Terms and Conditions of Sales and Delivery
General Terms and Conditions of sprd.net AG for Customers
§ 1 General Information
For all your orders in the context of this online offer sprd.net AG is your contracting partner, represented by the managing directors Jana Eggers (CEO), Matthias Spieß, Michael Petersen and Andreas Schröteler, Karl-Heine-Straße 97, 04229 Leipzig, hereafter referred to as "Spreadshirt".
All deliveries from Spreadshirt to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Spreadshirt and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Spreadshirt has agreed to them in writing.
§ 2 Responsibility for Online Offer
(1) Two shop types are available on Spreadshirt´s platform. First, there are shops which are designed and operated by Spreadshirt itself (“Spreadshirt shops“), and second, there are shops which are designed and operated by independent shop owners (“partner shops”). Information on the respective owner of a shop can be viewed via the link “legal information“ in the respective shop.
(2) Spreadshirt is responsible for the articles and motifs offered in a “Spreadshirt shop” as well as the overall design of the shop.
(3) The shop owner is solely responsible for the articles and motifs offered in a “partner shop“ as well as the design of the shop, and the advertising of the articles offered. Then and only then, with the placing of an order and the subsequent related production of the goods does Spreadshirt adopt the contents of the shop owner.
§ 3 Conclusion of the Contract
(1) The “offers“ contained on the website represent a non-binding invitation for the customer to place an order with Spreadshirt.
(2) By filling out and sending an order form on the internet, the customer makes a binding offer for the conclusion of a contract of sale or, as the case may be, a contract for work and materials. Then Spreadshirt sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility, in particular any possible infringement upon trademark rights of third parties. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Spreadshirt.
The contract is only concluded when Spreadshirt ships the ordered product to the customer and confirms the shipment (shipment confirmation) to the customer in a second e-mail.
(3) In connection with §2 (3) Spreadshirt as platform provider cannot pre-examine all print designs created by customers or shop owners for possible breaches. Spreadshirt reserves the right to reject received orders within the legal period of acceptance if, during the ordering process, it becomes known or it is suspected that third-party rights or statutory regulations will be violated by a print design.
(4) The conclusion of the contract is carried out with the reserve of punctual and complete delivery by our own suppliers. This only applies if it is not a short-term interruption of delivery and the non-delivery cannot be justified by Spreadshirt, in particular if Spreadshirt fails to cover a congruent substitute transaction in a timely manner. The customer shall be informed immediately about the non-availability of the service. If the case of the customer having already paid, then they shall be reimbursed.
§ 4 Delivery / Shipment
(1) The delivery will be shipped within three weeks at the latest. Normally, goods are shipped within a few days. Delivery times and terms of delivery shall only be binding insofar as Spreadshirt has expressly agreed to such in writing.
(2) Delivery is available to Germany as well as some European countries: More information can be found at www.spreadshirt.net.
(3) Delivery shall be conducted by a shipment service provider chosen by Spreadshirt. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to. Current shipping prices can be viewed at www.spreadshirt.net.
(4) If in exceptional circumstances delivery is not possible within the period of three weeks after conclusion of the contract mentioned in (1), Spreadshirt shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit (§ 126b of the German Civil Code). The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing (§ 126b of the German Civil Code).
§ 5 Prices
(1) For customers from EU countries the stated prices are final. They include the statutory taxes arising from the transaction, particularly sales taxes. Shipping and handling are billed separately and shown separately on the invoice. The shipping address is decisive.
(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay shipping and handling, which may depend on order value and the delivery location. Current shipping prices can be viewed at www.spreadshirt.net.
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
§ 6 Payment
(1) Payment will be carried out according to the customer´s choice of either direct debit, credit card, advance payment or other payment methods. Spreadshirt reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.
(2) In case of the method of payment chosen by the customer not being practicable, where Spreadshirt has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Spreadshirt or a third party which carried out the transaction.
