General Terms and Conditions

Buyer



§ 1 General


a) Area of Validity
These General Terms and Conditions shall be valid for all business relations between Boender & Beutel GmbH, Vogelsanger Strasse 356-358, 50827 Cologne,represented by its General Managers Mr. Philipp Beutel and Mr. Nino Boender (called hereafter: Shirtee) and its customers at the time of contract completion. Contrary General Terms and Conditions by the customer are hereby expressly rejected.

b) Contract Agreement
Contract language is German.

c) Changes to the General Terms and Conditions
Shirtee reserves the right to subsequently adjust and modify these General Terms and Conditions towards existing business relations based on legal changes, highest court case laws or as further circumstances require that the contractual equal relationship is not only irrelevantly damaged. A subsequent modification or change of the General Terms and Conditions will become effective when the customer does not object the notification of the modification and changes within six (6) weeks. Shirtee will expressly notify the customer at the beginning of the period about the result of their silence as acceptance of the contract modification and changes, and grants them the option to deliver an exclusive letter of expression during that period. If the customer objects on time, Shirtee as well as the customer can invoke an extraordinary termination of the contract agreement.

§ 2 Registration/Close of Contract

a) Completion of Contract
The presentation of the product range in Shirtee’s Internet shop is non-binding and without obligation. To use the full scope of the website, it is possible to set up a customer account. Here, the data is asked for which is required to perform the services through Shirtee. The data entered are confirmed by clicking the “Register” button. The customer then receives a confirmation email with the data required for logging in. Only when the customer logs into the website with this information by Boender & Beutel for the first time is the registration process completed. The password which allows the customer access to the personal area is to be treated strictly confidential and may not be given to third parties at any time. The customer takes care of the suitable and appropriate measures to prevent knowledge of his password to third parties. A customer account cannot be transferred to other customers or other third parties.

b) Close of Contract via the website
The order process on this website consists of a total of two (2) steps. In the first step, the client selects the desired merchandise. In the second step, the client enters their data including billing address and, if necessary, different delivery address, if not already specified in their customer account, and can select a payment and delivery method before clicking the button “Purchase Now” (German: “zahlungspflichtig bestellen”/”legally binding purchase order”). This order signifies the customer’s legally binding contract offer. Shirtee will confirm the receipt of the order immediately. The confirmation receipt does not yet represent a legally binding acceptance of the order. Shirtee is entitled to legally accept the commissioned contract offer within two (2) days after the end of the campaign in the allotted time period by email, facsimile, telephone, regular mail or by sending the merchandise. This acceptance closes the contract between Shirtee and its client.

As far as certain campaign goals are given, the following difference applies:

A legally-binding reservation exists by sending the completed order form of the customer. Shirtee then sends an order confirmation to the customer which, however, does not represent an acceptance of the offer. Shirtee reserves the right to reduce the minimum number of required orders to the actual orders at the end of the campaign or to reject the offer upon not reaching the minimum number of required orders.

c) Non-acceptance clause

Shirtee reserves the right to reject orders received, esp. if Shirtee learns or suspects during the order process that print motive infringes the rights of third parties or legal regulations.

d) Storage of Contract Text Body

The contract’s text body is stored by Shirtee and sent to the customer after sending their order next to the existing General Terms and Conditions and customer information in textform (i.d. email, facsimile or regular mail). The contract text cannot, however, be retrieved by the customer through the seller’s Internet site after submitting the order. The customer can print the contract text on the desired website through the print function of the browser.

§ 3 Delivery

a) Partial Shipment

Shirtee is entitled to partial shipments when it is acceptable to the customer. However, in the event of partial shipments, the customer will not be charged additional shipping costs.

b) Delivery and Performance Delays

Delivery and Performance Delays based on acts of God/force majeure and extraordinary and non-foreseeable events, which even with extreme precaution by Shirtee cannot be prevented (including especially: strikes, regulatory action or court orders, and instances of incorrect or improper delivery of goods to the seller despite the appropriate covering transaction to that effect), are not to be imputed to Shirtee. They entitle Shirtee to postpone delivery by the time period of the hindering circumstance.

c) Cancellation of Contract

At non-availability, based on the above-mentioned reasons, Shirtee may cancel the contract. Shirtee commits to inform the customer without delay about the non-availability and shall reimburse any services already rendered in return.

d) Exemption of Delivery


Deliveries will not be made to addresses of Post Offices boxes and packing stations/shipping stations.

e) Delay of Acceptance

Should the customer be in delay of acceptance of the goods ordered, Shirtee shall be entitled, after an appropriate grace period, to cancel the contract and file for damages because of delay or non-compliance. During the delay of acceptance, the customer carries the risk of accidental loss or accidental deterioration.

f) Performance Period

As far as nothing else is agreed upon, the delivery through Shirtee will take place within 4 weeks. For deliveries, the period commences with cash-on-advance payment on the day after placing the payment order to the financial institute making the transfer, respectively the day after contract close for purchases by invoice. The period ends at the end of the fourth week. Should the last day of the performance period be on a Saturday, Sunday or locally accepted National or Federal Holiday, the period ends the next business day.

