The following General Terms and Conditions (GTC) govern the sale of products by ERNIE & SHIRT, represented by Jan Zielke, Dorfstr. 31, 22926 Ahrensburg, Germany, Telephone: +49 163 70 885 72, E-Mail: support@ernie-und-shirt.de , hereinafter referred to as "Provider", via the online shop at www.ernie-und-shirt.de , www.ernieundshirt.de , www.ernieshirt.de, www.groothansdörp.de, www.kiezkrew.de as well as for orders on Etsy, by telephone, messenger or e-mail.

Section 1 Scope of Application

(1) These General Terms and Conditions apply to all contracts concluded between the provider and private customers (within the meaning of Section 13 of the German Civil Code (BGB)) via the online shop at www.ernie-und-shirt.de, www.ernieundshirt.de, www.ernieshirt.de, www.groothansdörp.de ,  as well as for orders placed on Etsy, by telephone, messenger, or email. Orders from businesses, tradespeople, freelancers, or commercial resellers are excluded.

(2) Any differing terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing.

(3) The range of products offered includes: graphic design, print-on-demand products, and textiles.

Section 2 Conclusion of Contract

(1) The contract is concluded with the provider: Jan Zielke, Dorfstr. 31, 22926 Ahrensburg, Germany.

(2) The contractual and negotiation language is German.

(3) The offers are exclusively directed at customers with a delivery address within the following countries or regions: Europe, both within and outside the EU.

(4) Furthermore, the offers are intended for private customers only.

(5) The customer must be at least 18 years old.

(6) The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. The customer submits a binding offer by completing the order process and clicking the "Buy Now" button at the end. Receipt of the order is confirmed by an automatic email, at which point the purchase contract is concluded.
Orders placed by telephone, messenger, or email are also legally binding upon confirmation by the provider. For custom-made products requested by the customer, a draft will be presented to the customer via email or messenger. If the customer approves this draft, the purchase contract is concluded.

(7) Orders exceeding typical household quantities require the express consent of the provider. This applies both to the number of products ordered within a single order and to placing multiple orders for the same product.

(8) The order data will be stored after conclusion of the contract and can be viewed upon written request.

(9) The customer agrees to receive invoices exclusively electronically.
Electronic invoices will be provided by email.

Section 3 Right of Withdrawal

(1) Instructions on the Right of Withdrawal for Private Customers

The customer has the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the last goods.
To exercise the right of withdrawal, the customer must inform the supplier, Jan Zielke, Dorfstr. 31, 22926 Ahrensburg, of their decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). The customer may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the customer to send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired. Withdrawal via the customer service telephone number provided or via the WhatsApp messenger service is not legally valid.

(2) Consequences of withdrawal

If the customer withdraws from the contract, the supplier must reimburse all payments received from the customer, including delivery costs (excluding any additional costs incurred if the customer chose a delivery method other than the cheapest standard delivery offered by the supplier), without undue delay and at the latest within fourteen days from the day on which the supplier received notification of the withdrawal. For this reimbursement, the supplier will use a bank transfer or a payment via PayPal, or, if applicable, a chargeback to the original payment method; under no circumstances will the customer be charged any fees for this reimbursement. The supplier may withhold reimbursement until the goods have been received back or the customer has provided proof of return shipment, whichever is earlier.
The customer must return or hand over the goods to the supplier without undue delay and in any event no later than fourteen days from the day on which they notify the supplier of their withdrawal from this contract. The deadline is met if the customer sends the goods before the fourteen-day period has expired.
The customer bears the costs of returning the goods.
The customer is only liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.

Sample Cancellation Form

If the customer wishes to cancel the contract, they can fill out and
return this form to:
Jan Zielke, Dorfstr. 31, 22926 Ahrensburg

I/We hereby cancel the contract concluded by me/us for:
- the purchase of the following goods/services:
- Ordered on/received on:
- Name of consumer(s):
- Address of consumer(s):
- Date:
- Signature of consumer(s) (only for notification on paper):
________________________________

Section 4 Exclusion of the Right of Cancellation

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. Goods that were delivered sealed and are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery are also excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods that, after delivery, have been inseparably mixed with other goods due to their nature. Finally, goods in sealed packaging whose seal has been removed after delivery are also excluded.

