The following terms and conditions also contain legal information on your rights according to the regulations on contracts in distance selling and in electronic business transactions).
§ 1 Scope of application, customer information
The following general terms and conditions regulate the contractual relationship between Heldenwerbung GmbH and the consumers and entrepreneurs who buy goods through our shop Shirt-King. We do not recognise conditions that are contrary to or deviate from our terms and conditions. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to buy goods.
(2) Sie können ein oder mehrere Produkte in den Warenkorb legen. In the course of the ordering process you enter your data and wishes regarding payment method, delivery modalities etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract. You can also place a binding order by telephone.
(3) We are entitled to accept the offer made via the Internet within 1 working day by sending an order confirmation by e-mail. After fruitless expiration of the period mentioned in sentence 1, your offer shall be deemed rejected, i.e. you shall no longer be bound by your offer. In the case of an order by telephone, the purchase contract is concluded if your offer is accepted by us immediately. If the offer is not immediately accepted, you are also no longer bound by it.
§ 3 Customer information: Storage of your order data
Your order with details of the concluded contract (e.g. type of product, price etc.) is stored by us. We will send you the AGB, but you can also access the AGB via our website at any time after conclusion of the contract. As a registered customer you can access your past orders via the customer login area My Account.
§ 4 Customer information: correction note
You can correct your entries at any time before placing the order by pressing the delete key. We will inform you about further correction possibilities on the way through the order process. You can also end the ordering process completely at any time by closing the browser window.
§ 5 Retention of title
The object of purchase remains our property until full payment has been made.
§ 6 Limitation of your warranty claims
(1) For our goods there are statutory rights of liability for defects.
(2) Warranty to consumers for used goods
Your claims due to defects in used goods shall become statute-barred one year after handover of the sold goods to you. Excluded from this provision are claims for damages, claims due to defects which we have fraudulently concealed and claims from a guarantee which we have assumed for the quality of the item. The statutory periods of limitation apply to these excluded claims.
(3) Warranty towards entrepreneurs
Your warranty claims due to defects in the purchased item shall become statute-barred one year after the transfer of risk. Excluded from this provision are claims for damages, claims due to defects which we have fraudulently concealed and claims from a guarantee which we have assumed for the quality of the item. The right of recourse according to § 478 of the German Civil Code (BGB) is also excluded. The statutory periods of limitation apply to these excluded claims.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty, provided that these do not concern duties essential to the contract, damages from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The duties essential to the contract include in particular the duty to hand over the item to you and to procure ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 8 Rights to uploaded motives and graphics
To personalize his product, the client of Heldenwerbung GmbH can upload photos, graphics and motifs in the web shop. The client herewith assures that he does not infringe the rights of third parties. In the event of breaches of duty, the client shall indemnify Heldenwerbung GmbH from all claims of third parties if he is responsible for the breach. If Heldenwerbung GmbH incurs costs or damages due to the client’s breach of duty, the client is obliged to reimburse these costs and damages to Heldenwerbung GmbH.
§ 9 Mention as reference and voucher copy
Heldenwerbung GmbH reserves the right to retain specimen copies for quality assessment purposes and to send these as samples without the express consent of the client. Additionally we reserve the right to publish photos of the produced goods on our website. If the client does not wish to be named as a reference or to retain a reference sample, the client shall inform Heldenwerbung GmbH accordingly.
§ 10 Commercial place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our registered office if you are a merchant.
§ 11 Consumer information: non-participation in dispute resolution proceedings
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.