TERMS CONDITIONS

terms-and-conditions-fair-t-shirts

 

 

TERMS AND RETURN POLICY | GREEN SHIRTS

 

 

1. Scope of application

(1) Our GTC apply to all goods and services offered by us, Green Shirts, owner: Niklas Astor, Nikolausstr. 13, 82335 Berg, (hereinafter "we"), via our web store and otherwise in accordance with the contract concluded between us and the customer.
(2) These GTC apply exclusively to contracts that we conclude with customers who are entrepreneurs pursuant to § 14 BGB. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
(3) The legal relationship between us and the Customer shall be governed exclusively by these GTC. Any deviating rules or regulations of the customer are hereby expressly rejected. Deviating rules or regulations of the customer shall not apply even if we do not expressly object to them individually.
(4) These GTC can be viewed on our website at any time or can be requested from us.

2. Conclusion of Contract

(1) The goods and services presented on our website and elsewhere do not constitute offers to conclude a contract for the purchase of these goods or booking of these services, but merely serve to advertise our services.
(2) All of our offers are subject to change without notice unless they are expressly marked as binding or contain expressly binding commitments or the binding nature has otherwise been expressly agreed. The offers merely represent an invitation to order the service contained therein.
(3) The order sent by the Customer shall constitute a binding offer to conclude a contract. The customer is bound to his order for 7 working days.
(4) A contract shall only be concluded when we accept the Customer's order in writing or in text form by means of an order confirmation. A previously sent confirmation of receipt or order confirmation is merely a confirmation that the order has been received by us, but still needs to be processed and checked. The confirmation of receipt or order does not constitute an acceptance of the order and does not lead to the conclusion of the contract.
(5) After conclusion of the contract, the text of the contract shall be stored. The customer will be sent the details of the order in the order confirmation.

3. minimum quantities, samples, specifications, delivery periods

 

(1) The minimum order quantity is 20 pieces per motif.
(2) It is possible to order printed or unprinted designs.
a. For unprinted samples, a flat rate of EUR 10.00 plus shipping and VAT will be charged per sample. If the order is placed, all costs for the sample will be credited. The standard delivery time for unprinted samples is 5 working days. Section 3.(4) and (6) of these GTC apply accordingly.
b. Printed samples are available for orders of at least 250 pieces. The costs and details of the production and shipping of a printed sample are subject to a separate agreement. The standard delivery time of printed samples is 14 working days after release of the order. Section 3.(4) and (6) of these GTC shall apply accordingly.
(3) We reserve the right to modify the specification of the goods to the extent that the nature of the materials selected by you, the printing process selected by you or the data provided by you make this necessary, insofar as this modification does not cause any deterioration in terms of quality and usability for the usual purpose and, insofar as suitability for a specific purpose was agreed, for this purpose.
(4) Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the Customer. The risk of accidental loss or accidental deterioration shall pass to the customer in the case of an agreed debt to be discharged at the time the products to be delivered are handed over to the customer, in the case of an agreed debt to be discharged at the time the products are handed over to the forwarding agent, the carrier or any other undertaking designated to carry out the shipment, but no later than at the time the products leave our works or our warehouse, or our branch or the manufacturer's works, unless an obligation to deliver has been agreed. The foregoing shall also apply if an agreed partial delivery is made.
(5) As a rule, the goods shall be dispatched within 3 weeks after the order has been released. However, the delivery time agreed separately in the contract shall always be decisive. Express deliveries and orders with shorter delivery times require a separate agreement.
(6) If delivery periods have been specified by us or have been made the basis for the conclusion of the contract, such periods shall be extended in the event of strikes and cases of force majeure for the duration of the delay. The same shall apply if the customer fails to fulfill any obligations to cooperate. If we are not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by our own suppliers, although a corresponding covering transaction was made in good time, we shall have the right to withdraw from a contract with the customer in this respect. The customer shall be informed of this immediately and any services received, in particular payments, shall be refunded.
(7) If the delivery or collection of the finished goods is delayed at the request of the customer or for reasons for which the customer is responsible, we shall be entitled to store the finished goods from the day after the originally agreed delivery or collection date and to charge the customer either a flat rate of 1.5% of the net invoice amount attributable to these goods for each month or part thereof for the costs incurred as a result or the actual proven expenditure. The customer reserves the right to prove that the costs actually incurred are lower than the (possibly flat-rate) amount invoiced. The assertion of further rights remains unaffected.

 

 

4. Print data of the customer

(1) The customer shall provide us with the necessary data for the performance of the contractually owed services in the formats specified by us. If the transmission or release of such data is necessary for the performance of a service, any delivery times shall be extended accordingly. If print data is provided that does not comply with the formats and requirements specified, we shall not be liable for any resulting lack of print quality.
(2) The customer assures that the data provided by the customer are free of third party property rights or that he has acquired the necessary rights of use for the actions required for the execution of the contract with regard to these data. The customer shall indemnify us against claims by third parties and the associated costs which third parties assert against us because the data provided by the customer violates the property rights of these third parties.

