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GENERAL TERMS AND CONDITIONS OF SHIRTINATOR AG


As of: 17.08.2016

within the scope of agreements concluded via the www.shirtinator.eu website between

Shirtinator AG
Infanteriestr. 19 / Building 3
80797 Munich
Germany
hereinafter referred to as „Supplier“

and

the customers indicated in Section 2 of this Agreement
hereinafter referred to as „Customer“


Section 1 Scope, definitions

(1) The business relationship between the webshop supplier (hereinafter referred to as „Supplier“) and the customer (hereinafter referred to as „Customer“) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time the order is placed. Any conditions of the orderer which deviate from this Agreement shall not be recognised unless the Supplier expressly approves them.

(2) A consumer is any individual concluding a legal transaction for purposes that cannot be predominantly attributed to either their commercial or freelance professional activities. By contrast, an business entity is any natural or legal person or incorporated partnership exercising their independent or commercial professional interests by concluding a legal transaction. An incorporated partnership is a partnership with the capacity to acquire rights and incur liabilities.

Section 2 Conclusion of contract, confirmations and mandatory information

(1) The Supplier offers products (clothing and gifts) for printing with motifs or text (hereinafter referred to as „Products“) via the www.shirtinator.eu website.

(2) The Customer may select Products from the Supplier‘s product range and collect them in what is known as a shopping basket via the „Add to Basket“ button. Clicking on the „Buy Now“ button constitutes a legally binding application to purchase the goods in the basket. The Customer may view and change the data at any time before submitting their order.

(3) The Supplier shall check the order information submitted without delay. After this check is complete, the Agreement shall be concluded when the Supplier issues a declaration of acceptance. This shall be sent via email to the email address provided by the Customer and shall include details of the Customer‘s order and additional content from the concluded Agreement. The Customer may print this declaration using the „Print“ function. This email shall also confirm receipt of the order.

(4) If the Customer selects the payment option PayPal Express or Amazon Payment, the Supplier shall pass the order details on to the respective payment service provider, who shall also carry out a check. The payment service provider shall then accept the payment amount on behalf of the Supplier, return the order data and inform the Supplier that the payment has been made. After this check is complete, the Agreement shall be concluded when the Supplier issues a declaration of acceptance. This shall be sent via email to the email address provided by the Customer and shall include details of the Customer‘s order and additional content from the concluded Agreement. The Customer may print this declaration using the „Print“ function. This email shall also confirm receipt of the order.

(5) As soon as the Supplier receives the payment amount after concluding the Agreement, they shall confirm this to the Customer via email. Furthermore, the Supplier shall inform the Customer via email when they have passed the ordered goods on to the shipping service provider.

Section 3 Delivery, product availability

(1) If the Customer orders an item indicated by category alone, particularly with regard to condition, colour, weight, measurements or design, the Supplier shall deliver an item of average type and quality.

(2) Should the Customer‘s choice of product not be available at the time an order is placed, the Supplier shall notify the customer of this fact in the order confirmation. If the product is permanently unavailable, the Supplier shall not issue a declaration of acceptance. No agreement shall be established in this case.

(3) If the product ordered by the Customer is only temporarily unavailable, the Supplier shall notify the Customer of this immediately in the order confirmation. In the event of a delay in delivery, the Customer shall have the right to withdraw from the Agreement.

(4) All goods shall be dispatched once payment has been received and production is complete. The Customer may make their order higher priority (Express-Service) for a fee. Any orders received in the latter case shall preferably be processed on the same day.

(5) Unless stated otherwise during the order process, the estimated production and delivery period is 5 - 10 business days. This includes 2-3 business days to produce and print the fabric. The remaining 3 to 7 business days represents the expected postal delivery period. In the event of large quantities or a complex production process, the production time shall be extended by a reasonable period of time. The Supplier shall point out that they dispatch their goods via a postal service provider and therefore have no influence over the postal delivery period. One exception to this is the delivery period for orders before public holidays (such as Mother‘s Day, Father‘s Day, Christmas), which is an estimated 9-10 business days.

Section 4 Reservation of title

(1) The Supplier shall retain ownership of the delivered goods until payment has been made in full. If the Customer is a merchant, the following Paragraphs 2 to 5 shall also apply.

(2) The delivered goods shall remain the property of the Supplier until all present or future claims against the Customer have been fulfilled, including all current account settlements. If the Customer acts in violation of this Agreement - in particular if they are in default with payment of a claim for payment - the Supplier shall have the right to reclaim the reserved goods after setting the Customer an appropriate deadline for performance. If the Supplier reclaims the reserved goods, this shall constitute a rescission of the Agreement. The Customer shall bear the transport costs involved in reclaiming the reserved goods. If the Supplier seizes the reserved goods, this shall also constitute a rescission of the Agreement. The Supplier may use the reserved goods they reclaim.

