PSG’s Specific Terms and Conditions of Sale
1 DEFINITIONS
1.1 The purpose of the present specific terms and conditions of sale ("Terms”) is to define the conditions under which Paris-Saint-Germain Football ("PSG"), a Société par actions simplifiée, a company registered under French law, registered with a capital of 511,449,998.40 euros (RCS Paris 382 357 721) whose registered office is located at 24, rue du Commandant Guilbaud – 75016 Paris, France, offers for sale one or more products or experiences via an online sale through the online platforms created, hosted and maintained by MatchWornShirt ("MWS Platforms"), a private company MatchWornShirt B.V., with offices in Amsterdam, the Netherlands and registered with the Chamber of Commerce under number 69115494 (“MWS”).
1.2 The Terms apply to all transactions involving the sale of one or more products or experiences by PSG to a user of the MWS Platforms (a “User”) via an online sale through the said MWS Platforms. No purchase and/or bids shall be made in connection therewith without prior acceptance of the present Terms by the User.
1.3 Important: the purchase of PSG Items on MWS Platforms implies unreserved acceptance of the present Terms.
1.4 PSG, in consultation with MWS, reserves the right at any time to modify, change or update the Terms periodically. User shall accept changes to the Terms prior to any subsequent purchases and/or bids.
1.5 User is advised to take and retain a copy of the Terms on the day it places an order and/or a bid on the MWS Platforms.
2 ITEMS
2.1 Through MWS Platforms, PSG offers for sale to the Users match worn / match issued (and if indicated signed) football shirt of the relevant player of the PSG team (the "PSG Items").
2.2 The characteristics of the PSG Items are described in the information sheets available on the MWS Platforms.
The User is understood to have read this description carefully when placing an order and/or a bid on the MWS Platforms, as the characteristics of the PSG Items may change. Only the characteristics of the PSG Items displayed at the time of the order and/or bid are applicable.
2.3 The images of the PSG Items featured on MWS Platforms are for illustrative purposes only and although every effort is made to display colors accurately, PSG cannot guarantee that a device's display of the colors accurately reflects the color of the products. The PSG Items may vary slightly from the said images.
3 PROCESS OF ONLINE SALE
3.1 The User must comply with the MatchWornShirt Terms of Use (available at the following link: https://www.matchwornshirt.com/terms-and-conditions) in order to be entitled to participate in the sale of PSG Items online on the MWS Platforms.
3.2 The said MatchWornShirt Terms of Use (available at the following link: https://www.matchwornshirt.com/terms-and-conditions) furthermore provide the conditions in which the Users may place bids relating to the sale of PSG Items, and more generally, the course of the online sale of PSG Items on MWS Platforms.
3.3 PSG and MWS have the right at all times, both before, during and after an online sale of PSG Items, to temporarily or permanently restrict Users from making a bid on PSG Items and/or to take effective necessary measures.
3.4 After the online sale of PSG Items on MWS Platforms ends, PSG shall confirm its acceptance of a bid made by a User during the online sale (the “Winning Bid”), by communicating such acceptance to MWS, who will relay this information to the User with the Winning Bid. For the avoidance of any doubts, PSG reserves the right to confirm its acceptance of a bid other than the highest bid made by a User for a PSG Item during the online sale on the MWS Platforms.
3.5 The purchase agreement is entered into between PSG and the User who has made the Winning Bid (the “Purchaser”) as a result of the confirmation by PSG of its acceptance of the said Winning Bid. MWS is not a party to the said purchase agreement.
4 PRICE AND PAYMENTS
4.1 The price of a PSG Item is the amount of the Winning Bid confirmed and accepted by PSG.
4.2 The Purchaser shall pay the amount of the Winning Bid to MWS based on the payment instructions provided by MWS, as mentioned in section 7 of its Terms of Use available at the following link: https://www.matchwornshirt.com/terms-and-conditions.
4.3 Placement of a bid by a User for a PSG Item on the MWS Platforms shall be deemed to be a firm and irrevocable undertaking by the User to pay the amount of that bid for said PSG Item upon acceptance and confirmation by PSG of such bid and in accordance with the means and terms of payment set forth in MWS’s Terms of Use (section 7) available at the following link: https://www.matchwornshirt.com/terms-and-conditions.
5 DELIVERY
5.1 The conditions and timing of delivery of PSG Items sold on the MWS Platforms are expressly provided by MWS, as mentioned in section 8 of its Terms of Use available at the following link: https://www.matchwornshirt.com/terms-and-conditions.
6 WITHDRAWAL RIGHT
6.1 When acting as a consumer within the meaning of the preliminary article of the French Consumer Code and/or within the meaning of article 2 of the European Directive 2011/83/EU on consumer rights (a “Consumer”), the Purchaser has a right of withdrawal.
