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General Terms and Conditions

General Terms and Conditions of Sales and Delivery of 3Threadz for Customers:

1 General Information

Your contractual partner for all orders within the scope of this online offer is Patrick Web Management PWM, of Coen de Koninglaan 10, 1135CN Edam, the Netherlands (listed in the Commercial Register at the Local Court of the Netherlands under number 92499678), hereafter referred to as "3Threadz".

All deliveries from 3Threadz to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between 3Threadz 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 3Threadz has agreed to them in writing.

  • 2 Responsibility for Online Offer

(1) Two shop types are available on 3Threadz´s platform. First, some shops are designed and operated by 3Threadz itself (“3Threadz shops“), and second, there are shops that 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) 3Threadz is responsible for the articles and motifs offered in a “3Threadz shop” as well as the overall design of the shop.

(3) The Shop owner assumes sole responsibility for marketing, configuration, and arrangement of the Shop as well as the articles and designs on offer. 3Threadz does not appropriate the Shop owners’ content and ideas as long as these do not meet the regulations of this GT&C or the regulations of the Partner GT&C. In particular, this applies to breaches on the part of Shop Operators of the obligation to apply 3Threadz's General Terms and Conditions in their shops vis-à-vis the end Customer.

  • 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 3Threadz.

(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. The following languages are currently available for the ordering process: German, English, French, Spanish, Dutch, Italian, Norwegian, Swedish, Danish, Polish, and Finnish.

Then 3Threadz 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 3Threadz.

The contract only materializes when 3Threadz 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.3threadz.com.

(3) In connection with §2 (3) 3Threadz as a platform provider cannot pre-examine all print designs created by customers or shop owners for possible breaches. 3Threadz 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 the punctual and correct supply of the goods to 3Threadz. This proviso shall not apply in the event of short-term disruption to deliveries or if 3Threadz can be held responsible for non-delivery, in particular if 3Threadz fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If the 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 3Threadz in writing.

(2) Delivery is available in the Netherlands and many other countries.

(3) Delivery shall be conducted by a shipment service provider chosen by 3Threadz. The customer has to pay standard shipping costs which may depend on the order value, and where it is shipped to.

(4) If in exceptional circumstances delivery is not possible within the period of three weeks after the conclusion of the contract mentioned in (1), 3Threadz shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit (§ 126b of the German Civil Code). The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing (§ 126b of the German Civil Code).

  • 5 Prices

(1) For customers from EU countries, Switzerland, the United Kingdom, Norway, Liechtenstein, Monaco, and the Isle of Man, the indicated prices are final. They include the statutory taxes incurred, in particular value-added tax (VAT). The delivery address is decisive.

(2) For buyers outside the EU (except for buyers from Switzerland, the United Kingdom, Norway, Liechtenstein, Monaco, and the Isle of Man) and for buyers from territories in EU states with special VAT treatment (see Article 6 Directive 2006/112/EC), all prices quoted are net prices. The delivery address is decisive. If VAT is due following the statutory provisions in the recipient country, the customer must also pay this upon receipt of the goods. In addition, import duties, customs clearance costs as well as other costs and levies may be incurred, which the customer must pay additionally upon receipt of the goods.

(3) Shipping costs are to be borne by the customer, which may depend on the order value and the place to which delivery is to be made.

  • 6 Payment

(1) The customer chooses the method of payment, which may be direct debit (SEPA direct debit mandate), credit card, advance payment, PayPal, or direct transfer. 3Threadz reserves the right to restrict the number of payment methods that a customer can choose from based on factual criteria, such as the order value. In case of direct debit payment (SEPA direct debit mandate), 3Threadz will submit a pre-notification along with the order confirmation to the customer once the order has been completed (refer to § 3 par. 2). Settlement of accounts is effected utilizing direct debit entries with the bank in charge of the customer’s account in Germany, Austria, and Spain 1 day on submitting a pre-notification at the earliest, and in other countries 5 days on submitting a pre-notification at the earliest.

(2) In case the method of payment chosen by the customer not being practicable, where 3Threadz 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 3Threadz or a third party which carried out the transaction.

(3) 3Threadz 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, 3Threadz 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 concerning 3Threadz 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.

(4) The customer agrees to electronic invoicing only. Invoices will be made available in PDF format and sent to the customer via email.

  • 7 Conditional Sale

(1) Up to the payment of any monies owed to 3Threadz the goods remain the property of 3Threadz. If the customer is a merchant according to the German Commercial Code (HGB), 3Threadz remains the 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) As far as there is a defect in the goods that fall 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 the purchase price.

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

(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, 3Threadz shall not be liable for the continuous and uninterrupted availability of the online offer.

(4) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to § 377 of the German Commercial Code (HGB).

(5) 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 3Threadz follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. 3Threadz only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, 3Threadz 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), 3Threadz´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of 3Threadz according to the German Product Liability Act remains unaffected by the abovementioned provisions.

(2) As far as the liability of 3Threadz is excluded or limited in these general terms and conditions then the same applies to personal liability for damages on the part of employees, representatives, and agents of 3Threadz.

  • 10 Information about the right of withdrawal for consumer

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (Patrick Web Management PWM, Coen de Koninglaan 10. 1135CN Edam, the Netherlands, Telephone +36 (0) 28568003, info@3threadz.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (except the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 4 GBP. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

  • To 3Threadz, Coen de Koninglaan 10, 1135CN Edam, the Netherlands, WhattsApp +36 (0) 628568003, info@3threadz.com:

  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

  • Ordered on (*)/received on (*),

  • Name of consumer(s),

  • Address of consumer(s),

  • Signature of consumer(s) (only if this form is notified on paper),

  • Date

(*) Delete as appropriate.

Exceptions to the right to cancel

Revocation of this contract is not possible concerning the delivery of goods that have not been pre-fabricated, and which have been either selected individually or that have been explicitly personalized by the customer to meet his personal preferences.

  • 11 Copyrights to Print Designs, Release from Liability

(1) If the Customer provides his/her motif or otherwise influences the product (personalization of text), the Customer assures 3Threadz 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 3Threadz that by personalizing the product he is also not breaching any other rights held by third parties.

(2) The customer releases 3Threadz 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 3Threadz for all defense 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, catalogs, and other written and electronic documents concerning 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.

  • 13 Data Protection

3Threadz uses the 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 3Threadz for fulfillment and handling of the contract. This data is treated confidentially by 3Threadz 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 that 3Threadz has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their data, insofar as there is no legal obligation to retain such data.

  • 14 Dispute resolution

The European Commission provides a platform for Online Dispute Resolution (OS) which can be accessed here. We are neither required nor prepared to participate in a dispute settlement procedure before a consumer arbitration panel.

  • 15 Place of Jurisdiction – Place of Fulfillment – Choice of Law

(1) The place of fulfillment for all services is the place of business of 3Threadz in Amsterdam.

(2) As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Leipzig is the place of general jurisdiction. In such a case, 3Threadz is also entitled to sue the customer according to the opinion of 3Threadz at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after the 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 Federal Republic of Germany. 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 § 13 of the German Civil Code and is generally not resident in Germany, 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.

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