Terms of service

General Terms and Conditions of Use

This website (“shirtcamp”) is an offering of happycolorz GmbH, represented by its Managing Director Mathias Ziegler, Zeppelinstr. 73, 81669 München, Amtsgericht München HRB 244438 (“shirtcamp”). The following terms of use, in the version valid at the time of use, govern the legal relationship between “shirtcamp” and the user of the offering (“customer”) on shirtcamp.de.

 §1 Scope

The terms of use become valid upon accessing shirtcamp.de with or without registration and are an essential part of every contract concluded via shirtcamp between the customer and shirtcamp, unless otherwise agreed in individual cases.

§ 2 Use of the website, ordering process and conclusion of contract

(1)  shirtcamp offers the customer textile products and tableware (“goods”).

(2)   An internet connection and a common internet browser such as Google Chrome, Firefox, Internet Explorer or Safari are required to use the shirtcamp shop. If the order is placed via a mobile device, at least Android 6.0 or iOS 4.1 is required for an optimal process.

(3)   On shirtcamp the customer can select the goods to be personalised and configure them using certain parameters (e.g. name, appearance, images and photos). The customer can add the finished goods designed in this way to the shopping cart using the “Order” button and check them there once again. If the customer has no further change requests and decides in favour of the product, they can start the ordering process using the “Checkout” button. The ordering process begins with the entry of the customer data. After entering the required data, the customer selects the desired payment method and optionally adds a separate delivery address and/or a voucher. In the final step, the customer has the opportunity to check the details and orders they have entered once again. By clicking the “Order with obligation to pay” button, the customer places a legally binding order. An order is only possible if the customer has previously confirmed, by clicking the corresponding box, that they have read the General Terms and Conditions of Use of shirtcamp and agree to their application.

(4)   It is not possible to change the entries after the customer has bindingly submitted the order. If inadvertent input errors or disruptions in the transmission of the order occur on the customer's side, for example because the order was inadvertently sent twice by double-clicking or because the internet connection was interrupted, it is possible that the customer does not receive the electronic order confirmation or receives it several times. In this case, the customer is obliged to call the shirtcamp service hotline immediately after discovering the error on +49 89 21539058 (calls from Germany at the national landline rate). The service staff will then take care of the problem. If a voicemail service is activated due to increased customer demand, the customer can leave a message there. A service employee will then call back if a callback number is provided.

(5)   The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the “Buy” button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent on the website and does not yet constitute acceptance of the contract. shirtcamp accepts the order as an offer to conclude a contract either by sending an order confirmation by e-mail or by delivering the goods within twelve working days. The contract is subject to the availability and deliverability of the goods.

(6)   By providing shirtcamp with a valid e-mail address, the customer agrees that their orders may also be accepted and processed by e-mail. They confirm that declarations from shirtcamp are transmitted to the customer. shirtcamp has expressly informed the customer that misuse cannot be ruled out in e-mail transmission. shirtcamp is not able to check e-mail orders for the correctness of the sender and the correctness of their content. shirtcamp is released from any liability and all claims for recourse arising from an unlawful use of the transmission system.

(7)   The conclusion of the contract is independent of whether the necessary technical requirements are met on the customer's side.

(8)   The customer must have reached the age of 18 in order to conclude a valid contract with shirtcamp.

(9)   If the payment method "Paypal Express" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The PayPal user agreement applies in this respect; it can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for customers without their own PayPal account, at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects the payment method "PayPal" or "PayPal Express" to pay for their purchase, they submit their offer by clicking the button that completes the ordering process. If, by clicking this button, the customer simultaneously issues the payment order to PayPal, the seller declares, by way of derogation from the provisions above, the acceptance of the customer's offer at the time the payment order is issued. 

§ 3 Right of withdrawal

(1) If the customer is a consumer, they are generally entitled to a right of withdrawal.

(2) The seller's withdrawal instructions apply to the right of withdrawal.

(3) The right of withdrawal does not exist in the case of distance contracts for the supply of goods for the manufacture of which an individual selection or determination by the customer is decisive, or which are clearly tailored to the personal needs of the customer (e.g. products with texts, names or images). Therefore, there is no right of withdrawal for these products.

§ 4 Scope of the performance obligations of shirtcamp, changes, responsibilities of the customer

(1)  shirtcamp or the company commissioned by shirtcamp accepts the print data transmitted by the customer for the production of the goods and renders the contractual services on this basis. shirtcamp does not check the print data transmitted by the customer for its technical and aesthetic suitability for printing the goods. Responsibility for the correctness, completeness and suitability of the print data transmitted by the customer for the production of the goods lies with the customer. shirtcamp is not liable for reductions in quality or other defects that are based on the print data transmitted by the customer.