Notwithstanding the foregoing, the Purchaser has no right of withdrawal in respect of PSG Items because they are always offered during or immediately after the match and are not suitable to return to the market or the Seller due to the one-off / temporary nature of the offer (straight from the pitch), the price that has been set at a specific moment (matchday) and the hygienic nature of the PSG Items (a worn / issued Shirt).
7 LEGAL GUARANTEES
7.1 The PSG, as seller, is held liable for defects in conformity of the PSG Items sold under the conditions of article L. 217-4 and following of the French Consumer Code and for hidden defects in the PSG Items sold under the conditions provided for in articles 1641 and following of the French Civil Code.
7.2 "The Consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the Consumer is only required to establish the existence of the lack of conformity but not the date of its appearance.
"Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
"The legal guarantee of conformity entails an obligation on the part of the PSG, where applicable, to provide any updates necessary to maintain the conformity of the goods.
"The legal guarantee of conformity shall give the Consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience for him.
"If the goods are repaired under the legal guarantee of conformity, the consumer shall benefit from a six-month extension of the initial guarantee.
"If the Consumer asks for the good to be repaired, but the PSG imposes a replacement, the legal guarantee of conformity shall be renewed for a period of two years from the date of replacement of the good.
"The Consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :
"1° The PSG refuses to repair or replace the goods;
"2° The goods are repaired or replaced after a period of thirty days;
"3. The repair or replacement of the goods causes major inconvenience to the Consumer, in particular where the Consumer definitively bears the cost of taking back or removing the non-conforming goods, or if the Consumer bears the cost of installing the repaired or replaced goods;
"4° The non-conformity of the goods persists despite the PSG's unsuccessful attempt to bring them into conformity.
"The Consumer is also entitled to a discount on the price of the goods or to rescind the agreement when the lack of conformity is so serious that it justifies the discount or the rescission of the agreement immediately. The Consumer is then not obliged to request the repair or replacement of the goods beforehand.
"The Consumer shall not be entitled to rescind the sale if the lack of conformity is minor.
"Any period of immobilization of the goods for the purpose of repair or replacement shall suspend the guarantee that was still running until delivery of the repaired goods.
"The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
"If the PSG hinders the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
7.3 "The Consumer also benefits from the legal guarantee for hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years as from the discovery of the defect. This guarantee entitles the Consumer to a price reduction if the goods are kept or to a full reimbursement in exchange for the return of the goods.”
7.4 Please find here below for the Purchaser’s information the translation of some of the articles of the French Consumer Code:
Article L217-3 of the French consumer Code: “The seller shall deliver goods that conform to the contract and to the criteria set forth in Article L. 217-5.
He is responsible for the defects of conformity existing at the time of the delivery of the good within the meaning of article L. 216-1, which appear within two years as from this one. (…)
The seller shall also be liable, during the same time period, for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to articles 2224 and following of the French Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.”
Article L217-4 of the French consumer Code: “The goods conform to the contract if they meet the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L217-5 of the French consumer Code: “I. In addition to the criteria of conformity to the contract, the good is conforming if it meets the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller has presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° it corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.
II. However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if he demonstrates:
1° that he did not know them and was not legitimately able to know them;
2° that, at the time the contract was entered into, the public statements had been corrected in a manner comparable to the original statements; or
3° that the public statements could not have influenced the decision to purchase.
III. The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he expressly and separately consented at the time of the conclusion of the contract.”
Article 1641 of the French civil Code: “The seller is bound by the warranty for hidden defects of the good sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.
Article 1648 of the French civil Code: “The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect. (…)”.
7.5 If the Purchaser wishes to exercise its legal rights in the event of a non-conformity or hidden defect of the PSG Items under the relevant statutory warranties, it shall contact PSG customer service (see contact details at article 11) which will guide the Purchaser regarding how to return products, and/or request a repair or a replacement or a reimbursement of the Items concerned.
8 PERSONAL DATA PROTECTION
8.1 In the context of the sale of PSG Items on the MWS Platforms, MWS is required to collect and process personal data from Purchasers in compliance with EU Regulation 2016/679 of 27 April 2016 on the protection of personal data (“GDPR”) and French Law 78-17 of 6 January 1978 on data processing, files, and freedoms.
8.2 MWS acts as a data controller.
8.3 The data is collected and treated in accordance with their Privacy Policy available at the following URL address https://liveauction.psg.fr/privacy-policy, which concerns identification data (such as surname, first name, email address, telephone number, etc.). This data is used for the sole purpose of processing and execution of the purchase agreement between the PSG and the Purchaser for the sale of PSG Items on the MWS Platforms. The legal basis for this data processing is thus the execution of the purchase agreement.