§ 4 Payment

a) Prices and Shipping cost
All prices are inclusive of the applicable German Value Added Tax rate (German: Umsatzsteuersatz). Additionally, separatedly marked costs for packaging, and shipping are to be paid, as far as the customer does not agree upon personal pick-up from the headquarters of Shirtee in Köln [Cologne].

b) Forms of Payment
The customer can select between the following types of payment: cash-on-advance, PayPal, immediate bank transfer (BillSAFE) and invoice.

c) Purchase by Invoice through Klarna

In cooperation with Klarna AB (publ) (“Klarna”), we offer payment by invoice to the customer. This means for the customer, that he never has to disclose their own account information and only pay when receiving the merchandise. This makes the customer’s purchase especially safe and easy.

After the shipment of goods, the customer has fourteen (14) days to make payment on the order. Payment information is issued upon shipping the goods and transferred to the customer by email.

For each purchase, we charge an invoice fee in the amount of EUR 3.00. If the customer is late in making payment, then Klarna can demand damages for each overdue notice with a flat fee in the amount of EUR 1.20.

Further fees as charged in the following cases:

  • Acceptance of the package is refused
  • The goods are not picked up from the post office within seven (7) days despite notification by the shipping company
  • The recipient cannot be determined

Within the Federal Republic of Germany EUR 4.90
within the European Union EUR 11.90

d) Payment Delay
The customer is delayed with a payment if payment is not received by Shirtee within two weeks after receipt of the invoice. In case of delay of payment, interest in the amount of five percentage points above the European Central Bank’s base interest rate. Should the customer be delayed with their payments, then Shirtee reserves the right to charge overdue fees in the amount of EUR 5.00. The assertion of further damages shall remain undisputed. The customer has the possibility to proof that Boender & Beutel suffered no or only a minimal amount of harm.

e) Right of Retention
The enforcement of a right of retention is only available to the customer for such counterclaims which are due and based on the same legal relationship as the customer’s obligation.


§ 5 Notice to the Right of Cancellation for consumers with long-distance contracts

Right of Cancellation

The consumer is entitled to a right of cancellation according to § 355, for contracts closed outside of the company’s offices and with long-distance contracts. The Right of Cancellation is not in place for the following contracts, unless otherwise specified by the parties:
Contracts for the delivery of goods which are not pre-manufactured and for which the manufacturing is based upon a customized selection or purpose by the consumer or which are specialized according to the consumer’s needs.

At Shirtee.de, printed matter is sold exclusively, which are manufactured based to customer specification, so that the consumer’s right to cancel the long-distance contract is excluded, § 312 d Section 4 No. 1 BGB [BGB: Bürgerliches Gesetzcode/German Civil Code]. The legal warranty rights hereof remain untouched.


Notice to the Right of Cancellation

You have the right to cancel your contract within fourteen (14) days without stating reasons.

The Cancellation Period is fourteen (14) days from the date on which you or a third person authorized by you, who is not a promoter or carrier, has taken possession or takes possession of the merchandise or the last goods.

To exercise your Right of Cancellation, you must inform us (Boender & Beutel GmbH) by sending an unequivocal explanation (i.e. a letter sent by regular mail, facsimile, or email) about your decision to cancel this contract. You may use the attached Sample Form of Cancellation, which, however, is not mandatory.

To guarantee the Cancellation Period, it suffices that you send the Notice to the Right of Cancellation before the end of the cancellation period.

Consequences of the Notice to the Right of Cancellation

When you cancel this contract, we will have to return to you all payments which we have received from you, including the delivery cost – as far as these were covered by the customer – (with exception of the additional cost resulting from a different type of delivery method which you may have chosen other than the least expensive standard delivery method offered by us), immediately and within fourteen (14) days at the latest, from the day on which we received the Notice of your Cancellation. For this return of payment, we will use the same form of payment which you used for the original transaction, unless other arrangements were specifically made with you; under no circumstance will we charge you with fees due to this repayment. We can refuse the return of payment, until we will have received the return of the merchandise or until you will have provided proof that you sent back the merchandise, depending on which point of time comes first.

