§1 Scope and Definitions
The contract is concluded on the basis of these Terms and Conditions (T&C) between the "customer" and
factonet e-commerce GmbH
represented by Managing Director Constantin Seretoulis
Reuttier Straße 40
D-89231 Neu-Ulm
Germany
Email: [email protected]
Web: www.shirtcity.com
Phone: (+49) / (0)731 25084483
(hereinafter referred to as "shirtcity," occasionally also as "we"/"us" for clarity).
Definitions
(a) Consumer: For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 of the German Civil Code).
(b) Entrepreneur: For the purposes of these terms and conditions, an entrepreneur is a natural or legal person or a legally responsible partnership that, when concluding a legal transaction, acts in the exercise of its trade, business, or profession (§ 14 of the German Civil Code).
(c) Customers: For the purposes of these terms and conditions, customers are both consumers and entrepreneurs.
These T&C apply to all contracts concluded with shirtcity for the purchase and delivery of goods via the online shop {{domain_currently_on}}.
Differing T&C and purchasing conditions of our customers do not apply and are not accepted, even if they are not expressly contradicted.
There are no verbal agreements.
§2 Registration in Our Online Shop and Processing of Personal Data
Our customers can order goods in our online shop either as guests or as registered users. As a registered user, our customers do not have to enter their personal data each time but can simply log into their customer account ("My Account") with their email address and password before or during an order. Registration alone does not create any purchase obligation.
Information on the processing of your personal data can be found in our privacy policy.
§3 Conclusion of Contract
The presentation of goods in our online shop does not constitute a legally binding offer but a non-binding invitation for the customer to place an order.
An offer is made via the online shop when the customer:
- selects goods by clicking and
- adds them to the shopping cart (Button: "Add to Cart") and
- clicks the button "Next Step" in the shopping cart after selecting the desired payment method;
Only by clicking the "Order with Obligation to Pay" button is a binding offer submitted. Before the customer submits their order in the online shop, all details of the order and the data entered by them are displayed again in a final step.
If the customer detects any input errors during their review, they can correct these by clicking "Back" or "Edit"; by closing the browser window, the entire ordering process can be canceled at any time.
The acceptance of the offer (conclusion of the contract) generally occurs only through the dispatch of an order confirmation by email or the delivery of the ordered goods to the customer. It is recommended to regularly check the spam folder of the email inbox.
§4 Prices / Invoice
All prices are final prices including VAT, plus delivery/shipping costs.
The VAT is separately shown on our invoice.
§5 Quantity of Goods
The supply of goods is only made in household quantities.
§6 Delivery / Shipping Costs
The delivery/shipping costs can be found in the respective item description.
Orders with a total value of goods amounting to €200.00 or more are free of shipping costs.
§7 Payment Terms
The purchase price is due immediately upon ordering.
Shirtcity offers the following payment methods:
- Credit Card (Visa, MasterCard)
- Klarna Sofortbanking
- Klarna Invoice
- Klarna Pay Now
- PayPal
- PayPal Express
- Apple Pay
- Google Pay
- Amazon Payment
- Prepayment
Shirtcity reserves the right not to offer certain payment methods and to refer to other payment methods.
The entered data is not stored by shirtcity but may be stored by the respective selected payment provider. The respective data protection provisions of the payment service provider apply.
Payment by PayPal:
When paying by PayPal, the customer is directly redirected to PayPal after submitting the order and releases the purchase price there. As soon as shirtcity receives a message about the authorization, the goods will be shipped according to the stated delivery time. The customer's PayPal account will be charged with the invoice amount after authorization.
Payment by Credit Card:
When paying by credit card, the customer pays directly in the order process by entering the credit card details. The credit card is charged with the invoice amount when the goods are shipped.
Payment with Klarna:
When paying via Klarna, the payment is made directly to Klarna by the customer. Further information can be found in the terms and conditions of Klarna.
Payment with Apple Pay:
Payment via Apple Pay is made directly through the customer's Apple account. After submitting the order, they are redirected to Apple, where the payment of the invoice amount can be authorized. As soon as shirtcity is informed about the authorization, the item will be shipped. Depending on the agreement between the customer and Apple Pay, the account will be charged after authorization or after shipment.
Payment with Google Pay:
Payment via Google Pay is made directly through the customer's Google account. After submitting the order, the customer is redirected to Google, where the payment can be authorized. As soon as shirtcity is informed about the authorization, the goods will be shipped. Depending on the agreement between the customer and Google, the account will be charged after authorization or after shipment.
If the payment method chosen by the customer is not feasible despite contractually proper execution by shirtcity, e.g., because a debit from the customer's account is not possible due to insufficient funds or due to incorrectly provided data, the customer must reimburse shirtcity or the third party commissioned by them with the processing for the additional costs incurred.
Shirtcity is entitled to use the services of trusted third parties for payment processing:
- In the event of default in payment by the customer, shirtcity may assign its claims to a collection agency and transfer the personal data necessary for payment processing to this third party.
- When involving third parties in payment processing, the payment in relation to shirtcity is only considered made when the agreed amount has been made available to the third party so that the third party can dispose of it without restrictions.
