General terms and conditions and customer information

§ 1 - Scope of application

1. Your contractual partner for all orders within the scope of the online offer cockpit.shirtigo.de is Shirtigo GmbH, Vitalisstraße 202, 50827 Cologne, hereinafter referred to as "Provider".
2. All deliveries of the supplier to the customer are made on the basis of the following general terms and conditions of business and delivery in the respective version at the time of placing the order. These are the basis for all offers and agreements between the supplier and the customer and are considered accepted for the duration of the entire business relationship. Conflicting or deviating terms and conditions of the purchaser are only binding if the supplier has acknowledged them in writing.

§ 2 - Conclusion of contract

1. The "offers" contained on the website represent a non-binding invitation to the customer to place an order with the provider.
2. By sending the completed order form on the Internet, the customer makes a binding offer to conclude a purchase contract or contract for work and materials. Before finally sending the form, the customer has the opportunity to check the correctness of his entries on an overview page and to correct them if necessary. The contract is concluded with the start of production in a further step.
3. It is not possible for the provider to check all print motifs designed by customers in advance for any infringements of rights. The provider reserves the right to reject orders received within the legal acceptance period if it becomes known or suspected during the ordering process that a print motif violates the rights of third parties or legal regulations.

§ 3 - Prices

1. The offer is directed at commercial buyers. The stated prices are net prices. They do not include the applicable statutory taxes, in particular value added tax. Shipping costs are shown separately. Decisive for this is the quantity and the delivery address.
2. The customer is responsible for shipping costs, which depend on the order volume and the place to which the goods are to be delivered. The current shipping costs are shown in the customer account.
3. Purchase price and shipping costs are due immediately without deduction.

Overview of the prices incurred: https://cockpit.shirtigo.com/en/pricing.

a. Cost of product (incl. imprint)

The costs to be paid by the customer to Shirtigo for each item purchased by the customer via the Shirtigo Cockpit (including the respective imprint) will be specified when creating a new product https://cockpit.shirtigo.com/app/products/create/step-1. The prices stated there at the time of the order apply in each case.

b. The shipping and handling costs

The shipping and handling costs charged by Shirtigo to the customer depend on the products ordered and the country to which the order is to be shipped. The respective shipping costs are displayed in the shopping cart before the order is triggered https://cockpit.shirtigo.com/app/shop/cart. The costs indicated there apply at the time of the order.

c. Branding costs (optional)

The costs for the Branding Service are indicated on the overview page for this service, accessible at https://cockpit.shirtigo.com/app/branding/dashboard/logo. The current prices at the time of ordering an item apply.

d. Warehousing costs (optional)

The costs for the stock service are indicated on the overview page for this service, accessible at https://cockpit.shirtigo.com/app/warehousing/products . The current prices at the time of ordering an item apply.

e. Costs return service (optional)

The cost of the returns service can be reached at https://cockpit.shirtigo.com/de/preise.

f. End user prices in the customer's online store

Taking into account the costs mentioned above and retained by Shirtigo after the corresponding order, the customer is free to choose the end user price on his respective online store.

§ 4 - Payment by credit card

1. Payment is made by credit card. The provider reserves the right to limit the choice of payment methods between which a customer can choose, depending on order value, shipping region or other factual criteria. Above a certain order value, the Provider reserves the right to insure itself against a payment default of the Customer with a reinsurance company and to change the payment method in case of a negative credit report. In this case the client has the possibility to cancel the order.
2. If the method of payment selected by the Customer is not feasible despite contractual execution on the part of the Provider, in particular because a debit from the Customer's account is not possible due to insufficient funds in the Customer's account or due to the provision of incorrect data, the Customer shall reimburse the Provider or the third party commissioned by the Provider with the processing for the additional costs incurred as a result.
3. The provider is entitled to use the services of trustworthy third parties to process the payment:
4. In the event of default in payment by the Customer, the Provider may assign its claims to a collection agency and transfer the personal data required to process the payment to this third party.
5. In the event that a third party is involved in the payment processing, the payment shall only be deemed to have been made in relation to the Provider when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.
6. For each service (incoming orders as well as the optional services) an invoice is created, which is available for the customer to download in the dashboard. Invoices for customer orders are provided both in a collected overview and in the form of individual documents (by month, at the beginning of the following month).