You will have to send back or hand over the merchandise immediately and in any case within fourteen (14) days at the latest from the day on which you inform us about the Cancellation of this contract. The period is adhered to when you send back the merchandise before the end of the fourteen (14) day period. You are charged with the immediate cost of the return of the merchandise.

You only must bear the expenses for a possible loss of value when this loss of value, after having examined and tested the merchandise’s texture, qualities and functionality, results from unnecessary handling by you.

- End of the Notice to the Right of Cancellation -

Exemption to the Right of Cancellation
The Right of Cancellation is not in place with contracts for the delivery of goods which are not pre-manufactured and for which the manufacturing is based upon a customized selection or purpose by the consumer or which are specialized according to the consumer’s needs. Additionally, the Right of Cancellation is not in place with contracts for the delivery of goods which can spoil easily or whose expiration date would be quickly surpassed.

§ 6 Reservation of Ownership

Shirtee shall remain owner of all delivered merchandise until complete payment of the purchase price is made. The customer has to treat merchandise carefully at all times under reservation of ownership. The customer conveys a claim or replacement to Shirtee which he receives for the damage, destruction or the loss of the goods. If the customer acts contrary to the contract, esp. with delay of payment, Shirtee is entitled to take the goods back. Taking the purchase item back constitutes a withdrawal from the contract.

§ 7 Guarantee

a) Warranty claim
There are legal warranty claims. A warranty claim may only be made concerning the condition of the merchandise; reasonable deviations in regards to aesthetic characteristics of the merchandise shall not come within the warranty claim.

b) Transfer of risk
Risk of accidental destruction or deterioration of merchandise ordered shall only be transferred upon the customer’s receipt of goods.

c) Notification
Should the customer realize that they have received goods in damaged packaging or notice damage after receipt of the goods, Shirtee asks that the customer informs the company. There shall neither be an obligation to such notification nor shall the customer’s warranty rights be affected by an omitted notification.

d) Subsequent performance
Should the merchandise be defective, the customer may choose to require subsequent performance in form of subsequent repair or subsequent delivery. In the event that, even after two attempts, the defect could not be corrected, the customer may choose to cancel the purchase or reduce the price.

e) Rights regarding non-essential defects
Should a non-essential defect exist, the customer shall be entitled only to the right of an appropriate reduction of the purchase price excluding the right to cancel.

f) Damages for defects
Liability is not assumed for damage which may be based on the incorrect handling or use of the merchandise. Shirtee shall only provide damages for the goods’ defects in the event of intent or gross negligence. This exclusion shall not be applied to liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.

§ 8 Technical and artistic discrepancies

Concerning the descriptions and details in brochures, catalogues and other material by Shirtee, technical and artistic discrepancies can take place (e.g. cloth texture, color, weight, measurements, design or other), as far as these discrepancies are reasonable towards the customer. Such reasonable causes for change can result from commercial-practice variations and technical production processes. Shirtee advises that the object created by the customer in the Online Designer only represents a preview which is not legally binding. During production, discrepancies regarding measurements, positioning and colors may happen.

§ 9 Color coding and available sizes

Since color codes and available sizes used by Shirtee were selected by Shirtee and/or the manufacturers, color codes and available sizes are not subject to any standard so discrepancies regarding color and sizes by the different manufacturers and their products may happen. Concerning the colors displayed, Shirtee advises that the color displayed may deviate. Displaying the color in the online shop can therefore not completely represent the color of the product. Textile articles should be washed before being worn for the first time since chemical residue related to production remail in the textiles which can lead to reactions with body sweat when being worn and also result in discolorations of the textiles. This, however, does not constitute a defect.



§ 10 Liability

a) Liability Exemption Disclaimer
Shirtee, and its legal representatives and vicarious agents, shall only be liable for intent or gross negligence. In case of slight negligence, liability shall only cover the violation of essential contractual duties, consequently of such duties whose compliance is of special importance for the fulfillment of this contract’s purpose. Liability shall only be limited to the foreseeable, contract typical, immediate average damage. Towards business owners, Shirtee shall only be liable in case of a gross negligent violation against non-essential contractual duties in the amount of the foreseeable, contract typical, immediate average damage.

b) Retention of Liability
The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.



§ 11 Final clause

a) Place of Jurisdiction
It is agreed that the exclusive place of jurisdiction for all litigation proceedings based on this contract shall be the registered office of Shirtee in Köln [Cologne], insofar as the customer is a merchant, legal entity under public law or special fund under public law, or insofar as the customer does not have a place of jurisdiction in the Federal Republic of Germany.

b) Governing Law
Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon that German law shall be valid excluding the UN Convention on the International Sale of Goods.

