General Terms and Conditions
1. General Information
(1) The customer’s contractual partner for all orders in connection with TeamShirts online service is Spreadshirt, Inc., 1572 Roseytown Road, Greensburg, PA 15601, hereinafter “TeamShirts.”
(2) This contract governs the customer’s use of Teamshirts’ website and service, including all orders made or processed for products or services in connection with the site and service.
(3) No exceptions to these terms are effective unless TeamShirts has agreed to them in writing.
(4) By using TeamShirts‘ website and service, the customer accepts this contract including its mandatory arbitration agreement. The mandatory arbitration agreement requires that all claims between the customer and TeamShirts be brought before an arbitrator, not a court; and individually, not as a class or consolidated action. The customer can opt out of arbitration by following the instructions in the mandatory arbitration agreement section. If the customer does not agree to this entire contract including any other terms incorporated by reference, the customer must not use TeamShirts‘ website or service.
2. Contract Formation
(1) TeamShirts’ online “offers” constitute non-binding invitations for customers to place orders with TeamShirts.
(2) Customers may place selected or self-designed products in a virtual shopping cart. The contents of the shopping cart may be reviewed at any time by clicking the “Shopping Cart” button. Products may be deleted from the chopping cart by clicking the “Delete” button. To purchase products, the customer must click “go to Checkout.”
(3) By clicking “buy now” on TeamShirts’ website, the customer sends a completed order form and binding offer to TeamShirts for the sale of goods. Before finally submitting the form, the customer can use the overview page to check the accuracy of the customer’s submissions and to correct them by clicking “Back” in the browser.
(4) TeamShirts sends the customer an order confirmation to the customer’s e-mail address and checks the order against TeamShirts’ requirements. This order confirmation is not an acceptance of the customer’s offer, but only acknowledges that the order was received. TeamShirts reserves the right to reject the customer’s offers for any reason or no reason. The customer’s offer is accepted when TeamShirts ships the ordered product(s) to the customer and sends a second confirmation email (shipping confirmation).
(5) The conclusion of the contract for the sale of goods is subject to timely and correct delivery of the necessary goods to TeamShirts. In cases where there are only short-term delays in delivery, TeamShirts is not excused from delivery. TeamShirts will inform the customer of any unavailability of the service without delay. In such a case, if the customer has already provided payment at this time, TeamShirts will refund it.
3. Shipping and Delivery
(1) TeamShirts will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Current shipping costs are displayed at https://www.teamshirts.com/faq/when-do-i-need-to-pay-for-delivery-costs.
(2) TeamShirts may make partial deliveries if
- a) a partial delivery is practical given the underlying purpose of the contract;
- b) delivery of the remaining goods has been secured; and
- c) the partial delivery arrangement causes no additional material costs or efforts for the customer.
(1) The customer must pay for all orders, and may pay by means of credit card or other payment methods. TeamShirts may sub-contract third parties to process payment. TeamShirts may limit the payment method options available to a given customer based on order value, delivery destination, or other objective criteria.
(2) If the customer selects a payment method or provides payment information that makes it impossible or impractical for TeamShirts to receive payment through no fault of TeamShirts’ own (for example, the customer‘s account lacks sufficient funds, or the customer provided incorrect payment information), the customer agrees to pay TeamShirts for the actual costs associated with processing or attempting to process the impossible or impractical transaction. TeamShirts may invoice the customer for these costs.
(3) The customer is only entitled to rights of set-off or retention to the extent that the customer’s claim has been legally recognized and finally adjudicated, or is uncontested. In addition, the customer may only exercise a right of retention if the customer’s claim is based on this contract. However, this paragraph does not affect the customer’s defect and warranty claims.
(4) All prices found on TeamShirts‘ site are final, and may change from time to time. Shipping & handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes or other similar consumption taxes may apply to some orders.
(5) If the customer ships to a destination outside the United States, and
- a) if import duties, (import) VAT, customs clearance costs, or other costs and levies are due or may be incurred in accordance with the statutory provisions in the recipient country of the customer’s order, the recipient of the goods must pay these upon receipt. To the extent that TeamShirts incurs costs related to the export to or import in the recipient country (including duties, charges, taxes (e.g., VAT and sales taxes), or other fees), TeamShirts may charge the customer for these costs.
- b) if the customer’s order requires customs compliance, TeamShirts will make commercially reasonable efforts to prepare the necessary export documentation when packaging the affected items. The customer acknowledges that with respect to any such items, neither TeamShirts, nor its affiliates, nor its subcontractors are deemed to be the importer of any goods.
(6) The customer must pay the purchase price, applicable sales taxes or other similar consumption taxes, and shipping & handling charges immediately upon placing an order, without deduction.