(2)   The order and the transmission of data by the customer are deemed to constitute approval for printing.

(3)   The customer is solely responsible for the images to be printed on the goods and for the print approval. The checking function provided in the software used with regard to image quality and other conformities merely constitutes information in the aforementioned sense. It is incumbent on the customer to secure the data transmitted to shirtcamp as well as any information, advice or recommendations given by shirtcamp against loss and to protect them against unauthorised access by third parties (e.g. spying out of personal data). In addition, shirtcamp is also entitled to make backup copies of the data transmitted by the customer.

(4)  shirtcamp reserves the right to make changes to the subject matter of the service that are due to technical further development, provided that the usability and the value of the service are not reduced thereby. shirtcamp will inform the customer before making material changes to the design.

(5)  shirtcamp is entitled to commission subcontractors in whole or in part with the fulfilment of the services owed.

 

§ 5 Performance period

(1)   Performance periods do not begin to run before the data and documents of the customer required for the execution of the services are available to shirtcamp in the necessary, agreed and defect-free condition. This applies accordingly to data and documents to be provided during the performance period; in this case the performance period is suspended until all required data and documents have been provided by the customer.

(2)   Dates and deadlines are only deemed to be bindingly agreed if they have been expressly confirmed by shirtcamp at least in text form. Otherwise they are non-binding.

(3)   Events of force majeure that make a performance or obligation substantially more difficult or impossible for a party entitle the affected party to postpone the fulfilment of this obligation or duty by the duration of the impediment and by an appropriate start-up period. Industrial disputes in the operations of the parties or industrial disputes in third-party operations and similar circumstances by which the parties are directly or indirectly affected are deemed equivalent to force majeure.

§ 6 Delivery, transfer of risk, shipping costs, transport damage

(1)   The delivery area is Germany and Austria.

(2)  shirtcamp will deliver the ordered goods to the address specified by the customer within 5 working days. In special cases the delivery time may be extended appropriately. 

(3)  shirtcamp is entitled to make partial deliveries. Additional shipping costs incurred in the case of a partial delivery are borne by shirtcamp.

(4)   If the customer is a merchant, all risks and dangers of shipment pass to the customer as soon as the goods are handed over to the transport company. This also applies if shirtcamp makes a partial delivery.

(5)   For the packaging and shipping of the goods, shirtcamp charges the flat delivery rate stated at the time of the order. In the case of partial deliveries, the flat delivery rate is charged to the customer only once.

(6)   If delivery to the customer is not possible because, for example, the customer is not found at the delivery address they have specified, even though the delivery time was announced to the customer with reasonable notice, the customer bears the costs of the unsuccessful delivery. In addition, shirtcamp is entitled to store the goods, or have them stored, at the customer's risk and expense for the period during which the obstacle to acceptance exists. All expenses incurred as a result must be reimbursed to shirtcamp by the customer in full and without delay upon invoicing.

(7)   A delay in delivery by shirtcamp does not entitle the customer to refuse acceptance or to claim damages, unless there is gross negligence or intent on the part of shirtcamp.

(8)   The company commissioned by shirtcamp with the transport is liable for damage to the goods that occurs during transport. If, after unpacking, the customer discovers damage to the goods, they must, even if the outer packaging is undamaged and the damage to the goods is only discovered after unpacking, report this to the transport company within 14 working days of delivery and have the defects identified recorded at least in text form. The customer must provide shirtcamp with this record of the facts upon request. Any claims of the customer against the transport company remain unaffected by this provision.

§ 7 Prices, payment terms and vouchers

(1)   Unless otherwise agreed or indicated, all payments are due immediately upon invoicing. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer. 

(2)   The prices stated in the respective offers as well as the shipping costs constitute total prices. They include all price components including all applicable taxes.

 (3)  The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free delivery has been promised.

§ 8 Set-off, right of retention, deterioration in the customer's financial circumstances

(1)   The customer is only entitled to set off against claims of shirtcamp if their counterclaims have been acknowledged by shirtcamp, are undisputed or have been established as final and absolute by a court.

(2)   The customer is only entitled to assert a right of retention insofar as the claims are based on the same contractual relationship.

§ 9 Retention of title

Until all goods from an order have been paid for in full, the delivered goods remain the property of shirtcamp. 

§ 10 Third-party rights, criminal law

(1)   The customer warrants that the print data transmitted by them does not infringe any copyrights, trademark rights, personality rights or other rights of third parties. This applies in particular with regard to persons and objects depicted in the photos to be printed on the goods.

(2)   The customer alone is responsible for any infringement of third-party rights by the print data transmitted by the customer; in this respect the customer indemnifies shirtcamp against all third-party claims.

