The following conditions apply to the sale of promotional items as well as the provision of services by Monstershirts24.
Terms and conditions of the client will not be binding, even if the seller should not expressly object to them once again.
§ 1. Delivery items
If no other information is given, the delivery items have to match the specifications respectively offers of Monstershirts24 that are in effect at the time of placing the order. Deviations, which do not affect the performance or usability of the delivery items, do not lead to invalidity of the contract and do not constitute a basis for asserting claims against Monstershirts24. The descriptions, diagrams and illustrations included in catalogs, price lists and other publicity materials of Monstershirts24, are intended to give only a general idea of the described goods. None of these descriptions, diagrams and illustrations constitutes a declaration by Monstershirts24 or a part of a contract and does not justify any liability of Monstershirts24.
§ 2. Delivery
a) Delivery takes place against charging of appropriate shipping costs. The client is only entitled to rescind the contract in case of non-compliance of the delivery time, if he has set Monstershirt24 an extension of time in writing after the deadline expired. The client can only demand compensation if the delivery delay was on purpose or caused due gross negligence by Monstershirts24, its legal representatives or vicarious agents.
b) If nothing else has been agreed, Monstershirts24 is entitled to make partial deliveries. The delay or non-execution of a part delivery entitles the client to refuse the acceptance of a part delivery only if he has no interest in a partial fulfillment of the contract.
c) If the delivery plan gets changed by request of his client, Monstershirts24 is entitled to charge the costs caused by it or make a price adjustment.
§ 3. Passage and reservation of title
Monstershirts24 reserves the ownership of the delivered wares until full payment of the total purchase price. The client has to keep the delivery items in the state in which they were delivered and to vouch for any change, damage and any loss until the ownership is transferred to him. Dispositions of the client are invalid until the transfer of ownership to the client. In case of seizure or other impairments by third parties, the client is obliged to refer to the property of Monstershirts24 and inform Monstershirts24 immediately.
All costs, related to the defense and repeal of procedures by third parties against the property, are borne by the client. If the reserved goods are sold by the client, he now assigns all claims, which accrue to him from the resale against the purchaser or third party, to Monstershirts24
§ 4. Contents
All text, image and sound materials made available by Monstershirts24 are copyrighted. The reproduction, even in excerpts, translation as well as other use, is only permitted after an approval in writing by Monstershirts24.
Monstershirts24 cannot guarantee the correctness and completeness of these contents. Monstershirts24 is especially not responsible for contents not located on our own pages and cannot warrant for these contents.
Contents of forums and chats only reflect the opinion the respective author. The author of a post in a forum or chat transmits the spatial and temporal unlimited right of use of his post respectively posts automatically to Monstershirts24.
The client is responsible for every delivered and produced content (forum posts, commercial advertisements, banners, homepages, E-Mails, etc.) by him.
A general monitoring or review does not take place. The client cannot demand a subsequent deletion of content from Monstershirts24.
The client guarantees, that the contents of its posts do not violate the German law, statutory or regulatory prohibitions as well as the good morals. Monstershirts24 is entitled to delete such contents as well as not theme related, offensive, and discriminatory or in any other way legally objectionable contents. The client indemnifies Monstershirt24 of any third party claims which resulted from posts produces using his access code.
§ 5. Payment
The prices include VAT. Monstershirt24 is entitled to charge appropriate payments as part of the costs incurred services.
The client may set off against claims of Monstershirts24 only with undisputed or legally determined counterclaims.
The payment is due for the client within 5 days after the date of invoice, unless otherwise agreed. Once the functional units are shipped, the pro rata payments for partial deliveries are due. If the client has not complied with its obligation to pay by the due date, Monstershirts24 has the right to charge default interest in the amount of the banks usual rate, unless the client proves minor damage. Without prejudice to other claims or rights Monstershirts24 is entitled to withdraw from the contract and demand the compensation for the resulting damage from the client, if the client does not comply with its obligation to pay on time or violates essential contractual obligation, discontinues his business activities or a bankruptcy or insolvency proceeding about the assets of the client at the request of a third party will be opened. If Monstershirts24 must have justifiable doubts as to the solvency of the client and therefore the continuation of the production or delivery of the goods under the said payment terms appears to be unjustified, Monstershirts24 may demand full or partial payment in advance.