Alternative Settlement of Disputes (B2C)
The European Commission has created an Internet platform for Online Settlement of Disputes regarding contractual responsibilities originating from online contracts (OS Platform). Shirtee is not required and willing to participate in this Settlement of Disputes before a Consumer Mediation Office. The customer can reach the OS Platform by clicking the following link: http://ec.europa.eu/consumers/odr/

c) Severability Clause
Should individual sections of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.

 

Campaign Creator


§ 1 General

(1) These General Terms and Conditions shall be valid for all business relations between Shirtee, Vogelsanger Strasse 356-358, 50827 Cologne,represented by its General Managers Mr. Philipp Beutel and Mr. Nino Boender (called hereafter: “Designers”) and its customers at the time of contract completion. Contrary General Terms and Conditions by the customer are hereby expressly rejected.

(2) Contract language is German.

(3) Designers and therefore Shirtee’s Contract Partners can only be business owners in the sense of § 14 BGB [German Civil Code].

(4) Shirtee reserves the right to subsequently adjust and modify these General Terms and Conditions towards existing business relations based on legal changes, highest court case laws or as further circumstances require that the contractual equal relationship is not only irrelevantly damaged. A subsequent modification or change of the General Terms and Conditions will become effective when the designer does not object the notification of the modification and changes within six (6) weeks. Shirtee will expressly notify the designer at the beginning of the period about the result of their silence as acceptance of the contract modification and changes, and grants them the option to deliver an exclusive letter of expression during that period. If the designer objects on time, Shirtee as well as the designer can invoke an extraordinary termination of the contract agreement.


§ 2 Registration

(1) To use the full scope of the website, it is possible to set up a customer account. Here, the data is asked for which is required to perform the services through Shirtee. The data entered are confirmed by clicking the “Register” button. The designer then receives a confirmation email with the data required for logging in. Only when the designer logs into the website with this information by Shirtee for the first time is the registration process completed.

(2) The password which allows the customer access to the personal area is to be treated strictly confidential and may not be given to third parties at any time. The customer takes care of the suitable and appropriate measures to prevent knowledge of his password to third parties. A customer account cannot be transferred to other customers or other third parties.


§ 3 Contract Content, Close of Contract, Storage of Contract Text Body

(1) Shirtee offers designers the possibility to run time-limited campaigns by making technical means available. In the scope of such campaigns, the designer can create the products offered by Shirtee with their own prints/designs with the help of the aforementioned technical means. Afterwards they can offer these products on the Internet for sale to third parties (final customers). Final customers can purchase the products created by the designer during the campaign duration.

(2) The Close of Contract regarding the creation of a campaign happens in several steps. In Step 1, the designer chooses the desired product including print/design to design the product. In Step 2, they determine their profit target (number of the products to be sold) and the sales price. The procedure for the sales price chosen by the designer originates from § 4 of these General Terms and Conditions. Afterwards the designer determines the campaign duration and describes their campaign. After the creation of the campaign, the designer sends Shirtee a legally-binding offer by clicking on the button “Publish Campaign”. Shirtee is entitled to legally accept the contract offer, based on the campaign creation, by activating it within two (2) days after receiving the campaign. By accepting it, a contract between Shirtee and the designer is closed.

(3) The Contract Text Body is not stored and saved by Shirtee. The designer can print the applicable webpage with the contract text body by using the browser’s print function.


§ 4 Third-Party Rights, Granting of Rights of Use

(1) To make the offer available, the designer grants Shirtee all required Rights of Use to the uploaded prints and designs. The Rights of Use contain especially the Right of Public Broadcasting as well as the reproduction for the purpose of manufacturing and the promotion of designed products in the scope of the Internet site www.shirtee.de. The designer grants Shirtee geographically unrestricted, timely unlimited, non-exclusive Rights of Use. The granting of Rights of Use takes place until the cancellation of one of the parties.

(2) The designer commits themselves not to transfer data whose content enfringes Third-Party-Rights (i.e. copyrights, trademark rights) or violates against existing laws.

(3) To avoid the violation of Third Party property rights, the designer is obligated to acquaint oneself with possibly existing trademarks or designs at the German Patent and Trademark Office.

(4) The designer is solely responsible for the content and accuracy of the data transmitted by the designer. The designer is obligated to inform Shirtee immediately if claims are made against him due to the violation of Third Party Rights, which show a direct connection to the goods published in the shop.