(3)  shirtcamp is not obliged to carry out print orders that as such, or whose content, violate applicable law or infringe the rights of third parties. In these cases shirtcamp is entitled to terminate the contract. shirtcamp is under no obligation to check whether print orders as such, or their content, violate applicable law or infringe the rights of third parties.

(4)   With their order, the customer warrants that the contents of the transmitted image files do not violate criminal laws, laws on the protection of children and young persons or other laws. Should shirtcamp become aware of violations of this warranty, shirtcamp will immediately involve the competent law enforcement authorities.

§ 11 Performance disruptions, warranty and liability

(1)   A delay in delivery by shirtcamp does not entitle the customer to claims for damages, unless there is gross negligence or intent on the part of shirtcamp.

(2)   If the delivered goods are defective, the customer is entitled to the statutory warranty claims. The customer must report obvious material defects of the goods in writing within two weeks of delivery of the goods.

(3)  shirtcamp and the providers of telecommunications and network services commissioned by shirtcamp are not liable for compensation for any damage arising from the use or non-use of shirtcamp, in particular not for the fact that shirtcamp functions without interruptions or without errors. This includes, but is not limited to, the warranty for defects of title, integrity, marketability or fitness for a particular purpose with regard to the availability, accuracy, reliability or content of the pages. shirtcamp is not liable for direct, indirect or incidental damage or for consequential damage, for lost profits or for business interruptions that are based on the use or the lack of possibility to use shirtcamp and the services contained therein. This also applies if shirtcamp was informed of the possibility of such damage.

(4)   For the loss or destruction of data at the customer's premises, shirtcamp is liable only up to the amount of the typical restoration effort that arises despite regular data backup in line with the state of the art.

(5)  shirtcamp in particular assumes no responsibility and is not liable for any damage caused by external influence on the customer's system or during the process of data transmission from the customer to shirtcamp or from shirtcamp to the customer.

(6)   The liability of shirtcamp, insofar as such liability exists notwithstanding the above provisions, is in any case limited to damage caused intentionally or through gross negligence by shirtcamp, its legal representatives or vicarious agents, or which is based on the breach of a principal obligation essential to the contractual relationship. Liability for damages is limited to the foreseeable damage typically occurring, insofar as shirtcamp is not charged with an intentional or grossly negligent breach of contract.

(7)   Liability for culpable injury to life, body or health remains unaffected. This also applies to the mandatory liability under the Product Liability Act.

(8)  shirtcamp provides all information, advice and recommendations to the best of its knowledge and belief. There is no principal or ancillary contractual obligation to provide information, advice or recommendations. shirtcamp is therefore not obliged to compensate for any damage arising from following the information, advice or recommendation, unless liability arises from a tort or another statutory provision. Information, advice and recommendations may take the form of images or texts, irrespective of whether this information, advice or these recommendations are publicly accessible or were given to the customer personally.

(9)   In all other respects, any liability of shirtcamp for damages, on whatever legal grounds and to the extent permitted by law, is excluded.

§ 12 Data protection

Information on the nature, scope, place and purpose of the collection, processing and use by shirtcamp of the personal data required for the execution of orders as well as for sending the newsletter by e-mail and by post or for other advertising purposes, as well as the customer's right to information and the right to rectification, blocking, revocation and erasure, can be found in the privacy policy.

 § 13 Reservation of the right to make changes 

(1)  shirtcamp reserves the right to change or delete parts of the offering of shirtcamp at any time and without prior notice or the requirement of consent.

(2)   Furthermore, shirtcamp is entitled to change the terms of use at any time. Changes to the terms of use will be announced on shirtcamp. Continued use of the services of shirtcamp after the announcement of the relevant changes is understood as consent to these changes, unless the customer objects to the changes within 10 days of the announcement.

§ 14 Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

§ 15 Final provisions

(1)   Deviating terms and conditions of the customer as well as amendments and additions to these terms of use are only valid insofar as they have been acknowledged in writing by shirtcamp. This also applies if the customer's terms of business and/or delivery terms have not been expressly objected to.

(2)   The validity of the remaining provisions is not affected by the possible invalidity of one or more provisions.

(3)   German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG United Nations Convention on Contracts for International Sale of Goods of 11.04.1980).

(4)   The place of performance and the exclusive place of jurisdiction is München, insofar as both parties are merchants.

(5)   The customer can view the most current version of these terms and conditions at any time on shirtcamp under “Terms and Conditions”. In addition, the customer receives the terms and conditions in PDF format as an attachment to an automatic order confirmation sent to the e-mail address they provided after completing their order. The customer can download the terms and conditions sent to them and archive them on their device. To open the PDF document, the customer needs Adobe Reader, which they can download free of charge at www.adobe.de, or comparable programs with which PDF files can be opened. 

As of: May 2022