5. Prices, terms of payment

(1) All prices in our offers shall additionally show the statutory value added tax incurred, insofar as this is incurred in the case of delivery abroad. Also shown are costs that are incurred depending on the shipping and payment method as well as the place of delivery.
(2) The customer has exclusively the following possibilities for payment:
a. Payment service provider (PayPal and PayPal PLUS)
When paying by means of a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Using the payment service provider allows us and the customer to process the payment among themselves. In doing so, the payment service provider forwards the customer's payment to us. For more information about the features and terms of use of the payment provider PayPal, please visit: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.
b. Prepayment
Unless otherwise agreed, the invoice amount is to be transferred to the specified account 14 days after receipt of the invoice after notification of all details required for the transfer. For invoices with a value of 1,000 EUR or more, 50% of the invoice amount must be paid in advance before the order is executed, unless otherwise agreed.
(3) Further payment methods are offered by Novalnet. In this case, the payment is processed via the payment service provider Novalnet. This includes credit card, instant transfer, eps & direct debit. When using the payment service provider allows us and the customer to process the payment among themselves. In doing so, the payment service provider forwards the customer's payment to us. For more information on the functions and terms of use of the payment provider Novalnet, please visit: https://www.novalnet.de/wp-content/uploads/documents/site_pdf/RZ_Good_to_know_V%201.3.1.pdf.

(4) The statutory provisions shall apply with regard to the consequences of a delay in payment.
(5) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed, recognized by us or if the counterclaims are based on the same contractual relationship as our main claim. If the customer is an entrepreneur, he shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(6) In the event of an increase in material production and/or material and/or product procurement costs between the date of conclusion of the contract and the date of delivery, we shall be entitled to unilaterally adjust the remuneration accordingly if such increase directly or indirectly affects the goods production or procurement costs or costs of our contractually agreed services and if there are more than 4 months between the date of conclusion of the contract and the date on which the services contractually owed by us are to be provided. An increase in the aforementioned sense is excluded insofar as the cost increase in individual or all of the aforementioned factors insofar as the cost increase in individual or all of the aforementioned factors is offset by a cost reduction in other of the aforementioned factors in relation to the total cost burden for the delivery. The customer is entitled to withdraw from contracts not yet fully performed only if the price increase is 20% or more above the original price. However, he may exercise this right only immediately after notification of the increased price.

6. Retention of title and further reservations

(1) If the customer is an entrepreneur, title to the goods shall be reserved until all claims against the customer have been satisfied, even if the specific goods have already been paid for.
(2) The customer shall inform us immediately of any compulsory execution measures of third parties against the reserved goods, handing over the documents necessary for an intervention; this shall also apply to impairments of any other kind. The customer shall inform the third parties in advance of the rights existing in the goods. The customer has to bear the costs of an intervention by the provider, as far as the third party is not able to reimburse them.
(3) In the event that the reserved goods are resold, the customer hereby assigns to the supplier as security the claims against its customers accruing to the customer from the aforementioned transactions until all claims of the supplier against the customer have been satisfied. In the event of the processing of the reserved goods, their transformation or their combination with another item, the Provider shall obtain direct ownership of the manufactured item. This is considered as reserved goods.
(4) If the value of the security exceeds the claims of the Provider against the Customer by more than 20%, the Provider shall, at the Customer's request and at the Provider's discretion, release securities to which it is entitled to the corresponding extent.
(5) The Provider reserves the right to commission third parties with the execution of the order.

7. Transport damages

(1) If goods are delivered with obvious transport damage, this should be reported to the deliverer as soon as possible. The customer should contact us immediately, but no later than 7 days after delivery.
(2) A breach of this obligation shall have no consequences for the customer's statutory claims and their enforcement, in particular with regard to warranty rights, if the customer has complied with its general obligations to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). However, claims against the carrier or the transport insurance can be secured by promptly contacting the supplier and reporting the damage.

8. Product quality - obligation to give notice of defects - limitation period

(1) In the event of a defect, we shall be liable in accordance with the statutory provisions, insofar as no restrictions arise from the following.
(2) If the Customer is an entrepreneur, warranty rights may only be asserted if the Customer has duly fulfilled its obligations to examine the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
(3) Claims of the Buyer due to material defects shall become time-barred one year after handover/delivery of the goods to the Customer. Excluded from this are claims for damages due to injury to life, body or health and/or claims for damages due to gross negligence or intentional damage caused by us. In this respect, the statutory limitation periods shall apply.
(4) We do not give any guarantees to the customer in the legal sense.

9. Exclusion of liability

(1) Our liability for contractual breaches of duty and for tort shall be limited to intent and gross negligence. This shall not apply in the event of injury to life, limb or health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract, as well as compensation for damage caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault. In the event of a slightly negligent breach of essential contractual obligations, we shall only be liable for typically foreseeable damages.
(2) The above limitations of liability shall also apply to all companies affiliated with us as well as to any personal liability of our employees, workers, representatives, partners and vicarious agents and/or companies affiliated with us.
(3) Insofar as liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, associates, representatives and vicarious agents.

10. Final provisions

(1) This contract shall be governed by the law of the Federal Republic of Germany.
(2) The statutory provisions on the places of jurisdiction shall remain unaffected unless otherwise provided for in the special provision of paragraph (3).
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be at our registered office. However, we shall also be entitled to sue the customer at the court of his registered office.

(1) For the business relationship between the webshop provider Green Shirts, Owner.:Niklas Astor, Nikolausstr. 13, 82335 Berg, (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity.

(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

End of the General Terms and Conditions

 

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