Please note that removing the sewn-in labels from the textiles also voids the right of return.

Section 5 Prices and Shipping Costs

(1) Value-added tax cannot be shown separately.

(2) The prices quoted are exclusive of shipping costs, unless expressly stated otherwise.

(3) It is possible that products in the online shop may be inadvertently priced incorrectly. In such a case, the seller will contact the customer before shipping the goods to inform them that the actual price is higher and ask whether they wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the quoted price, the seller will charge the lower amount and ship the product.
 

(4) The prices quoted at the time of ordering apply. If list prices exist, the list prices at the time of ordering apply.

Section 6 Customs

(1) For orders for delivery outside the European Union, import duties and taxes may apply, which are collected once the package reaches its destination. These additional charges must be borne by the customer; the supplier has no influence on these charges. As customs regulations vary from country to country, the customer should contact their local customs authority for further information.

(2) For orders from outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which they receive the products. The supplier points out that cross-border shipments may be subject to opening and inspection by customs authorities.

Section 7 Payment Terms

(1) Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online shop. Except for cash payments and direct bank transfers to the supplier's account, processing is handled by the external service provider Wix Payments.

(2) Prepayment: The full invoice amount must be transferred to the specified account within 7 calendar days of receipt of the order. Shipping will take place after receipt of payment.

(3) PayPal: After completing the order, the customer will be redirected to PayPal, where he can make the payment.

Shipping will take place after confirmation of payment receipt.

(4) The customer enters his Maestro card details during the ordering process.

The payment will be debited immediately; shipping will take place after successful payment.

(5) Credit card: The customer enters his credit card details during the ordering process.

The payment will be debited immediately; shipping will take place after successful payment.

(6) SEPA Direct Debit: The customer grants the supplier a SEPA basic mandate. Advance notification of the debit will be sent before the account is debited. The invoice will be sent after the amount has been collected.

(7) Invoice: The customer undertakes to pay the invoice amount within 14 days of receiving the goods without deductions.

(8) Klarna: The customer can pay via Klarna by invoice or installment purchase.

The payment terms are set by Klarna.

(9) Gift card: The customer can pay the invoice amount with a valid gift card from the supplier.

Shipping will take place after confirmation of payment.

(10) Apple Pay: The customer enters their Apple Pay details during the ordering process and confirms the payment via Apple Pay.

The payment will be debited immediately; shipping will take place after successful payment.

(11) Google Pay: During the ordering process, the customer enters their Google Pay details and confirms the payment via Google Pay.

The payment will be debited immediately; shipping will take place after successful payment.

(12) Upon dispatch of the goods, the invoice will be sent by e-mail to the specified billing address.

(13) If the customer defaults on payment or a chargeback occurs, the provider is entitled to claim damages for default (e.g. reminder fees, default interest, chargeback fees).

(14) Payment by sending cash or checks is not possible.

Section 8 Retention of Title

(1) The delivered goods remain the property of the supplier until the purchase price has been paid in full.

(2) The customer is obliged to treat the goods with care during the retention of title.

(3) The customer must notify the supplier immediately in writing if the goods are seized or otherwise subject to third-party intervention so that the supplier can file a lawsuit pursuant to Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse the supplier for the legal and extrajudicial costs of a lawsuit pursuant to Section 771 of the ZPO, the customer is liable for the
resulting loss incurred by the supplier.

Section 9 Delivery, Cancellation and Shipping

(1) Unless otherwise stated in the offer, the delivery time is expected to be 7 to 14 working days.
The supplier endeavors to adhere to the stated delivery times. Should delivery deadlines not be met, the customer will be informed immediately.

(2) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within Germany. Information on product availability can be found on the supplier's website. All information regarding availability, shipping, or delivery times is non-binding unless expressly designated as binding.

(3) If, during the processing of the order, it is discovered that the ordered products are unavailable, the customer will be informed immediately by email or WhatsApp. The customer's statutory rights remain unaffected.

