GENERAL TERMS AND CONDITIONS

shirtcity.com

Exclusively for the purpose of better readability, the gender-specific spelling is not used. All personal terms in these general terms and conditions are therefore to be understood as gender-neutral.

§ 1 Scope and definitions

(1) The contract is concluded on the basis of these General Terms and Conditions (GTC) between the "customer" and the

(2) factonet e-commerce GmbH,

represented by the managing director Constantin Seretoulis,

Reuttier Street 40

D-89231 Neu-Ulm

Germany

E-mail: info@shirtcity.com

Web: www.shirtcity.com

Phone: (+49) / (0)731 25084483

hereinafter "shirtcity" (occasionally also "we"/us" for reasons of comprehensibility)

closed.

(3) Definitions

(a) "Consumer" within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or independent professional activity (Section 13 of the German Civil Code).

(b) "Entrepreneur" within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity (Section 14 of the German Civil Code).

(c) "Customers" within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. 

(4) These GTC apply to all contracts concluded with shirtcity for the purchase and delivery of goods via the online shop www.shirtcity.com.

(5) Other general terms and conditions and purchasing conditions of our customers do not apply and are not accepted, even if they are not expressly contradicted.

(6) Verbal agreements do not exist.

§ 2 Registration in our online shop and processing of personal data

(1) Our customers can order goods in our online shop as a guest or as a registered user. As a registered user, our customers do not have to provide their personal data each time, but can simply log in to their customer account ("My Account") with their e-mail address and the password freely chosen by them during registration before or during an order. Registration alone does not constitute any obligation to purchase. 

(2) Information on the processing of your personal data can be found in our data protection declaration.

§ 3 Conclusion of contract

(1) The presentation of the goods in our online shop does not constitute a legally binding offer, but a non-binding invitation to order by the customer.

(2) An offer is made via the online shop when the customer has

- has selected goods by clicking on them and

- has placed them in the shopping basket (button: "Add to shopping basket") and

- has clicked the "Buy now" button in the shopping basket after selecting the desired payment method;

(3) A binding offer is not made until the customer clicks on the "Buy now" button. Before the customer submits his order in the online shop, all details of his order as well as the data entered by him are displayed to him once again in a final step.

(4) If the customer discovers input errors during his check, he can correct them by clicking on "back" or "edit";

(5) the entire order process can be cancelled at any time by closing the browser window. 

(6) The acceptance of the offer (conclusion of the contract) is generally only effected by sending an order confirmation by e-mail or by sending the ordered goods to the customer. Regular checking of the SPAM folder of the e-mail inbox is recommended.

§ 4 Prices / Invoice

(1) All prices stated are final prices including VAT, plus delivery/shipping costs.

(2) The sales tax is shown separately on our invoice.

§ 5 Quantity of goods 

Goods shall only be sold in quantities customary in the household. 

§ 6 Delivery/shipping costs

(1) The delivery/shipping costs can be found in the respective article description.

(2) Orders with a total value of goods of € 100.00 or more are free of shipping costs.

§ 7 Terms of payment

(1) The purchase price is due immediately after ordering.

(2) In principle shirtcity offers the payment methods credit card over Stripe Payments Europe (Visa, MasterCard, AMEX) and Paypal.  Shirtcity reserves the right not to offer certain payment methods and to refer to other payment methods.

(3) The entered data will not be stored at shirtcity, but if necessary at the respective selected payment provider. The respective data protection regulations of the payment service provider apply.

a) Payment via PayPal:

When paying via PayPal, the customer is forwarded directly to PayPal after sending the order and releases the purchase price there. As soon as shirtcity receives a message about the

authorisation, the goods will be shipped according to the stated delivery time. The customers PayPal account will be debited with the invoice amount after authorisation.

b) Payment by credit card / via Stripe

Payment by credit card is made via Stripe Payments Europe, Ltd, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"). The terms of use of Stripe apply, which can be viewed at https://stripe.com/de/terms. We have assigned our payment claim to Stripe. Stripe collects the invoice amount from the credit card account or bank account specified by the customer. In the event of assignment, payment can only be made to Stripe with debt-discharging effect. The credit card will be charged immediately after the customer has sent the order in the online shop. We are also responsible for general customer enquiries when the payment method credit card payment via Stripe is selected.

(3) If the payment method chosen by the customer is not feasible despite contractual execution by shirtcity, e.g. because a debit from the customer's account is not possible due to a lack of account coverage or due to incorrectly given data, the customer has to compensate shirtcity or the third party commissioned by him with the processing for the resulting additional costs.

(4) shirtcity is entitled to use the services of trustworthy third parties to process the payment:

a) In case of default of payment of the customer, shirtcity is allowed to assign its claims to a collection agency and to transfer the personal data necessary for the payment processing to this third party.

b) In the case of the involvement of a third party in the payment processing, the payment in relation to shirtcity is only considered to be made when the agreed amount has been made available to the third party, so that the third party can dispose of it without restriction.

(5) The customer agrees to receive invoices exclusively electronically in PDF-format via e-mail.

§ 8 Terms of delivery

(1) 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 found in our shipping costs table.

(2) Delivery is generally made within 4-13 business days, depending on the country to which the goods are shipped (for details see delivery times), from receipt of the order confirmation by the customer.

(3) The shipping company can be seen on the respective product page.

§ 9 Retention of title

(1) The delivered goods remain the property of the seller until the complete fulfilment of the purchase price claim including any ancillary claims.

(2) Customers who are consumers are not entitled to resell our reserved goods.

