Terms and Conditions of Use, Sales and Delivery of Freshthsirts.co.uk for Customers

¬ 1 General Information

Your contractual partner for all orders within the scope of this online offer is freshtshirts.co.uk, hereafter referred to as "Fresh".

All deliveries from Fresh to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Fresh and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Fresh has agreed to them in writing.

¬ 2 Responsibility for Online Offer

(1) Two shop types are available on Fresh´s platform. First, there are shops which are designed and operated by Fresh itself (“Fresh shops“), and second, there are shops which are designed and operated by independent shop owners (“partner shops”). Information on the respective owner of a shop can be viewed via the link “legal information“, in the respective shop.

(2) Fresh is responsible for the articles and motifs offered in a “Fresh Online shop” as well as the overall design of the shop. 

¬ 3 Conclusion of the Contract

(1) The "offers" contained on the website represent a non-binding invitation for the customer to place an order with Fresh.

(2) (2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page.

Then Fresh sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility, in particular any possible infringement upon trademark rights of third parties. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Fresh.

The contract only materialises when Fresh dispatches the product ordered to the Customer and confirms the dispatch to the customer with a second e-mail (“Shipping Confirmation”). The details of the order can also be viewed online in the user profile under "Orders" on   www.Freshtshirts.co.uk .

(3) In connection with ¬2 (3) Fresh as platform provider cannot pre-examine all print designs created by customers or shop owners for possible breaches. Fresh reserves the right to reject received orders within the legal period of acceptance if, during the ordering process, it becomes known or it is suspected that third-party rights or statutory regulations will be violated by a print design.

(4) The conclusion of the contract shall depend on punctual and correct supply of the goods to Fresh. This proviso shall not apply in the event of short-term disruption to deliveries or if Fresh can be held responsible for non-delivery, in particular if Fresh fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.

¬ 4 Delivery / Shipment

(1) In principle, delivery is made within three weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by Fresh in writing.

(2) Delivery to European countries.

(3) Delivery shall be conducted by a shipment service provider chosen by Fresh. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to. Current shipping prices can be viewed at www.Freshthsirts.co.uk .

(4) If in exceptional circumstances delivery is not possible within the period of three weeks after conclusion of the contract mentioned in (1), Fresh shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit. The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing to Fresh.

¬ 5 Prices

(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.

(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.

(3) The customer has to pay shipping and handling, which may depend on order value and the delivery location. Current shipping prices can be viewed at   www.Freshtshirts.co.uk .

(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.

¬ 6 Payment

(1) Payment will be carried out according to the customer's choice of direct debit card, credit card, advance payment or other payment methods. Fresh reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.

(2) In case of the method of payment chosen by the customer not being practicable, where Fresh has met its contractual obligations, in particular if it is the case that a direct debit from the customer's account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Fresh or a third party which carried out the transaction.

(3) Fresh is entitled to make use of the services of trustworthy third parties for the handling of the payment:

a) If it comes to a default of payment of the customer, Fresh is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.

b) In the case of intervention of third parties in the handling of payments, then payment in relation to Fresh only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.

¬ 7 Conditional Sale

(1) Up to the payment of any monies owed to Fresh the goods remain the property of Fresh. Fresh remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.

(2) The customer is obliged to handle the product with care up to the transfer of ownership.

¬ 8 Guarantee

(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Fresh for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.

(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.

(3) In the case of return shipments due to defects Fresh will also pay for the cost of postage.

(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, Fresh shall not be liable for the continuous and uninterrupted availability of the online offer.

(5) The claims of the customer from warranty need as a prerequisite that they, have met their due obligations of examination and censure according to UK law.

(6) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.

¬ 9 Limitation of Liability

(1) Apart from that, liability on the part of Fresh follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Fresh only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, Fresh also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) Fresh´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of Fresh according to UK Law remains unaffected by the abovementioned provisions.

(2) As far as liability of Fresh is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Fresh.

¬ 10 Right of cancellation

(1)   Right of cancellation  

. If you are a consumer within the meaning of the UK Law for electronic commerce, you may withdraw your contractual statement within two weeks in writing (e.g. by letter, fax or e-mail) without stating a reason, or – if the goods have already been delivered to you before the expiry of this time limit – by returning the goods. The time limit begins after receipt of this instruction in writing, but not before the goods are delivered to the recipient (in the case of recurring deliveries of similar types of goods, not before the first part delivery is received) and also not before we have fulfilled our obligations to provide information as per UK for electronic commerce. In order to meet the time limit for the cancellation it is sufficient to send off the notice of cancellation or the goods in good time.

The notice of cancellation or return of the goods should be addressed to:

or by e-mail to:   info@Freshtshirts.co.uk .

This right of cancellation does not exist in the case of contracts for the delivery of goods that Fresh has manufactured on the basis of the Customer's specifications or which are clearly tailored to the personal needs of the Customer. In particular this applies to products that are printed with motifs (texts or images) at the request of the Customer. The Customer knows that by ordering such products he/she is giving precise instructions for the goods to be manufactured.

(2)   Consequences of cancellation  

. In the event of an effective cancellation, each party shall return to the respective other party the benefits received and issue any benefits involved (e.g. interest). If you are unable to return the benefit you have received in full or in part or can only return it in an impaired condition, you may have to pay us compensation for its value in this respect. This does not apply to the relinquishment of items if the impairment of the item can only be ascribed to your inspection of it – for example, as might have been possible for you in a retail outlet. For the rest, you can avoid the obligation to pay compensation for the value of an impairment that has arisen as a result of beginning to utilise the item for its intended use by not making use of the item as your property and refraining from doing anything that would have an impact on its value. You must return items which can be sent by parcel post at your own risk. You must cover the cost of the return if the goods as supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed 40 euros or, if the price of the item is higher, if at the time of cancellation you have not yet paid for it in full or made a contractually agreed part payment. In any other case the return of the goods is free of charge to you. Items which cannot be sent by parcel post will be collected from you. Obligations to make payments must be fulfilled within 30 days. The time limit begins for you at the point at which you send off your notice of cancellation or the item; for us it begins at the point at which we receive it.

If the whole contract is cancelled, Fresh will also bear the costs of dispatching the goods to the consumer (costs of sending).

¬ 11 Copyrights to Print Designs, Release from Liability

(1) If the Customer provides his/her own motif or otherwise influences the product (personalisation of text), the Customer assures Fresh that the text and motif are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the Customer. The Customer also assures Fresh that by personalising the product he is also not breaching any other rights held by third parties.

(2) The customer releases Fresh from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall reimburse Fresh for all defence costs and other damages resulting from any such action.

¬ 12 Technical and Design Deviations

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to material, colour, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

¬ 13 Data Protection

Fresh uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Fresh for fulfilment and handling of the contract. This data is treated confidentially by Fresh and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Fresh has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

¬ 14 Place of Jurisdiction – Place of Fulfilment – Choice of Law

(1) Place of fulfilment for all services is the place of business of Fresh in Birmingham.

(2) As far as the customer is a merchant according to the Commercial Code of the UK, a legal entity under public law or special fund under public law, then Birmingham is the place of general jurisdiction. In such case, Fresh is also entitled to sue the customer according to the opinion of Fresh at their resident court. The same applies if the customer does not have their place of general jurisdiction in Birmingham, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.

(3) According to these general terms and conditions the agreement is exclusively subject to the law of the UK. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to UK Law and is generally not resident in the UK, the mandatory regulations of this country remain unaffected.

(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.