(5) In the event that Third Parties file claims against Shirtee due to an enfringement of rights, it is at Shirtee’s discretion to eliminate the content in question from the shop in parts or as a whole. The same is the case in the event that the customer uses prints which contain images of violence, sexual explicit content or discriminating statements or images towards race, sex, religion, nationality, handicap, sexual tendencies or age. The customer confirms with the transmittal of data to Shirtee to have accepted the copyright regulations.

(6) The customer releases Shirtee from all claims which stem from Third Parties against Shirtee due to such violations. This also includes the reimbursement of cost for necessary legal representation.


§ 5 Prices, Payment Procedures

(1) The sales price for the sale of the designed products to the end consumer (total price) consists of the following: Net price (determined by Shirtee), a markup chosen by the designer and the Value-Added Tax. The Gross Price is to be paid to Shirtee by the end consumer. The markup included will be distributed to the designer according to the breakdown made valid by close of contract. The markup is added to every sold product which is not cancelled.

(2) The amount of the markup is be determined by the designer themselves by setting the markup as part of the product design on top of the sales price set by Shirtee.

(3) Credits and profits earned are shown in the customer account and can also be paid out this way. The designer can pay out the profit available to him three (3) weeks after campaign end at the earliest. The pay-out takes place by the choice of the designer via PayPal or SEPA Bank Transfer. The designer is responsible for deliberately falsely transmitted bank transfers or PayPal data.

(4) As far as the designer is not required to publish the Value-Added Tax (e.g. small business owner), the profit payout will take place net, that means without the Value-Added Tax paid by the end consumer. In all other cases, Shirtee pays the commission to the designer, inclusive of the Value-Added Tax paid during the sale by the end consumer.

(5) In the event that Third Parties make claims against a violation of rights through the use of a customer’s print design, Shirtee reserves the right to retain markups until final clarification.


§ 6 Contract Relationship to the end consumer

(1) If end consumers purchase products designed by the designer in Shirtee’s shop, the end consumers are exclusively Shirtee’s customers. An independent legal relationship exists between the end consumer and Shirtee. For customer orders, customer service and product sales to the end consumer, Shirtee’s guidelines, rules and operating processes shall exclusively apply. The aforementioned legal relationship is independent of the possible legal relationship between the designer and the end consumer who visits the designer’s Internet site.

(2) In connection with the sale to end consumers through Shirtee’s shop, Shirtee is entitled to modify and change guidelines, order processes and operational processes at any time.

(3) Shirtee offers goods returned by end consumers to the designer for first-right-purchases. The designer can make use of this first right to purchase within ten (10) days after receipt of offer. Should the designer waive the goods’ purchase, Shirtee is entitled to use the goods independently.

(4) Shirtee processes the entire order process, especially production, payment process and shipping.


§7 Length of term and Cancellation Period

(1) The contract is closed for an unspecified amount of time and can be cancelled at any time in writing by both parties without giving reasons within a period of three (3) weeks towards the end of the month. The right of constructive dismissal remains untouched herefrom.

(2) Shirtee is entitled to constructive dismissal, if the designer should violate against the regulations in § 4 of these General Terms and Conditions while setting up the campaign.

(3) If the contractual relationship between the designer and Shirtee is terminated, the designer is obligated to delete the content from their Internet site made available by Shirtee. From the point-of-time of the legally-binding cancellation, Shirtee is entitled to technically halt any further incorporation of the offers.



§ 8 Liability

(1) Shirtee and its legal representatives and vicarious agents, shall only be liable for intent or gross negligence. As far as significant contract duties (consequently such duties, whose adherence are of considerable meaning for the reaching of the contract purposes) are affected, even slight negligence is covered. Liability is limited in this case to foreseeable, contract typical, immediate average damages.

Shirtee shall only be liable towards business owners in case of a gross negligent violation against non-essential contractual duties only in the amount of the foreseeable, contract typical, immediate average damage.

(2) The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.

(3 Shirtee conducts effective data storage protection within the scope of service performance, but does not guarantee a general data protection guarantee for the data submitted by the user.



§ 9 Final clause

(1) It is agreed that the exclusive place of jurisdiction for all litigation proceedings based on this contract shall be the registered office of Shirtee in Köln/Cologne, insofar as the customer is a merchant, legal entity under public law or special fund under public law, or insofar as the customer does not have a place of jurisdiction in the Federal Republic of Germany.

(2) The agreed Place-of-Fulfillment for the obligations stemming from this contractual relationship is Shirtee’s Headquarters in Köln/Cologne.

(3) Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon German law.


(4)Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.