(3) Customers who are entrepreneurs are entitled to resell the purchased goods in their ordinary course of business; however, they already now assign to shirtcity all claims in the amount of the final invoice amount (including VAT) of the claim of shirtcity, which accrue to him from the resale against his customers or third parties. The customer remains authorised to collect this claim after the assignment. The authority of shirtcity to collect the claim itself is unaffected by this. Shirtcity commits itself not to collect the demand, as long as the customer fulfils his payment obligations from the collected proceeds, does not come into delay of payment and in particular no application for opening of a composition or insolvency proceedings is put or stoppage of payments exists. If this is the case, however, shirtcity can demand that the customer informs shirtcity about the assigned claims and their debtors as well as all information necessary for the collection, hands over the corresponding documents and informs the debtors (third parties) about the assignment.

§ 10 Right of withdrawal for consumers 

If you are a consumer, you have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to exercise your right of revocation, you must send us

factonet e-commerce GmbH,

represented by the managing director Constantin Seretoulis,

Reuttier Straße 40

D-89231 Neu-Ulm

Germany

E-mail: info@shirtcity.com

Web: www.shirtcity.com

Telephone: (+49) / (0)731 25084483

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about 4 GBP. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Sample cancellation form

If you wish to cancel the contract, please complete and return this form:

factonet e-commerce GmbH,

represented by the managing director Constantin Seretoulis,

Reuttier Straße 40

D-89231 Neu-Ulm

Germany

E-mail: info@shirtcity.com

Web: www.shirtcity.com

Telephone: (+49) / (0)731 25084483

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of consumer(s) (only in case of paper communication)

- Date(s)

(*) Delete where inapplicable.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in the present case to items of clothing printed individually according to the customer's wishes.

§ 11 Warranty

(1) The customer shall be entitled to the statutory warranty rights in the event of defects in the goods. 

(2) In the event of justified complaints, we shall be entitled to determine the type of subsequent performance (replacement delivery or rectification), taking into account the type of defect and the justified interests of the customer.

(3) These consumer claims become time-barred after 2 years from receipt of the goods in the case of new goods.

(4) If the customer is a entrepreneur, he must fulfil his examination and rebuke obligations owed according to § 377 commercial code to the asserting of his guarantee claims.

(6) A guarantee is not declared by shirtcity.

(7) Characteristics of the products are not assured by shirtcity, unless the assurance takes place expressly.

(8) Opposite entrepreneurs we are liable only for public statements, in particular in the advertisement, which were arranged by us or to which we referred expressly with conclusion of a contract, in such cases of the public statements arranged by us the obligation to indemnify exists only if this actually influenced the purchase decision of the commercial customer.

(9) In the event of transport damage, the goods shall be left in the condition in which they were when the damage was detected.

(10) Deviations of the delivered goods in colour, surface and strength from the sample presented can only be complained about by the customer if the deviation is to be regarded as substantial in the course of trade. Deviations in colour or surface or strength due to raw materials are expressly reserved. Should bottlenecks occur at one of our suppliers, we reserve the right to deliver an equivalent article.

(11) The customer may not violate legal prohibitions, morality or the rights of third parties (human rights, copyrights, data protection rights, etc.) with the form, content or intended purpose of his desired imprints. In particular, the customer undertakes not to order any pornographic, violence-glorifying or inciting contents as text imprints, not to incite to criminal offences or to present instructions for such. In case of violations of form, content or pursued purpose of the imprints desired by the customer against legal prohibitions, morality and rights of third parties (name rights, copyrights, data protection rights etc.), this does not represent a material defect or defect of title for which shirtcity is responsible. Material defect claims in consequence of such a fact do not exist. 

§ 12 Liability

(1) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.

(2) The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

§ 13 Release from liability Infringement of property rights

(1) The customer is liable alone, if rights, in particular copyrights or trademark rights, of third parties are violated by the execution of his given order. In these cases the customer exempts shirtcity from all claims of third parties because of such an infringement. Shirtcity can require the proof of the authorisation of the use of strange name rights and/or copyrights opposite the customer at any time.

(2) The customer will reimburse shirtcity for all necessary distribution costs and other damages that may arise from this.

§ 14 Invoice and contract storage

(1) The invoice with a listing of the ordered goods are sent to the customers by e-mail with the acceptance of the contract offer or with the notification about this.

(2) A contract text is not stored separately by shirtcity. These terms and conditions remain however callable under www.shirtcity.com/pages/agb .

(3) If the customer has created a user account, he can also view the details of past orders in his user area. If the order was placed without a user account, the customer can access the details of the order via a link in the respective order confirmation.

§ 15 EU Platform for Online Dispute Resolution (OS)

(1) The European Commission provides a platform for online dispute resolution (OS), which can be found under GTC. The details can be found in the link above.

(2) We are not obliged or willing to participate in a dispute resolution procedure in accordance with the Verbraucherstreitbeilegungsgesetz (VSBG).

§ 16 Final Provisions

(1) The language available for the contract committee is exclusively German.

(2) For contracts with entrepreneurs

n is agreed as place of fulfilment for delivery and payment as well as place of jurisdiction our business location in Neu-Ulm. shirtcity is however entitled to sue the customer also at his legal place of jurisdiction. The law of the Federal Republic of Germany applies. Conflict norms as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

(3) The contract in accordance with these General Terms and Conditions shall be governed exclusively by the law of the Federal Republic of Germany. Conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

(4) If the customer is a consumer, this shall apply insofar as no mandatory statutory provisions, in particular consumer protection provisions, conflict with this. If the customer is a consumer and has his habitual residence abroad, mandatory provisions of this state shall remain unaffected.