Terms of service
1 General
Your contractual partner for all orders placed as part of SPREADSHIRT's online offering is sprd.net AG, Gießerstraße 27, 04229 Leipzig (Commercial Register at Leipzig Local Court, HRB 22478), hereinafter referred to as "SPREADSHIRT".
Any conflicting or deviating terms and conditions of the customer shall only be binding if SPREADSHIRT has acknowledged them in writing.
2 Conclusion of Contract
(1) The "offers" presented on the website constitute a non-binding invitation to the customer to place an order with SPREADSHIRT.
(2) The customer may place a selected or designed product in the virtual shopping cart without obligation. The contents of the shopping cart can be viewed at any time by clicking the "Shopping Cart" button. Products can be removed from the shopping cart by clicking the "Delete" button. If the customer wishes to purchase the products in the shopping cart, they must click the "Checkout" button.
(3) By submitting the completed order form on the SPREADSHIRT website via the "Buy Now" or "Pay with PayPal" button, the customer submits a binding offer to conclude a contract with SPREADSHIRT. Before final submission, the customer has the opportunity to check the accuracy of their entries on an overview page and correct them by selecting the "Back" button in their web browser.
In response to the customer's offer, SPREADSHIRT sends the customer an order confirmation by email and checks the customer's offer for feasibility. The order confirmation does not constitute acceptance of the offer, but merely serves to inform the customer that their order has been received by SPREADSHIRT. The contract is only concluded when SPREADSHIRT ships the ordered product to the customer and confirms shipment to the customer in a second email (shipping confirmation). This does not apply if the customer selects a "prepayment" payment method during the ordering process; in this case, the request for payment already constitutes acceptance of the offer, which takes place within a maximum of 2 days after the customer submits the binding offer. The following languages are currently available for the ordering process: German and English. SPREADSHIRT stores the contractual information and sends the customer the order details as well as these General Terms and Conditions of Business and Delivery by email. The General Terms and Conditions of Business and Delivery can also be viewed at any time at policies/terms-of-service. Details of previous orders can also be viewed online on the SPREADSHIRT website in the customer's user account, provided that the customer has created a user account.
(4) The conclusion of the contract is subject to timely and complete delivery to SPREADSHIRT by its suppliers. This reservation does not apply in the event of short-term delivery disruptions or if SPREADSHIRT is responsible for the failure to receive supplies, in particular if SPREADSHIRT fails to conclude a corresponding procurement transaction in good time. The customer will be informed immediately if the service is unavailable. If the customer has already provided consideration, it will be refunded.
3 Delivery / Shipping
(1) Delivery will be carried out by a shipping service provider selected by SPREADSHIRT. The customer is responsible for shipping costs, which may depend on the order value and the delivery destination. Current shipping prices can be viewed at Delivery Times and Shipping Costs.
(2) SPREADSHIRT is only entitled to make partial deliveries if
- the partial delivery can be used by the customer for the intended contractual purpose,
- delivery of the remaining ordered goods is ensured, and
- the customer does not incur significant additional effort or additional costs as a result.
4 Payment
(1) Payment shall be made, at the customer's choice, by credit card, PayPal or other payment methods. SPREADSHIRT reserves the right to restrict the payment methods available to a customer depending on the order value, shipping region or other objective criteria.
(2) If the payment method selected by the customer cannot be processed despite proper performance of the contract by SPREADSHIRT, in particular because the customer's account cannot be debited due to insufficient funds or because incorrect information was provided, the customer must reimburse SPREADSHIRT or the third party commissioned by SPREADSHIRT to process the payment for any additional costs incurred as a result.
(3) The customer shall only have rights of set-off or retention to the extent that their claim has been legally established or is undisputed. In addition, the customer may only exercise a right of retention if the customer's claim is based on the same contractual relationship. In the event of defects in delivered goods, the customer's counter-rights remain unaffected.
(4) The customer agrees to receive invoices exclusively in electronic form. Invoices will be provided to the customer in PDF format by email.
5 Retention of Title
(1) The goods shall remain the property of SPREADSHIRT until all claims due to SPREADSHIRT under the contract have been settled.
(2) The customer is obliged to treat the goods with due care until ownership has passed to them.
6 Warranty
(1) If there is a defect covered by the statutory warranty, the customer is entitled, within the scope of the statutory provisions, to demand subsequent performance, withdraw from the contract or reduce the purchase price. Claims for damages by the customer shall only exist in accordance with Section 7.
(2) If the customer is an entrepreneur, the limitation period for warranty claims is one year. The statutory limitation periods shall apply exclusively to the customer's claims for damages in accordance with Section 7.
