Unofficial Translation
The official language of these general business terms is German. In case of conflicting interpretations the German version is preferred.
4 Stars – 111 Years
The biggest chronicle of the FC Bayern ever
§ 1 Scope of application
Only the version of general business terms in force at the time of the order apply for the business relation between powerplay medienholding AG and the purchaser. We shall not accept terms and conditions of the purchaser which conflict with or differ from our terms and conditions, unless we have given our explicit written consent to their applicability.
§ 2 Formal contract
Your order is regarded as offer to us for the conclusion of a sale contract. If you order a book from us, you'll receive a written confirmation (via email, fax or letter), which confirms the receiving of your order with your specified details. This confirmation is not an acceptance of your offer, but an information that we received your order. A contract shall only materialise upon our written acknowledgement of the order (via email, fax or letter). Together with this acknowledgement you'll receive an invoice for your order and an information about the anticipated delivery date.
§ 3 Due date, payment, delay of payment and delivery
The invoiced amount is due within 14 days after receiving the invoice without any deduction and shall be paid into the account of powerplay medienholding AG. Other means of payment are not accepted. If the purchaser fails to meet the granted period of payments even after an overdue notice, the purchaser comes into delay of payment. We are entitled to claim default interest at the rate of 5 % p.a. above the respective base interest rate of the German Bundesbank. This shall not affect the right to compensatory damages over and above this.
The purchaser may only set off with counterclaims which are undisputed or have been acknowledged by us. A set-off is only possible if the counterclaims are based on the same contractual relationship.
The delivery of the ordered book takes only place on advance payment, i.e. after complete payment of the invoiced amount. Unless otherwise agreed, the book will be delivered ex stock to the address given by the purchaser. The costs for packing and shipment are 44 Euro (within Germany) and are due immediately before shipping. It is possible to collect the book free of charge at the stock after previous appointment. Dates for delivery shall not be binding, unless explicitly agreed upon in writing as binding.
powerplay medienholding AG reserves ownership of the goods until complete payment.
§ 4 Right of withdrawal
The purchaser has the right to withdraw his offer for conclusion of a sales contract (order) within two weeks after arrival of the book in written form (via email, fax or letter) or by returning the order. The withdrawal needs no explanation. Punctual dispatch of the writing or the order suffices to comply with the time limit. Please send your writing or the order to
powerplay medienholding AG
Seepromenade 53
14476 Potsdam
Fax: + 49 (0) 33201 / 501 – 10
E-Mail: info@powerplay.ag
The time limit for withdrawals starts with the receipt of this instruction as text, but not before the arrival of the order and not before compliance with the legal duty to inform.
In case of an effective withdrawal received goods and services have to returned on both sides. If you can't return the received goods or only in parts respectively in a worsened condition, you are obliged to afford indemnification, unless the worsened condition is due exclusively to the examination. Indemnification is expecially to afford if the book contains clear custom traces like they develop by careless page turning (torn or kinked pages, spots). You can avoid being called upon indemnification if you restrict your examination to comparing the chronicle to the given details in specification and content and handle it with care to avoid damages and marks.
The purchaser is obliged to return the chronicle in case of an effective withdrawal. The costs for return will be refunded. The certificate with the name of the purchaser and the consecutive numbering (originally signed by Uli Hoeneß and Karl-Heinz Rummenigge) is part of the chronicle and has to be returned as well. If the certificate is not returned, the purchaser has to pay a general indemnification of 250,00 Euro to the powerplay medienholding AG.
§ 5 Passing of risk
The risk of accidental destruction and accidental worsening of the sold good passes over to the purchaser by delivery. The delivery is also set if the purchaser is in delay of acceptance.
§ 6 Warranty
We shall provide warranty for defects of the goods by repairing or replacing defective goods. We are entitled to refuse the chosen warranty if it is impossible or unacceptable because of excessive costs or the other way for warranty has only minor disadvantages for the purchaser. If repairing or replacing is impossible, disproportianal expensive or unacceptable, the purchaser may withdraw from the contract or reduce the prize or claim indemnification if the defect is based on legal grounds.
We shall not be liable for further compensatory damages regardless of their legal grounds if not mentioned otherwise below. We are not liable for damages which are not on the chronicle itself. We are especially not liable for lost profit or other financial losses of the purchaser. Where our liability for compensatory damages is excluded or limited, this shall equally apply in respect of the personal liability of our employees, workers, staff members, representatives and agents in performance.
If warranty is provided by replacement, the purchaser is obliged to return the damaged good within 30 days if this is asked by us. If we don't receive the good within the time limit, we are entitled to invoice the price for the replacement.
§ 7 Collection, processing and use of personal information of our customers
Personal information are stored for the processing of orders, the delivery of goods or services as well as for the payment process (in case of invoices also for necessary examination). The purchaser is informed about this and expressly accepts the collection, procession und use of personal information.
§ 8 Final clause
The entire contractual relationship is exclusively subject to the laws of the Federal Republic of Germany. The CISG (UN Sales Law Convention of 11 April 1980 on the International Sale of Goods) is excluded. If the purchaser is a registered merchant, a legal entity of the public right or public special estate, the place of jurisdiction for all legal disputes arising from the contractual relationship and regarding its existence and/or validity is Berlin. If individual provisions of the sales contract or these general terms are or become invalid, this shall not affect the validity of the other provisions.
