General Terms & Conditions | GREEN SHIRTS

 

1. Scope of Application

(1) These General Terms and Conditions (“T&Cs”) apply to all goods and services offered by us, COMPANY NAME (hereinafter referred to as the “Seller”), via our webshop at COMPANY WEBSITE and otherwise, in accordance with the contract concluded between us and the customer.

(2) Our offers are primarily directed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into the contract, acts in the exercise of their commercial or independent professional activity.

(3) The legal relationship between us and the customer shall be governed exclusively by these T&Cs. Any conflicting or deviating terms and conditions of the customer are hereby expressly rejected. Such deviating terms shall not apply even if we do not expressly object to them in individual cases.

(4) These T&Cs are available for inspection at any time on our website and may also be requested from us.

(5) Should, in an individual case, a contract nevertheless be concluded with a consumer within the meaning of Section 13 BGB, we hereby point out that the products manufactured by us are generally not prefabricated but are produced exclusively in accordance with the customer’s specifications and are provided with organization-, school-, association- or company-specific designs. As these products are individually manufactured and, due to their customized design and existing usage and intellectual property rights, may not be resold otherwise, no statutory right of withdrawal applies pursuant to Section 312g (2) No. 1 BGB.

 

2. Conclusion of Contract

(1) The goods and services presented on our website and elsewhere do not constitute binding offers to conclude a contract for the purchase of such goods or the booking of such services but serve solely as an invitation to submit an order.

(2) All of our offers are non-binding unless expressly designated as binding or expressly containing binding commitments or unless binding effect has otherwise been expressly agreed. Such offers merely constitute an invitation to place an order for the respective goods or services.

(3) The order submitted by the customer constitutes a binding offer to conclude a contract. The customer shall be bound by their order for a period of 7 working days.

(4) A contract shall only come into existence once we accept the customer’s order in writing or in text form by means of an order confirmation. A prior confirmation of receipt or order acknowledgment merely confirms that the order has been received by us and is subject to review and processing. Such acknowledgment does not constitute acceptance and does not result in the conclusion of a contract.

(5) The contract text shall be stored after conclusion of the contract. The customer shall receive the details of the order in the order confirmation.

 

3. Minimum Quantities, Samples, Specifications, Delivery Periods

(1) Unless otherwise agreed, the minimum order quantity shall be 30 units for sweaters and hoodies, 50 units for T-shirts, and 100 units for tote bags.

(2) The ordering of printed or unprinted samples is possible.

a. For unprinted samples, a flat-rate price of EUR 10 to EUR 35 per sample plus shipping costs and applicable VAT shall be charged. In the event of a subsequent order placement, the full cost of the sample shall be credited. The standard delivery time for unprinted samples is 5 working days. Section 3 (4) and (6) of these T&Cs shall apply accordingly.

b. Printed samples are available only for orders of at least 100 units. The costs and details of production and shipment of printed samples are subject to a separate agreement. The standard delivery time for printed samples is 14 working days after order approval. Section 3 (4) and (6) of these T&Cs shall apply accordingly.

(3) We reserve the right to modify the product specifications to the extent necessary due to the nature of the materials selected by the customer, the chosen printing method, or the data provided by the customer, provided that such modification does not result in a deterioration in quality or suitability for the usual purpose and, where suitability for a specific purpose has been agreed, for that specific purpose.

(4) Delivery shall be made by shipment to the delivery address specified by the customer, unless otherwise agreed. The risk of accidental loss or accidental deterioration shall pass to the customer in the case of collection upon handover of the products to the customer; in the case of shipment, upon handover to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, and at the latest upon leaving our factory, warehouse, branch office, or the manufacturer’s facility, unless delivery is agreed as an obligation to deliver to the destination. The above shall also apply in the event of agreed partial deliveries.

(5) As a rule, goods shall be dispatched within three weeks after order approval. However, the delivery period separately agreed in the contract shall be decisive. Express deliveries or orders requiring shorter delivery times are subject to separate agreement.

(6) If delivery periods have been specified by us or made the basis of the contract, such periods shall be extended in the event of strikes or force majeure for the duration of the delay. The same shall apply if the customer fails to fulfill any required obligations to cooperate. If a permanent obstacle to delivery occurs for which we are not responsible, in particular force majeure or non-delivery by our own supplier despite having concluded a timely and adequate covering transaction, we shall be entitled to withdraw from the contract in whole or in part. The customer shall be informed without undue delay and any consideration already received, in particular payments, shall be refunded.