(4) Delivery will be made according to the customer's chosen payment method. In the case of advance payment, delivery will take place after receipt of payment. In the case of all other payment methods, delivery will take place after conclusion of the contract.

(5) If the order is shipped in multiple packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase agreement is concluded for each shipping confirmation, covering the products listed in the respective shipping confirmation.

(6) The customer may cancel their order free of charge until production of the respective item begins. After production has begun, cancellation is only possible in accordance with the regulations on the right of withdrawal.

(7) Partial deliveries are permitted insofar as they are reasonable for the customer. Additional shipping costs will only be incurred if expressly agreed upon.

(8) If delivery of the goods fails due to the customer's fault, the supplier reserves the right to withdraw from the contract. Any payments already made will be refunded to the customer immediately.

(9) If the supplier is unable to deliver the ordered goods through no fault of its own because the supplier's own supplier fails to fulfill its contractual obligations, the supplier is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any payments already made will be refunded.

(10) Should the delivery of the ordered products be delayed or rendered impossible by force majeure or other unforeseeable, exceptional, and unavoidable circumstances – such as natural disasters, war, strikes, or governmental actions – the delivery periods shall be extended accordingly. The supplier will inform the customer immediately of the unavailability. In
such cases, the supplier is entitled to withdraw from the contract. The customer will be informed of the withdrawal immediately, and any payments already made will be refunded.

(11) The supplier is not liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed upon.

Section 10 Transport Damage

(1) Should you receive the goods with obvious transport damage, please report such damage immediately to the delivery person and contact us without delay.

(2) Failure to submit a complaint or contact us will not affect your statutory warranty rights. However, it will help us to assert our own claims against the carrier or transport insurance company.

Section 11 Warranty

(1) Warranty for private customers

If the customer is a consumer, the warranty is governed by statutory regulations.
Consumers in the EU have, in addition to their 30-day return guarantee, a statutory warranty right of two years from delivery of the goods.

(2) Used goods

For used goods, the warranty period may be shorter than two years.

Section 12 Liability

(1) If the customer is a consumer, liability is governed by the statutory provisions.

(2) The provider's liability for breaches of contractual obligations and for torts is limited to intent and gross negligence. This limitation of liability does not apply to injury to life, body, or health of the customer, to claims arising from the breach of essential contractual obligations (cardinal obligations), and to compensation for damages due to delay pursuant to Section 286 of the German Civil Code (BGB). In these cases, the provider is liable for any degree of fault.

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the provider's liability is limited to the amount of the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.

(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.

(5) The provider assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers as well as other content generated by the customers.

(6) Claims for damages are limited to foreseeable, typical contractual damages. In the event of delay, the maximum liability is 5% of the order value.

(7) Claims for damages based on injury to life, body or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after two years. The limitation period shall begin at the end of the year in which the claim arose and the creditor
obtained knowledge of the circumstances giving rise to the claim and the identity of the debtor, or should have obtained such knowledge without gross negligence (Section 199(1) of the German Civil Code).

(8) The provider is entitled to check texts created by customers and files uploaded by them for compliance with legal regulations and provisions. In case of violations, the provider reserves the right to remove this content, in whole or in part.

(9) Liability under the Product Liability Act remains unaffected.

Section 13 Data Protection

(1) The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The provider undertakes to treat customer data confidentially and not to disclose it to third parties unless the customer has expressly consented, it is necessary for processing the order, or there is a legal obligation to do so.

(2) The customer has the right to obtain information about the data stored by him at any time free of charge and to request its correction, deletion or restriction of processing.

(3) Further information on data protection can be found in the provider's privacy policy.

Section 14 Offsetting and Right of Retention

(1) The customer is only entitled to offset if his counterclaim has been legally established or is undisputed by the provider.

(2) The customer may only exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 15 Special features of digital products and services

(1) Digital products are generally made available to the customer via download or email. The customer receives the corresponding access data or download links after payment has been received.

(2) The statutory warranty rights apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e., rectification of the defect or delivery of a defect-free product.

(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The provider accepts no liability for disruptions or damages resulting from a lack of technical requirements on the customer's side.