(3) Spreadshirt is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, Spreadshirt is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to Spreadshirt only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
§ 7 Conditional Sale
(1) Up to the payment of any monies owed to Spreadshirt the goods remain the property of Spreadshirt. If the customer is a merchant according to the German Commercial Code (HGB), Spreadshirt remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
§ 8 Guarantee
(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Spreadshirt for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(3) In the case of return shipments due to defects Spreadshirt will also pay for the cost of postage.
(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, Spreadshirt shall not be liable for the continuous and uninterrupted availability of the online offer.
(5) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).
(6) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.
§ 9 Limitation of Liability
(1) Apart from that, liability on the part of Spreadshirt follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Spreadshirt only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, Spreadshirt also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) Spreadshirt´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of Spreadshirt according to the German Product Liability Act remains unaffected by the abovementioned provisions.
(2) As far as liability of Spreadshirt is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Spreadshirt.
§ 10 Right of Withdrawal
(1) If the customer is a consumer, they have the opportunity to withdraw from the contract concluded with Spreadshirt within 14 days after receipt of the goods without giving reasons. Withdrawal may be carried out in writing (e.g. via letter, facsimile or e-mail) or by return of the goods to Spreadshirt. The period of grace begins not earlier than the point at which the goods are received together with a copy of these instructions in writing (e.g. by letter, fax or e-mail). For compliance with the period of withdrawal the timely mailing of the withdrawal or return of the goods shall suffice.
Declaration of withdrawal or return of the goods shall be addressed to:
sprd.net AG
Karl-Heine-Str. 97
04229 Leipzig
Deutschland
or via e-mail to: service@spreadshirt.net
(2) This right of withdrawal does not apply for contracts for the delivery of goods which Spreadshirt produced according to specifications of the customer or which were clearly tailored to the personal needs of the customer. This applies in particular to products which were printed with the designs (texts or designs) on the customer's demand. The customer is aware of the fact that with ordering such products he gives Spreadshirt concrete instructions for the production of the goods.
(3) Once the cancellation process has been completed and has come into effect, the customer is under an obligation to return the goods if the goods can be sent by parcel post. Articles which cannot be sent by post will be collected from the customer. The customer must bear the cost of returning the goods if the article supplied is in accordance with what was ordered and if the price of the articles to be returned does not exceed EUR 40 or if, in the event of the price of the article being higher, at the time of cancellation the customer had not paid in full or made a contractually agreed payment by instalments. In all other cases there is no charge for the return of the goods.
(4) In the case of a withdrawal from the contract, the customer shall be obliged to pay compensation for the deterioration of the product following commencement of intended use of the product. The customer has the opportunity to avoid this, if the product is only examined for its applicability and suitability. As far as nothing different has been agreed to in the above, the customer shall also be liable for any deterioration or accidental destruction of the product.
(5) The right of withdrawal from the contract exists irrespective of any claims of the customer for warranty as far as the goods show flaws (for this see § 8 Guarantee).
End of withdrawal instructions
§ 11 Copyrights to Print Designs, Release from Liability
(1) If the customer uploads their own design or influences the product in any other way (text personalization), the customer assures Spreadshirt that text and design are free from any third-party rights. The costs for possible infringements of copyright, personal rights or naming rights are to be borne completely by the customer, in this case. The customer also assures that by individualization of the product he does not infringe upon any other third-party rights.
(2) The customer releases Spreadshirt from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall reimburse Spreadshirt for all defense costs and other damages resulting from any such action.
§ 12 Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.
§ 13 Data Protection
Spreadshirt uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Spreadshirt for fulfillment and handling of the contract. This data is treated confidentially by Spreadshirt and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Spreadshirt has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.
§ 14 Place of Jurisdiction – Place of Fulfillment – Choice of Law
(1) Place of fulfillment for all services is the place of business of Spreadshirt in Leipzig.
(2) As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Leipzig is the place of general jurisdiction. In such case, Spreadshirt is also entitled to sue the customer according to the opinion of Spreadshirt at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
(3) According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.
(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
Version 11/2007 Print
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