8.4 Such Purchaser’s data is kept confidential by the PSG for a period of five (5) years from the Purchaser’s last order.
8.5 The Purchaser may, in the event of incorrect use or processing of its data, also file a complaint with the CNIL (https://www.cnil.fr/fr/plaintes).
9 LIABILITY
9.1 In accordance with Article L. 221-15 of the French Consumer Code, PSG shall not be held liable in the event of non-performance or poor performance of the present Terms attributable to the behavior of the Purchaser, to an unforeseeable or unavoidable act of a third party or to an event of force majeure.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights, whatever their nature, owned by the PSG and reproduced within the MWS Platforms are and remain the exclusive property of PSG, and are exclusively reserved to it.
10.2 Under these conditions, no one is authorized to reproduce, represent, exploit, adapt, disseminate, or use, by any process whatsoever, for any purpose whatsoever, in part or in full, the intellectual property rights owned by the PSG and reproduced on the MWS Platforms, without the prior written consent of PSG.
11 CONTACTS AND CUSTOMER SERVICE
11.1 Purchaser may contact customer service by email at any time via the following contact details: MatchWornShirt B.V. - H.J.E. Wenckebachweg 210, 1096 AS Amsterdam (the Netherlands) - info@matchwornshirt.com or by phone at - +31 85 9024850
12 DISPUTE RESOLUTION
12.1 The present Terms are governed by French law subject to the mandatory rules of the country where the Purchaser (when acting as a Consumer) has its habitual residence.
12.2 In the event of a dispute, when the Purchaser is acting as a Consumer, it may have recourse to a conventional mediation procedure or to any alternative dispute settlement method. The mediator appointed by the PSG is AME CONSO, which the Consumer can contact either electronically (www.mediationconso-ame.com), by regular mail (AME CONSO, 11 place Dauphine – 75001 – Paris). In such a case, the Purchaser may also refer to the online dispute resolution on the online EU Commission platform. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
13 MISCELLANEOUS
13.1 In the event that one or more provisions of these Terms are considered unlawful, void, inapplicable or unenforceable in application of a law, regulation or pursuant to a final decision of any court or relevant authority, the other provisions shall remain in full force and effect.
13.2 The fact that one of the parties does not effectively exercise any of its right conferred by the present Terms, or exercises it late or partially, may never be considered as a waiver of the exercise of such right and shall not affect the exercise of any other right provided for in the Terms.
13.3 Any communication, notice, notification and/or transmission of information between PSG and a User by electronic means shall be deemed to have the same probative force as a written paper document.
MatchWornShirt Terms of Use
These terms of use ("Terms of Use") apply to any use of the Service and the Online Platform as defined below. Please read these Terms of Use carefully so that you, the user, know what your rights and obligations are when you make use of the Service.
1 DEFINITIONS
The following terminology applies to these Terms
1.1 Account: the personal section on the Online Platform with the (personal) data entered by the User or from User social media account(s), which is created by the User when registering for the Service and which is managed by the User.
1.2 Commercial Purchaser: a User who uses the Service to purchase Items as part of its trade, business, craft or professional activities and has informed MatchWornShirt thereof by entering its company name and VAT identification number to the Account that he uses to purchase Items in light of its trade, business, craft or professional activities.
1.3 Bid: an amount offered by a User for an Item, including VAT (if any).
1.4 Buy Now: an Item can be purchased for a fixed price if this is indicated on the product page of the Item on the Platform.
1.5 VAT: value added tax within the meaning of Directive 2006/112 / EC of 28 November 2006 on the common system of value added tax and other taxes of a similar nature.
1.6 Club: a sports organisation or sport club foundation or related organization that offers its Items via the Online Platform.”
1.7 MatchWornShirt: the private company (besloten vennootschap) MatchWornShirt B.V., with offices in Amsterdam, the Netherlands and registered with the trade register of the Chamber of Commerce under number 69115494.
1.8 Consumer: a User who is a natural person, and concludes potential Purchase Agreements for purposes that fall outside the scope of its business or professional activity.
1.9 Third Party Service Provider: a third party other than the Seller, not affiliated with MatchWornShirt, that offers certain items, services, applications or websites via the Online Platform, including, but not limited to, payment services or shipping services. The use of such items, services, applications or websites is governed by and is subject to the terms and conditions and privacy statement of the third party service provider.
1.10 Service: the services offered by MatchWornShirt via the Online Platform, which are known from, and described on, the Online Platform and in these Terms of Use, including the possibility for Clubs to sell Items by means of an online, automated Sale; and related additional services. For related additional services, such as payment services offered by the Online Platform, MatchWornShirt may use third party service providers. You can be informed at any time about the use of such third party service providers when you use our Service.
