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These contract terms apply to the contracts concluded between
LOGOSHIRT-SHOP GmbH & Co. KG
Rüttenscheider Platz 5
(hereinafter referred to as “Supplier” or “us”) and our customers (hereinafter referred to as the “Customer” or “you”), but only to those contracts which are concluded through the use of telecommunications technology (i.e., for example via the internet or by telephone) in our online shop. Contracts concluded in our offline shop (bricks-and-mortar shop) are subject to the terms and conditions applicable there.
1. Applicability, definitions
(1) The following General Terms and Conditions as valid at the time of order placement apply exclusively to the commercial relationship between the Supplier and the Customer. Any deviating terms and offers of contract by the Customer are herewith rejected.
(2) The Customer is a consumer, unless the purpose of the product and service is attributable to the Customer’s commercial or self-employed professional activities. By contrast, an entrepreneur is defined as any natural or legal person or a partnership with legal personality who or which, when concluding the contract, acts in exercise of its commercial or self-employed professional activities.
2. Conclusion of contract
(1) The Customer may select products from our product range and place them in the virtual shopping basket by clicking the appropriate button. By clicking the button “place order”, the Customer then issues a binding offer to purchase the products in the shopping basket.
(2) The Customer may view, amend and correct the data entered by him or her at any time before placing the order. However, the Customer’s order can only be placed and transmitted if the Customer has accepted these General Terms and Conditions in the course of the ordering process and has therefore included them in the order.
(3) The Supplier will then send the Customer an automatic confirmation of receipt by email, which details the Customer’s order and which the Customer may print out using the “print” function. The automatic confirmation of receipt simply confirms that the Supplier has received the Customer’s order; it does not constitute acceptance of the offer to purchase.
The contract only arises upon our declaration of acceptance, which is sent by separate email. The declaration of acceptance may be replaced by issuing an invoice to the Customer for the ordered goods. We may also replace the declaration of acceptance by implementing the order within five days of order receipt. Where several of the aforementioned means of acceptance take place, the contract arises upon the first instance of acceptance. In any case, the Customer shall receive a confirmation of contract in text form in accordance with the statutory requirements.
In the event that the Customer has received no declaration of acceptance, invoice or notification of delivery, that is, no goods, within five days, the Customer is no longer bound to its order. Any consideration already rendered by the Customer will in this event be refunded immediately.
(4) The subject-matter of the delivery or service are the goods and/or services offered by us and ordered by the Customer. Unless expressly stated otherwise in the respective offer, descriptions and prices relate to the products offered, not to any accessories or decorations which may be pictured alongside.
(5) In the event that, without fault on our part and despite all reasonable effort, we are unable to deliver the ordered goods because our supplier has failed to comply with its contractual obligations to us, we are entitled to withdraw from the contract. However, this right to withdraw only applies if we have a congruent covering transaction agreement (binding, timely and sufficient ordering of goods) in place with the supplier and are not in any other respect responsible for the failure to deliver. In such a case, we shall immediately inform the Customer that the ordered goods are not available. Payments already made by the Customer will be refunded immediately.
(6) The contract language is German.
(7) As a rule, email is used to process orders and make contact in the course of contract implementation. The Customer must therefore ensure that the email address specified for order processing is correct and that no settings or filter configurations of the Customer prevent the receipt of emails relating to the contract.
(8) Where our products or services state a delivery time, this delivery time and the information provided to calculate the delivery time take priority. Where no or no other delivery time is specified for the respective goods in our online shop, the delivery period is seven days. In the case of advance payment, this delivery period starts on the day following the day on which the payer’s bank receives the payment order or, in the case of other means of payment, on the day after the conclusion of contract, and ends at the end of the last day of the aforementioned period. If the last day of the delivery period falls on a Saturday, Sunday or official public holiday at the place of delivery, the next working day becomes the last day of the delivery period.
3. Retention of title
The delivered goods remain our property until all claims arising from the contract are fulfilled; in the event that the customer is a corporate body under public law, a special fund under public law or an entrepreneur acting in exercise of his/her commercial or self-employed professional activity, the goods remain our property until all claims under the continuing business relationship are fulfilled,even thereafter.
4. Prices and shipping costs
(1) Our prices are quoted inclusive of statutory VAT and exclusive of shipping costs.
(2) The applicable shipping costs are specified to the Customer before conclusion of the contract and are payable by the Customer, unless free shipping has been agreed.
(1) The Customer may pay using one of the payment methods specified in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within seven calendar days, unless the agreed payment method stipulates otherwise.
(3) The Customer must ensure that their account contains sufficient funds. The Customer shall compensate us for any damage incurred due to bounced payments as a result of insufficient funds.
(4) The Customer’s obligation to pay default interest does not exclude the assertion of further claims for damages due to the default.