(7) If the customer fails to pay, TeamShirts may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
5. Retention of Title
(1) All goods remain the property of TeamShirts until full payment is made and all claims to which TeamShirts is entitled against the customer now or in the future have been satisfied.
(2) The customer must handle the goods with care until title is transferred.
(3) Notwithstanding the foregoing, the risk of loss passes to the customer upon transfer of the goods to the shipping provider, and the customer has the sole responsibility to insure the goods during shipment.
6. Warranties and Disclaimers
(1) In case of a product defect, the customer may demand a replacement or refund according to § 8 (Return Policy). However, all claims for damages are limited by § 7 (Limitation of Liability).
(2) With respect to TeamShirts’ website, TeamShirts hereby disclaims any and all express or implied warranties, including warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this contract provides otherwise. TeamShirts is also not responsible for express warranties made by the manufacturer(s) of blank products or other third parties (e.g., in their advertisements). TeamShirts provides its website on an "as-is" and "as available" basis. TeamShirts does not represent or warrant that the website or its use:
- a) will be uninterrupted, timely, safe, or secure,
- b) will be free of inaccuracies, errors, or vulnerabilities,
- c) will meet the customer’s expectations or requirements, or
- d) will operate in configuration with the customer’s hardware or software.
(3) When TeamShirts grants the customer access a user account or new features, the customer agrees to diligently inspect the applicable features of the website without undue delay, insofar as this is reasonable in the ordinary course of business. If the customer finds any material defect, the customer must notify TeamShirts. If the customer fails to notify TeamShirts about a material defect, the customer is deemed to have approved the feature or website, unless the defect is one that could not be detected during a diligent inspection. If such material defect becomes apparent at a later date, the customer’s notification must be made without undue delay after its discovery; otherwise, the customer is deemed to have approved the feature or website in respect of this particular defect. With regard to approved features, the customer agrees that (i) TeamShirts has no responsibility for any damages suffered by the customer in connection with the website, and that use of the website, including all content, data or software distributed by, downloaded, or accessed from or through the website, is at the customer’s sole risk and (ii) the customer will be solely responsible for any damage to its business or computer system or for any loss of data that results from the customer’s actions and use of the website. TeamShirts does not control or endorse in any respect any information, products, or services offered by independent third parties in connection with the website and is not responsible for any possible representations and warranties these third parties may make.
7. Limitation Of Liability
(1) No provision in this Contract shall exclude or limit TeamShirts’ liability (i) in the event of willful misconduct or gross negligence, (ii) in case of an injury to life, body, and health, (iii) within the scope of a guarantee by TeamShirts, (iv) or in the event that a defect is maliciously concealed.
(2) If the section above does not apply to a given circumstance, then TeamShirts’ liability
- a) from its violation of an essential contractual obligation (an obligation whose fulfillment is a prerequisite for the proper execution of this Contract and the Individual Orders in the first place and whose compliance the customer regularly trusts and may trust) is limited to the compensation of the foreseeable, typically occurring damage to this type of contract, and
- b) shall, in any case, not exceed the total amount of money the customer has paid for goods in the 12 months preceding a claim.
In all other respects, TeamShirts’ liability is excluded, and TeamShirts is especially not liable to the customer for any lost profits or other consequential, special, indirect, punitive, or incidental damages arising out of or relating to website, this contract, or any other agreement or conduct involving the customer and TeamShirts, regardless of the cause of action (whether in contract, tort, strict product liability, or otherwise), even if advised of the possibility of such damages.
(3) The limitation of liability in this contract also applies in favor of the employees, officers, agents, and subcontractors of TeamShirts and TeamShirts’ affiliates.
(4) If the customer is a legal entity, all of the customer’s claims for damages are waived unless they are filed with the applicable tribunal within one year of accruing, unless a shorter limitations period would apply according to applicable law.
8. Return Policy
(1) TeamShirts will not grant a refund, credit the customer’s account, or replace goods unless the goods
- were misprinted;
- were damaged (other than during delivery); or
- were damaged (other than during delivery); or
- do not match the order information (e.g., the printed image is incorrect or placed incorrectly; the product is the wrong size, color, or type).
TeamShirts has the sole discretion to grant a refund (including the refund method), credit the customer’s account, or replace the goods. In order to request a refund, credit, or replacement, the customer must send a photograph and brief explanation of the problem to TeamShirts via email at email@example.com within 30 days of delivery.
(2) For clarification, TeamShirts will not grant a refund, credit the customer’s account, or replace goods solely because
- they were unsatisfactory for any reason despite matching the provided order information; or
- the shipping provider did not complete delivery, or completed delivery late.
