General Terms and Conditions of Business and Delivery at SPREADSHIRT

1 General

Your contractual partner for all orders within the scope of the online offering of SPREADSHIRT is sprd.net AG, Gießerstraße 27, 04229 Leipzig (Commercial Register at the Local Court of Leipzig, HRB 22478), hereinafter referred to as "SPREADSHIRT".

Conflicting or deviating terms and conditions of the customer shall only be binding if SPREADSHIRT has expressly acknowledged them in writing.

2 Conclusion of Contract

(1) The “offers” contained on the website are a non-binding invitation for the customer to place an order with SPREADSHIRT.

(2) The customer may place a selected or designed product into the virtual shopping cart without obligation. The contents of the cart can be viewed at any time by clicking the “Shopping Cart” button. Products may be removed from the cart by clicking the “Delete” button. If the customer wishes to purchase the products in the shopping cart, they must click on 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 makes a binding offer to conclude a contract with SPREADSHIRT. Before final submission, the customer has the opportunity to check their entries on a summary page and to correct them by selecting the “Back” button in the web browser.

SPREADSHIRT then sends the customer an order confirmation by email and reviews the feasibility of the order. This confirmation does not constitute acceptance of the order but merely informs the customer that their order has been received. The contract is only concluded once SPREADSHIRT dispatches the ordered product to the customer and confirms the shipment with a second email (shipping confirmation). This does not apply if the customer chooses “prepayment” as the payment method; in that case, the request for payment constitutes acceptance of the order within two days of the customer’s binding offer.

The order process is currently available in German and English. SPREADSHIRT stores the contract information and sends the customer the order details along with these General Terms and Conditions by email. They can also be viewed online at any time at [Delivery Times and Shipping Costs]. Past order details can also be accessed in the customer’s account, if one has been created.

(4) The conclusion of the contract is subject to timely and complete self-supply. This reservation does not apply in the event of short-term delivery disruptions or if SPREADSHIRT is responsible for non-delivery, in particular by failing to secure a congruent covering transaction in due time. The customer will be informed immediately of the unavailability of the service. If the customer has already made payment, it will be refunded.

3 Delivery / Shipping

(1) Delivery is made by a shipping service provider chosen by SPREADSHIRT. Shipping costs are to be borne by the customer and may depend on the order value and the delivery address. Current shipping prices can be viewed at [LINK to the page with shipping costs].

(2) SPREADSHIRT is only entitled to make partial deliveries if:

1. a) the partial delivery is usable for the customer within the contractual purpose,
2. b) the delivery of the remaining goods is ensured, and
3. c) the customer does not incur significant additional expense or costs thereby.

4 Payment

(1) Payment may be made by credit card, PayPal, or other available payment methods. SPREADSHIRT reserves the right to restrict the payment methods available to the customer based on order value, shipping region, or other objective criteria.

(2) If the payment method chosen by the customer is not feasible despite contractual performance by SPREADSHIRT, in particular because a debit from the customer’s account is not possible due to insufficient funds or incorrect information, the customer shall reimburse SPREADSHIRT or its appointed third party for the resulting additional costs.

(3) The customer may only exercise set-off or retention rights if their claim has been legally established or is undisputed. Furthermore, a right of retention may only be exercised if the customer’s claim arises from the same contractual relationship. In the case of defective goods delivered, the customer’s counterclaims remain unaffected.

(4) The customer agrees to receive invoices exclusively in electronic form. Invoices will be provided to the customer by email in PDF format.

5 Retention of Title

(1) The goods remain the property of SPREADSHIRT until full payment of all claims arising from the contract.

(2) The customer is obliged to treat the goods with care until ownership has passed to them.

6 Warranty

(1) If a defect subject to warranty exists, the customer is entitled under statutory provisions to request supplementary performance, withdraw from the contract, or reduce the purchase price. The customer’s claims for damages exist only in accordance with § 7.

(2) If the customer is a business, the limitation period for warranty claims is one year. For claims for damages in accordance with § 7, only the statutory limitation periods apply.

