General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel and Exclusions of the Right to Cancel for Customized Products
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Supply of Samples
- Special Conditions for the Processing of Goods According to Client’s Specification / Customization
- Copyrights /Third Party
- Product Labelling, Promotional Rights, Right of Use
- Redemption of Campaign Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Desolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company nizeshot lab – Martin Stanzl, Heusteigstr. 41, 70180 Stuttgart, Telephone: +49 163 1467377, E-Mail: firstname.lastname@example.org (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop https://aliencustomsoccer.com. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.4 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail.
2.3 Purchase of Custom Products: Custom Products are products which have been individualized by the Customer by way of being shaped according to its own ideas, e.g. in design, lettering and colors or by way of the incorporation of logos.
2.3.1 The Seller shall send the Customer by e-mail a control design (or order summary), including a cost estimate, and shall quote the delivery conditions (including the acceptable payment methods, delivery terms and these General Terms and Conditions). The Customer shall be required to review the control design, cost estimate and terms of delivery and may then confirm the offer made by the Seller therein within two weeks of receipt thereof in writing or per email. By paying in advance for the order’s value in full, the customer agrees and confirms the order and contract thereof. Upon receipt of this confirmation, the contract between the Customer and the Seller shall come into being and Customer will receive a brief confirmation email.
2.4 Purchase of Stock Items: Stock items are those products that the Customer may acquire from the Seller without making any individual adjustments of its own to them.
2.4.1 By completing and sending off the order form on the internet for stock items, the Customer submits a binding offer for the conclusion of a contract of purchase by clicking the button “Order with obligation to pay”. At any time prior to sending off the binding order, the Customer has the opportunity to check that the order details (item, quantity, price, modes of delivery and payment) are right and if necessary to correct them. The ordering process can be aborted at any time prior to finalizing the order by closing the browser window.
2.5 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.7 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.8 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.9 The German and the English language are exclusively available for the conclusion of the contract.
2.10 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel and Exclusions of the Right to Cancel for Customized Products
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
3.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.
3.4. Exclusion and/or premature expiration of the Right to Cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
The right to cancel ceases to be available in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exclusive residence and address of delivery are located outside of the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4.4 Credit card payment via Stripe
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
4.5 If a payment method offered via the payment service “PayPal” is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..
4.6 If the payment method “immediate bank transfer” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as “IMMEDIATE”). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer”. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7) Supply of Samples
7.1. Samples provided by the Seller to show the quality of its products as well as assist in sizing are to be handled with care. The samples must be returned to the Seller by the date stated on the delivery note at the latest. This period may only be extended following an individual request.
7.2. The Seller will bear the cost of shipping the samples to its Customer, the Customer the cost for the return shipment. The Seller will on principle only accept return deliveries of samples if these have been sent with the proper amount of postage.
7.3. If the samples are not returned by the date indicated on the delivery note, the Seller reserves the right to demand the regular purchase price. The Customer, however, shall have the right to prove that only minimal/no damage has occurred.
7.4 The Seller retains the copyright and right of ownership to all illustrations, drawings, calculations and documentation provided to the Customer; this includes all documentation even that which is not denoted as confidential in any form. The Customer must obtain the explicit written consent from the Seller to forward any of the above to third parties.
8.1 Unless otherwise stipulated, the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
8.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
8.3 If the Client acts as a consumer, the following applies to contracts for the delivery of used goods subject to the restriction of the following clause: The limitation period for claims for defects is one year from the delivery of the goods if this was expressly and separately contractually agreed between the parties and it the Client was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
8.4 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
8.5 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.6 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
8.7 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8.8 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
9) Special Conditions for the Processing of Goods According to Client’s Specification / Customization
9.1 If, according to the terms of the contract, the Seller owes the delivery of the goods as well as the processing of the goods according to certain specifications of the Client, the Client shall make available to the operator all contents required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and shall grant the operator the necessary rights of use. The Client is solely responsible for the procurement and acquisition of rights for such content. The Client declares and assumes responsibility that he has the right to use the content provided to the Seller. In particular, he shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.
9.2 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller’s contractual use of the Client’s content. The Client shall also bear the reasonable costs required for the necessary legal defense, including all court and lawyer’s fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.
9.3 The Seller reserves the right to refuse processing orders, if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.
9.4 Deviations deemed standard throughout the industry as well as technically unavoidable tolerances in color, quality, material, weight, or any other specifications do not represent reasonable reasons for any complaints by the Customer.
9.5 When printing on textiles, slight variations in tonal values, both in print proofs and the following order are always possible and unavoidable. The Seller will do its best to reproduce as realistically as possible the colors appearing on the website, in the 3D Creator, in the online-catalogue, and in any product brochures depicting the range of products. In particular, those colors that appear on the website of the Seller are dependent on the individual monitor settings of the Customers, which is why the Seller cannot take any responsibility or provide any type of warranty for the comparability of these colors. The Seller therefore urgently recommends that a printed sample of the Seller color palette should be requested prior to placing an order.
10. Copyrights /Third Party
10.1 If the Customer should provide his/her own motif or otherwise influence the product (customization in the 3D Creator), the Customer assures the Seller that the text and motif are not subject to any rights held by third parties. The costs resulting from any breaches of copyright, registered designs, personal rights or rights to the use of a name, label or trademark will be borne solely by the Customer. The Customer also assures the Seller that, by personalizing the product, he/she is also not breaching any other rights held by third parties. In principle, each Customer is responsible for the use of all copyright protected texts, logos, images, slogans or designs, and must obtain the appropriate written consents of the copyright owners to use any of the above and present these to the Seller unrequested.
10.2 The Customer shall release the Seller from all demands and claims which may be asserted by third parties due to the infringement of any of the above rights, in as much as the Customer is responsible for the breach. The Customer shall reimburse the Seller for all defense and legal costs and other damages resulting from any such action.
10.3 All texts, illustrations, or any other special design made at the request of the Customer, that are deemed to invade and infringe upon the privacy rights of a third party, to contain pornographic material, to serve the purposes of spreading propaganda, or to incite criminal actions or to participate therein will not be realized by the Seller.
10.4 Clubs, especially, must be vigilant about meeting guidelines, conditions, and restrictions dictated by their respective associations. The Seller shall not assume any liability or warranty concerning these regulations.
11. Product Labelling, Promotional Rights, Right of Use
11.1 All products provided by the Seller will on principle be finished with
– one or more visible ALIEN logo(s) and/or lettering
– one or more printed and / or sewn on and visible ALIEN labels containing logos and/or lettering
– one or more printed and / or sewn-in labels with the ALIEN logos and/or lettering
– one or more printed / or sewn-in labels with the ALIEN logos and/or lettering
In addition to the above, the Seller reserves the right to brand any materials or textiles e.g. tapes or zip fasteners with its own logos and / or lettering.
11.2 The Seller shall be entitled to present any products it has produced in its own online-shop, online-catalogues and any other product descriptions, documents or advertisements, regardless of their format (electronic or print) as well as at exhibitions.
11.3 The Seller can use its Customers as references in any medium. This includes referring to and explicitly using any designs or logos that might be protected under copyright law. The Seller is not obliged to make such references, however. The Customer is allowed to limit or prohibit such references.
11.4 In the event of an overproduction or a faulty production of an order, the Seller shall have the right to use these excess products as samples for other Customers or for internal research and development purposes.
12) Redemption of Campaign Vouchers
12.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
12.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
12.3 Only one campaign voucher can be redeemed per order.
12.4 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
12.5 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
12.6 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
12.7 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
12.8 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
13) Applicable Law
13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
13.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
14) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
15) Alternative Dispute Resolution
15.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
15.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.