(4) For services not provided in the form of physical products or digital content, the statutory provisions on the Service Contract Regulations (Sections 611 et seq. of the German Civil Code) shall apply.

(5) The customer undertakes to perform all necessary acts of cooperation in a timely and complete manner when using the services. If the customer fails to comply with this obligation, the provider may invoice the customer for any additional expenses incurred as a result.

Section 16 Rights of Use for Digital Content

(1) Upon purchase of a digital product, the customer receives a simple, non-transferable, perpetual right of use to the acquired content, unless otherwise agreed.

(2) The customer is not entitled to reproduce, distribute or make publicly available the digital content unless this is expressly permitted by contract.

(3) All copyrights remain with the provider or the respective rights holder.

Section 17 User Account

(1) The customer is obligated to provide complete and truthful information when registering and creating the user account. The customer must keep their login details (username and password) secure and protect them from access by third parties. The provider is not liable for damages resulting from the misuse of the login details, provided the provider is not responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may lead to the blocking or deletion of the user accounts.

(2) The customer is obliged to promptly update any changes to their personal data, in particular contact and payment details, in their user account. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.

(3) The provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these Terms and Conditions, or if the customer provided incorrect information during registration. The customer may request the deletion of their user account at any time. The provider will delete the user account and all associated data immediately, unless statutory retention obligations prevent this. After the user account has been deleted, the customer can only create a new user account by registering again.

(4) The provider strives to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance or unforeseen events (e.g., force majeure) cannot be ruled out. The provider is not liable for damages
resulting from a temporary unavailability of the user account, unless the provider is responsible for the unavailability.

(5) The provider reserves the right to modify, expand, or restrict the functions and content of the user account at any time. Changes to this clause will be communicated to the customer by email at least four weeks before they take effect. If the customer does not object to the changes within four weeks of receiving the notification, the changes will be deemed accepted. The provider will specifically inform the customer of this legal consequence in the notification.

Section 18 Amendments to the Terms and Conditions

(1) The provider reserves the right to amend these Terms and Conditions at any time with effect for the future.

(2) The changes will be communicated to the customer by email at least four weeks before they come into effect.

(3) If the customer does not object to the changes within four weeks of receiving the notification of change, the changes shall be deemed accepted. The provider will specifically inform the customer of this legal consequence in the notification of change.

§ 19 Force Majeure

(1) Events of force majeure which make delivery significantly more difficult or impossible for the supplier shall entitle the supplier to postpone delivery for the duration of the impediment or to withdraw from the contract in whole or in part with respect to the unfulfilled part.

(2) Force majeure includes all events beyond the supplier's control and whose occurrence was unforeseeable at the time of conclusion of the contract, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders, or other serious operational disruptions beyond the supplier's control.

Section 20 Assignment of Contract

(1) The supplier is entitled to assign its rights and obligations under this contractual relationship, in whole or in part, to a third party with four weeks' notice.

(2) In this case, the customer has the right to terminate the contract with immediate effect.

§ 21 Applicable Law and Jurisdiction

(1) All legal relations between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the provider.

Section 22 Online Dispute Resolution and Participation in Mediation Proceedings

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr . The provider is prepared to participate in out-of-court mediation proceedings before a consumer arbitration board.

Section 23 Final Provisions

(1) The contract language is German.

(2) The provider does not offer any products or services for purchase by minors.
Products intended for children may only be purchased by adults. Persons under 18 years of age may only use the website with the involvement of a parent or guardian.

(3) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that
most closely approximates the economic purpose pursued by the contracting parties with the invalid or unenforceable provision.

(4) Amendments or additions to these Terms and Conditions must be in writing. This also applies to any waiver of this written form requirement.

(5) The provider reserves the right to make changes to the website, rules, and terms and conditions, including these General Terms and Conditions, at any time. The terms of sale, contract terms, and General Terms and Conditions in effect at the time of your order will apply to your order, unless a change to these terms is required by law or by order of a government authority (in which case they will also apply to orders you have previously placed).

(6) There are no oral side agreements. Amendments or additions to this agreement must be in writing.