(3) The Customer must treat the reserved goods with care. They must insure them sufficiently against fire, water and theft at original value and at their own expense.

(4) If the reserved goods are seized by third parties or other intervention by third parties, the Customer must point out that the Supplier is the rightful owner of these goods and must notify the Supplier in writing immediately so that they can assert their property rights. If the third party is unable to refund the court or out-of-court costs incurred in this regard, the Customer shall be liable for them.

(5) If the Customer so requests, the Supplier shall be obliged to release the securities to which they are entitled once the realisable value of these securities exceeds the open claims against the Customer by more than 10%.

Section 5 Delivery restrictions, prices and shipping costs

(1) Deliveries shall be made exclusively in the following countries:

Germany, Austria, Switzerland, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

Delivery restrictions are in place for all other countries, i.e. the Supplier does not deliver to these countries. If the Customer wishes to conclude a purchase agreement with the Supplier and a delivery restriction is in place for their place of residence, they shall be obliged to collect the goods from the Supplier‘s registered office.

(2) The prices stated when the order is placed shall be valid. All price information provided includes the applicable statutory amount of value-added tax. If the offer in question is a limited-time offer, the Supplier shall point out the time limit in the webshop.

(3) For orders being dispatched to Germany, Austria, France, UK, Czech Republic and Slovakia value- added tax shall be charged by the relevant authorities in the destination country. As a result, the Supplier shall show prices including the value-added tax applicable in the destination country. For deliveries to all other EU countries, value-added tax shall be charged by the German tax authorities. The Supplier shall therefore show the value-added tax applicable for the Federal Republic of Germany.

(4) As customs costs cannot be reasonably calculated in advance, the Customer shall be informed that the order is subject to customs duty. In accordance with customs laws, the Customer shall be obliged to arrange and undertake customs clearance of the goods as soon as they cross the border into the destination country.

(5) The corresponding shipping costs shall be indicated to the Customer in the order form and shall be borne by the Customer. For deliveries to UK, a flat-rate postage and packing fee of 3.99 € shall be charged per order, irrespective of the number of packages or the size and weight of the shipment.

All shipping costs for deliveries abroad can be found in the shipping costs table available at http://www.shirtinator.eu/faq-and-help/payment-and-delivery/#delivery-country .

(6) The goods shall be shipped by post. The Supplier shall bear the shipping risk if the Customer is a consumer.

Section 6 Terms of payment

(1) If the Customer‘s place of residence or registered office is situated in Germany, they may pay via

bank transfer
„Sofort“ express bank transfer
credit card
PayPal
invoice / receivables purchasing via Klarna GmbH in Cologne
Amazon Payments.

The option to pay by invoice and receivables purchasing via Klarna GmbH in Cologne shall be subject to the condition subsequent that Klarna GmbH purchases the receivable inter partes. This assumes that the Customer consents to Klarna GmbH checking their creditworthiness. Please refer to the additional notes in the annex entitled „Klarna Privacy Policy“.

(2) Customers outside Germany may pay via

Credit card or
PayPal.

(3) Payment of the purchase price shall be due as soon as this Agreement is concluded. If the Customer chooses to pay via PayPal or Amazon Payments, the Customer may deviate from this and make the payment upon submission of their order. If a specific payment date has been set, the Customer shall enter default as soon as this date has passed. Should this happen, the Customer must pay the Supplier default interest at the rate of 5 percentage points above the base interest rate.

(4) The Supplier‘s bank details are as follows:

Shirtinator AG
Deutsche Bank AG Munich
IBAN: DE10700700100194880101
SWIFT (BIC): DEUTDEMMXXX

(5) The Customer‘s obligation to pay default interest shall not exclude the Supplier from claiming any further damages arising from the delay.

Section 7 Warranty for material defects, guarantee

(1) The Supplier shall be liable for material defects in accordance with the relevant legal provisions, particularly Sections 434 et seq. of the German Civil Code (BGB). As an exception, the warranty period for new goods delivered by the Supplier to business entities is 12 months. Excluded from this warranty period reduction are claims for damages made in accordance with Section 8 below (Liability).

(2) An additional guarantee shall only apply to goods delivered by the Supplier if expressly issued in the order confirmation for the item in question.

Section 8 Liability

(1) Claims for damages by the Customer shall be excluded. Exempt from this rule are claims for damages by the Customer arising from injury to life, body or health or the violation of material contractual obligations (so-called cardinal obligations), as well as liability for other damages based on a deliberate or grossly negligent breach of duty on the part of the Supplier, their legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary for achieving the goal of the Agreement. In this case, this includes delivering an item free from defects, for example.

