Terms of Service

General Terms and Conditions of the F.C. Gundlach Foundation

The website of the F.C. Gundlach Foundation contains image documents from the archives of the F.C. Gundlach Foundation. Selected image documents from the F.C. Gundlach Foundation can be ordered via the online shop. The following terms of use apply to the use of these image documents from the F.C. Gundlach Foundation. These terms come into effect upon acceptance of delivery or downloading of the image documents, but no later than upon their use and also for all subsequent uses. The customer's terms and conditions do not form part of the contract; they are hereby expressly rejected.

The F.C. Gundlach Foundation online shop also offers a changing range of souvenir items for purchase.

Unless expressly stated otherwise in these terms and conditions, the provisions apply to both digital image documents and physical souvenir items.

1. Ordering and delivery of image documents

Image documents from the F.C. Gundlach Foundation can be ordered from the online shop for a fee. Sales are limited to within the EU (the billing address is decisive); sales to other countries may be possible on request. The respective fees for the different uses are regulated by the fee schedule. The purchase is completed by completing the online order process and confirming by email. Digital content is delivered within one hour (in individual cases, following a manual review within 72 hours) after receipt of payment via a download link, which is provided to the customer by email.

The customer is obliged to provide the F.C. Gundlach Foundation with all information regarding the intended use (purpose of use). This is done using the corresponding form in the shopping basket of the online shop. Image documents are only provided for the agreed purpose of use.

Right of withdrawal: Upon completion of the order and the customer's consent to the start of execution before the expiry of the withdrawal period, the right of withdrawal for digital content expires (§ 356 Paragraph 5 BGB).

2. Use of image documents / Terms of use

The licence agreement applies to one-time use per image document for the precisely specified purpose, e.g. one-time publication in a specific project (book, magazine, etc.) for the first edition in the original language or one-time broadcast by a broadcasting company for the agreed language area. Any use beyond this (e.g. publishing announcements, working templates, layouts, advertising, reprints and reproductions, paperback editions, video, composing, digitisation, online and offline use, etc.) is subject to a new fee and requires prior written agreement or the additional purchase of the corresponding image licence in the online shop.

The customer is obliged to provide all information necessary for billing the use without being asked to do so. In the event of uses not reported by the customer and therefore not approved, the F.C. Gundlach Foundation is entitled to charge a 200% infringement surcharge on the usage fee required in the fee schedule for the respective use in accordance with its General Terms and Conditions. If the intended use is abandoned, fees already paid will not be refunded.

3. Image credits for the publication of image documents

Image documents from the holdings of the F.C. Gundlach Foundation must be accompanied by the following image credit in every publication, including digital publications (e.g. websites, social media):

© Name of photographer / F.C. Gundlach Foundation

There must be no doubt as to the attribution of the image and its source. Failure to comply with these obligations will result in a 100% surcharge on the usage fee.

4. Purchase of souvenir items

In addition to digital image documents, physical products (‘souvenir items’) such as shirts, caps and bags featuring images from the F.C. Gundlach Foundation's collection can also be purchased via the online shop. The presentation of souvenir items in the online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum). The purchase contract is concluded as soon as the F.C. Gundlach Foundation accepts the customer's order by sending an order confirmation by email.

All prices are in euros and include the applicable statutory value added tax plus any shipping costs, which are shown separately during the ordering process. Delivery will be made to the delivery address in Germany specified by the customer. Unless otherwise stated in the product description, the delivery time is 3 to 10 days from the conclusion of the contract. If an ordered item is not available, the customer will be informed immediately. In this case, any payments already made will be refunded.

Retention of title: The delivered souvenir items remain the property of the F.C. Gundlach Foundation until full payment has been made.

Right of withdrawal: Consumers are entitled to the statutory right of withdrawal in accordance with the withdrawal policy. The right of withdrawal does not apply to custom-made or personalised items (§ 312g Paragraph 2 No. 1 BGB).

5. Availability

The user has no right to permanent availability of the website, including the online shop. The F.C. Gundlach Foundation is entitled to shut down the server temporarily or permanently, in particular for maintenance work, technical adjustments or security updates.

6. Payment methods and terms of payment

During and before completing the order process, the customer can choose from the payment methods available in the online shop. The following payment options are currently available:

  • PayPal

In cooperation with Shopify Payments, we also offer the following payment methods:

  • Debit and credit cards from Visa, Mastercard, American Express, Maestro
  • Apple Pay
  • Google Pay
  • Shop Pay

The respective terms of use of the payment service provider, which are displayed during the ordering process or can be found on the websites of the respective provider, also apply.

When paying by PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A. in accordance with the PayPal terms of use. When paying via Shopify Payments by credit card, Google Pay, Apple Pay and Shop Pay, payment is processed by Shopify International Ltd., Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland) and the respective selected payment service providers.

When paying via PayPal or Shopify Payments by credit card, Google Pay, Apple Pay and Shop Pay, the payment is triggered immediately during the ordering process and the payment method is charged upon completion of the order.

The seller reserves the right not to offer certain payment methods in individual cases or to refer to other payment methods.

7. Complaints

Complaints must be made in writing within 48 hours of receipt of the goods or retrieval of the image document. Otherwise, it shall be deemed to have been received in accordance with the terms and conditions of the contract. In the event of justified complaints, the F.C. Gundlach Foundation undertakes to provide a replacement delivery within the scope of its capabilities. If a replacement delivery is not possible, the customer may withdraw from the contract. Statutory warranty rights remain unaffected by this.

8. Liability

The liability of the F.C. Gundlach Foundation for damages – regardless of the legal basis – is limited to intent and gross negligence. In the event of a breach of essential contractual obligations, the Foundation shall also be liable for slight negligence, but only for foreseeable damage typical for this type of contract. Liability for injury to life, limb or health remains unaffected.

9. Rights

Unless otherwise agreed, the F.C. Gundlach Foundation grants a non-exclusive right to use the image document once for the agreed purpose. The customer is responsible for safeguarding further rights (e.g. copyrights to depicted works of art, personal rights, rights under trademark law). The customer indemnifies the F.C. Gundlach Foundation against any claims by third parties resulting from its use. This does not apply to rights that the F.C. Gundlach Foundation expressly transfers to the customer.

10. Place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For contracts with entrepreneurs, the place of jurisdiction is Hamburg. For consumers, the statutory provisions on the place of jurisdiction apply.