(7) If delivery or collection of the completed goods is delayed at the request of the customer or for reasons for which the customer is responsible, we shall be entitled, beginning on the day following the originally agreed delivery or collection date, to store the goods and charge either a lump sum of 1.5% of the net invoice amount attributable to the goods for each commenced month or the actual costs incurred. The customer shall be entitled to prove that the actual costs incurred were lower than the lump sum charged. The assertion of further rights shall remain unaffected.

 

4. Customer Print Data

(1) The customer shall provide us with the data necessary for the performance of the contractually agreed services in the formats specified by us. If the transmission or approval of such data is required for the performance of the services, any agreed delivery periods shall be extended accordingly. If print data is provided that does not comply with the specified formats and requirements, we shall not assume any liability for any resulting deficiencies in print quality.

(2) The customer warrants that the data provided is free from third-party rights or that the customer has obtained the necessary usage rights required for the performance of the contract with respect to such data. The customer shall indemnify and hold us harmless from and against any third-party claims and associated costs asserted against us due to an infringement of third-party rights arising from the data provided by the customer.

 

5. Prices and Payment Terms

(1) All prices stated in our offers are subject to statutory value-added tax (VAT), where applicable, particularly in the case of cross-border deliveries. Any additional costs depending on the chosen shipping method, payment method, and place of delivery shall also be specified.

(2) The customer may use exclusively the following payment methods:

a. Payment Service Provider (PayPal and PayPal PLUS)
Where payment is made using a payment method offered by PayPal, payment processing shall be carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. The payment service provider enables the processing of payments between us and the customer, forwarding the customer’s payment to us. Further information regarding PayPal’s functions and terms of use can be found at:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE

b. Advance Payment
Unless otherwise agreed, the invoice amount shall be transferred to the specified account within 14 days of receipt of the invoice and notification of all necessary payment details. For invoices with a value of EUR 500 or more, 50% of the invoice amount shall be payable in advance prior to commencement of production, unless otherwise agreed. The remaining 50% shall be payable within 14 days of receipt of the invoice.

(3) Additional payment methods are offered via Novalnet. Payment processing shall be carried out via the payment service provider Novalnet. Available methods include credit card, Sofortüberweisung, eps, and direct debit. The payment service provider facilitates the processing of payments between us and the customer by forwarding the customer’s payment to us. Further information regarding Novalnet’s functions and terms of use can be found at:
https://www.novalnet.de/wp-content/uploads/documents/site_pdf/RZ_Good_to_know_V%201.3.1.pdf

(4) The statutory provisions governing the consequences of default in payment shall apply.

(5) The customer shall only be entitled to set-off rights if their counterclaims have been finally adjudicated, are undisputed, acknowledged by us, or arise from the same contractual relationship as our principal claim. If the customer is an entrepreneur, they may only exercise a right of retention insofar as their counterclaim arises from the same contractual relationship.

(6) In the event of an increase in manufacturing, material, or procurement costs between the date of conclusion of the contract and the date of delivery, we shall be entitled to adjust the agreed remuneration accordingly, provided that such increase directly or indirectly affects the production or procurement costs of the goods or the costs of our contractually agreed services and more than four months have elapsed between the conclusion of the contract and the time at which we are obliged to perform. An adjustment shall be excluded to the extent that cost increases in certain factors are offset by cost reductions in other factors with regard to the overall cost burden of the delivery. The customer shall only be entitled to withdraw from contracts not yet fully performed if the price increase exceeds 20% of the originally agreed price. Such right must be exercised without undue delay after notification of the increased price.

6. Retention of Title and Additional Reservations

(1) If the customer is an entrepreneur, we shall retain title to the goods until all claims arising from the business relationship with the customer have been fully satisfied, even if the specific goods have already been paid for.

(2) The customer shall notify us without undue delay of any enforcement measures by third parties affecting the goods subject to retention of title and shall provide all documents necessary for intervention. This shall also apply to any other impairment of the goods. The customer shall inform third parties in advance of our rights in the goods. The customer shall bear the costs of any intervention by us if and to the extent that the third party is not able to reimburse such costs.

(3) In the event of resale of the goods subject to retention of title, the customer hereby assigns to us, as security, all claims arising from such resale against their customers until all claims against the customer have been satisfied. In the event of processing, transformation, or combination of the goods subject to retention of title with other items, we shall acquire direct ownership of the newly created item. Such item shall be deemed goods subject to retention of title.

(4) If the value of the security exceeds our claims against the customer by more than 20%, we shall, at the customer’s request, release securities of our choice to the corresponding extent.

(5) We reserve the right to engage third parties to perform the contractual obligations.

7. Transport Damage

(1) If goods are delivered with apparent transport damage, such damage should be reported to the carrier immediately upon delivery. The customer should also contact us without undue delay, but no later than 7 days after delivery.