§ 6. Guarantee
Unless otherwise agreed, all wares contractual delivered and made by Monstershirts24 are guaranteed for a period of 6 months, beginning from the date to the client. The client has to inform Monstershirts24 immediately after discovery of a defect.
At the time of transfer the guarantee applies to existing material and manufacturing defects that cancel out or reduce the value or suitability for ordinary or contractually intended use. The client must prove that the defect of the delivered wares adheres to Monstershirts24. Monstershirts24 guarantees exclusively by – after his choice – repair or replacement.
If the repair or replacement delivery fails, the client can demand reduction in payment or cancellation of the contract. Delivery items or parts that have been repaired or replaced free of charge by Monstershirts24, are only covered from the above guarantee during the remaining period of time.
§ 7. Limitation of liability
Claims for damages, arising from a possible defective delivery or improper execution of any service of Monstershirts24, like services related to handling of guarantee or warranty repairs, are expressly excluded.
Especially any liability for loss of profit of the contractor.
§ 8. Liability
Any liability for damages by Monstershirts24 is excluded, unless it is based on
- Delay by Monstershirts24 or an impossibility of service represented by him
- A purposely or grossly negligent breach of contract by Monstershirts24, its legal representatives or vicarious agents
- The lack of a guaranteed property
§ 9. Technical information and trade secrets
The client is obliged to not to reproduce data as well as other written information about Monstershirts24 in whole or in part and not to divulge to third parties or use for their advantage, as long as they are not generally known and are not known as the result of a breach of this provision or any other improper action.
§ 10. Cession of the claims of the client
The client may only assign its claims under the purchase contract with Monstershirts24, if Monstershirts24 has previously agreed in writing.
§ 11. Side-agreement and ineffectiveness
Any side-agreements require the written form and signing by both contractual partners.
§ 12. Applicable law, place of jurisdiction
The contractual relationship of the parties is subjected to German law.
Place of fulfillment is Beckum. Place of jurisdiction is Beckum.
Agreement with subcontractors / freelancers.
Work (intellectual property) done by subcontractors and freelancers appointed by Monstershirts24 are, unless listed separately in writing, basically property of Monstershirts24.
§ 13. Right of revocation for consumers
The following right of revocation only applies to consumers, so natural persons who do not order the wares for the purpose of the exercise of a commercial or self-employed professional activity.
The following right of revocation does not apply in following cases:
- where wares are produced according to customer specification or clearly tailored to personal needs or which are not suitable for a return due to the nature, as well as specially ordered wares
§ 14. Revocation
You can revoke your contract within two weeks in text form (e.g. letter, fax, e-mail) without giving reasons or – if the goods are delivered to you before the deadline - by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the wares by the recipient (in case of recurring deliveries of similar wares not before receipt of the first partial delivery) and not before fulfilling our information obligations according to § 312c paragraph 2 BGB in conjunction with § 1 paragraph 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. The return is valid only for online and mail order houses. To comply with the time limit, it is sufficient that the revocation or return of the goods be sent in good time. The revocation is to be addressed to:
In-house of SW-Comnizept
§ 15. Consequences of revocation
In the case of an effective revocation, the mutually received benefits must be returned and any derived profits (e.g. interest) must also be returned. If you are not able to return to us the service received, in whole or in part, or only in a deteriorated condition, you must provide us with compensation of equal value. This does not apply, when the deterioration of the goods occurred exclusively when examining them - as may have been possible in a retail shop. You can also avoid the obligation to pay compensation if the goods have been damaged through conventional usage, provided that you do not use the goods as if they were your property and refrain from doing anything which could reduce their value. Transportable goods may be returned at our risk. Non-transportable goods will be collected from you. You must bear the shipping costs when the delivered goods correspond to those that have been ordered and when the price of the returned goods does not exceed 40€ or when in the case of a higher price you have not yet, at the time of the revocation, provided the compensation or have not paid a contractually conditioned partial payment. Otherwise the return shipment is exempt from charges. The obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your revocation or the goods, and for us upon the receipt thereof.
Beckum, November 2013