9. Rights to Print Designs & Indemnity
(1) For purposes of this contract, "provided materials" includes all information, designs, drawings, fonts, and any other materials the customer provides to TeamShirts or approves for TeamShirts to use in connection with an order (e.g., if the customer requests that TeamShirts adapt the provided materials for the customer’s order).
(2) The customer guarantees to TeamShirts and TeamShirts’ affiliates, legal representatives, employees, and agents, that the provided material does not violate any laws (e.g., criminal laws and laws for the protection of minors) or third party rights (including copyrights, moral rights, trademark rights, and similar intellectual property rights). The customer must notify TeamShirts immediately if a third party asserts these kinds of claims with respect to the provided material.
(3) The customer agrees to indemnify and release TeamShirts, its affiliates, legal representatives, employees and agents from all liability (including costs and attorney‘s fees) for damages, harm, or claims arising from or relating to the customer’s (i) breach of this contract, (ii) use of TeamShirts’ website, (iii) provided material, or (iv) alleged or actual violation of any laws or third-party rights.
(4) The customer is solely responsible for reviewing the provided material for any violations of law or third-party rights. If TeamShirts determines or reasonably suspects that the provided material violates any laws or third-party rights, then TeamShirts is also entitled to reject or withdraw from the contract (in addition to any possible claims, objections, and appeals which are otherwise available to TeamShirts).
10. Technical and Design Deviations
The customer understands and agrees that descriptions and information provided by TeamShirts in its catalogues or on its website with respect to material, color, weight, measurements, design or other features of the goods only serve as an approximate indication, and that TeamShirts, when processing an order, is entitled to deviate from such descriptions and information as far as this can be considered reasonable for the customer. Reasonable cause for variations in the goods may result from fluctuations which are customary for the industry and TeamShirts’ technical production processes.
11. Dispute Resolution and Mandatory Arbitration Agreement
(1) The formation, construction, and performance of this contract (and all other contracts for the sale of goods which fall under this contract) must be construed in accordance with the laws of the United States and Pennsylvania without regard to their choice of law rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods of Vienna 1980 or any other comparable treaties.
(2) All claims filed or brought contrary to this Section are improperly filed, and the non-filing party is entitled to recover reasonable legal fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.
(3) Mandatory Arbitration Agreement
- a) Each party agrees that any dispute or claim arising out of or relating to this agreement or the customer‘s use of TeamShirts‘ website, service, and products must be resolved by confidential binding arbitration. This includes claims which predate the customer‘s acceptance of this contract and claims made by anyone connected with the customer or claiming through the customer, including an authorized user of the customer‘s account; the customer‘s agent, representative or heirs; the customer‘s minor children or other members of the customer‘s household; or members of the customer‘s organization, if applicable.
- b) The customer acknowledges that: (i) there is no judge or jury in arbitration; (ii) courts have limited discretion to review an arbitration award; (iii) an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages); and (iv) an arbitrator must follow the terms of this contract in the same way a court would.
- c) The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and may not be conducted in a current or future class, consolidated, or representative action, and neither party may participate in such an action against the other, including one initiated by someone else.
- d) The parties agree that this mandatory arbitration agreement pertains to a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern its interpretation, enforcement, and all proceedings between the parties and preempts any inconsistent state laws to the fullest extent permitted by law.
- e) The parties agree that the arbitrator and not any other court or agency has exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this mandatory arbitration agreement, including (i) any claim that all or any part of this mandatory arbitration agreement is void or voidable; (ii) all threshold arbitrability issues, including issues relating to whether terms of this contract are unconscionable or illusory, and (iii) any defense to arbitration, including waiver, delay, laches, or estoppel.
- f) The customer is not exempt from the mandatory arbitration agreement in this paragraph unless the customer fully completes the following opt-out procedure. The customer may opt out of this mandatory arbitration agreement by sending a written notice by U.S. Mail to TeamShirts, c/o Spreadshirt, Inc., Attn: Legal Department, 1572 Roseytown Road, Greensburg, PA 15601 postmarked no later than sixty days after the customer‘s acceptance of this contract. The customer‘s notice must include the customer‘s (i) full legal name (including the name of an entity and its authorized representative, if the customer is a legal entity), (ii) mailing address, (iii) email address associated with the customer‘s order(s) (if any), (iv) a clear statement that the customer does not want to participate in dispute resolution via arbitration, and (v) the customer‘s signature.
- g) Process
- (1) The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA‘s Supplementary Procedures for Consumer-Related Disputes. The AAA‘s rules are available at www.adr.org or by calling 1-800-778-7879. To begin a claim, complete the AAA‘s "Consumer Demand for Arbitration Form" (available at https://www.adr.org), submit this to the AAA, and mail a copy to TeamShirts, c/o Spreadshirt, Inc., Attn: Legal Department, 1572 Roseytown Road, Greensburg, PA 15601.
