Please Read Carefully
This is a legal agreement (“Agreement”) between and among you and Liquid Tones Ltd and any other entity affiliated with Liquid Tones Ltd, (collectively, “Liquid Tones Ltd” stating the terms that govern your use of the Liquid Tones Ltd website and the music store or services located at websites owned by Liquid Tones Ltd such as liquidtones.co.uk, DJ Profiles, and/or facebook.com/LiquidTones (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the “Website”, as the context requires). By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Liquid Tones Ltd reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement.
To register for use of the Website on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
All “Content”, including but not limited to digital downloads of sound recordings and related digital content, including songs, mixes and loops, music, downloads or samples, and all software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Liquid Tones Ltd, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Liquid Tones Ltd, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the Website, you are permitted to listen to Samples (as defined below), and obtain digital downloads of sound recordings and related digital content, including songs, mixes and loops, which is part of the Website’s Content. Some of the Content is “Products”. The Content is only for your personal, noncommercial use.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Website at your own risk and Liquid Tones Ltd shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Liquid Tones Ltd (“Registration Data” for the purposes of creating an Account, called my “Account”. You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. Liquid Tones Ltd may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, or incomplete. You agree that Liquid Tones Ltd may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Liquid Tones Ltd immediately of any unauthorized use of your password and/or account. Liquid Tones Ltd shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or account, and you agree to hold harmless and to indemnify Liquid Tones Ltd, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Liquid Tones Ltd will terminate your Account
5. Consent to our communication with You by E-Mail.
By establishing a Liquid Tones Ltd Account, you grant permission for Liquid Tones Ltd to contact you at your e-mail address.
6. System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, play back, burn or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Content. If you need information on the specifications of any equipment, internet access or software required to use the services provided by Sounds To Sample please contact us here. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content.
7. Charges and Billing.
You agree to pay for all Products that you purchase through the Website. Liquid Tones Ltd may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. For subscription services for which recurring billing may be applicable, Liquid Tones Ltd will charge your credit card on the first day of each new billing cycle as outlined in the terms of the applicable billing agreement. You hereby agree to authorize Liquid Tones Ltd to charge your credit card for the above mentioned at Liquid Tones Ltd’s convenience, but within (30) days of credit card authorization. YOU ARE RESPONSIBLE FOR PROVIDING BEATPORT WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Liquid Tones Ltd may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your “Member Account”. You are responsible for any charges on your Account that are incurred by any person through your Account, and you are solely responsible for keeping your Account secure and confidential.
Liquid Tones Ltd may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Liquid Tones Ltd will not be liable to you or to any third party should it exercise such rights; provided that if Liquid Tones Ltd terminates any prepaid subscription service, Liquid Tones Ltd will refund a prorated amount of such prepaid fees.
You may not cancel your yearly or monthly membership for subscription services during the initial term of such services; however, you may give notice of nonrenewal for the following term. Upon any expiration or termination of your subscription service, you will no longer have access or right to any membership benefits under such subscription service.
8. Limitation on Sales
Liquid Tones Ltd sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Liquid Tones Ltd reserves the right to refuse access to the Website or sale of Products for any reason, to any end user. Liquid Tones Ltd may terminate any offers for free or special promotions or pricing on merchandise at any time.
9. Right to Change Prices and Product Availability.
Prices and availability of Products offered through the Website are subject to change at any time. Liquid Tones Ltd does not provide price protection or refunds in the event of a price drop or promotional offering.
10. Sales of Downloads.
Each Download is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of Downloads by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
11. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Liquid Tones Ltd will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by Liquid Tones Ltd.
12. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Content may be accidentally mispriced. In such an event, Liquid Tones Ltd reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
14. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Liquid Tones Ltd’s offer to sell and (2) convey Liquid Tones Ltd’s acceptance of your order. Liquid Tones Ltd reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order.
15. Charges and Billing.
Liquid Tones Ltd currently accepts American Express, Visa, Master Card, Solo credit cards, and PayPal. Liquid Tones Ltd does not accept cash, money orders, or checks. Liquid Tones Ltd reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Liquid Tones Ltd, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Content or Download orders previously accepted by Liquid Tones Ltd will survive your termination of your Liquid Tones Ltd Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Liquid Tones Ltd’s management’s sole discretion.
