DeadShirt Terms of Service

1. Terms and Conditions of Sale and Delivery

Our General Terms and Conditions (Terms and Conditions of Sale and Delivery) apply to all order channels and are acknowledged with every order. All indicated prices include the applicable legal value-added tax but exclude shipping costs. These latter expenses are calculated and listed separately.

Your order constitutes an offer to us to make and enter into a purchase contract or a purchase/service contract. We accept this offer either by sending a written confirmation of order or lacking that, by actually filling the order.

It is explicitly noted that deviations could occur between the actual shooting result and the virtual and commissioned shot (image). In case of deviations, no claims can be asserted, particularly no warranty claims.

Please note that we always sell our products in quantities customary for an individual household. If you wish to place larger orders, we will contact you separately.

Contract partner is Gernot Glasl, Hervicusgasse 19/2/22, 1120 Vienna, Austria
VAT-ID NO. ATU58794488..

About DeadShirt

2. Payments

All payments must be rendered through PAYPAL. Any other form of payment must be explicitly agreed.

 

3. Shipping costs/Return costs

You must cover all shipping costs. We reserve the right to bill you these costs based on actual expenses.

If you avail yourself of your right to withdraw from the contract, you must cover the return shipping costs if the goods are as ordered and if the price of the goods does not exceed EUR 250.00. You bear the risk associated with transport.

 

4. Delivery/Address/Bearing of risks

Unless otherwise agreed, the delivery is made to the delivery address you indicated. You must notify us immediately of any changes in the address, failing which we charge you data determination expenses of EUR 20 each time we need to determine your address.
We hereby note that all information on availability, shipping or delivery of a product constitute only prospective pieces of information and estimated values. These items of information are, in particular, not binding or guaranteed shipping or delivery deadlines unless designated explicitly as such in the shipping options for the given product. If while processing your order, we determine that the products you ordered are not available, we will send you a separate e-mail informing you of this fact. If we are unable to deliver the ordered goods through no fault of our own, we are entitled to withdraw from the contract. In this case we inform you that the ordered product is not available.

If it is impossible to make a delivery to you because you are not at the delivery address you indicated even though we gave you reasonable advance notice of the delivery time, you cover the expenses for the failed delivery.

The hand-over of all goods to you is deemed to occur with the hand-over to the post office or freight forwarder. The pertinent risk also passes to you at this time.

 

5. Retention of title

We retain title to the delivered goods until they have been paid up in full.

 

6. Right to withdraw from a contract

You have the right to withdraw from the contract within a period of seven business days from receipt of the goods or, in the case of services, from the date the contract was made and entered into. You need not indicate your reasons for withdrawal but if you do withdraw, you must return the goods in the original packaging if possible.

This right to withdraw does not apply to contracts on services begun, as agreed with the customer, within seven business days from the date on which the contract was made and entered into or to the delivery of goods made to customer specifications, which are clearly tailored to the customer’s personal needs or which are not suitable for returning because of their nature.

You take explicit notice that shirts made to order for the customer are goods deemed to be made to customer specifications or the production or processing of the shirts constitute a service.

 

7. Data protection/Customer information

You agree that we are entitled to use your personal data (i.e. personal details such as name, date of birth, address) to fill orders, to deliver goods and to render services for purchasers and vendors and to handle the payment (also for necessary checks in the case of purchases on account). We also use your details to communicate with you about orders, products, services and marketing deals as well as to update our data records and to keep and manage your customer accounts with us. We use them further to present contents such as a wish lists or customer reviews and to recommend products or services to you that you might find of interest. We also use your details to improve our business and our portal, to prevent or detect the misuse of our website or to enable others to perform technical, logistical or other services on our behalf. Your personal data is processed and stored in accordance with the DSG (Data Protection Act).

 

8. Default in payment

In the case of default in payment, we are entitled to charge EUR 15 per payment reminder as well as annual interest of 8 % on arrears. Subsequently, we are entitled to commission a debt collection agency to collect the debt and the customer agrees to bear all expenses incurred by the debt collection agency pursuant to the maximum rates for a debt collection agency in accordance with the current valid version of Federal Law Gazette 141/96. Moreover, the customer agrees to assume any legal (payment reminder/dunning) costs if we avail ourselves of the services of a lawyer in asserting our claim.

 

9. Offset/Retention

You have a right to offset your debt against counter-claims only if a court of law has allowed these counter-claims in a final legal ruling or if these counter-claims are not contested by us. Moreover, you are authorized to retain part of payment only insofar as your counter-claim is based on the same contractual relationship.

 

10. Applicable law/Legal venue

Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The court in 1010 Vienna (First District of Vienna) with jurisdiction in the matter is deemed the legal venue.