Terms and Conditions of Sales and Delivery
Section 1 General
Your contract partner for all orders within the online offer from TeamShirts is sprd.net AG, Gießerstraße 27, 04229 Leipzig (commercial register at the Amtsgericht Leipzig HRB 22478), hereafter called “TeamShirts".
Any conflicting or deviating conditions of the customer are only binding if TeamShirts has accepted them in writing.
Section 2 Conclusion of contract
(1) The "deals" contained on the website are a non-binding invitation to the customer to order from TeamShirts.
(2) The customer can put 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. The products can be removed from the cart by clicking the "Delete" button. If customers decide to order the products in their cart, they must click on the "Checkout" button.
b) By clicking "Buy Now" on the TeamShirts website, customers are submitting the completed order form which constitutes a binding offer by customers to conclude a contract with TeamShirts. Before submitting the form, customers have the opportunity to check the accuracy of their entries and correct them by selecting the "Previous page" button in the web browser.
Upon receiving the form, TeamShirts will send customers an order confirmation by email and then check their offer to purchase for its feasibility. The order confirmation does not constitute acceptance of the offer; it merely informs customers that their order has been received by TeamShirts. The contract is only finalised when TeamShirts sends the ordered product to the customer and confirms the shipment with a second email to the customer (shipping confirmation). This does not apply if the “payment in advance” customer payment method is selected during the ordering process; in this case, the invitation to pay the acceptance of the offer takes place within a maximum period of 2 days after submission of the binding offer by the customer. Currently the following languages are available for the ordering process: German, French, English, Dutch. TeamShirts will store the contract information and send the customer the order data as well as these general terms and conditions via email. The general terms and conditions may be viewed at any time at https://www.teamshirts.net/t-and-c. The details of the customer's previous orders can also be viewed online in the customer's account on the TeamShirts website.
(5) The finalization of the contract depends on timely and complete self-delivery. This condition does not apply to short-term disruption to deliveries or if TeamShirts is responsible for the non-delivery, in particular if TeamShirts has failed to provide a congruent covering transaction. The Client will be informed immediately concerning non-availability of service. If the customer has already paid, their payment will be refunded.
Section 3 Delivery / Shipping
(1) Shipping will be provided by a shipping service selected by TeamShirts. The customer will bear the shipping costs, which may be dependent on the order value and the delivery address. Current shipping prices can be seen at https://www.teamshirts.net/faq/when-do-i-need-to-pay-for-delivery-costs.
(2) TeamShirts is only entitled to make partial deliveries if
a) the partial delivery is usable by the customer for its intended purpose;
b) the delivery of the remaining ordered goods is ensured; and
c) the customer incurs no significant added expenses or additional costs.
Section 4 Payment
(1) Payment is made according to the customer choice either by credit card or paypal. TeamShirts reserves the right to limit the payment methods available to a customer depending on the order value, the shipment location, the selected ordering process, or other objective criteria. The payment will be withdrawn from banks in Germany, Austria, and Spain no earlier than 1 day after the pre-notification is sent; accounts at banks in other countries will be debited no earlier than 5 days after the pre-notification is sent.
(2) If the customer's selected method of payment is not approved despite TeamShirts having fulfilled its part of the contract accordingly, especially if due to insufficient funds in the customer's account or because the customer has provided the wrong information, the customer shall reimburse TeamShirts or the third-party collection company for any additional costs incurred.
(3) The customer has no right to offsets or retention unless its counter claims are undisputed or legally binding by court order. The customer can only exercise a right of retention if their counter claim is based on this same contract relationship. If there are any defects in the goods delivered, the customer's right to assert counter claims remains unaffected.
(4) The customer agrees to only receive invoices electronically. The invoices will be emailed to the customer in PDF format.
Section 5 Retention of title
(1) The commodity remains in the ownership of TeamShirts up to full payment of claims arising from the contract.
(2) The customer is obliged to handle the goods carefully until the transfer of ownership to them.
Section 6 Warranty
(2) If there is a defect covered by warranty, the customer is entitled under statutory regulations to demand supplementary performance, withdraw from the contract, or reduce the purchase price. Customer claims for damages may only be asserted in accordance with the provisions of section 7.
(3) If the customer is a company, the limitation period is one year. In the case of claims for damages by the customer under the provisions of section 7 the statutory periods of limitation shall apply.
Section 7 Liability - Responsibility
(1) a) TeamShirts is liable for damages, regardless of the legal reason, in the case of intent and gross negligence.
b) In the case of negligence, TeamShirts shall only be liable a) for damages resulting from injury to life, body, or health, or b) for damages resulting from the breach of a material contractual obligation (obligation whose fulfilment is essential to the proper execution of the contract, and the compliance of which the contractual partner can trust and rely on). In the case of breach of a material contractual obligation, TeamShirts' liability is limited to replacement of foreseeable, typically occurring damage.
c) Any liability of TeamShirts that goes beyond that in this paragraph (1), regardless of the legal basis of liability (including contractual liability, tort, negligence, or any rights of indemnity) is excluded.
d) Any exclusions or limitations of TeamShirts' liability that arise from paragraph (1) shall not apply (aa) if TeamShirts fraudulently conceals a defect from the customer, (bb) if TeamShirts has undertaken guarantee for the quality the goods acquired from the customer, and (cc) if TeamShirts is fully responsible due to a statutory provision, including a responsibility under the German Product Liability Act.
