Terms & Conditions
for the sale of digital items for the OneFootball Heads
1. Scope of Application
1.1 The “OneFootball” website and applications (the "OneFootball Platform") are operated by OneFootball GmbH, Donaustraße 44, 12043 Berlin, Germany, Email: customercare@onefootball.com (hereinafter "OneFootball", “we” or “us”). Use of the OneFootball Platform is subject to the terms and conditions set out in OneFootball’s Platform Terms & Conditions (the “Platform T&Cs”).
1.2 These Terms & Conditions (the “T&Cs”) apply to all agreements concluded between OneFootball and consumers or businesses (“Customer” or “you”) for the purchase or other acquisition of digital products such as digital avatars, accessories, and other virtual items, including, without limitation, the “OneFootball Heads” (“Digital Goods”). Please note that if you purchase Digital Goods via a third-party application store (e.g. In-app purchase via the Apple App Store or Google Play Store) or any other point of sale, then your purchase may, in addition to these T&Cs, be subject to the terms, conditions and/or policies imposed by any such third parties.
2. Digital Goods
2.1 Digital Goods are for personal and non-commercial use only and are only offered to individual customers and not to businesses. You must be the older of: (i) 18 years of age (or over), or (ii) the age of majority in your state, province or territory of residence, to become a user of the Digital Goods. Users under 18 years ("minors") require the consent of their parent or guardian.
2.2 When purchasing Digital Goods from OneFootball, the Customer acquires a limited, non-exclusive, non-transferable right to use the Digital Goods for personal purposes only within the intended scope.
2.3 Your right to use the Digital Goods cannot be sold, traded, transferred, exchanged, or used outside of your OneFootball account. You do not own, or have any other right, title, or other proprietary interest in these virtual goods, regardless of any consideration offered or paid in exchange. The right to the Digital Goods is a license to access and use the software that enables your access to the Digital Goods. Virtual goods are not property and have no cash value. We reserve the right to control, regulate, change or remove any virtual goods, or terminate provision of virtual goods at any time, in our sole discretion, without any liability to you. The right you receive to use virtual goods terminates when your OneFootball account is deleted or terminated. This license may be terminated, without liability to you, as further described in these T&Cs.
3. User account
3.1 To purchase Digital Goods, you must be registered as a user within our OneFootball Platform and logged in with that account. Your use of the OneFootball Platform is governed by the Platform T&Cs.
3.2 The data you register with must be correct and has to be kept updated at all times.
3.3 The password you use must be kept confidential. Please inform us if you believe that a third party has obtained your password.
3.4 You accept responsibility for all purchases of Digital Goods and use of any Digital Goods that occur under your OneFootball account, including payment for any unauthorised amounts billed to your Payment Method (as defined below) by a third party.
3.5 In the event that you are in breach (or we have a reasonable suspicion that you are in breach) of these T&Cs, we reserve the right to temporarily or permanently block your user account and/ or your access to the Digital Goods.
4. Conclusion of Contract
4.1 By clicking on the “Buy” button for Digital Goods on the OneFootball Platform, the Customer submits a binding offer. The contract between the Customer and OneFootball (the “Contract”) is concluded once OneFootball accepts the order by confirmation or by providing access to the Digital Goods.
4.2 It is agreed that the Contract between you and OneFootball is not set out in a separate text but is constituted by the selected Digital Goods (details of which will be displayed after successful payment on the confirmation success page) and these T&Cs.
5. Prices and Payment
5.1 To purchase Digital Goods, you must complete payment using an accepted payment method, such as In-App Payment or another valid method, including supported third-party payment providers (each, a “Payment Method”).
5.2 The respective Digital Goods will not be made available to you until payment has been received in full, and failure to pay for the full purchase price will result in cancellation, termination or suspension of your access to the Digital Goods.
5.3 Prices include statutory VAT (where applicable). Unless otherwise noted, all prices are listed in euro (EUR). The final amount charged to you may differ from the displayed price due to factors outside our control, such as currency exchange rate fluctuations, cross-border transaction fees, or taxes and duties applicable in your country. Payment is due immediately upon conclusion of the Contract via the Payment Methods offered.
5.4 Depending on the Payment Method you chose, you may need to visit your account with the applicable third-party service provider to view payment information, including billing information and to change your Payment Method.
5.5 OneFootball reserves the right to refuse or cancel orders at any time and for any reason. You agree that, if we cancel your purchase, your sole and exclusive remedy is either that we or the relevant purchase provider: (i) will issue a credit to the Payment Method used for that purchase of Digital Goods; or (ii) won't charge you for the purchase.
5.6 Except in exceptional cases, including, without limitation, in cases of goodwill, or as required by applicable law, your payment for Digital Goods is nonrefundable.
5.7 We reserve the right to change the prices for any Digital Goods, including without limitation, as a result of cost increases.
6. Delivery
The Digital Goods are provided electronically, by making them available in the Customer’s OneFootball account on the OneFootball Platform, immediately after payment has been received (unless otherwise specified).
7. Right of Withdrawal
7.1 You have the right to withdraw from any Contract concluded in accordance with these T&Cs within fourteen (14) days without stating any reason. The withdrawal period is fourteen (14) days and starts on the day of conclusion of the Contract. In order to exercise your right of withdrawal, please send us - OneFootball GmbH, Donaustraße 44, 12043 Berlin, Germany - a clear message (e.g. via regular postal mail, telefax or email to customercare@onefootball.com). You can do so by using the sample withdrawal form as provided in the document Withdrawal Policy. The deadline is deemed to be met if you post the notice of withdrawal prior to the expiry of the withdrawal period.