16. Limitations of Content Usage and Copyright.
Liquid Tones Ltd may make available certain Content and Products. Your access to and/or use of any Products will be limited by the rules assigned to the Products by Liquid Tones Ltd (“Product Rules”) and described on the Webpage where you acquire access to the individual Product. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Product Rules. LIQUID TONES LTD RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Sample” is a promotional portion of a Product, in some cases an entire Product, which is made available to you while you are logged onto the Website. Samples may also consist of a promotional music video. Samples are offered at no cost to you, and you may play as many Samples as you like. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Sample.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Liquid Tones Ltd shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Downloads or Content contained on the Site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
17. Prohibited Uses of Downloads.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads. You may not play and then re-digitize any Downloads. You may not create any “derivative works” by altering any of the Content. You may not use the Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
18. Loss of Rights by Liquid Tones Ltd.
Liquid Tones Ltd may at any time lose the right to make certain Products available. In such an event, you will no longer be able to access such Products from Liquid Tones Ltd’s Library function or obtain them from the Website catalog.
19. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
20. Community Features / Public Areas.
The Website may contain features designed to help members find Content of personal interest by viewing Content that other members have sampled and/or downloaded. These features may include access to members most recently played lists and access to member’s collections of Content. Further, Liquid Tones Ltd may feature message boards and/or chat rooms that allow for communication and posting of public profiles between users of the Website. The public areas are offered on a read only basis until a user signs up for the ability to post messages in the various forums. LIQUID TONES LTD HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Liquid Tones Ltd is not responsible and assumes no liability for any activity, content, messages and the like that you or any other users post to a public area or a public profile, or send to another user over an instant messenger system.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.
22. Liquid Tones Ltd’s Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Liquid Tones Ltd may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Liquid Tones Ltd’s use of such content exploits any proprietary rights you may have in such material, you agree that Liquid Tones Ltd has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will defend indemnify and hold harmless Liquid Tones Ltd, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility.
All copyrights in and to the Website, including but not limited to, the Liquid Tones Ltd music store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Liquid Tones Ltd and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Liquid Tones Ltd and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Liquid Tones Ltd and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
26. Violation of Intellectual Property Rights.
If Liquid Tones Ltd receives a notice alleging that you have engaged in behavior that infringes Liquid Tones Ltd’s or an other’s intellectual property rights or reasonably suspects the same, Liquid Tones Ltd may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on our Site constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement on the Website is: Liquid Tones Ltd, LLC, Attn: Copyright Agent, 2399 Blake St., Suite 170, Denver, CO 80205 USA, Email: firstname.lastname@example.org
27. Enforcement of These Terms.
Liquid Tones Ltd reserves the right to enlist and take measures that Liquid Tones Ltd believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to Liquid Tones Ltd’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party’s rights). You agree that Liquid Tones Ltd has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Liquid Tones Ltd believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Liquid Tones Ltd’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
28. No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Liquid Tones Ltd Website. Liquid Tones Ltd may include links to third party websites, which are provided solely as a convenience to you. Liquid Tones Ltd assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Liquid Tones Ltd is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
29. Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Liquid Tones Ltd and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Sounds/To/Sample and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Liquid Tones Ltd suspects that you have failed, to comply with any of the provision of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Liquid Tones Ltd with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of these Terms and Conditions or any license to the software, Liquid Tones Ltd, at its sole discretion, without notice to you may: (i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.
31. Governing Law.
The laws of the State of Colorado, of the United States of America, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Liquid Tones Ltd or relating in any way to your use of the Website resides in the courts of the State of Colorado, U.S.A.
32. Disclaimers and Limitations of Liability.
(a) You agree that from time to time Liquid Tones Ltd may remove the Website for indefinite periods of time, or cancel the Website at any time, with or without notice to you.
(b) Liquid Tones Ltd makes no warranty that any particular CD burner or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Liquid Tones Ltd be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Liquid Tones Ltd shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
(e) All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Company makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses.
