General terms and conditions and customer information
Part 1: General Terms and Conditions
§ 1 - Scope of application
(1) Your contractual partner for all orders within the online offer www.prinovia.de is Shirtigo GmbH, Vitalisstraße 202, 50827 Cologne, hereinafter referred to as the "provider".
(2) All deliveries by the provider 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 form the basis of all offers and agreements between the provider and the customer and apply as acknowledged for the entire duration of the business relationship. Contradictory or deviating conditions of the buyer are only binding if the provider has acknowledged them in writing.
§ 2 - Conclusion of contract
(1) The "offers" contained on the website constitute a non-binding invitation to the customer to place an order with the provider.
(2) By submitting the completed order form on the internet, the customer makes a binding offer to conclude a purchase contract or a work delivery contract. Before finally submitting, the customer has the opportunity to review the accuracy of his entries on an overview page and, if necessary, to correct them. The provider then sends the customer an order confirmation by email. The order confirmation does not constitute acceptance of the offer, but is only intended to inform the customer that his order has been received by the provider. The order is then visualized by the provider and sent to the customer. The contract is concluded with the creation of the visualization in a further step.
(3) It is not possible for the provider to check in advance all print motifs created by customers for possible legal infringements. The provider reserves the right to reject received orders within the legal acceptance period if it becomes known during the ordering process or if there is a suspicion that rights of third parties or legal regulations are violated by a print motif.
§ 3 - Prices
(1) The prices quoted are final prices. They include the applicable legal taxes, in particular value added tax. Shipping costs are shown separately. The delivery address is decisive.
(2) Shipping costs are to be borne by the customer, which depend on the scope of the order and the location to which it is to be delivered. The currently applicable shipping costs are listed in the shopping cart.
(3) Purchase price and shipping costs are due immediately without deduction.
§ 4 - Payment
(1) Payment is made at the customer's choice by advance payment or Paypal. The provider reserves the right to restrict the selection of payment methods that a customer can choose between, depending on the order value, shipping region, or other objective criteria. From a certain order value, the contractor reserves the right to secure against a payment default by the client through reinsurance and to change the payment method in case of a negative credit check. In this case, the client has the option to cancel the order.
If the payment method chosen by the customer is not executable despite proper execution by the provider, in particular because a debit from the customer's account is not possible due to insufficient funds in the account or because incorrect data was provided, the customer must reimburse the provider or the third party entrusted by him with the transaction for the additional costs incurred as a result.
(3) The provider is authorized to use trusted third parties to process the payment for the services.
In the event of the customer's default in payment, the provider may assign its claims to a debt collection agency and transfer the personal data required for payment processing to this third party. In the event of involving third parties in the payment processing, the payment shall only be deemed made to the provider once the amount has been provided to the third party in accordance with the contract, enabling the third party to dispose of it without restrictions.
§ 5 - Delivery / Shipping
(1) The delivery is generally made within 21 days from receipt of the order confirmation by the customer.
(2) Delivery is made to the shipping countries specified on this website.
(3) Delivery is carried out by a shipping service provider chosen by the supplier. The customer is responsible for the shipping costs specified in the shopping cart.
(4) The goods remain the property of the provider until the claims to which the provider is entitled have been settled. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the provider reserves ownership of all delivery items until receipt of all payments from the business relationship.
(5) The customer is obligated to handle the goods carefully until ownership is transferred to him.
§ 6 - Warranty
(1) Illustrations, drawings, information, technical data, weight, dimension and performance descriptions contained in catalogs, advertisements, social media appearances or price lists are purely for information purposes. The provider does not guarantee the accuracy of this information. Only the information contained in the order confirmation is decisive regarding the nature and scope of the delivery.
To the extent that a defect for which warranty is obliged exists, the customer is entitled to statutory warranty rights.
(3) According to the current state of technology, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. Therefore, the provider is not liable for the continuous and uninterrupted availability of the online service.
(4) The customer's claims under the warranty presuppose that, if the customer is a merchant, he has fulfilled his obligations to inspect and give notice as required by § 377 of the German Commercial Code (HGB).
(5) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is a business, the limitation period is one year.