- (2) Payment of all filing, administration and arbitrator fees will be governed by the AAA‘s rules. However, if the customer‘s claims total less than $10,000 and the arbitrator finds the customer‘s claims were not frivolous, TeamShirts (i) will reimburse the customer for such fees actually paid and (ii) may not seek to recover its attorney‘s fees and costs as the prevailing party in the arbitration.
- (3) The customer may elect for arbitration to take place via telephone, other remote means such as video conference, or solely via written submissions.
- (4) Neither party may deviate from the mandatory arbitration agreement in this section unless (i) the claim is filed in court solely in order to enjoin infringement or other misuse of intellectual property rights; (ii) the claim is filed in small claims court, on the further condition that the entire claim (or set of claims) qualifies, is solely pending in small claims court, and is brought on an individual and not in class, consolidated, or representative action; or (iii) both parties agree in writing to waive the requirements of this mandatory arbitration agreement in whole or in part.
- (5) Any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
- (6) The arbitrator’s decision and judgment has no precedential or collateral estoppel effect.
- h) If this contract and mandatory arbitration agreement allow for or are interpreted to allow for proceedings other than in arbitration or small claims court, then the parties each (i) agree to waive a trial by jury and (ii) agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania. However, if TeamShirts files such a claim, it may elect to do so in the customer’s jurisdiction of residence.
- i) If any portion of this mandatory arbitration agreement is found to be unenforceable, that portion must be severed, leaving the remainder in effect. However, if the rule against class or representative actions is found to be unenforceable, then this entire mandatory arbitration agreement must be disregarded.
- j) This mandatory arbitration agreement survives termination of this contract.
12. Use of the Site and Service Generally
(1) TeamShirts owns all intellectual property and other rights, title and interest in and to its site and service (except for provided material). The customer’s use of the site and service does not grant the customer any right, title or interest to these properties, except as follows. TeamShirts grants the customer a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. The customer may only use the site and service according to TeamShirts’ terms, rules, and guidelines found on its site. TeamShirts may revoke this license and limit the customer’s access to the site and service in its sole discretion.
(2) The customer may not
- a) interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- b) modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;
- c) use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
- d) impersonate another person or entity;
- e) use any meta tags, search terms, keywords, or similar tags that contain TeamShirts‘ name or trademarks;
- f) engage in any activity that interferes with another user‘s ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;
- g) assist or encourage any third party in engaging in any activity prohibited by this agreement; or
- h) use the site and service to promote hate speech; obscenity; violence; libelous, defamatory, or other objectionable content; or illegal content as determined in TeamShirts‘ sole discretion.
(1) Entire Agreement. This contract (along with the customer’s orders, if any) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this contract. The parties have not relied on any representations or promises relating to the subject matter of this contract except those contained within the four corners of this contract.
(2) Relationship of Parties. This contract does not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller, or independent contractors in certain circumstances.
(3) Successors, Assignment, and Delegation. This contract inures to the benefit of and binds the successors, assigns, heirs, executors and administrators of the parties. However, the customer may not assign or delegate any right or duty under this contract without written consent from TeamShirts. Any attempt to do so is null and void. If there is an involuntary assignment, then TeamShirts may reasonably request documentation from the customer successors or estate to prove that an involuntary assignment of rights under this contract has actually taken place.
(4) Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published. The customer guarantees that the information provided in its orders or account is accurate, and the customer hereby waives all rights or objections relating to not having received notices from TeamShirts because of incorrect or incomplete information.
(5) Enforceability and Severability. If any provision of this contract is held invalid or unenforceable, the remainder will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
(6) Waivers. Waivers are only effective when in writing. If TeamShirts waives enforcement of a breach of any term of this contract, later breaches of the same or other terms are not waived. Accepting late performance of any act or late fulfillment of any condition of this contract is not a waiver of the act or condition itself.
(7) Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of items, the list is not exclusive. All headings used in this contract are for convenience only, and are not to be taken into account when interpreting the meaning of any term of this contract.
(8) Conflicts. If there are any conflicts between this contract and another between the customer and TeamShirts, then the terms of that other agreement (e.g., an invoice) will control only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this contract.
(9) Reservation. TeamShirts reserves all rights not expressly granted in this agreement.
(10) No Third-Party Beneficiaries. This contract does not and is not intended to confer any rights or remedies upon any person(s) other than the parties, except where expressly provided.
(11) Minimum Age. Persons under the age of 13 may not use the site. TeamShirts will not collect, use, or disclose any personal information associated with a person under age 13.