Terms and conditions
Draft – this text has not been finally reviewed by a lawyer yet.
This English version is provided for your convenience only. The legally binding text is the German version (Allgemeine Geschäftsbedingungen).
§ 1 Scope, seller
(1) These general terms and conditions apply to all contracts concluded via our online shop between you and Roman Sukhostavskyi (“we” or “us”). Our address and contact details can be found in the legal notice.
(2) Our offer is aimed at consumers. Provisions in these terms that expressly concern consumers apply only to consumers within the meaning of § 13 of the German Civil Code (BGB).
(3) We deliver only to delivery addresses in the following countries: Germany, Austria, Belgium, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden.
§ 2 Products
(1) We sell T-shirts with pre-designed motifs created by us. The essential characteristics (motif, T-shirt colour, print position – big on the back or big on the front –, size, material, printing method, size chart) are shown on the respective product page.
(2) The T-shirts are printed after you order and are produced and shipped on our behalf by our production partner Shirtigo GmbH in Germany. Your contractual partner is exclusively us.
(3) The product images show each motif as accurately as possible. Colours may look slightly different depending on your screen. Your statutory rights in respect of defects remain unaffected.
§ 3 Conclusion of the contract
(1) The presentation of products in the shop is not a binding offer but an invitation to place an order.
(2) The ordering process consists of the following steps:
- On the product page you select colour, print position (back or front), size and quantity and add the T-shirt to the cart with “Add to cart”.
- In the cart you can change quantities or remove items and proceed to checkout.
- At checkout you enter your e-mail address and delivery address and select the delivery country.
- Before submitting, you see an overview of all items, colours, print positions, sizes, quantities, prices, shipping costs, the total amount and your delivery address.
- By clicking the button “Place order and pay” you submit a binding offer to purchase the goods in the cart.
- You are then redirected to the payment page of our payment service provider Stripe, where you complete the payment.
(3) You can identify and correct input errors at any time before clicking “Place order and pay”: your entries are shown in the overview; you can change address fields directly at checkout and items and quantities in the cart, to which you can return at any time. Incomplete or obviously incorrect mandatory entries (e.g. a postcode that does not match the delivery country) are indicated to you before submission.
(4) The purchase contract is concluded as soon as you have successfully completed the payment on the payment page. If the payment is not completed, no contract is concluded. We confirm the conclusion of the contract to you by e-mail without undue delay (order confirmation).
(5) Orders can be placed in German and English. The German version of these terms and of the withdrawal policy is authoritative.
(6) We store the data of your order (contract text). You receive your order data by e-mail with the order confirmation, which links to these terms and the withdrawal policy. You can access, print or save both at any time on our website under terms and withdrawal policy. There is no customer account; you can check the status of your order via the link in the order confirmation.
§ 4 Prices and shipping costs
(1) All prices are final prices. As a small business within the meaning of § 19 of the German VAT Act (UStG), we do not charge VAT and therefore do not show it.
(2) The decisive amount is the total shown to you before you click “Place order and pay”.
(3) Shipping costs are charged in addition to the price of the goods unless stated otherwise in the shop. The amount and conditions are shown on the shipping page as well as in the cart and at checkout.
§ 5 Delivery
(1) Delivery is made to the delivery address you provide in one of the countries listed in § 1(3).
(2) The delivery time within Germany is usually 3 to 5 working days, and no later than 10 working days; to all other delivery countries usually 4 to 8 working days, and no later than 14 working days (Monday to Friday, excluding public holidays). It starts on the day after the payment has been successfully completed. We do not promise delivery on a specific calendar date unless this has been expressly agreed.
(3) If an ordered item unexpectedly turns out to be unavailable after the contract has been concluded, we will inform you without undue delay and refund any payments already made for this item without undue delay. Your further statutory rights remain unaffected.
(4) Please enter your delivery address completely and correctly. If the parcel cannot be delivered because of an incomplete or incorrect address provided by you and is therefore returned to us, we will inform you. If you are responsible for the incorrect information, we may charge the shipping costs actually incurred for a renewed dispatch. Your statutory right of withdrawal remains unaffected.
(5) For consumers, the risk of accidental loss and accidental deterioration of the goods passes to you only upon handover of the goods.
§ 6 No changes after ordering
As your order goes into production immediately after payment, we do not offer changes to motif, colour, print position, size, quantity or delivery address, or any voluntary exchange, once the order has been placed. Please therefore check your details before clicking “Place order and pay”. Your statutory right of withdrawal and your statutory rights in respect of defects remain unaffected.
§ 7 Payment
(1) The total amount is due for payment immediately upon ordering. The following payment methods are available: Credit and debit card and the further payment methods shown to you at the checkout of our payment provider Stripe.
(2) Payment is processed by the payment service provider Stripe Payments Europe, Limited (Dublin, Ireland). After clicking “Place order and pay” you are redirected to a Stripe payment page.
(3) For certain payment methods, the terms of the respective provider apply in addition; you will be referred to them during the payment process.
§ 8 Retention of title
The goods remain our property until paid in full.
§ 9 Right of withdrawal
(1) As a consumer you have a statutory right of withdrawal of fourteen days. Details, the model withdrawal form and the costs of return are set out in the withdrawal policy.
(2) Our motifs are pre-designed and not made to your individual specifications. The fact that the T-shirts are printed only after you order therefore does not exclude the right of withdrawal.
(3) You can also declare your withdrawal online using the “Withdraw from contract” button available at the bottom of every page of our shop.
§ 10 Statutory liability for defects, transport damage
(1) The statutory rights in respect of defects apply. We do not provide any additional guarantee.
(2) Please send complaints, stating your order number, to the e-mail address given in the legal notice. Photos of the defect help us to handle your request faster, but they are not a condition for your rights.
(3) If a parcel arrives visibly damaged, we appreciate a short note to us and, if possible, a report to the delivery service. This makes it easier for us to settle the matter with the transport company. If you do not do this, it has no effect whatsoever on your statutory rights.
§ 11 Liability
We are liable in accordance with the statutory provisions.
§ 12 Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident in another country, you retain the protection afforded by the mandatory provisions of the law of that country.