§ 7 - Limitation of liability
(1) The liability of the provider is governed by the statutory provisions in all other respects, unless otherwise specified in these General Terms and Conditions of Business and Delivery. The provider is liable for damages, regardless of the legal basis, only in cases of intent and gross negligence without limitation. Furthermore, the provider is liable for damages resulting from the violation of life, body or health without limitation in cases of simple negligence. In cases of simple negligence and the violation of a material contractual obligation (cardinal obligation), the liability of the provider is limited to the compensation for 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 also applies to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of the provider.
(3) The liability under the Product Liability Act remains unaffected by the above provisions.
§ 8 - Copyright and trademark rights on print designs, indemnification
(1) If the customer submits their own design or otherwise influences the product (text personalization), the customer assures the provider that text and design are free of third-party rights. Any copyright, trademark, personality rights, or name infringements in this case are fully the responsibility of the customer. The customer also assures that by customizing the product, they do not violate any other third-party rights.
(2) The customer will indemnify the provider from all claims and demands that are asserted due to the infringement of such third-party rights, to the extent that the customer is responsible for the breach. The customer will reimburse the provider for all resulting defense costs and other damages.
§ 9 - Technical and design deviations
In the performance of the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogs, and other written and electronic documents regarding material quality, color, weight, dimensions, design, or similar characteristics, insofar as these are reasonable for the purchaser. Reasonable reasons for changes may arise from commercial fluctuations and technical production processes. Before the production of the goods, a visualization of the end product is created by us based on the data submitted by the customer. This visualization is provided to the customer for approval. Please note that the visualization is only a non-binding preview. During production, there may be deviations in terms of scale, positioning, and colors.
Over- or under-deliveries of up to 10% are possible due to production reasons and will be taken into account.
§ 10 Color designations, size specifications, washing behavior
The color names and size specifications we use are chosen by us and/or the manufacturers and are not standardized. Therefore, color and size differences may occur between different manufacturers and their products.
With regard to the colors shown, it is expressly pointed out that the representation of a color may vary from screen to screen. The representation of the color shown in the shop alone cannot completely correspond to the color of the product. If larger quantities are ordered, we recommend ordering samples of the items for viewing.
The textile articles should be washed before first use. The textiles may contain production-related chemically harmless residues that can react with body sweat during wear. This may cause discoloration of the textiles, which does not indicate a defect.
§ 11 - Place of jurisdiction
(1) Place of performance for all deliveries is the provider's place of business in Cologne.
(2) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a public-law special fund, Cologne shall be the place of jurisdiction. In this case, the provider is also entitled to sue the customer at the customer's place of jurisdiction at the provider's discretion. The same applies if the customer does not have a general place of jurisdiction in Germany, relocates his place of residence or habitual abode from Germany after conclusion of the contract, or his place of residence or habitual abode is unknown at the time of filing the lawsuit.
(3) The contract under these General Terms and Conditions is subject exclusively to the law of the Federal Republic of Germany. The application of the UN Sales Convention is excluded. If the customer is a consumer within the meaning of § 13 BGB and has his habitual residence abroad, mandatory provisions of this state remain unaffected.
§ 12 - Severability clause
If individual provisions of these General Terms and Conditions of Business and Delivery are ineffective or contradict statutory regulations, the contract as a whole shall not be affected thereby.
Part 2: Customer Information
1. The contract text as well as the customer's order details are stored by the provider. After the completed order, the customer receives a clear order confirmation containing all details of the order. Furthermore, there is the possibility to print out the contract text using the browser's print functions. In addition, the orders can be accessed in the personal customer account. Customers with guest access cannot retrieve their orders later.
2. The customer can correct his entries before submitting his order using the technical means provided by the provider within the respective input fields using the usual keyboard and mouse functions. In this regard, the customer can correct his entries by either pressing the 'back button' or the 'back arrow'. Corrections can also be made directly on the individual offer pages in the existing input fields. Furthermore, there is the possibility to update the products or delete individual products within the virtual shopping cart. All of these correction options are available until the binding offer is submitted via the 'order now' button.
3. The language available for the conclusion of the contract is German.