(f) Company specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if company has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
Terms and Conditions of Sales and Delivery
General Terms and Conditions of Sales and Delivery
of sprd.net AG for Customers
§ 1 General Information
Your contractual partner for all orders within the scope of this online offer is sprd.net AG, represented by its Executive Board: Philip Rooke (CEO) and Tobias Schaugg, of Gießerstraße 27, 04229 Leipzig, Germany (listed in the Commercial Register at the Local Court of Leipzig under number HRB 22478), hereafter referred to as “Spreadshirt”.
All deliveries from Spreadshirt to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Spreadshirt and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Spreadshirt has agreed to them in writing.
§ 2 Responsibility for Online Offer
(1) Two shop types are available on Spreadshirt´s platform. First, there are shops which are designed and operated by Spreadshirt itself (“Spreadshirt shops“), and second, there are shops which are designed and operated by independent shop owners (“partner shops”). Information on the respective owner of a shop can be viewed via the link “legal information“ in the respective shop.
(2) Spreadshirt is responsible for the articles and motifs offered in a “Spreadshirt shop” as well as the overall design of the shop.
(3) The Shop Operator has sole responsibility for the items and motifs offered in a “Partner Shop”, for the design of the shop and for advertising the items offered. Spreadshirt expressly does not adopt as its own those matters which are the responsibility of the Shop Operator unless they are in accord with the provisions of these General Terms and Conditions and/or the provisions of the General Terms and Conditions relating to Shop Operators. In particular, this applies to breaches on the part of Shop Operators of the obligation to apply Spreadshirt’s General Terms and Conditions in their shops vis-à-vis the end Customer.
§ 3 Conclusion of the Contract
(1) The “offers” contained on the website represent a non-binding invitation for the customer to place an order with Spreadshirt.
(2) (2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The following languages are currently available for the ordering process: German, English, French, Spanish, Dutch, Italian, Norwegian, Swedish, Danish, Polish, Finnish.
Then Spreadshirt sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility, in particular any possible infringement upon trademark rights of third parties. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Spreadshirt.
The contract only materialises when Spreadshirt dispatches the product ordered to the Customer and confirms the dispatch to the customer with a second e-mail (“Delivery Confirmation”). The details of the order can also be viewed online in the user profile under “Orders” on www.spreadshirt.net.
(3) In connection with §2 (3) Spreadshirt as platform provider cannot pre-examine all print designs created by customers or shop owners for possible breaches. Spreadshirt reserves the right to reject received orders within the legal period of acceptance if, during the ordering process, it becomes known or it is suspected that third-party rights or statutory regulations will be violated by a print design.
(4) The conclusion of the contract shall depend on punctual and correct supply of the goods to Spreadshirt. This proviso shall not apply in the event of short-term disruption to deliveries or if Spreadshirt can be held responsible for non-delivery, in particular if Spreadshirt fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.
§ 4 Delivery / Shipment
(1) In principle, delivery is made within three weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by Spreadshirt in writing.
(2) Delivery is available to Germany as well as some European countries: More information can be found at www.spreadshirt.net.
(3) Delivery shall be conducted by a shipment service provider chosen by Spreadshirt. The customer has to pay standard delivery costs which may depend on order value, and where it is shipped to. Current delivery prices can be viewed at www.spreadshirt.net.
(4) If in exceptional circumstances delivery is not possible within the period of three weeks after conclusion of the contract mentioned in (1), Spreadshirt shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit (§ 126b of the German Civil Code). The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing (§ 126b of the German Civil Code).
§ 5 Prices
(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.
(2) For customers from outside the EU all stated prices are net prices. The delivery address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay delivery and handling, which may depend on order value and the delivery location. Current delivery prices can be viewed at www.spreadshirt.net.
(4) Purchase price, along with delivery and handling charges are immediately payable, without deduction.
§ 6 Payment
(1) Payment will be carried out according to the customer´s choice of either direct debit, credit card, advance payment or other payment methods. Spreadshirt reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.