§ 5 - Billing and payment by means of credit account "Wallet".

1. Billing shall be in accordance with Shirtigo's prices valid on the day the order is received. The payment of the service by the customer takes place by means of a credit account of the customer, the so-called "Wallet", which the customer can load with corresponding credit.
2. The recharge or the deposit is made by SEPA transfer, credit card or PayPal. Orders from external stores can only be settled via prepayment and Wallet. In case of a credit card recharge, the amount is credited to the wallet in real time. Payment fees of 1.0% apply. If you recharge via Paypal, a payment fee of 1.5% will be charged. The minimum amount per top-up is €15.
3. To withdraw your wallet balance, enter a SEPA bank account in the menu item "Wallet & Accounting". You can then withdraw the desired amount to this bank account free of charge. A maximum of one payout per month is possible. A later change of the bank account is only possible via the customer service after appropriate authentication.
4. The costs for the respective services (costs for the products incl. imprint, shipping costs, costs for optional additional services) are automatically debited from the customer's wallet by Shirtigo after an order by an end customer. Via the dashboard, the customer always has an overview of all transactions made.
5. The customer is responsible for ensuring that his credit account at Shirtigo always has sufficient credit. In this context Shirtigo is entitled to withhold the processing of orders as long as the customer's credit account does not have sufficient credit.
6. For each service (incoming orders as well as the optional services) an invoice is created, which is available for the customer to download in the dashboard. Invoices for customer orders are provided both in a collected overview and in the form of individual documents (by month, at the beginning of the following month).

§ 5 - Delivery / Shipping

1. Delivery is generally made within 14 working days from receipt of the order confirmation by the customer.
2. Delivery is made to the European Union, Switzerland, USA and Canada.
3. Delivery is made by a shipping service provider to be selected by the provider. The customer must pay the shipping costs indicated in the shopping cart.
4. The goods remain the property of the provider until the settlement of the claims due to the provider. If the customer is a merchant in the sense of the HGB, the provider retains ownership of all delivery items until all payments from the business relationship have been received.
5. The customer is obliged to treat the goods with care until the transfer of ownership to him.

§ 6 - Warranty

1. Illustrations, drawings, specifications, technical data, descriptions of weight, dimensions and performance contained in catalogs, advertisements, appearances in social media or price lists are for information purposes only. The provider assumes no liability for the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order confirmation shall be decisive.
2. Insofar as a defect subject to warranty exists, the customer is entitled to the statutory warranty rights.
3. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. The provider is therefore not liable for the constant and uninterrupted availability of the online offer.
4. The customer's claims under the warranty require that the customer, if the customer is a merchant, has fulfilled its obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
5. The limitation period of warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period shall be one year.

§ 7 - Limitation of liability

1. The liability of the provider is otherwise governed by the statutory provisions, unless otherwise provided in these General Terms and Conditions. The provider is liable for damages, regardless of the legal grounds, only in the case of intent and gross negligence unlimited. In addition, the provider is liable for simple negligence for damages arising from injury to life, limb or health unlimited. In the case of simple negligence and the violation of an essential contractual obligation (cardinal obligation), the liability of the provider is limited to the replacement of the foreseeable, typically occurring damage.
2. Insofar as the liability of the Provider is excluded or limited in these General Terms and Conditions of Business and Delivery, this shall also apply to the personal liability for damages of the Provider's employees, representatives and vicarious agents.
3. Liability under the Product Liability Act remains unaffected by the above provisions.