The customer agrees to receive invoices exclusively electronically in PDF format via email.
§8 Delivery Conditions
We deliver in accordance with the agreements made with you. The delivery/shipping costs can be found in the respective item description. Details can be viewed in our shipping cost table.
The delivery generally takes place within 8 working days from receipt of the order confirmation by the customer.
The shipping company is visible on the respective product page.
§9 Retention of Title
The delivered goods remain the property of the seller until full payment of the purchase price, including any ancillary claims.
- Customers who are consumers are not entitled to resell our reserved goods.
- Customers who are entrepreneurs are entitled to resell the goods in the ordinary course of business; however, they hereby assign to shirtcity all claims in the amount of the final invoice amount (including VAT) of the claim of shirtcity that arise from the resale against their customers or third parties. The customer remains authorized to collect this claim even after the assignment. The authority of shirtcity to collect the claim itself remains unaffected.
Shirtcity undertakes not to collect the claim as long as the customer meets their payment obligations from the collected proceeds, does not default on payment, and in particular, no application for the opening of insolvency proceedings has been filed, or there is no suspension of payments. If this is the case, however, shirtcity may demand that the customer informs shirtcity of the assigned claims and their debtors, provides all the information necessary for collection, hands over the corresponding documents, and informs the debtors (third parties) of the assignment.
§10 Right of Withdrawal for Consumers
Right of Withdrawal
Consumers have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (factonet e-commerce GmbH, Reuttier Straße 40, 89231 Neu-Ulm, Germany, Email: [email protected], Phone: (+49) / (0)731 25084483) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 5 EUR. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to:
factonet e-commerce GmbH
Reuttier Straße 40
89231 Neu-Ulm
Germany
Email: [email protected]
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
- Ordered on (*)/received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is notified on paper):
- Date:
(*) Delete as appropriate.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in particular to clothing items that have been individually printed according to customer specifications.
§11 Warranty
The customer is entitled to statutory warranty rights in the event of defects in the goods. In the case of justified complaints, we are entitled to determine the type of subsequent performance (replacement delivery or rectification), taking into account the nature of the defect and the legitimate interests of the customer. These claims of consumers expire for new goods two years after receipt of the goods. If the customer is an entrepreneur, they must fulfill their obligations under § 377 of the German Commercial Code to assert warranty claims.
- Guarantee: Shirtcity does not provide any guarantees. Product properties are not guaranteed by Shirtcity unless the assurance is made explicitly.
- Public Statements: We are only liable to entrepreneurs for public statements, especially in advertising, that we have prompted or explicitly referred to when concluding the contract. In such cases of public statements prompted by us, liability exists only if the statement has actually influenced the commercial customer's purchasing decision.
- Transport Damage: In the event of transport damage, the goods must be left in the condition they were in when the damage was identified.
- Variations: Variations in color, texture, and firmness from the sample provided can only be objected to if the variation is deemed significant in commerce. Variations due to raw materials in color, texture, or firmness are expressly reserved. Should there be bottlenecks with one of our suppliers, we reserve the right to supply an equivalent item.
- Infringement of Third-Party Rights: The customer must not violate legal prohibitions, good morals, or third-party rights (e.g., name, copyright, data protection rights) with the form, content, or intended purpose of their desired prints. The customer undertakes, in particular, not to order any text prints containing pornographic, violence-glorifying, or inciting content, nor to incite crimes or depict instructions for such crimes. In the event of violations of legal prohibitions, good morals, or third-party rights (e.g., name, copyright, data protection rights) by the form, content, or intended purpose of the customer's desired prints, this does not constitute a material or legal defect for which Shirtcity is liable. Claims for defects due to such circumstances do not exist.
Liability
- General Liability: We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which endangers the achievement of the purpose of the contract, and compliance with which the customer regularly relies. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. The same applies to breaches of duty by our vicarious agents.
- Exceptions to the Limitation of Liability: The aforementioned exclusions of liability do not apply to the breach of life, body, and health. Liability under the Product Liability Act remains unaffected.
§12 Indemnification for Infringement of Protection Rights
The customer alone is liable if the execution of their order violates rights, especially copyrights or trademark rights, of third parties. In such cases, the customer shall indemnify Shirtcity against all third-party claims due to such an infringement of rights. Shirtcity may at any time request proof from the customer of the right to use third-party name or copyright rights. The customer shall reimburse Shirtcity for all necessary defense costs and other damages incurred as a result.
§13 Invoice and Contract Storage
The invoice with a list of the ordered goods will be sent to customers by email upon acceptance of the contract offer or with the notification thereof. A separate contract text is not stored by Shirtcity. However, these terms and conditions remain accessible at www.shirtcity.com/en/terms.
User Account: If the customer has created a user account, they can also view the details of past orders in their user area. If the order was placed without a user account, the customer can access the order details via a link in the respective order confirmation.
§14 EU Platform for Online Dispute Resolution (ODR)
The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. Details can be found at the aforementioned link. We are not obliged and not willing to participate in a dispute resolution procedure under the Consumer Dispute Settlement Act (VSBG).