1.11 User: any natural or legal person who creates an Account, uses the Service or engages on the Online Platform without registering.
1.12 Information: all material and all information placed on the Online Platform by MatchWornShirt or made accessible via the Online Platform.
1.13 Intellectual Property Rights: all rights of intellectual property and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how.
1.14 Item: one or more products or experiences that are offered for sale by a Seller via an Online Sale on the Online Platform.
1.15 Purchase Agreement: the purchase agreement concluded via the Online Platform between the Seller on the one hand and the Purchaser on the other regarding a certain Item.
1.16 Purchase Price: the amount of the highest Bid that the Purchaser owes to MWS on behalf of the Seller plus any payment handling fees and shipping fees that may apply to the purchase.
1.17 Purchaser: the User who enters into a Purchase Agreement with a Seller via the Online Platform.
1.18 Online Platform: the digital environment of MatchWornShirt that can be accessed via the Internet and where Users are enabled to purchase the Service by means of the software developed and offered by MatchWornShirt, such as accessible via, among other things:
and other top level domains registered by or on behalf of MatchWornShirt, including all subdomains and subpages thereof, as well as the mobile versions of those websites, as well as all software and (mobile) applications with which the Service can be used, including on mobile devices such as smartphones and tablets.
1.19 Online Sale: the online, automated Sale of Items by Sellers on the Online Platform.
1.20 Allocation: the fully automated message to the Purchaser that he has made the highest Bid and that he has purchased the Item.
1.21 Seller: a Club or MatchWornShirt that offers one or more Items for sale on the Online Platform. The Seller retains an active role during the Online Sale (e.g., determination of the starting price, duration of the Online Sale, and the possibility to withdraw Items from the Online Sale).
2 APPLICABILITY OF AND AMENDMENTS TO THE TERMS OF USE
2.1 The Terms of Use apply to every use of the Service on the Online Platform. By using the Service, by visiting the Online Platform and / or by accepting these Terms of Use when creating an Account, User agrees to these Terms of Use. In addition, the Terms are applicable to all (legal) acts by MatchWornShirt with, for or in relation to User, including extra-contractual obligations. All stipulations in these Terms are also made for the benefit of individuals involved in the performance of the agreement with the User. The applicability of any other general terms and conditions is excluded.
2.2 The English version of these Terms of Use is the original version and other versions are merely translations thereof. In case of conflict between the provisions of different (language) versions of these Terms of Use, the English version will govern. The (legal) terms and terms used in these Terms of Use must be interpreted under Dutch law.
2.3 MatchWornShirt is entitled at all times to change or supplement the Terms of Use by publishing amended Terms of Use on the Online Platform. The most current Terms of Use can be found on the Online Platform. If a change or addition significantly affects the rights or obligations of Users, MatchWornShirt will inform Users of this by means of an e-mail, or bring these changes clearly to the attention of the User during the use of the Service.
2.4 If the User continues to use the Service after a change or addition to the Terms of Use, the User irrevocably accepts the amended or supplemented Terms of Use. If the User does not agree with the amended or supplemented Terms of Use, the User will no longer be able to use the Service and has to delete its Account.
3 GENERAL
3.1 The User accepts that the Service and the Online Platform only contain the functionalities and other features as the User finds at the time of use. MatchWornShirt expressly excludes express and implied warranties, commitments and indemnities of any kind, including but not limited to the quality, safety, legality, integrity and correctness of the Service.
3.2 User accepts that the functionalities of the Service and the Online Platform may change.
3.3 Sellers offer Items on the Online Platform and Users receive these through MWS which arranges for the delivery. MatchWornShirt only plays a supporting role by offering an Online Platform and additional services.
3.4 The User acknowledges and accepts the special circumstances that can occur in an internet sale and the (technical) imperfections that may occur. This should include, but is not limited to, the inability to gain full or complete access to the Online Platform, the failure to timely submit a Bid, malfunctions or defects in the Online Platform, underlying hardware, network connections or software. Maintenance work on the Online Platform or on the underlying system can also prevent (unlimited) access or (timely) issuance of a Bid. MatchWornShirt is never liable for any damage that User suffers as a result of such (technical) imperfections.
3.5 Without prejudice to any other provision in these Terms of Use, the User acknowledges and accepts that the Items belong to the Seller and not to MatchWornShirt. No purchase agreement is concluded between MatchWornShirt and Purchaser and MatchWornShirt does not transfer the ownership right from Seller to Purchaser.
4 REGISTERING FOR THE SERVICE
4.1 In order to fully make use of the Service, the User must create an Account in the manner described on the Online Platform. User guarantees to MatchWornShirt that the information that it provides when creating its Account is complete, truthful and up-to-date. During the registration, the User must enter a username and password and verify its e-mail address and telephone number (two-step verification), with which access can be gained to the Account. In addition, the User must declare to be 18 years of age or older by means of an active opt-in.
