GTC

Delivery conditions for Spized Online Shop

1       General, definition of terms

1.1     The subject of the delivery conditions is the conclusion and processing of the contracts concluded with you – hereinafter: Customer –, via our online shop at www.spized.de.

1.2     The online shop is offered by Spized GmbH, represented by its managers Ro­bin Teppich, Wilhelm-Mauser-Str. 14 - 16, 50827 Cologne (Germany), Tel.: +49 221 99989099, registered in the Commercial Register of the Cologne Office under the registration number HRB 98887, VAT ID number DE325981059 – hereinafter: Spized –. –.

1.3      The provision and execution of the contracts shall be made exclusively in accordance with the following delivery conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer are not accepted unless Spized expressly agrees to their validity.

1.4     he Customer is a consumer if the purpose of the order cannot be attributed predominantly to professional or self-employed activities. In contrast, the company is any natural person or legal entity or partnership with legal capacity which, when concluding the contract, is active in the exercise of its commercial or self-employed activity.

1.5     These delivery conditions and the electronic order form can be saved and/or printed by the customer on their computer/printer.

2       Ordering process, conclusion of contract, sample dispatch

2.1     The offers in the online shop at www.spized.com/en are non-binding requests to the Customer to order from Spized.

2.2     With the 3D configurator offered in Spized's online shop, the Customer can design sports clothes such as shirts, jerseys, pants and shorts, in different colours and designs according to their own expectations and supplement them with individual logos, emblems as well as information on player names and sponsors (goods according to Customer specification).

2.3     The Customer has the option of having samples sent to him for inspection of quality and size. He shall treat the samples carefully and with care and is liable for the destruction, loss, damage and other deterioration. The Customer shall then return the samples to Spized at its own expense and risk within 14 days of receipt, unless otherwise agreed with Spized. Samples that are not returned under the aforementioned conditions can be invoiced by Spized on the basis of the sales price at the time of the sample order. The Customer is permitted to prove that less or no damage has occurred.

2.4     By clicking on the button “Place in shopping basket”, the customer selects the respective goods for the virtual shopping basket. This process is not binding and does not constitute the offer of a contract. Before submitting a binding contract offer, the content of the order including the data is summarized on an overview page. The Customer can view all the data there and correct and also cancel it via the change fields provided. By clicking the button “Order subject to payment”, the customer submits a binding offer for the purchase of the goods in the shopping basket. However, the offer can only be submitted and transmitted if these terms and conditions are accepted by clicking on the button “Accept delivery conditions” and are therefore included in the application.

2.5     After the order has been placed, the customer receives an automatic confirmation of receipt by email confirming the receipt of the order and indicating the details (receipt confirmation). The receipt confirmation can be printed out via the “Print” function; however, this only documents the receipt of the order by Spized and does not represent a contract acceptance. The contract is only concluded upon the submission of the declaration of acceptance by Spized, which is sent with a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, the text of the contract (consisting of order, delivery conditions and order confirmation) is sent to the Customer by Spized on a permanent data carrier (email or paper printout) (confirmation of contract). The text of the contract is stored in compliance with the data protection regulations.

2.6     The contract is concluded in English.

3       Delivery, availability of goods, prices, shipping costs

3.1     The delivery times specified by Spized are calculated from the time of the confirmation of the order. If there is no time specified for the respective goods in the online shop, or no deviating delivery time is given, delivery takes up to two weeks.

3.2     If no copies of the goods selected by the Customer are available at the time of the Customer's order, Spized shall inform the customer of this immediately in the receipt confirmation. A contract does not come into being in this case.

3.3     All prices in the Spized online shop are understood to include the applicable VAT.

3.4     The corresponding shipping costs shall be sent to the Customer in the order form and shall be borne by the Customer unless otherwise agreed or the Customer makes use of his right of revocation.

3.5      The goods are shipped by post. Spized bears the shipping risk if the Customer is a consumer.

4       Retention of title

         The delivered goods shall remain the property of Spized until they have been paid for in full. If the Customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch [HGB]), Spized shall retain ownership of the delivered goods until receipt of all payments from the business relationship. The Customer shall treat the goods carefully and with care until the transfer of ownership.

5       Warranty

5.1     Spized shall be liable for material defects in accordance with the applicable statutory regulations, in particular in accordance with §§ 434 et seq. German Civil Code. In relation to contractors, the warranty period for goods delivered by Spized is 12 months from the transfer of risk.

5.2     Spized shall make every effort to deliver the goods in accordance with the colours and customer specifications in pursuant to Clause 2.2. However, slight colour variations are always possible and unavoidable in textile printing. Deviations in colour, quality, material, weight or other aspects that are common and technically unavoidable are not a reason for the customer to submit a complaint.

6       Liability

6.1     Claims of the customer for compensation are excluded. This excludes claims for damage arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by Spized, its legal representatives or assistants. Significant contract obligations are those that are necessary to achieve the objective of the contract.

