General Terms and Conditions of FunkyTshack.com
1 General Information
For all your orders in the context of this online offer FunkyTshack.com (“FunkyTshack”), 1600 Sky Park Drive, Medford, OR is your contracting partner. All services from FunkyTshack to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between FunkyTshack 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 FunkyTshack has agreed to them in writing.
2 Standard Terms
(1) The “offers“ contained on the website, FunkyTshack and in Partner Shops represent a non-binding invitation for the customer to place an order with FunkyTshack.
(2) By filling out and sending an order form on the internet, the customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials. FunkyTshack sends an order confirmation via e-mail to the customer. The order confirmation does not represent an acceptance of the offer, but shall only acknowledge to the customer that their order was received by FunkyTshack. The contract is only accepted when FunkyTshack ships the ordered product to the customer and confirms the shipment (shipment confirmation) to the customer in a second e-mail.
(3) FunkyTshack reserves the right to reject any received orders for any reason with notice to the customer.
(4) The contract ends with the complete delivery to the customer supplied address through FunkyTshack’s shipment provider. If there is an interruption of delivery, and FunkyTshack fails to cover a congruent substitute transaction in a business reasonable timeframe, the customer shall be informed immediately about the non-availability of the service. If the case of the customer having already paid, then the funds paid shall be refunded. All refunds will be reviewed and approved by Spreadshirt, Inc., FunkyTshack’s fulfillment partner for apparel sales.
4 Delivery / Shipment
(1) The delivery will be shipped within three weeks at the latest. Normally, goods are shipped within a few days. Delivery times and terms of delivery shall only be binding insofar as FunkyTshack has expressly agreed to such in writing. Typical, delivery times are 2-4 days, but can take up to 2-3 weeks in certain circumstances.
(2) Delivery is available to the United States and Canada. More information can be found at www.FunkyTshack.com.
(3) Delivery shall be conducted by a shipment service provider chosen by FunkyTshack. The customer has to pay standard shipping costs which may depend on order value, and where the order is shipped to. Current shipping prices can be viewed at www.FunkyTshack.com.
(1) For shipping to the United States, the stated prices are final. They include the taxes arising from the transaction, particularly sales taxes. Shipping and handling are billed separately and shown separately on the invoice. The shipping address and order amount is decisive for location determination.
(2) For customers from outside the United States, including Canada, all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales or other 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.FunkyTshack.com.
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
(1) Payment will be carried out according to the customer´s choice of either direct debit, credit card, advance payment or other payment methods. FunkyTshack 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 FunkyTshack 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 FunkyTshack or a third party which carried out the transaction.
(3) FunkyTshack 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, FunkyTshack 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 FunkyTshack 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 FunkyTshack and the order is shipped, the goods remain the property of FunkyTshack.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
(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 FunkyTshack 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 to a replacement, to cancel the order, or keep the order at a reduced price, agreed by both parties.
(3) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and / or available at any time. Thus, FunkyTshack shall not be liable for the continuous and uninterrupted availability of the online offer, or claims made about FunkyTshack by parties other than FunkyTshack employees and partners.
(4) 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) FunkyTshack only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. FunkyTshack´s liability is limited to the payment of the foreseeable, typically occurring damage.
(2) As far as liability of FunkyTshack is excluded or limited in these general terms and conditions then the same applies for personal liability related to the order for damages on the part of employees, representatives and agents of FunkyTshack.
10 Copyrights to Print Designs, Release from Liability
(1) If the customer uploads their own design or influences the product in any other way (text personalization), the customer assures FunkyTshack that text and design are free from any third-party rights. The costs for possible infringements of copyright, personal rights or naming rights are to be borne completely by the customer, in this case. The customer also assures that by individualization of the product he does not infringe upon any other third-party rights.
(2) The customer releases FunkyTshack 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 promptly reimburse FunkyTshack for all defense costs and other damages resulting from any such action.
11 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, color, 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.
12 Data Protection
FunkyTshack 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 FunkyTshack for fulfilment and handling of the contract. This data is treated confidentially by FunkyTshack 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 FunkyTshack 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.
13 Place of Jurisdiction – Place of Fulfillment – Choice of Law
(1) Place of fulfilment for production services is the place of business of Spreadshirt, Inc. in Greensburg, PA.
(2) Medford, Oregon is the place of general jurisdiction of FunkyTshack. In such case, FunkyTshack is also entitled to sue the customer according to the opinion of FunkyTshack at their resident court.
(3) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains in affect.