4.2 If a Bid exceeds a certain threshold determined by MatchWornShirt the User must also verify its Bid by making a payment verification or payment reservation via Adyen. The application of the payment verification or payment reservation may vary per country and/or per specific Item.
4.3 Purchasers who are Commercial Purchasers are obliged to identify themselves as such when they create their Account. User accepts that for all use via such Account it is considered to be a Commercial Purchaser. MatchWornShirt has the right to change the status of Accounts if it reasonably sees reason to do so, such as if a Commercial Purchaser failed to register itself as such.
4.4 The User is obliged to comply with all tax laws and regulations and to register in that respect in the correct capacity and to provide all necessary information. User is fully liable for the consequences of providing incomplete or incorrect information regarding its tax position and fully indemnifies MatchWornShirt against all claims from third parties, including the tax authorities, and for all resulting or related damages and / or costs, which claims, damages and costs will be charged directly to User by MatchWornShirt.
4.5 It is not allowed to create an Account in the name of another person and / or provide false information. It is not permitted to log in via third-party services to allow accounts of others or others to log in on behalf of User.
4.6 User is responsible for keeping its username and password combination confidential. The User is therefore also liable for all usage of the Service via its username and password and the User indemnifies MatchWornShirt against any damage resulting from misuse or use of its username and password. MatchWornShirt may assume that User is actually the one who logs in with User's username and password.
4.7 As soon as the User knows or has reason to suspect that a username and / or password has come into the hands of unauthorised persons, User must inform MatchWornShirt of this, without prejudice to its own obligation to immediately take effective measures himself, such as changing its password.
4.8 By accepting these Terms of Use, User guarantees that he is indeed 18 years of age or older and the Account is used with its consent.
4.9 MatchWornShirt reserves the right to change the registration and login procedure, the password, the username or certain User Information if it deems such necessary in the interest of MatchWornShirt, third parties or the functioning of the Service.
4.10 MatchWornShirt reserves the right to deny Users the right to register and participate in an Online Sale and / or terminate them unilaterally.
5 PROCESS OF ONLINE SALES
5.1 Users are obliged to follow all reasonable instructions regarding an Online Sale by or on behalf of MatchWornShirt. If situations arise in respect of an Online Sale in which these Terms of Use do not provide for, MatchWornShirt’s instructions shall be decisive and binding.
5.2 MatchWornShirt has the right at all times, both before, during and after an Online Sale, to temporarily or permanently prevent bidding by Users on Items, at MatchWornShirt its sole discretion.
5.3 MatchWornShirt has the right, at its sole discretion, to remove a bid or User account in an Online Sale if necessary, for example in case of possible abuse or fraud and in the event of a clear mistake by the relevant User.
5.4 An Online Sale may take part during a period determined on the Online Platform. MatchWornShirt reserves the right to change, extend or shorten the duration of an Online Sale on the platform. The minimum amount by which the User must increase a Bid is dependent on the highest Bid that applies at that time. The minimum bidding increments are listed on the Online Platform. If, during the last fifteen minutes of the Online Sale, a new Bid is placed, additional time is added to the Online Sale.
5.5 An Online Sale may take part during a period determined on the Online Platform. The minimum amount by which the User must increase a Bid is dependent on the highest Bid that applies at that time. The minimum bidding increments are listed on the Online Platform. If, during the last fifteen minutes of the Online Sale, a new Bid is placed, additional time is added to the Online Sale.
5.6 Bids on Products can be placed in different currencies. Bids will be featured on the platform, rounded to full unites. This can affect the bidding increments. Round up is determined based on predetermined algorithms and will be updated daily, based on the most recent exchange rate information.
5.7 Bids at the Online Sales are made in euro. The exchange rates used for the sale of the Items in the relevant Online Sales are fixed at the exchange rate at the time of payment.
5.8 Each Bid is deemed to have been made by the person through whose Account the Bid was being made. The User is therefore always personally bound to the Bids issued via his Account, even if a third party or minor (with or without permission) makes Bids via its Account.
5.9 A Bid is unconditional and irrevocable. User can not rely on typos or mistakes.
5.10 The Purchase Agreement will be concluded as a result of the automated Allocation, once said Bids have been confirmed by the Seller. MatchWornShirt is not a party to the Purchase Agreement.
5.11 On the Online Platform and / or in (e-mail) messages by MatchWornShirt additional conditions can be specified that apply to making Bids (e.g. minimum bidding increments (€25, €50, etc.) or the fact that a given Online Sale is only accessible to bidders from a certain geographical area).