6.2     BIn the event of a breach of essential contractual obligations, Spized shall only be liable for the typical, foreseeable damage, if this was caused by simple negligence, unless the customer has claims for damage arising from an injury to life, body or health.

6.3     The restrictions of Clauses 6.1 and 6.2 shall also apply in favour of the legal representatives and vicarious agents of Spized if claims are asserted directly against them.

6.4     The limitations of liability resulting from Clauses 6.1 and 6.2 do not apply if Spized has fraudulently concealed the defect or has assumed a guarantee for the suitability of the item. The same applies if Spized and the customer have reached an agreement about the quality of the matter. The regulations of the product liability law remain unaffected.

7       Data protection

         Spized collects, processes and saves the data necessary for transaction processing. The data is handled confidentially in accordance with data protection laws and is not passed on to third parties. Details can be found in the data protection declaration.

8       Cancellation policy

8.1       Upon conclusion of a distance selling transaction, consumers fundamentally have a statutory right of cancellation, which Spized shall inform them of subsequently in accordance with the statutory provisions. The right of withdrawal applies to all standard products in our range. For goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g. personalised jerseys or individually designed team clothing), there is **no right of withdrawal** in accordance with § 312g para. 2 no. 1 BGB (German Civil Code). Section 8.2 contains a sample cancellation form.

8.2     Spized provides the following information about the legal notification on the sample cancellation form:

8.3     The right of cancellation for consumers pursuant to Clauses 8.1 and 8.2 does not apply to the ordering of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal requirements of the consumer. This includes the goods pursuant to customer specifications according to Clause 2.2.

9       Mandatory information pursuant to the Consumers' Dispute Settlement Act (VSBG):

We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act (VSBG).

10       Rights of third parties, indemnification from liability

10.1     The release of a use or publication of the sporting goods created with the 3D configurator is the responsibility of the customer. He undertakes to check the sports item beforehand for its correctness, completeness and legality.

10.2     The customer warrants that the sports clothing it designs does not violate any third-party rights or statutory provisions. These include, for example, the provisions of copyright, design and design patent law, name, trademark and labelling law, and also competition law (no deception, etc.). However, this also includes the provisions of the clubs and associations.

10.3     If the customer violates the provisions of this clause, it shall indemnify Spized against all claims and entitlements arising from this and shall bear all costs. This also includes the necessary costs for legal defence and prosecution.

11      Spized self-promotion, use of references

11.1   Spized may name the customer on the website or in other media as reference customers. Spized may publicly reproduce or refer to the sports article created by the customer with the 3D configurator in full or in part in digital or analog media for demonstration purposes. This includes a presentation on its own website, for example within the framework of a (design) competition with the sports articles of other customers.

11.2   Clause 11.1 does not apply if the customer demonstrates a reasonable interest to the contrary.

12      Final provisions

12.1   Contracts between Spized and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations on the limitation of the choice of law and the applicability of the regulations, in particular in the state in which the customer as user has his habitual residence, remain unaffected.

12.2   If the customer is a merchant, a legal entity under public law or a special fund under public law, the jurisdiction for all activities arising from contractual relationships between the customer and Spized is the registered office of Spized.

12.3   The contract shall remain binding even in the event of the legal invalidity of individual clauses in its remaining parts. In place of the ineffective clause, the legal provisions shall apply, if applicable. Insofar as this would create an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.

Terms of Use 3D-Configurator

1 Subject Matter 1.1 These terms govern the use of the 3D configurator offered at www.spized.com for the individual design of sportswear, as well as its manufacture and delivery. The contracting party is spized GmbH, Wilhelm-Mauser-Straße 14-16, 50827 Cologne, Tel. +40 221 999 890 99, registered in the commercial register of the Cologne District Court under HRB 98887, VAT ID DE325981059, represented by the Managing Director Robin Teppich

• hereinafter: spized -. 1.2 The 3D configurator is software that allows you to design sportswear such as shirts, jerseys, trousers, shorts, hoodies, and tracksuits in various colours and designs according to your ideas in professional quality, and to supplement them with individual logos, crests, and details regarding player names, numbers, and sponsors
• hereinafter: 3D Configurator -.

2 Eligibility, Free Registration 2.1 To use the 3D Configurator, you must be at least 16 years old. If you are a minor, the written consent of your legal representative (e.g., both parents) is required. 2.2 You can design sportswear with the 3D Configurator according to your ideas. However, registration is required to save your designs. Design and registration are free of charge; there is no legal entitlement to them. To register, you only need to provide a valid email address. By registering, you warrant that you are of legal age or submit the written consent of your legal representative as per Section 2.1 sentence 2. 2.3 At the same time, you accept these Terms of Use. Access data must be treated confidentially and protected from access by third parties.