(2) Failure to comply with this obligation shall have no consequences for the customer’s statutory claims and their enforcement, in particular with regard to warranty rights, provided that the customer has complied with their general duties of inspection and notification pursuant to Section 377 BGB (German Commercial Code – HGB). However, prompt notification and reporting of damage to the carrier may be necessary in order to secure claims against the carrier or the transport insurance.

 

8. Product Characteristics – Duty to Inspect and Notify – Limitation Period

(1) In the event of defects, we shall be liable in accordance with the statutory provisions, unless otherwise limited by the following provisions.

(2) If the customer is an entrepreneur, the customer shall inspect the goods without undue delay upon delivery.
Apparent defects must be reported in writing within 10 working days after delivery of the goods.
Hidden defects must be reported in writing without undue delay, but no later than 10 working days after their discovery.

Dispatch of the notice within the deadline shall suffice to meet the time limit.
If proper and timely notice is not given, the goods shall be deemed approved pursuant to Section 377 of the German Commercial Code (HGB).

(3) Over- or under-deliveries of up to 10% are permissible for production-related reasons and shall not constitute a defect. The quantity actually delivered shall be decisive for invoicing purposes.

(4) In the case of custom-made products and individual productions, production-related, customary, or technically unavoidable deviations shall not constitute a defect, provided they are within industry-standard tolerances.

This applies in particular to deviations in color (especially in textile printing, embroidery, dyeing, or batch variations), material, fabric characteristics, weight (grammage), finishing, print or embroidery appearance, motif size, positioning, measurements, fit, as well as minor deviations from samples, digital previews, approved production files, Pantone/RAL specifications, or previous deliveries, provided that usability for the intended purpose is not materially impaired.

(5) Upon approval of print, embroidery, production, or proof data by the customer, the customer assumes responsibility for the content-related, design-related, and technical accuracy of the approved materials.

This applies in particular to texts, spelling, numbers, size indications, color assignments, motif positioning, layout, and other execution details.

No liability shall be assumed for errors or deviations identified after approval, provided that production was carried out in accordance with the approved materials.

Any change requests after approval shall require a separate agreement and may result in additional costs and adjustments to the delivery period.

(6) Claims for defects shall become time-barred one year after delivery of the goods to the customer.

This shall not apply to claims for damages arising from injury to life, body, or health, or from intentional or grossly negligent breaches of duty. In such cases, the statutory limitation periods shall apply.

(7) We do not provide any guarantees in the legal sense to the customer.

9. Limitation of Liability

(1) Our liability for breaches of contractual obligations and for tort shall be limited to intent and gross negligence. This shall not apply in cases of injury to life, body, or health, in cases of breach of essential contractual obligations (i.e., obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely), or in cases of liability for damages caused by delay pursuant to Section 286 BGB. In such cases, we shall be liable for any degree of fault.

In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the typical and foreseeable damage.

(2) The above limitations of liability shall also apply to our affiliated companies and to the personal liability of our employees, staff members, representatives, shareholders, and vicarious agents, as well as those of our affiliated companies.

(3) To the extent that liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, staff members, representatives, and vicarious agents.

 

10. Reference Use and Marketing

(1) We shall be entitled to use the products manufactured within the scope of the respective order in their specific execution for reference and self-promotional purposes. This includes, in particular, presentation on our website, in social networks, in presentations, at trade fairs, in sales materials, and in other marketing media.

(2) The customer grants us a non-exclusive, unlimited in time and territory right to use images and representations of the manufactured and refined goods, including any logos, trademarks, and designs applied thereto, insofar as these were used within the scope of the specific order.

(3) Reference use shall be limited to customary industry practice. Such use shall be excluded where and to the extent that legitimate confidentiality interests of the customer conflict with such use or where a separate written non-disclosure agreement (NDA) has been concluded.

(4) We shall further be entitled to present the manufactured products for promotional purposes through our own personnel or commissioned third parties and to create and publish photo or video recordings in this context. Where identifiable individuals are depicted, publication shall take place exclusively in compliance with applicable legal requirements, in particular the right to one’s own image.

(5) The customer may object to future reference use for legitimate reasons in writing. Content already published shall remain unaffected to the extent that its removal would be unreasonable for us.

  

11. Final Provisions

(1) This contract shall be governed by the laws of the Federal Republic of Germany.

 

(3) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be our registered office. However, we shall also be entitled to bring legal action against the customer at the customer’s place of business.

(4) The German version of these Terms and Conditions shall be legally binding. The English version is provided for convenience purposes only. In the event of any discrepancies, inconsistencies, or interpretation differences between the German and English versions, the German version shall prevail.

End of the Terms & Conditions