(5) The Customer is only entitled to a right to offset if the Customer’s counterclaims have been acknowledged by us or have been finally established by a court of law, or if the counterclaims result from the same contractual relationship. The Customer is only entitled to exercise a right of retention if the Customer’s counterclaim is based on the same contractual relationship.
6. Passing of risk
(1) With regard to consumers, according to statute, the risk of accidental loss and accidental deterioration of the purchased goods only passes to the Customer upon delivery of the purchased goods to the Customer.
(2) If the Customer is acting as an entrepreneur, the following applies: Delivery is ex works. The risk of accidental loss and accidental deterioration of the goods passes to the Customer at the latest upon handover. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods and the risk of delay passes to the Customer upon handover of the goods to the shipping company, the carrier, or any other person or institution instructed to perform the delivery.
(3) In the event of delay in acceptance on the part of the Customer, failure on the part of the Customer to cooperate, or where our service is delayed for other reasons for which the Customer is responsible, we are entitled to claim compensation for the resulting damage, including additional expenses (e.g. storage and transport costs). Lager- und Transportkosten) zu verlangen.
7. Warranty for defects, guarantee
(1) Warranty claims for defects relating to products delivered by us and used lapse one year after their handover to the Customer. In the case of entrepreneurs, the limitation period for warranty claims relating to goods delivered by us is one year; the limitation period does not restart if a replacement delivery is made in the context of the warranty. In all other respects, we are liable for defects in accordance with the applicable statutory provisions, in particular Sections 434 et. seq. of the German Civil Code (BGB).
(2) Our liability pursuant to Section 8 of these General Terms and Conditions, in particular our liability for claims for damages by the Customer due to personal injury or death or due to a breach of material contractual obligations (see Section 8 below), for damages pursuant to the German Product Liability Act, and for any guarantees provided, is unaffected by the limitations of paragraph (1) above. The statutory limitation periods for the claim to recourse pursuant to Section 478 BGB for entrepreneurs, and our liability in the event of the malicious concealment of a defect, are likewise unaffected.
(3) Claims for asserted by entrepreneurs are conditional upon the Customer having complied with the statutory duties to inspect and register a complaint (Sections 377, 381 of the German Commercial Code (HGB)).
(4) Any guarantee by us concerning quality or durability (Section 443 BGB) applies to our goods only if such a guarantee has been explicitly offered and agreed. This does not affect any manufacturer's guarantees.
(5) Complaints and warranty claims may be addressed to the address specified in the information provided.
(1) Claims of the Customer for damages are excluded. This does not apply to claims of the Customer for damages resulting from personal injury or death, or the breach of material contractual obligations (“cardinal obligations”), or liability for other damage which is incurred due to the intentional or grossly negligent breach of a duty by the Supplier, its legal representatives, or its vicarious agents. “Material contractual obligations” are obligations the fulfilment of which is necessary for the contract purpose to be achieved and obligations which the Customer as the other party to the contract may regularly trust will be fulfilled. In the event of a breach of material contractual obligations, the Supplier will only be liable for foreseeable damage which is typical of the type of contract concerned if this was caused by ordinary negligence, unless the Customer’s claims for damages result from personal injury or death.
(2) The limitations of paragraph (1) above also apply for the benefit of legal representatives and vicarious agents of the Supplier if claims are asserted directly against them, and also apply mutatis mutandis to claims for reimbursement of expenses.
This is without prejudice to the provisions of the German Product Liability Act, and our liability for any guarantees provided.
9. Right of cancellation
Consumers have a statutory right of cancellation. In accordance with the statutory requirements, you will receive separate notification of your right of cancellation in text form.
10. Contract text
The contract text is not stored by us and cannot be accessed following completion of the order process. The Customer may print out these General Terms and Conditions and the order details before sending the order and will receive a confirmation of contract in accordance with the statutory requirements.
(1) The European Union has set up an online platform (“ODR platform”) for online out-of-court dispute resolution. The OS platform is intended as an initial point of contact for out-of-court settlement of disputes involving contractual obligations arising from online purchase contracts. The platform is available at http://ec.europa.eu/consumers/odr.
(2) We are not willing or obliged to participate in any dispute resolution proceedings with any consumer arbitration body.
12. Miscellaneous provisions
(1) The law of the Federal Republic of Germany applies to this contract, to the exclusion of UN law on the sale of goods. With regard to consumers, this choice of law only applies if the consumer is not thereby deprived of the protection offered by mandatory provisions applicable in the state of the consumer’s permanent residence.
(2) If the Customer is an entrepreneur, a corporate body under public law or a special fund under public law, or if the Customer has no general place of jurisdiction within the Federal Republic of Germany, the legal venue for all disputes arising from contractual relationships between the Customer and the Supplier is the registered seat of the Supplier.
(3) Any invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. Where available, statutory provisions shall replace the invalid provisions. However, where this would result in unreasonable hardship for one of the parties to the contract, the contract as a whole shall be void.