§ 1 General
Your contractual partner for all orders placed in the context of this online offer is 5-56 scs Comm. V.
All de5-56 deliveries to customers are made on the basis of these terms and conditions of sale and delivery. These are the basis of all offers and agreements between 5-56 and the customer and are considered eligible for the duration of the entire business relationship. Opposing or deviating conditions of the buyer are only binding if 5-56 was accepted in writing.
§ 2 Responsibility for Online Offer
§ 3 Conclusion of contract
(1) The "offers" contained on the website are an invitation to the customer no obligation to order from 5-56.
(2) By sending the order form completed online, the customer agrees to enter into a sales contract or a contract. Before final submission, the customer has the possibility to verify the conformity of its data on a preview page and, if necessary, corrected. To order, the following languages are available: English, French, Dutch.
Subsequently, 5-56 sends an order confirmation to the customer by email and verify the legal and effective feasibility of the offer, including the possible infringement upon trademark rights of third parties. This order confirmation does not represent acceptance of the offer, but only to inform the customer that 5-56 received the order.
The contract is only concluded when Spreadshirt ships the ordered product to clients and confirms the dispatch with a second email (shipping confirmation. The order details are also available online in www.5-56.be "My Orders" in the user profile.
It is not possible to 5-56t as a platform provider, check all printed patterns drawn by customers or merchants online in advance of possible violations of the law. 5-56 reserves to refuse orders within the legal period of acceptance if it becomes known or it is suspected, as part of the order process, the rights of third parties or legal provisions are infringed by a pattern printed.
The contract is subject to the timely and complete delivery. This reserve is not valid in case of last minute difficulties in delivery or 5-56 is not responsible for non-delivery, especially if 5-56 fails to make a congruent hedging transaction. The customer is immediately informed of the unavailability of the service. The consideration will be refunded if it was provided by the customer.
§ 4 Delivery / Shipping
(1) In principle, delivery is made within 24h from receipt of order confirmation by the customer. The dates and delivery times are only binding to the extent that they have been expressly confirmed as such by 5-56 in writing.
(2) Delivery all over the world. For more information on delivery, please visit www.5-56.be
(3) Delivery is made by a sender to the choice of 5-56. Flat rate shipping costs which may depend on order value and the place of delivery, are at the customer's expense.
(4) If the delivery is exceptionally not possible within the period specified below (1) and one week after the conclusion of the contract, 5-56 notifies the customer in writing. The customer has a right of termination, he shall exercise immediately in writing.
§ 5 Prices
(1) For customers in EU states, the prices are final prices. They include legal costs, including VAT Shipping is charged separately and shown separately on the invoice. The delivery address is decisive.
(2) For customers outside the EU all prices are net. The delivery address is decisive. If VAT is payable in accordance with the legal provisions of the country of destination, it must be paid additionally upon receipt of the goods. In addition, import taxes may be due; the customer must pay additionally upon receipt of the goods.
(3) The customer must pay shipping costs, which may depend on the value of the order and the delivery location.
(4) The purchase price and shipping charges are due immediately and without deduction.
§ 6 Payment
(1) The customer has the option to pay the order by credit card or other payment (bitcoin). 5-56 reserves the right to limit the choices in the payment to the customer based on the value of the order, the sending region or any other relevant criteria.
(2) To the extent that the payment method chosen by the customer is not possible on the side of 5-56, despite the contractual performance, especially because a levy on the customer's account is not possible, fault that funds or provision due to false, the customer must reimburse the additional costs incurred by 5-56 or a third party enforcement.
(3) 5-56 is authorized to use reliable third in the execution of payment for services.
a) In the event of the customer delay in payment, Spreadshirt may assign its claims to a debt collection agency and transfer to third parties the personal data required for the execution of the payment.
b) If the use of third parties in the execution of payment, payment is only deemed to be complete with respect to 5-56 when the amount was made available to the third party in accordance with the contract, so that the third party may in have wholeheartedly.
(4) Therefore, the client accepts only receive electronic invoices. Invoices will be sent to the customer by email.
§ 7 Reservation
(1) The goods remain the property of Spreadshirt until the settlement of debts due to it. If the customer is a merchant according to the Belgian Commercial Code, 5-56 retains title to all delivered items until receipt of all payments from the business relationship.
(2) The customer undertakes to treat the goods carefully until the ownership its transmission.
§ 8 Warranty
(1) Information, drawings, technical data, specifications of weight, measurement and benefits that are contained in brochures, catalogs, newsletters, ads or price lists are for information purposes. 5-56 does not guarantee the accuracy of this information. As to the mode and extent of delivery, only information contained in the order confirmation are decisive.
(2) To the extent that there is a breach of warranty, the customer is entitled under the law, to require repair of defects, to rescind the contract or reduce the purchase price.
(3) In the case of returns due to defects, 5-56 also supports the shipping costs.
(4) According to the current state of technology, data communication via the Internet can not be guaranteed error free and / or available at any time. Therefore, 5-56 is not responsible for the continuous and uninterrupted availability of the online offer.