7 Liability – Responsibility
(1) a) SPREADSHIRT shall be liable for damages, regardless of the legal grounds, in cases of intent and gross negligence.
b) In cases of ordinary negligence, SPREADSHIRT shall only be liable aa) for damages resulting from injury to life, body or health, or bb) for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may reasonably rely). In the event of a breach of a material contractual obligation, however, SPREADSHIRT's liability shall be limited to compensation for foreseeable damage that typically occurs.
c) Any liability of SPREADSHIRT beyond that set out in this paragraph (1), regardless of the legal basis for liability (including contractual liability, tort, negligence or any indemnification claims), is excluded.
d) Any exclusions or limitations of SPREADSHIRT's liability arising from this paragraph (1) shall not apply aa) insofar as SPREADSHIRT fraudulently conceals a defect from the customer, bb) insofar as SPREADSHIRT has provided the customer with a guarantee regarding the quality of the goods, and cc) insofar as SPREADSHIRT is subject to strict liability under statutory provisions, including liability under the German Product Liability Act.
(2) To the extent that SPREADSHIRT's liability is excluded or limited by paragraph (1), this shall also apply to any personal liability for damages of SPREADSHIRT's corporate bodies, legal representatives, employees, representatives and vicarious agents.
8 Information on the Right of Withdrawal for Consumers
Right of Withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
To exercise your right of withdrawal, you must inform us (sprd.net AG, SPREADSHIRT, Gießerstr. 27, 04229 Leipzig, Germany, service-onelove-shop@spreadgroup.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the Right of Withdrawal
In particular, there is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer's personal needs.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
To sprd.net AG, SPREADSHIRT, Gießerstr. 27, 04229 Leipzig, Germany, service-onelove-shop@spreadgroup.com:
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)
Date
(*) Delete as appropriate.
9 Rights to Print Designs, Indemnification
(1) "Provided Material" as used below includes all information, designs, including print designs and, where applicable, fonts and typefaces, or other materials that the customer provides to SPREADSHIRT in connection with the order and/or (in the event that material is adapted or designed by SPREADSHIRT on behalf of the customer) that have been approved by the customer.
(2) The customer warrants to SPREADSHIRT and SPREADSHIRT's affiliated companies, legal representatives, employees and vicarious agents that the Provided Material does not violate applicable statutory provisions (in particular criminal laws and provisions for the protection of minors) or the rights of third parties (in particular copyrights, personality rights, trademark rights and similar industrial property rights). The customer shall inform SPREADSHIRT immediately if third parties assert rights in relation to Provided Material.
(3) If Provided Material violates statutory provisions or the rights of third parties, SPREADSHIRT and SPREADSHIRT's affiliated companies, legal representatives, employees and vicarious agents shall be entitled to claim damages from the customer for any losses suffered as a result of the violation. In particular, the customer is obliged to indemnify and hold harmless SPREADSHIRT and SPREADSHIRT's affiliated companies, legal representatives, employees and vicarious agents against all lawsuits, proceedings, claims, damages, costs or other expenses arising from third parties asserting an infringement of their rights against the aforementioned entitled parties.
(4) The customer is solely responsible for checking the Provided Material for violations of statutory provisions and third-party rights. If it becomes apparent or there is reasonable suspicion that the Provided Material for a contract violates statutory provisions or third-party rights, SPREADSHIRT shall, in addition to all other possible claims, defenses and remedies, be entitled to refuse to conclude the contract or to withdraw from such contract.
10 Technical and Design Deviations
In performing the contract, SPREADSHIRT reserves the right to make customary deviations from the descriptions and information in our catalogs, including our website, with regard to fabric quality, color, weight, dimensions, design or similar characteristics of the goods, provided that such deviations are reasonable for the customer. Reasonable grounds for such changes may result from customary variations and technical production processes.
11 Dispute Resolution
SPREADSHIRT is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12 Place of Jurisdiction – Place of Performance – Choice of Law
(1) The place of performance for all deliveries is SPREADSHIRT's registered office in Leipzig.
(2) 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, Leipzig shall be the place of jurisdiction. In this case, SPREADSHIRT shall also be entitled, at its discretion, to bring an action against the customer before the court having jurisdiction at the customer's registered office. The same shall apply if the customer has no general place of jurisdiction in Germany, moves their domicile or habitual residence outside Germany after conclusion of the contract, or if their domicile or habitual residence is unknown at the time legal proceedings are initiated.
(3) The contract governed by these General Terms and Conditions of Business and Delivery shall be subject exclusively to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other international conventions, even after their incorporation into German law, shall not apply. If the customer is a consumer and has their habitual residence abroad, mandatory consumer protection provisions of that country shall remain unaffected by the choice of law (Art. 6(2), sentence 2 of Regulation (EC) No. 593/2008).
(4) Should individual provisions of these General Terms and Conditions of Business and Delivery be invalid, the remainder of the contract shall remain valid. To the extent that provisions are invalid, the content of the contract shall be governed by the statutory provisions. However, the contract as a whole shall be invalid if maintaining it, even taking into account the modification provided for in sentence 2, would constitute an unreasonable hardship for one of the contracting parties.