6 RIGHTS OF CONSUMERS
6.1 Consumers have a legal guarantee of conformity of the Items.
6.2 Consumers who have purchased an Item can not return or revoke this item on the basis of the right of withdrawal laid down in article 6: 230o of the Dutch Civil Code, or on the basis of any applicable foreign law to implement article 9 of the 2011 guideline / 83 / EU on consumer rights. Items are always offered during or immediately after the match and are not suitable to return to the market or the Seller due to the one-off / temporary nature of the offer ("straight from the pitch"), the price that has been set at a specific moment (matchday) and the hygienic nature of the Item (a worn item).
7 PAYMENT
7.1 The Allocation takes place at the end of an Online Sale and the Seller – unless specified otherwise – is said to have automatically confirmed the highest Bid made by a User during the Online Sale. The Seller reserves the right to confirm a Bid other than the highest Bid for an Item. Should the Seller wish to do so, it must inform MatchWornShirt within 24 hours after the close of the Online Sale. After this period has lapsed, the transaction is binding upon the Seller.
7.2 After the Online Sale has ended, the Purchaser must pay the Purchase Price within 48 hours on the basis of the payment instructions. The Purchaser guarantees that he will not purchase the Item as part of a fake transaction, which enables him and / or third parties to transfer the full or partial Purchase Price and to launder the relevant money.
7.3 If the Purchaser has not paid the Purchase Price within 48 hours, MatchWornShirt may have the Purchase Price automatically debited to the account of the Purchaser. MatchWornShirt also reservers the right to withhold other Items purchased by a Purchaser until all outstanding debts have been settled.
7.4 If the Purchaser does not pay the Purchase Price within 48 hours and automatic debit of the Purchase Price to the Purchaser is not possible, the Purchaser is automatically in default towards MatchWornShirt and the Seller, without any notice of default being required. From the moment of default, the Purchaser owes interest equal to the legal rate of interest.
7.5 Dissolution of the Purchase Agreement as a result of the fact that the Purchaser failed to fulfil its payment obligations does not affect the Purchaser's obligation to pay the Purchase Price to the Seller.
7.6 In the event of dissolution due to Purchaser's failure to fulfill its payment obligation, the Purchaser shall be liable for all damage and costs incurred by MatchWornShirt as a result thereof, which at the minimum amounts to an amount equal to the Purchase Price.
7.7 In the event of dissolution due to Purchaser's failure to fulfill its payment obligation, the Purchaser will further forfeit an immediately payable penalty to MatchWornShirt amounting to 15% of the Purchase Price with a minimum of € 300 (three hundred euro) if and insofar MWS is allowed to do so under local law. The fine is not susceptible to (judicial) moderation.
7.8 The Purchase Price will be paid to the Seller through payment to MatchWornShirt.
7.9 Payment Processing Services on the Online Platform are processed by Adyen and are subject to the general conditions of Adyen.
8 DELIVERY OF THE ITEMS
8.1 MatchWornShirt is responsible for shipping of the Item to Purchaser in accordance with the Purchase Agreement.
8.2 MatchWornShirt is obliged to ship carefully packaged Items to the Purchaser within five (5) working days after MatchWornShirt has received a payment confirmation. In special circumstances shipping times may be extended.
8.3 MatchWornShirt securely ships all sold Items via DHL Express service with a Track & Trace code.
8.4 The place of delivery is the address that the Purchaser has indicates to MWS.
8.5 Signing for receipt and / or acknowledgment of receipt of Track & Trace at the place of delivery can be regarded by MatchWornShirt as proof of receipt by the Purchaser. Seller accepts that MatchWornShirt has the right to accept no other proof of receipt. If the Item does not arrive or arrives incorrectly at the Purchaser, MatchWornShirt and Purchaser are obliged to jointly start an investigation with the DHL Express. An ongoing investigation does not affect the right of MatchWornShirt to determine that the Purchase Price will be refunded to the Purchaser.
8.6 Notwithstanding the provisions of Article 11.2, Purchaser acknowledges and accepts that special rules and / or conditions may apply to cross-border Purchase Agreements relating to the import of Items, including - but not limited to - customs duties, VAT, import duties and customs clearance costs. Purchaser must ensure that these rules are complied with prior to the conclusion of the Purchase Agreement. Any additional costs in connection with the foregoing will exclusively be borne by the Purchaser.
9 USE OF THE SERVICE
9.1 Every use of the Service and the Online Platform comes at the risk, account and accountability of the User.
9.2 When using the Service, the User is obliged to comply with all applicable national, European and international regulations with regard to - amongst other things, but not limited to - its activities regarding the bidding on and purchase of Items via the Online Platform.
