Terms and Conditions/AGB
General Terms and Conditions of Business
Art. 1 Scope of Application, Customer Information
The following General Terms and Conditions of Business (the “Terms and Conditions”) shall govern the contractual relationship between the company Bad Press and consumers who purchase goods through the “Bad Press Merch” Internet shop. Terms and conditions of an entrepreneur that conflict with or deviate from these Terms and Conditions will not be recognized. These Terms and Conditions also include customer information pursuant to the “BGB-Infoverordnung” [German Civil Code – Information Ordinance]. The contractual language is German.
Art. 2 Conclusion of Contract
(1) The offers on the Internet constitute a non-binding invitation to you to purchase goods.
(2) By entering your data and clicking on the “Order” button, you make a binding offer to conclude a purchase contract.
(3) We have the right to accept your offer within 5 days by sending an order confirmation by email. If no such confirmation is sent within the period stated in sentence 1, your offer is to be deemed rejected, so that you will no longer be bound by your offer.
Art. 3 Customer Information: Storing of Offer Text/ Correction Possibilities
(1) The text of the contract with particulars of the article is not stored.
(2) You can correct your entries at any time before sending the order. You will be informed of your correction possibilities during the order process.
Art. 4 Terms of Payment
We generally accept payment in advance, payment by PayPal and payment by credit card.
(1) Payment in advance
For payment by transfer, Bad Press Merch will inform you of the bank account details in the email confirming the order and will dispatch the goods on receipt of payment. Payment must have been received on the Bad Press Merch account within 3 weeks from receipt of the order confirmation.
In the case of payment by PayPal, the PayPal account data will be sent to you in the course of the ordering process or in the email confirming the order. Payment will be made immediately from your PayPal account to our PayPal account with the address firstname.lastname@example.org
(3) Payment by credit card
The goods will be dispatched as soon as the amount has been credited to our account. Payment must be made to the Bad Press Merch account within 3 weeks from receipt of the order confirmation.
Art. 5 Delivery
(1) If Bad Press Merch accepts your order, the goods will be delivered as soon as possible. In the case of orders with payment in advance, the goods will only be dispatched on receipt of the full amount by Bad Press Merch. We will not reserve any ordered goods prior to the receipt of payment.
(2) If we are unable to deliver ordered goods through no fault of our own, e.g. because one of our suppliers is in breach of its contractual obligations, we shall have the right to cancel the contract with you. In this case, we will inform you immediately that the ordered goods cannot be supplied. Any performance already made by you will be returned immediately.
(3) Delivery will be made to the address stated by you. We reserve the right to make part-deliveries, if need be.
(4) Before accepting the delivery from the parcel delivery service, please ensure that the package or packages has/have not been opened, damaged or tampered with in any way. Should they have been, you should make a written record to this effect in the handover record presented by the parcel delivery service driver.
Art. 6 Articles, Prices, Delivery Costs
(1) The articles offered by us are originally licensed goods. Depending on the computer screen used by you, colours and colour shades of the articles shown on the screen may differ from those of the original item.
(2) Trade marks and brand names shown are the property of their respective owners.
(3) All prices include value added tax at the statutory rate but are subject to the addition of delivery costs. The article and delivery costs valid at the time of ordering apply. You will be informed of the delivery costs during the ordering process.
Art. 7 Return Costs in Case of Revocation of Order by Consumer
If you, as a consumer, make use of your right of revocation, the costs of return delivery must be borne by you if the delivered goods are in conformity with those ordered and the price of the goods being returned does not exceed a sum of €40.00 or if, in the case of higher-priced articles, you had not yet effected counter-performance or a contractually agreed part-payment at the time of revocation. You need only bear the regular costs of return delivery. Any additional costs arising e.g. through a change in our place of business or through the use of more expensive transport services on our request will be borne by us.
Art. 8 Reservation of Title
The item of sale shall remain our property until payment of the purchase price in full.
Art. 9 Warranty Claims
In the case of purchase of new goods, the warranty claims as set forth in the statutory regulations shall apply. Minor differences in colour between illustrations and the delivered goods are due to technical reasons. In the case of all-over prints or prints on seams, zip fasteners and pockets, small unprinted areas may occur as a result of the complex printing process and are unavoidable. Circumstances of the aforesaid kind shall not constitute a fault or non-compliance; defects which are due to failure to comply with care instructions (see label) or to normal wear and tear shall likewise not constitute a fault or non-compliance.
Art. 10 Limitation of Liability
(1) We exclude liability for breaches of duty caused by minor negligence insofar as such breaches do not relate to duties which are material to the contract or involve damage or injury to life, limb or health or claims under the Product Liability Act (“Produkthaftungsgesetz”). This shall also apply to breaches of duty on the part of our vicarious agents and our legal representatives. Material contractual duties shall include in particular the duty to furnish you with the item concerned and to procure title thereto on your behalf. We further have a duty to furnish you with the item free of physical and legal defects.
(2) Given the current state of the technical art, data communication via the Internet cannot be guaranteed as being fault-free or available all the time. We shall therefore have no liability for our Internet shop being available at all times.
Art. 11 Applicable Law
All disputes arising from or on the basis of these Terms and Conditions shall be governed by German law; the UN Convention on Contracts for the International Sale of Goods shall not apply.
Art. 12 Severance Clause
Should any of the provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall have no effect on the other provisions hereof, unless the voidance of individual clauses would be so unreasonably detrimental to either of the parties that that party could no longer be reasonably expected to be bound by the contract.