§ 8 - Right of withdrawal

On cockpit.shirtigo.de only printed products are sold which are made according to customer specifications, so that the right of the consumer to revoke a distance contract is excluded, § 312 d Abs. 4 Nr. 1 BGB. The statutory warranty right remains unaffected.

§ 9 - Copyright and trademark rights to print designs, release from liability

1. If the customer transmits his own motif or otherwise influences the product (text personalization), the customer assures the provider that the text and motif are free of third-party rights. In this case, any copyright, trademark, personality or name right infringements shall be fully borne by the customer. The customer also assures that he does not violate any other rights of third parties by individualizing the product.
2. The Customer shall indemnify the Provider against all claims and demands asserted on account of the infringement of such third-party rights, insofar as the Customer is responsible for the breach of duty. The customer shall reimburse the provider for all defense costs and other damages incurred.

§ 10 - Technical and design deviations

We expressly reserve the right to deviate from the descriptions and specifications in our brochures, catalogs and other written and electronic documents with regard to material properties, color, weight, dimensions, design or similar features in the performance of the contract, provided that such deviations are reasonable for the customer. Reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes.

Prior to the production of the goods, a visualization of the final product will be created by us on the basis of the data submitted by the customer. We point out that the visualization is only a non-binding preview. During production, there may be deviations in terms of scale, positioning and colors.

Excess or short deliveries of up to 10% are possible due to production and will be charged.

§ 11 - Color designations, size specifications, washing behavior

The color designations and size specifications used by us are chosen by us and/or the manufacturers and are not subject to any standardization. Therefore, there may be color and size differences between the different manufacturers and their products.

With regard to the colors shown, we expressly point out that the representation of a color varies from screen to screen. The representation of the color shown in the store can therefore alone not completely correspond to the color of the product. Furthermore, it should be noted that in digital printing, depending on the textile and the textile batch, different printing results may occur. A color-fast and constant printing result can therefore not be guaranteed.

The textile articles are to be washed before the first wearing. There are production-related chemical residues on the textiles which are harmless to health and which can lead to reactions with body perspiration when worn.

This may result in discoloration of the textiles, which does not constitute a defect.

§ 12 - Place of jurisdiction

1. The place of performance for all deliveries is the registered office of the supplier in Cologne.
2. If the customer is a merchant in the sense of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, Cologne is the place of jurisdiction. In this case, the Provider shall also be entitled to sue the Customer at the Customer's place of residence at the Provider's discretion. The same shall apply in the event that the customer does not have a general place of jurisdiction in Germany, relocates its place of residence or habitual abode outside Germany after conclusion of the contract or its place of residence or habitual abode is unknown at the time the action is filed.
3. The contract in accordance with these General Terms and Conditions of Business and Delivery shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB) and has his habitual residence abroad, mandatory provisions of this state shall remain unaffected.

§ 13 - Severability clause

Should individual provisions of these General Terms and Conditions of Business and Delivery be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract.

Customer information

1. The contract text as well as the customer's order details are stored by the supplier. After completion of the order, the customer receives a clear order confirmation, in which all details of the order are included. Furthermore, there is the possibility to print the contract text via the print functions of the browser. In addition, the orders are available in the personal customer account.
2. The customer can correct his entries before submitting his order with the technical means provided by the provider within the respective input fields using the usual keyboard and mouse functions. On the one hand, the customer can correct his entries by pressing the "back button" or the "back arrow". Corrections can also be made either directly on the individual offer pages in the existing input fields. Furthermore, it is possible to update the products or delete individual products in the virtual shopping cart. All these correction options exist up to and including the submission of the binding offer via the "order now" button.
3. The language available for the conclusion of the contract is German.
4. In accordance with Directive 2013/11/EU, the EU Commission has set up an Internet platform for the online settlement of disputes between entrepreneurs and consumers (so-called "ODR platform"). This can be accessed at the following link: http://ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes resulting from online purchase and service contracts.