9.3 User guarantees that when using the Service, he or she:
a) Will not circumvent or manipulate the Online Platform and the payment process of MatchWornShirt;
b) Shall not use viruses, trojans, worms, bots, or any other software or technical means that may cause damage to the Service or the Online Platform, or render the Service or the Online Platform inaccessible or intents to circumvent technical protection measures;
c) Shall not perform any acts that impose an unreasonable and / or disproportionate burden on the infrastructure of the Service and / or impede the functionality of the Service;
d) Shall not perform any acts that impose an unreasonable and / or disproportionate burden on the infrastructure of the Service and / or impede the functionality of the Service;
e) Will not use any applications that monitor the Service and / or copy parts of the Service.
9.4 All technical means necessary to make use of the Service, including, but not limited to, hardware and an internet connection, as well as the costs for the use thereof, are entirely at the expense of the User.
10 AVAILABILITY AND INTERRUPTION OF THE SERVICE
10.1 MatchWornShirt does not guarantee that (all parts of) the Service and / or the Online Platform are accessible at all times and without interruptions or failures. Malfunctions in the Service may, but not exclusively, occur as a result of failure of the internet or telephone connection or may be due to viruses or errors / defects. MatchWornShirt is in no way liable (or liable for damages) to the User for any damages resulting from the (temporary) unavailability or (premature) failure of the Service and / or the Online Platform.
10.2 MatchWornShirt is entitled at any time, without prior publication, to make procedural, technical, commercial or other changes and / or improvements to the Service and / or the Online Platform, or to put the Service and / or the Online Platform (temporarily) out of use and / or to restrict use if this is necessary in its view, for example in the context of reasonably required maintenance to the Service and / or the Online Platform.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The Intellectual Property Rights relating to the Online Platform, the Service, the Information, and the database, including - but not limited to - the Intellectual Property Rights to the texts, images, design, photos, software, audiovisual material and other materials belong to MatchWornShirt or its licensors.
11.2 Subject to the conditions set out in these Terms of Use, MatchWornShirt grants User a limited, personal, revocable, non-exclusive, non (sub-) licensable, non-transferable, right to use the Service and view the Information in the manner and in the format as made available via the Service.
11.3 It is expressly prohibited to copy, disclose, use the Service, the Online Platform, the Information and / or other data for direct or indirect commercial purposes or use it for any other purpose than the purposes specified in these Terms of Use, unless MatchWornShirt has given explicit prior and written permission for this.
11.4 Unless explicitly permitted under imperative law or under these Terms of Use, or on request or with the consent of MatchWornShirt, the User is not permitted to decompile or reverse engineer the Service, the Online Platform and / or the source or object code (s) thereof.
11.5 MatchWornShirt can take technological measures to protect the Online Platform or Service and / or separate parts thereof. User may not remove or circumvent these technical protection measures or offer them for this purpose.
11.6 No provisions in these Terms of Use are intended to transfer any Intellectual Property Rights to the User. User will not perform any actions that may infringe on the Intellectual Property Rights of MatchWornShirt and / or third parties, such as the registration of domain names, brands or Google Adwords search terms (keywords) that are similar to, or identical to, any sign on which MatchWornShirt Intellectual Property Rights may apply.
12 DATABANK
The collection of (personal) data of Users, including Information, collected by MatchWornShirt on the Online Platform, is a legally protected database. MatchWornShirt is the developer of the database and therefore has the exclusive right to grant permission i) to request the whole or a substantial part of the content of the database qualitatively and / or quantitatively and ii) to request it repeatedly and systematically or reuse, in qualitatively and / or quantitatively, non-substantial parts of the contents of the database, as far as this is contrary to the normal exploitation of the database or causes unjustified damage to the legitimate interests of MatchWornShirt. The User may only request data from the database or reuse it if and to the extent permitted under these Terms of Use.
13 PRIVACY
During the creation of an Account and during the use of the Service, User will provide (personal) information to MatchWornShirt. These (personal) data will be stored and processed in accordance with the MatchWornShirt Privacy Policy and the applicable laws and regulations.
14 LIABILITY
14.1 MatchWornShirt does not accept any liability for damage resulting from providing the Service, including but not limited to damage resulting from or related to the use of the Online Platform and / or the Service or in tort or otherwise, to the extent permitted by mandatory law.
14.2 MatchWornShirt accepts no liability whatsoever for the use of the services, items, applications or websites made available by a Third Party Service Provider, such as shipping or payment services and / or any disputes between a User and a Third Party Service Provider. It is the responsibility of the User to read the terms of use and / or the privacy policy of relevant Third Party Service Providers before using the Service.
14.3 The only action that the User can take if it believes that it has suffered damage is to cease the use of the Service and to remove its Account, subject to the applicability of the provisions of Article 16.