(2) In the event of the violation of material contractual obligations, the Supplier shall only be liable for foreseeable damage typical to the Agreement up to a figure of EUR 10,000 if such damage was caused by simple negligence, unless it relates to claims for damages by the Customer arising from injury to life, body or health.

(3) The limitations of Paragraphs 1 and 2 shall also apply for the benefit of the Supplier‘s legal representatives and vicarious agents should claims be made directly against them.

(4) The provisions of the German Product Liability Act shall remain unaffected.

Section 9 Right of withdrawal for distance contracts

(1) If the Agreement is a distance contract, Section 10 (Goods cancellation policy) shall apply if the Customer is a consumer.

(2) Distance contracts are agreements in which the business entity or a person acting in their name or on their behalf and the consumer exclusively use long-distance means of telecommunication to negotiate and conclude agreements unless the agreement is not concluded as part of a sales or service system organised for long-distance sales.

Section 10 Goods cancellation policy

(1) Right of withdrawal
You have the right to withdraw from this Agreement within fourteen days without giving reasons. The withdrawal period is fourteen days from the date on which you, or a third party named by you that is not the carrier, take or have taken possession of the goods. To exercise your right of withdrawal, you must inform us (Shirtinator AG, Infanteriestr. 19 / Building 3, D-80797 Munich, fax number: +49 89 189 319 79, email address: cancellation@shirtinator.com) of your decision to withdraw from this Agreement by means of a clear statement (e.g. a letter sent by post, a fax or an email). You may use the attached withdrawal form template, although this format is not mandatory. The withdrawal period shall be deemed observed if notice of your decision to exercise the right of withdrawal has been sent before the expiry of the withdrawal period.

(2) Consequences of withdrawal
If you withdraw from this Agreement, we shall repay all payments we have received from you, including delivery costs (with the exception of any additional costs arising if you selected a method of delivery that differs from the standard, cheapest method of delivery we offer), immediately and no later than fourteen days from the day on which we receive notice of your withdrawal from this Agreement. To carry out this repayment, we use the same payment method you used for the original transaction unless otherwise expressly agreed with you; in no case shall you be charged for any such repayment. We may refuse this repayment until we have received the goods back or until you have provided proof that the goods have been sent back, whichever is the earlier.

You must return or hand over the goods to us immediately and, in any case, no later than fourteen days from the date on which you inform us of your withdrawal from this Agreement. This period shall be deemed to have been met if you send the goods before the expiry of this fourteen-day period. We shall bear the costs of returning the goods. You shall only be liable for any diminished value of the goods if this decrease in value results from handling the goods other than what is necessary to check the condition, features and functionality of the goods.

End of information regarding right of revocation

 
Withdrawal form template

(If you wish to withdraw from this Agreement, please fill out this form and return it to us.)

Shirtinator AG
Infanteriestr. 19 / Building 3
D-80797 Munich
fax number: +49 89 189 319 79
email address: cancellation@shirtinator.com

I/we(*) hereby withdraw from the Agreement concluded by me/us(*) to purchase the following goods (*) / delivery of the following service (*)

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Ordered on (*)/ received on (*):

--.--.---- / --.--.----

Name of the consumer(s)

----------------------

Address of the consumer(s)

----------------------

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Signature of the consumer(s) (for paper-based notifications only)

----------------------

Date:

--.--.----

Download withdrawal form


 


(3) Exclusion of the right of withdrawal
You may not withdraw from your Agreement in the following cases:

- for agreements to deliver goods (e.g. t-shirts) that are not prefabricated and where individual selections or specifications provided by you are decisive in their production, or

- for agreements tailored to your personal requirements (e.g. t-shirts with personal texts or motifs).

Section 11 Copyrights for print designs, release from liability

The Customer shall expressly ensure that they are entitled to publish and reproduce the text and motifs they are using. In doing so, the Customer shall ensure in particular that they safeguard the data protection interests and privacy of any parties concerned. The Customer shall undertake not to transfer any data whose content infringes third-party intellectual property rights (e.g. trademarks and copyrights) or violates existing laws or standards of common decency.

Furthermore, we reserve the right to conduct a special review for racist, politically and individually discriminatory text content and reject the product order accordingly.

Section 12 Final provisions

(1) All contracts between the Supplier and Customer shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) Provided that the Customer is a merchant, legal person under public law or special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Supplier shall be the registered office of the Supplier.

(3) The legal invalidity of individual points of this Agreement shall in no way affect the validity of the remaining provisions. Where available, legal provisions shall replace the invalid points. However, the entire Agreement shall become invalid if this constitutes an unreasonable hardship for one of the contracting parties.

End of the General Terms and Conditions

 
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