(2) If TeamShirts liability is excluded or limited under (1) above, this shall also apply to the personal liability of its governing bodies, legal representatives, employees, representatives and agents.
Section 8 Notice on the consumer's right to rescind this contract
Right of withdrawal
You have the right to withdraw from this agreement within fourteen days without specifying any reasons. The period for cancellation is fourteen days from the day that you, or any third party authorised by you other than the carrier, have or has accepted delivery of the final item(s) of your order.
To exercise your right of rescission, you must provide us with a clear statement indicating your desire to rescind the contract ( sprd.net AG, TeamShirts, Gießerstr. 27, 04229 Leipzig, Germany, Phone +44 20 39661820, Fax+49 (0) 341 59 400 5499. firstname.lastname@example.org) and inform by way of unambiguous declaration (e.g.. as mail consigned by post, fax or e-mail) of your decision to withdraw from this contract. To do so, you may, but are not required to, use the attached sample form. In order to observe the period for withdrawal, it is sufficient that you send notification to exercise your right of withdrawal before expiry of the withdrawal period.
Consequences of withdrawal
If you terminate this contract, we shall refund all payments we have received from you including shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of termination. We shall issue the refund using the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; you shall not be charged a fee for this refund under any circumstances.
We may withhold the refund until the goods have been returned to us or until you have provided evidence that you have shipped the goods, whichever is earlier. You must dispatch or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notified us of termination of this contract. The deadline will be deemed to have been observed if you dispatch the goods before the fourteen-day deadline has expired. You will bear the direct cost of returning the goods. You will only be liable for a potential reduction in value of the goods, if this reduction in value was due to improper handling on your part that was not necessary for the testing of the constitution, characteristics, and functioning of the goods.
Exceptions to the right of withdrawal
The right to cancel does not apply to the following kind of contracts:
Contracts for the supply of goods that are made to the consumer's specifications or are clearly personalised.
Sample Withdrawal Form
(If you would like to withdraw from the contract, please complete this form and send it back.)
To sprd.net AG, TeamShirts, Gießerstr. 27, 04229 Leipzig, Germany, Fax +49 (0) 341 59 400 5499, email@example.com:
I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*) /provision of the following service(*):
- ordered (*)/ received(*) on
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for written notification)
(*) Delete when inapplicable
Section 9 Rights to Print Designs, Indemnity
(1) The "materials provided" as referenced below includes all information, designs, including print motifs and any fonts, and any other materials provided by the customer to TeamShirts and/or approved by the same (if TeamShirts has adapted or designed materials for this customer order).
(2) The customer guarantees TeamShirts and TeamShirts affiliates, legal representatives, employees and agents, that the material provided does not infringe applicable legal provisions (in particular rules of criminal laws and regulations to protect minors) or third party rights (including copyrights, moral rights, trademark rights, and similar intellectual property rights). The customer shall notify TeamShirts immediately if a third party asserts rights to the provided materials.
(3) If the material provided violates any laws or third-party rights, TeamShirts and its affiliates, legal representatives, employees and agents shall be entitled to require the customer to compensate them for any damage incurred there from. The customer is especially obliged to indemnify TeamShirts and its affiliates, legal representatives, employees and agents in any and all trials, legal proceedings, claims, damages, costs or other expenses arising from the fact that a third party has asserted claims for damages of its rights against the same.
(4) The customer assumes sole responsibility for reviewing the material provided for any breaches of legal regulations and third-party rights. If it is determined or there is a a reasonable suspicion that the material provided for a contract is breach of legal regulations or third-party rights, in addition to any possible claims, objections, and appeals, TeamShirts is also entitled to reject or withdraw from the contract.
Section 10 Technical and design deviations
We reserve the right when preforming the contract to deviate commercially from the descriptions and information in our catalogues, including our website, with respect to material, colour, weight, measurements, design or other characteristics of the goods insofar as these deviations are reasonable for the customer.. Reasons for such deviation may include the customary variances in the trade and technical production processes.
Section 11 Jurisdiction - Place of Performance - Choice of Law
(1) The place of performance for all deliveries is TeamShirts' headquarters in Leipzig.
(1) If the customer is a merchant as defined by the German Commercial Code, a legal entity under public law, or publicly-owned special fund, Leipzig is also the place of jurisdiction. TeamShirts is also entitled to pursue legal redress against the customer in the court holding jurisdiction over its location. The same applies if the customer has no general place of jurisdiction in Germany, has moved abroad from their place of residence or usual domicile, or residence, or it is unknown at the time legal recourse is sought.
(2) All contracts entered into in accordance with these general terms and conditions are governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Purchase Rights and any other intergovernmental conventions, even if included in German law, is excluded. If the customer is a consumer and has his habitual residence in Germany, the mandatory consumer protection provisions of this country remain unaffected by the choice of law (Art. 6 para. 2 sentence 2 Regulation (EC) 593/2008).
(3) If any provision of these terms and conditions is invalid, the contract shall remain effective. If provisions are invalid, the content of the contract shall be governed in accordance with statutory regulations. The contract shall, however, be totally void, if adherence to it would present unreasonable hardship for either party if amended in such a way.