14.4 Insofar as MatchWornShirt, despite the above, would still be liable for damages on any grounds whatsoever, then it is only liable for the compensation of direct damage that User suffer as a result of a shortcoming or wrongful act attributable to MatchWornShirt. Direct damage is exclusively understood to mean material damage to property, reasonable costs incurred to prevent or limit direct damage and reasonable costs incurred to determine the cause of damage, liability, direct damage and the method of repair.
14.5 If and in so far as MatchWornShirt would be liable for damages on any ground whatsoever and insofar MWS is allowed to do so under local law, its liability is in any case limited to the highest of the following amounts: (i) the total amount received by MatchWornShirt of the relevant User for the Items or (ii) € 500 (five hundred euro).
14.6 This limitation of liability does not intend to exclude the liability of MatchWornShirt for intent and / or deliberate recklessness of MatchWornShirt itself ('own actions') and / or the board of MatchWornShirt.
14.7 A condition for the existence of any right to compensation is always that the User reports the damage to MatchWornShirt in writing and substantiated by evidence as soon as possible after the occurrence thereof, though in any case within one month, on pain of forfeiture of its claim. Any claim for compensation against MatchWornShirt shall lapse by the mere lapse of twelve months after the claim arose. MatchWornShirt will not be liable in relation to User as long as the User has not discharged its obligations to MatchWornShirt.
14.8 This Article also covers all companies affiliated with MatchWornShirt as well as its management, directors, employees, representatives and legal successors.
15 WARRANTIES AND INDEMNITIES
15.1 The User is liable to MatchWornShirt for and fully indemnifies MatchWornShirt from all damage and costs that MatchWornShirt suffers or incurs as a result of (i) an attributable shortcoming in the fulfillment of the User's Terms of Use, (ii) any action by the User in the use of the Service or (iii) an unlawful act. All costs and damage incurred by MatchWornShirt that are in any way related to such claims shall be reimbursed by the User.
15.2 User indemnifies MatchWornShirt against all claims from third parties, for whatever reason, in respect of compensation of damage, costs, interest, taxes, levies and / or deductions related to or arising from its use of the Online Platform, the Service, and / or a violation of these Terms of Use and / or any rights of third parties.
15.3 The indemnification obligations in this Article also apply to all companies affiliated with MatchWornShirt as well as its management, directors, employees, representatives and legal successors.
16 DURATION AND TERMINATION
16.1 User has the right to stop using the Service at any time and to delete its Account. MatchWornShirt has the right to refuse the removal of its Account if the User still has to fulfill any obligations (such as payment obligations) towards MatchWornShirt.
16.2 If User acts in violation with these Terms of Use, MatchWornShirt is entitled, in addition to any other (legal) resources that MatchWornShirt serves, the activities of User in connection with the Service with immediate effect, in whole or in part and whether or not temporarily, to limit, suspend or decommission, to temporarily or permanently cease and / or remove its Account, issue a warning, terminate the Service or refuse to grant the Service to the User. MatchWornShirt will in no way be liable (or liable for damages) to User.
17 OTHER, APPLICABLE LAW AND COMPETENT COURT
17.1 User has the right to stop using the Service at any time and to delete its Account. MatchWornShirt has the right to refuse the removal of its Account if the User still has to fulfill any obligations (such as payment obligations) towards MatchWornShirt.
17.2 These general terms and conditions are governed by Dutch law to the exclusion of any other legal systems that may be applicable.
17.3 All disputes arising between User and MatchWornShirt will be submitted to the competent court in the district of Amsterdam, the Netherlands, unless mandatory law stipulates that the dispute must be submitted to another court. With regard to Consumers, disputes are submitted to the competent court in the district of Amsterdam, the Netherlands, unless the Consumer chooses within a month after MatchWornShirt has made a written appeal to this provision to the court that would be competent according to the law.
17.4 MatchWornShirt may assign rights and obligations arising from these Terms of Use to third parties and will inform User accordingly. If the User does not consider this transfer of obligations to a third party to be acceptable, the User can discontinue the use of the Service and delete its Account, subject to the applicability of Article 16.
17.5 If any provision(s) in these Terms of Use are partially or completely void or for any other reason invalid, then User and MatchWornShirt remain bound to the remaining part of the Terms of Use. MatchWornShirt will replace the invalid and / or invalid part (for the specific User or specific situation) with stipulations that are valid and of which the legal consequences, in view of the content and the scope of these Terms of Use, are as similar as possible to those of the invalid part.
18 CONTACT
For questions about the Service, the Online Platform or these Terms of Use, you can contact MatchWornShirt at any time via the following contact details:
MatchWornShirt B.V.
H.J.E. Wenckebachweg 210, 1096 AS Amsterdam (the Netherlands)
E - info@matchwornshirt.com
T - +31 85 9024850