General Terms and Conditions
of Sales and Delivery of sprd.net AG for Customers
§ 1 General Information
Your contractual partner for all orders within the
scope of this online offer is sprd.net AG, represented by
its Executive Board: Jana Eggers (Chair), Matthias C. Spiess
and Andreas Schröteler, of Karl-Heine-Strasse 97, 04229
Leipzig, Germany (listed in the Commercial Register at the
Local Court of Leipzig under number HRB 22478), 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 Operator has sole responsibility for the items
and motifs offered in a “Partner Shop”, for
the design of the shop and for advertising the items offered.
Spreadshirt expressly does not adopt as its own those matters
which are the responsibility of the Shop Operator unless
they are in accord with the provisions of these General
Terms and Conditions and/or the provisions of the General
Terms and Conditions relating to Shop Operators. In particular,
this applies to breaches on the part of Shop Operators of
the obligation to apply Spreadshirt’s General Terms
and Conditions in their shops vis-à-vis the end Customer.
§ 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 in and sending off the order form on the
Internet, the Customer makes a binding offer for the conclusion
of a contract of purchase and/or a contract for work and
materials. Before finally sending off the order form, the
customer has the opportunity to check that his/her details
are right and if necessary to correct them on a summary
page. The following languages are currently available for
the ordering process: German, English, French, Spanish,
Dutch, Italian, Norwegian, Swedish, Danish, Polish, Finnish.
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 only materialises when Spreadshirt dispatches
the product ordered to the Customer and confirms the dispatch
to the customer with a second e-mail (“Shipping Confirmation”).
The details of the order can also be viewed online in the
user profile under "Orders" on www.spreadshirt.net.
(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 shall depend on punctual
and correct supply of the goods to Spreadshirt. This proviso
shall not apply in the event of short-term disruption to
deliveries or if Spreadshirt can be held responsible for
non-delivery, in particular if Spreadshirt fails to make
a congruent hedging transaction in good time. The Customer
will be informed immediately that the service is not available.
If Customer has already paid for the goods, this money will
be reimbursed.
§ 4 Delivery
/ Shipment
(1) In principle, delivery is made within three weeks from
the date when the Customer receives confirmation of his/her
order. Delivery dates and times are only binding if they
are expressly confirmed as such by Spreadshirt 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 ordering from EU states, the prices as
given are the gross prices and include the statutory incidental
taxes, in particular Value Added Tax. Postage and packing
is charged for separately and shown separately in the invoice.
The delivery address is definitive.
(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
cancellation
(1) Right of cancellation . If you are a consumer within
the meaning of § 13 of the German Civil Code [Bürgerliches
Gestzbuch, BGB], you may withdraw your contractual statement
within two weeks in writing (e.g. by letter, fax or e-mail)
without stating a reason, or – if the goods have already
been delivered to you before the expiry of this time limit
– by returning the goods. The time limit begins after
receipt of this instruction in writing, but not before the
goods are delivered to the recipient (in the case of recurring
deliveries of similar types of goods, not before the first
part delivery is received) and also not before we have fulfilled
our obligations to provide information as per § 312c
Section 2 BGB in association with § 1 Sections 1, 2
and 4 of the German Civil Code Ordinance on the Duty to
provide Information to Consumers [BGB-Informationspflichten-Verordnung,
BGB-InfoV] as well as our obligations in accordance with
§ 312e Section 1 Clause 1 BGB in association with §
3 BGB-InfoV. In order to meet the time limit for the cancellation
it is sufficient to send off the notice of cancellation
or the goods in good time.
The notice of cancellation or return of the goods should
be addressed to:
sprd.net AG
Karl-Heine-Str. 97
04229 Leipzig
Germany
or sent by fax to: 49 (0) 341 94016 129
or by e-mail to: service@spreadshirt.net.
This right of cancellation does not exist in the case of
contracts for the delivery of goods that Spreadshirt has
manufactured on the basis of the Customer’s specifications
or which are clearly tailored to the personal needs of the
Customer. In particular this applies to products that are
printed with motifs (texts or images) at the request of
the Customer. The Customer knows that by ordering such products
he/she is giving precise instructions for the goods to be
manufactured.
(2)
Consequences of cancellation . In the event of an effective
cancellation, each party shall return to the respective
other party the benefits received and issue any benefits
involved (e.g. interest). If you are unable to return the
benefit you have received in full or in part or can only
return it in an impaired condition, you may have to pay
us compensation for its value in this respect. This does
not apply to the relinquishment of items if the impairment
of the item can only be ascribed to your inspection of it
– for example, as might have been possible for you
in a retail outlet. For the rest, you can avoid the obligation
to pay compensation for the value of an impairment that
has arisen as a result of beginning to utilise the item
for its intended use by not making use of the item as your
property and refraining from doing anything that would have
an impact on its value. You must return items which can
be sent by parcel post at your own risk. You must cover
the cost of the return if the goods as supplied are in accordance
with what was ordered and if the price of the item to be
returned does not exceed 40 euros or, if the price of the
item is higher, if at the time of cancellation you have
not yet paid for it in full or made a contractually agreed
part payment. In any other case the return of the goods
is free of charge to you. Items which cannot be sent by
parcel post will be collected from you. Obligations to make
payments must be fulfilled within 30 days. The time limit
begins for you at the point at which you send off your notice
of cancellation or the item; for us it begins at the point
at which we receive it.
If the whole contract is cancelled, Spreadshirt will also
bear the costs of dispatching the goods to the consumer
(costs of sending).
End of the cancellation instructions .
§ 11 Copyrights
to Print Designs, Release from Liability
(1) If the Customer provides his/her own motif or otherwise
influences the product (personalisation of text), the Customer
assures Spreadshirt that the text and motif are not subject
to any rights held by third parties. In such case the cost
of any breaches of copyright, personal rights or rights
to the use of a name will be borne solely by the Customer.
The Customer also assures Spreadshirt that by personalising
the product he is also not breaching any other rights held
by third parties.
(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.