(2) In case of the method of payment chosen by the customer not being practicable, where Spreadshirt has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Spreadshirt or a third party which carried out the transaction.
(3) Spreadshirt is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, Spreadshirt is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to Spreadshirt only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
§ 7 Conditional Sale
(1) Up to the payment of any monies owed to Spreadshirt the goods remain the property of Spreadshirt. If the customer is a merchant according to the German Commercial Code (HGB), Spreadshirt remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
§ 8 Guarantee
(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Spreadshirt for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(3) In the case of return shipments due to defects Spreadshirt will also pay for the cost of postage.
(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, Spreadshirt shall not be liable for the continuous and uninterrupted availability of the online offer.
(5) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).
(6) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.
§ 9 Limitation of Liability
(1) Apart from that, liability on the part of Spreadshirt follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Spreadshirt only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, Spreadshirt also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) Spreadshirt´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of Spreadshirt according to the German Product Liability Act remains unaffected by the abovementioned provisions.
(2) As far as liability of Spreadshirt is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Spreadshirt.
§ 10 Notice and information about right of cancellation according to
§ 312 d Para. 1 BGB (German Civil Code) for consumers as defined by § 13 BGB
(1) Notification of cancellation policy
Right of withdrawal
You are entitled to revoke your contractual statement in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons or – if the goods have been delivered to you before the end of that period – also by returning the goods. The period begins following receipt of this notice in writing, however not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first part-delivery) and also not before performance of our duties to inform in accordance with article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB and our duties in accordance with § 312g Para. 1 Sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The cancellation period shall be deemed to be observed if notice of cancellation or the goods are sent in good time. Notice of cancellation is to be sent to:
or sent by fax to: 49 – (0)341 / 59400 – 5499
or by e-mail to: email@example.com.
Consequences of cancellation In case of an effective cancellation, any goods or payments received by either party are to be returned and any benefits that may have been obtained (e.g. interest) are to be repaid. If you are partly or wholly unable to return the goods and benefits (e.g. from use) to us or only in a deteriorated condition, you must compensate us accordingly. You shall not be required to compensate any lost value for the deterioration of the goods and for derived benefits insofar as said use and deterioration can be attributed to the inspection of the properties and the operational capability of the goods. “Inspection of the properties and operational capability” is taken to mean the testing and trying out of the respective goods as is possible and customary in, for example, a retail store. Goods which can be shipped as parcels are to be returned at our risk. You shall be required to pay the regular costs of the return if the goods delivered do not differ from those ordered and the price of the goods to be returned does not exceed 40 euros or, if the price of the goods is higher, if you have not yet paid for the goods or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return is free of charge for you. Goods which are not able to be shipped as parcels shall be collected from you by us. Any obligations to reimburse payments must be met within 30 days. This period begins for you when you send either your notification of cancellation or the goods, and for us on receipt.
End of notification of cancellation policy
(2) According to § 312d Para. 4 No. 1 BGB, the right to cancel does not exist for goods produced to the customer’s specifications or which are clearly tailored to the customer’s personal needs.
(3) If the contract is cancelled, Spreadshirt also bears the cost of sending the goods to the consumer (original delivery costs).
§ 11 Copyrights to Print Designs, Release from Liability
(1) If the Customer provides his/her own motif or otherwise influences the product (personalisation of text), the Customer assures Spreadshirt that the text and motif are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the Customer. The Customer also assures Spreadshirt that by personalising the product he is also not breaching any other rights held by third parties.
(2) The customer releases Spreadshirt from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall reimburse Spreadshirt for all defense costs and other damages resulting from any such action.
§ 12 Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.
§ 13 Data Protection
Spreadshirt uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Spreadshirt for fulfillment and handling of the contract. This data is treated confidentially by Spreadshirt and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Spreadshirt has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.
§ 14 Place of Jurisdiction – Place of Fulfillment – Choice of Law
(1) Place of fulfillment for all services is the place of business of Spreadshirt in Leipzig.
(2) As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Leipzig is the place of general jurisdiction. In such case, Spreadshirt is also entitled to sue the customer according to the opinion of Spreadshirt at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
(3) According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.
(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
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