7 Liability

(1) a) SPREADSHIRT is liable for damages, regardless of the legal grounds, in cases of intent and gross negligence.

b) In cases of simple negligence, SPREADSHIRT is only liable:

1. aa) for damages resulting from injury to life, body, or health, or
2. bb) for damages resulting from the breach of an essential contractual obligation (an obligation that makes the proper performance of the contract possible in the first place and on which the contracting party regularly relies and may rely). In the event of a breach of an essential contractual obligation, SPREADSHIRT’s liability is limited to foreseeable, typically occurring damages.

c) Any liability beyond this is excluded, regardless of the legal grounds (including contractual liability, tort, negligence, or indemnity claims).

d) Exclusions or limitations of liability do not apply insofar as SPREADSHIRT fraudulently conceals a defect, has assumed a guarantee for the quality of the goods, or is mandatorily liable under statutory provisions, including liability under the German Product Liability Act.

(2) Where liability of SPREADSHIRT is excluded or limited, the same applies to the personal liability of SPREADSHIRT’s organs, legal representatives, employees, agents, and vicarious agents.

8 Right of Withdrawal for Consumers

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (sprd.net AG, SPREADSHIRT, Gießerstr. 27, 04229 Leipzig, Germany, service-dtb@spreadgroup.com) by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the deadline, it is sufficient to send the notification before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will refund 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 at the latest within fourteen days from the day on which we receive the notification of your withdrawal. We will use the same means of payment that you used for the original transaction unless otherwise expressly agreed; you will not incur any fees as a result of the refund.

We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you informed us of the withdrawal. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling that was not necessary to establish the nature, characteristics, and functioning of the goods.

Exceptions

The right of withdrawal does not apply in particular to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

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-dtb@spreadgroup.com:

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*) / received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

Date

(*) Delete as applicable.

9 Rights to Print Designs, Indemnification

(1) “Submitted Material” as used below includes all information, designs (including print designs and fonts), or other materials provided by the customer to SPREADSHIRT in connection with the order and/or approved by the customer (in the case of adaptation or design by SPREADSHIRT on behalf of the customer).

(2) The customer warrants to SPREADSHIRT and its affiliated companies, legal representatives, employees, and agents that the Submitted Material does not violate applicable laws (in particular criminal laws and laws protecting minors) or third-party rights (in particular copyrights, personality rights, trademark rights, and similar intellectual property rights). The customer shall inform SPREADSHIRT immediately if third parties assert rights to the Submitted Material.

(3) If Submitted Material violates statutory provisions or third-party rights, SPREADSHIRT and its affiliated companies, legal representatives, employees, and agents are entitled to demand compensation for damages incurred as a result of the violation. The customer is particularly obliged to indemnify and hold harmless SPREADSHIRT and its affiliated companies, legal representatives, employees, and agents from any actions, claims, damages, costs, or expenses arising from third parties asserting violations of their rights.

(4) The customer alone is responsible for checking the Submitted Material for compliance with legal provisions and third-party rights. If it becomes apparent or reasonably suspected that Submitted Material violates legal provisions or third-party rights, SPREADSHIRT is entitled, in addition to all other claims, defenses, and remedies, to refuse conclusion of the contract or to withdraw from such a contract.

10 Technical and Design Variations

In fulfilling the contract, SPREADSHIRT reserves the right to make customary deviations from descriptions and information in our catalogs, including our website, with regard to material quality, color, weight, dimensions, design, or similar features of the goods, provided such deviations are reasonable for the customer. Acceptable reasons include customary fluctuations and technical production processes.

11 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr/. SPREADSHIRT is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12 Place of Jurisdiction – Place of Performance – Applicable Law

(1) The place of performance for all deliveries is the registered office of SPREADSHIRT in Leipzig.

(2) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, Leipzig shall be the place of jurisdiction. SPREADSHIRT is also entitled to sue the customer at their place of jurisdiction. The same applies if the customer does not have a general place of jurisdiction in Germany, relocates their domicile or habitual residence abroad after conclusion of the contract, or if their domicile or habitual residence is unknown at the time of filing a lawsuit.

(3) The contract under these General Terms and Conditions is subject exclusively to the law of the Federal Republic of Germany. The applicability of the UN Convention on Contracts for the International Sale of Goods and any other international agreements, even after incorporation into German law, is excluded. If the customer is a consumer with habitual residence abroad, mandatory consumer protection provisions of that country remain unaffected (Art. 6 para. 2 Regulation (EC) 593/2008).

(4) Should individual provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Insofar as provisions are invalid, the content of the contract shall be governed by statutory provisions. However, the entire contract shall be invalid if adherence to it would constitute unreasonable hardship for one party, even taking into account the intended amendment.