3 Use of the 3D Configurator, Responsibility 3.1 Upon registration, you are granted the non-exclusive and non-transferable right to individually design your sportswear using the spized 3D Configurator within the framework of these Terms of Use. All further uses are prohibited; this includes, for example, duplicating, distributing, decompiling, or otherwise using or exploiting the 3D Configurator or its software or parts thereof. 3.2 When designing your sportswear, spized's specifications must be observed, e.g., their branding guidelines. If you have any questions about the guidelines, please contact info@spized.de. 3.3 You are solely responsible for ensuring that the design of your sportswear complies with legal provisions and does not violate contractual or other rights of third parties. Legal provisions include, for example, copyright, design, and trademark law (name and trademark rights), personal rights (right to one's own image, right of honour, data protection), as well as competition and media law (advertising law). Contractual or other rights of third parties include, for example, contractual obligations to cease and desist (declaration of discontinuance). 3.4 spized is not obliged to check the design of your sportswear, but will assess it for obvious illegality when you place your order in accordance with Section 5 (Design Check). spized may refuse to manufacture the sportswear if it does not comply with the requirements set out in Sections 3.2 and 3.3. All further rights and procedures are reserved by spized. 3.5 In the event of non-compliance with the provisions of this section, spized may demand indemnification from all resulting claims and demands and the assumption of reasonable costs. This also includes the necessary costs for legal defence and enforcement.

4 Use of Your Email Address for Advertising by spized 4.1 If you did not unsubscribe from the free spized newsletter during registration, spized may use your email address for direct marketing of its own identical or similar services (use of the 3D Configurator) and its own identical or similar goods (customised sportswear). This includes tips for designing with the 3D Configurator or information about current and new sportswear from spized. 4.2 The fact that you did not actively click to receive the free spized newsletter during registration does not prevent the use of your email address for the purposes listed in Section 4.1. Please note that the provision of the 3D Configurator involves high costs, e.g., regarding programming, server performance, and personnel. The free 3D Configurator primarily serves to facilitate the purchase of sportswear from spized. The costs of providing the 3D Configurator (service) are included in the sales price of the sportswear (goods). spized has therefore received your email address in connection with the sale of a product or service. 4.3 You may object to the use of your email address at any time without incurring any costs. Unsubscribing from the spized newsletter is possible, for example, via the unsubscribe link at the end of each individual email or by emailing info@spized.de.

5 Ordering, Acknowledgement of Receipt and Order Confirmation, No Right of Withdrawal 5.1 You can order the sportswear you have designed with the 3D Configurator from spized. Upon ordering, you will receive an automatic acknowledgement of receipt via email, which confirms the receipt of your order and lists its details. The acknowledgement of receipt can be printed, but it merely documents the receipt of your order by spized. 5.2 The contract is only concluded upon acceptance of your order by spized, which is sent via a separate order confirmation email. In this order confirmation or in a separate email, but at the latest upon delivery of the sportswear, the contract text, consisting of the order, order confirmation, and Terms of Use, will be sent on a durable medium (email or paper printout). spized will store the contract text in compliance with data protection regulations. 5.3 The sportswear is custom-made following order confirmation by spized, as individually designed by you using the 3D Configurator. For such contracts for the delivery of non-prefabricated goods (according to customer specifications, individually configured), there is no right of withdrawal pursuant to § 312g (2) No. 1 BGB. This also applies to consumers. 5.4 The contract shall be concluded in the English language.

6 Retention of Title The delivered goods remain the property of spized until full payment has been received. If you are a merchant within the meaning of the German Commercial Code (HGB), spized retains ownership of the delivered goods until receipt of all payments from the business relationship. You are obliged to treat the goods with care until ownership has passed.

7 Liability 7.1 Claims for damages are excluded. This does not apply to claims for damages resulting from injury to life, limb, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages based on an intentional or grossly negligent breach of duty by spized, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. 7.2 In the event of a breach of essential contractual obligations, spized shall only be liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages resulting from injury to life, limb, or health. 7.3 The limitations of Sections 7.1 and 7.2 also apply in favour of the legal representatives and vicarious agents of spized if claims are asserted directly against them. 7.4 The liability limitations resulting from Sections 7.1 and 7.2 do not apply if spized has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if spized and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected. 7.5 spized is not responsible for the functionality of data networks, servers, and data lines to its data centre and the constant availability of the 3D Configurator. You acknowledge that 100% availability is technically not feasible. spized, however, endeavours to provide the 3D Configurator as constantly and completely as possible. In particular, maintenance or security work as well as events beyond the control of spized may lead to disruptions or temporary suspension of the 3D Configurator, such as disruptions in public communication networks or power failures.

8 Data Protection The collection, processing, and use of personal data are required for spized's services. The data will be treated confidentially in accordance with data protection regulations and will not be passed on to third parties. Details can be found in the privacy policy. Upon request, spized will provide information on the nature and scope of data usage.

9 Final Provisions 9.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). 9.2 If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships shall be the registered office of spized. 9.3 These Terms of Use remain binding in their remaining parts even if individual clauses are legally invalid. In place of the invalid clauses, the statutory provisions, if any, shall apply. Insofar as this would represent unreasonable hardship, the contract as a whole shall become invalid. 9.4 The Terms of Use, like the electronic order form, can be saved on your computer and printed.