Version: 19.03.2013.
1. General Information
Your contractual partner for all orders is the Shirtinator AG. All deliveries from Shirtinator to the customer are carried out based on the general terms and conditions. These underlie all offers and agreements between Shirtinator and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions are only binding if Shirtinator has agreed to them in writing.
We store the contract's content and will send you the details of your order as well as our general terms via email. You can find the terms here (http://www.shirtinator.co.uk/terms-conditions/) at all times. The details about your recent orders can be found in your customer account (http://www.shirtinator.co.uk/signin/)
2. Responsibility for Online Offer
Shirtinator offers two types of shops. Firstly there are shops which are designed and operated by Shirtinator itself. Secondly, there are shops which are designed and operated by independent shop owners ("Affiliate Shops"). Information regarding the independent shop owner can be viewed via the "legal information" in the respective shop.
Shirtinator is responsible for the articles and motifs offered in the Shirtinator shop as well as the overall design of the shop.
The shop owners of Affiliate shops are responsible for the articles and motifs offered in their Affiliate Shop, as well as for the design of the shop and for their advertising of their products.
3. Conclusion of Contract
The offer on the website is a non-binding invitation for the customer to place an order with Shirtinator.
By filling in and sending off the order form on the website, the Customer makes a binding offer for concluding 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 if the details of the order are correct.
After placing an order the customer receives an order confirmation email. This confirmation mail does not represent an acceptance of the offer but shall acknowledge the customer that their order was received by Shirtinator.
The contract only materializes when Shirtinator dispatches the ordered product to the Customer and confirms the dispatch to the customer with the delivery confirmation mail.
Customers can check the details of their order in the 'My Account' section of the website here: https://www.shirtinator.co.uk/signin/
4. Right to Cancel
(1) As our valued customer you have the unconditional right to cancel your contract within 14 days of delivery, without being obliged to state any reasons. To comply with this time limit, all you need to do is to either return the goods bought online or send a return request within the 14-day period by e-mail to service@shirtinator.co.uk, telephone, or by a letter.
Shirtinator AG
Infanteriestr. 19, Building 3
80797 Munich
Germany
If you return goods bought online, the purchasing contract is cancelled and you will be refunded once the delivered goods have been returned.
(2) This right of withdrawal does not exist in the case of contracts for the delivery of goods that Shirtinator 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.
(3) 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, 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 our risk.
You shall be required to pay the regular costs 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 £ 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.
If a product is damaged or defective, the recipient must make arrangements with Shirtinator support as to how the return should be handled prior to placing the items back in transit to Shirtinator.
If the whole contract is cancelled, Shirtinator will also bear the costs of dispatching the goods to the consumer (costs of sending).
End of the withdrawal instructions.
5. 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 Shirtinator 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 replacement goods, withdraw from the contract or a reduction in purchase price.
(3) In the case of return shipments due to defects Shirtinator 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, Shirtinator 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.
6. 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 separately and shown separately in the invoice. The delivery address is definitive.
(2) 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.shirtinator.co.uk
7. Delivery / Shipment
(1) Generally, delivery takes 5 – 10 working days if the delivery address is in Great Britain 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 Shirtinator in writing.
(2) Delivery is available to United Kingdom as well as some European countries: More information can be found at www.shirtinator.co.uk.
(3) Delivery shall be conducted by a shipment service provider chosen by Shirtinator. 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.shirtinator.co.uk.
8. Conditional Sale
All goods remain the property of Shirtinator AG as long as they have not been entirely paid. If the customer is a merchant according to the German Commercial Code, Shirtinator AG remains the proprietor of all delivery items up to the receipt of all payment due resulting from the business relationship.
9. Billing, Payment, Tax
Shirtinator AG bills always include the German sales tax (VAT). There is no exception from that, even if products are sent to another country.
Shirtinator accepts payment with credit card (Mastercard and Visa) or Paypal.
Shirtinator AG reserves the right to accept only certain methods of payment in particular cases. We are sorry, but we will neither accept money in cash nor cheques sent by mail and we'll not bear responsibility for any loss.
In case of the method of payment chosen by the customer not being practicable, where Shirtinator AG has met its contractual obligations, in particular if it's 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 Shirtinator AG or a third party which carried out the transaction.
Shirtinator is entitled to make use of the services of third parties for the handling of payment. If it comes to a default payment for the customer, Shirtinator is permitted to assign its claims to a debt collection agency and transfer the personal details required for the handling of payments to these parties.
Should any third parties intervene in the handling of payments, then payment in relation to Shirtinator 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.
10. Copyrights to Print Designs, Release from Liability
If the customer provides his/her own motif/design or otherwise influences the product (for example, by adding text to it), the customer assures Shirtinator that the text and/or motif are not subject to any rights held by third parties. In case of a violation of copyright, personal rights or rights to the use of a name any cost will be borne solely by the customer. The customer also assures Shirtinator that by customizing the product he/she is not violating any other rights held by third parties. The customer releases Shirtinator 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 Shirtinator for all defense costs and other damages resulting from any such action.
11. Technical and Design Deviations
When fulfilling the contract, Shirtinator expressly reserves the right to deviate from the description and information in our brochures, catalogues and other written and electronic documents with respect to material, colour, weight, measurement, 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 process.
12. Data Protection
Please read our detailed privacy statement for information on data protection. If you would like to receive further information, please do not hesitate to contact us at datenschutz(at)shirtinator.de.
13. Operator of the Shirtinator Online Shop
Shirtinator AG
Infanteriestr. 19, Building 3
80797 Munich
Germany
Represented by:
Sven Rittau (President)
Markus Huber
Anna von Godin
Trade Register
Munich HRB 167849
VAT-ID: DE 814 839 655 (Value Added Tax Identification Number)
14. Customer Service
You can contact our customer service at service@shirtinator.co.uk
Of course, you can also use our contact form if you would like to contact us.
15. Place of Jurisdiction – Place of Fulfillment – Choice of Law
Place of fulfillment for all services is the place of business of Shirtinator AG in Munich, Germany. If the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund law, then Munich, Germany is the place of general jurisdiction. In such case, Shirtinator is also entitled to sue the customer according to the opinion of Shirtinator at their resident court. The same applies if the customer does not have their place of residence of habitual residence abroad after conclusion of the agreement, or their place of residence of habitual residence is unknown at the time of filing of an action.
According to these general terms and conditions of the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention for 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.
If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
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