(5) The customer's rights under the guarantee assume that it, as long as it is a merchant, have met its obligations of verification and rebuke.
§ 9 Limitation of Liability
(1) In addition, the liability of 5-56 is determined by the legal provisions, provided that nothing else is specified in these terms and conditions of sale and delivery. At that legal title, has a 5-56 unlimited responsibility for damages in cases of deliberate action and gross negligence. In addition, 5-56 is responsible limitless for slight negligence for damages resulting from injury to life, limb or health. In case of negligence and breach of an essential contractual obligation (cardinal obligation), 5-56 the responsibility to repair the damage foreseeable and caused typically is limited. According to the Belgian law on product liability, the liability remains unchanged from previous regulations.
(2) As far as the liability of 5-56 in these terms and conditions of sale and delivery is excluded or limited, this also applies to the personal liability for damages of 5-56 employees.
§ 10 Information on the right of withdrawal for consumers
Right of withdrawal
You have the right to withdraw from this contract without giving any reason, within fourteen days except for a custom property. The withdrawal period ends fourteen days after the day you, or a third party other than the carrier and indicated by you, physical possession of the last good.
To exercise the right of withdrawal, you must notify us 5-56 scs / Comm. V. your decision to withdraw from this contract through an unequivocal statement (eg letter sent by mail, fax or email). You can use the model withdrawal form, but it is not mandatory. In order for the withdrawal period is met, you only need to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including shipping (excluding additional costs arising from the fact that you have chosen, if necessary, a fashion delivery other than the least expensive method of delivery standard proposed by us) without undue delay and in any event not later than fourteen days from the day we are informed about your decision to withdraw from this contract. We will refund using the same payment method that you have used for the initial transaction.
We may withhold reimbursement until we have received the goods or until you have provided evidence of shipment of the property, whichever is the earliest of these facts. You will need to return or make good, to ourselves without undue delay and in any event not later than fourteen days after you have contacted us your decision to withdraw from this contract. This deadline is met if you send back the goods before the expiration of the fourteen day period. You will have to bear the direct cost of returning the goods. These costs are estimated at a maximum of about 25 EUR. Your responsibility is taken only in respect of the depreciation of property resulting from the handling other than those necessary to establish the nature, characteristics and the functioning of the property.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
Attention 5-56 scs Comm. V.
I / We (*) notifies you / Notifies (*) hereby my / our (*) withdrawal from the contract for the sale of property (*) / for the service (*) below
Ordered on (*) / received (*)
Name () consumer (s)
Address (es) consumer (s)
Signature of (of) consumer (s) (only if advised of this form on paper)
(*) Strike out inapplicable.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods specially manufactured for the consumer and are clearly tailored to personal needs.
§ 11 Copyrights to Print Designs, exemption from liability
(1) If the client sends a personal motive or otherwise influences the product (personalization of text), it ensures that the text 5-56 and pattern are free of third party rights. In this case, possible violations of copyright, personality or the right to the name borne entirely to the customer. The client also ensures that it does not violate any other third party rights by individualizing the product.
(2) The customer 5-56 exempt from any requirement and any law relied for violation of such rights of third parties. The client reimburses 5-56 all defense costs and other damages caused.
§ 12 Technical and Design Deviations
In the contract, we expressly reserve of deviations from the descriptions and information in our brochures, catalogs and other written and electronic documents regarding the nature of the fabric, color, weight, size, design or similar characteristics, provided that they are acceptable to the buyer. Modification of reasons may result from fluctuations commercial and technical production.
§ 13 Data Protection
5-56 deals with individual customer data according to established criteria and in accordance with legal provisions. The personal data provided for the control of goods (such as name, email address, mailing address, payment data) are used by 5-56 for the execution of the contract. This data is treated confidentially by 5-56 and are not shared with third parties involved in the order process, delivery and payment. The customer has the right, upon request, to receive free information on individual data on it by 5-56. In addition, it has the right to correct inaccurate data, remove and delete his personal data, provided that no legal obligation to retain such objects.
§ 14 Jurisdiction - Place of performance - choice of law
(1) The place of performance for all deliveries is the head office of 5-56 in Kortrijk.
(2) As far as the online merchant is a merchant under Belgian Commercial Code, a legal entity under public law or a fund under public law placement, Kortrijk is the place of jurisdiction. In this case, 5-56 is also authorized to take legal action against the online merchant in court of his domicile, the choice of 5-56. This also applies in case the online merchant has no general jurisdiction in Belgium, transfers his residence or usual place of residence abroad after termination of the contract or his residence or usual place of residence is unknown in the writ.
(3) According to these general conditions of sale and delivery, the contract is exclusively subject to the law of Belgium. The application of the United Nations trade law is excluded. If the online merchant is consumer within the meaning of the Belgian Civil Code and that her usual place of residence is abroad, the mandatory provisions of this state remain unchanged.
(4) If any provision of these terms of sale and delivery are ineffective or oppose the statutory regulations, it does not recover, however, the contract in question.
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