General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online remaining stock shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These General Terms and Conditions also apply to entrepreneurs for future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
But that's exactly what we won't do because this is an express remaining stock online shop, we can't take any items back, regardless of whether the delivery was late or you don't like the item or there are color differences
After ordering and paying, the item belongs to you and we will do everything we can to send you the item as quickly as possible, which is why we have several shipping companies that start working immediately after the order is placed, so the contract cannot be canceled under any circumstances
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Shirt-Tec.de.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.
A binding contract can also be concluded beforehand as follows:
If you have chosen the PayPal payment method, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
If you have chosen the SOFORT transfer payment method, the contract is concluded at the time the payment instruction is confirmed to SOFORT GmbH.
The languages available for concluding the contract are German and English.
We save the contract text and send you the order details and our general terms and conditions by email. You can view and download the terms and conditions here on this page at any time. You can view your past orders in our customer login.
3. Delivery conditions In addition to the stated product prices, there are shipping costs. You can find out more about the shipping costs in the offers.
You generally have the option of picking up from Shirt-Tec.de, Nordstrasse 32, 42853 Remscheid, Germany during the following business hours: 2:00 p.m. - 6:00 p.m.
4. Payment The following payment methods are available in our shop:
Advance payment If you select the advance payment method, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Paypal You pay the invoice amount via the online provider Paypal. In principle, you must be registered there or register first, identify yourself with your access data and confirm the payment instruction to us. You'll get more information during the ordering process.
If you want to open a case with Paypal and we incur office costs or Paypal fees as a result, we will send you an invoice as high as Paypal wants. You will pay us the amount within four working days.
Immediate transfer We offer immediate transfer too. Herewith we receive the transfer credit immediately. This accelerates the entire order process. All you need is the account number, bank code, PIN and TAN. Using SOFORT GmbH's secure payment form, which is not accessible to retailers, SOFORT Transfer automatically and in real time places a transfer in your online bank account. The purchase amount is transferred immediately and directly to the retailer's bank account. If you choose the SOFORT transfer payment method, a pre-filled form will open at the end of the ordering process. This already contains our bank account. In addition, the transfer amount and the intended use are already displayed in the form. You now have to select the country in which you have your online banking account and enter the bank sort code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm
Please note that SOFORT transfer is not yet available at a few banks. You can find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und- Answeren/
Cash upon collection You can pay for your goods in cash upon collection. (currently no cash payment)
5. Right of withdrawal (No right of withdrawal)
6. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability law applies.
For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will first provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty or fraud
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed
as far as the scope of application of the Product Liability Act is opened.
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop.
Customer Service: Embroidery T-shirt printing
9. Haftung
9. Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty
with guarantee promises, if agreed
as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded limited, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Online dispute resolution Online dispute resolution in accordance with Article 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr / find.
11. Final provisions
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
General terms and conditions created free of charge with Trusted Shops legal copywriters in cooperation with Wilde Beuger Solmecke Rechtsanwälte.