7.2 Consequences of Withdrawal
If you withdraw from the contract, we will refund all payments which we have received from you, immediately and no later than fourteen (14) days after receipt of your notice of withdrawal. For the refund, we use the same method of payment that you have used for the original transaction, unless otherwise agreed with you; in no event will we charge a refund fee.
In case you have asked us to start the service within the withdrawal period, you must pay a reasonable amount corresponding to the share of the services provided until the date of exercising the right of withdrawal in relation to the entire services to be provided as per the contract.
7.3 Expiration of the Right of Withdrawal
In the case of a Contract for the supply of Digital Goods that are not contained in a tangible medium, the right of withdrawal expires also if we began with the performance of the contract after you (i) have expressly consented to us beginning with the performance of the Contract prior to expiry of the withdrawal period, (ii) have acknowledged that by your consent, you would lose the right to withdraw from the Contract upon the performance of the Contract having commenced, and (iii) we have provided you with confirmation of your consent to immediate performance and your acknowledgement of the expiry of the right of withdrawal as well as the other information required by law in the duplicate or confirmation of our contract on a durable medium.
8. Permitted Use and Suspension
8.1 We are the owner or licensee of all intellectual property rights or have explicit permission of the rights owner or holder to offer and sell the Digital Goods. All content, including but not limited to the design, text, software, graphics, footage and images you receive (and any selection or arrangement) is subject to the copyright of us and/or others. You agree that you will:
(i) keep your password for accessing the OneFootball Platform secure and confidential;
(ii) not alter, disassemble, decompile or reverse engineer any part of the Digital Goods;
(iii) not abuse the Digital Goods or use them for any unlawful or unauthorised purpose (which includes transmitting any viruses through the OneFootball Platform, or using the OneFootball Platform in a manner which violates or infringes the rights of anyone else); or
(iv) not circumvent or attempt to circumvent any use restrictions.
8.2 We may immediately suspend or terminate your access to the Digital Goods or withdraw your access to any promotions, offers or discounts if we have reasonable grounds to believe (i) you are in breach of any of these T&Cs; or (ii) we are requested to do so by a regulatory authority. If possible and appropriate, we will inform you beforehand of such termination, suspension or withdrawal.
9. Data Protection
If you want to learn about how we process data, please refer to our privacy policy.
10. Warranty and Liability
10.1 Statutory warranty rights apply.
10.2 OneFootball is liable without limitation for intent and gross negligence as well as for injury to life, body, or health. For slight negligence, OneFootball is only liable for breach of essential contractual obligations (cardinal duties). In such cases, liability is limited to the foreseeable, typically occurring damages.
10.3 Except as required by applicable law, OneFootball does not guarantee that any particular Digital Goods, will be available at all times or at any given time, that they will be error-free, or that OneFootball will continue to offer access to Digital Goods or any feature, content, benefit, or functionality associated with Digital Goods for any minimum length of time.
11. Indemnity
11.1 You agree to fully compensate us in respect of any damages, costs and expenses (including reasonable legal fees) that we incur as a result of:
(i) any negligent or wilful misrepresentation, act or omission made by you in connection with your use of the Digital Goods;
(ii) any negligent or wilful non-compliance by you with these T&Cs; or
(iii) claims brought by third parties arising from or related to your negligent or wilful access or use of the Digital Goods other than in accordance with these T&Cs.
11.2 Damages within the meaning of Section 11.1. also comprise liabilities that we have towards our any vicarious agents or assistants due to any of the events described in Sections 11.1.1. to 11.1.3.
12. Force Majeure
Neither us nor any third-party rights owner or holder shall have any liability to you for any delay or failure to deliver the Digital Goods to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of us or any third-party rights holder including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third-party action (including denial of service attack and overuse or misuse of the Digital Goods), telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, industrial disputes and the cancellation or postponement of any event.
13. Assignment
13.1 Subject to the following sentence of this Section 13, we may transfer, sub-contract or otherwise deal with our rights and/or obligations under these T&Cs without notifying you or obtaining your consent.
13.2 In the event of a transfer to a third party in accordance with Section 13.1, we will notify you of the transfer and you will have the right to terminate the agreement constituted by these T&Cs by declaration to us within four (4) weeks as of your receipt of our notification.
13.3 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these T&Cs.
14. Severability
Should individual provisions in these T&Cs, including this provision, be entirely or partially invalid, this shall not affect the validity of the remaining provisions or parts of such provisions. The invalid or missing provisions shall be replaced by the applicable statutory rules.
15. Applicable Law
These T&Cs shall be governed by German law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the Customer’s country of habitual residence shall remain unaffected.
16. Jurisdiction
If the Customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these T&Cs shall be Berlin, Germany.
17. Arbitration
The European Commission provides a platform for out-of-court online disputes which can be found here: https://ec.europa.eu/consumers/odr. We are not willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
18. Changes to T&Cs
We reserve the right to change these T&Cs at any time. We may also decide to stop offering the Digital Goods entirely, including in response to unforeseen circumstances beyond our control, or to comply with legal requirements. In such cases, we will provide notice where possible, but we are not obligated to issue refunds or credits for any Digital Goods.
As of: September 2025