not obliged to name the customer. The customer may restrict or prohibit this use where there are compelling reasons.

12. Technical and design variations

12.1 Products in the online shop are presented using
example images and visualisations. These are for illustration
and do not constitute a binding guarantee of characteristics.

12.2 Production-related variations in colour, positioning, scale,
material characteristics or print appearance may occur for technical reasons, particularly with custom-made
goods. Insofar as they are reasonable for the
customer, they do not constitute a defect.

12.3 Variations caused by different screen displays,
production methods or material batches are technically unavoidable.

13. Applicable law and jurisdiction

13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of protection under mandatory provisions of the law of their habitual residence that would apply without this choice.

13.2 Statutory rules on jurisdiction apply to consumers.

13.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered place of business is the place of jurisdiction for disputes arising from the contractual relationship, insofar as such an agreement is legally permitted.

14. Validity of the provisions

If individual provisions of these Terms and Conditions are or become wholly or partly invalid, the remaining provisions remain valid. Statutory provisions replace invalid provisions.

15. Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.