Terms and Conditions
§ 1 General Information
All services from ProfiToolsOnline to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between ProfiToolsOnline 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 ProfiToolsOnline has agreed to them in writing.
§ 2 Standard Terms
1. The “offers“ contained on the website represent a non-binding invitation for the customer to place an order with ProfiToolsOnline.
2. By filling out and sending an order form on the internet, the customer makes a binding offer for a contract of sale. ProfiToolsOnline 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 ProfiToolsOnline. The contract is only accepted when ProfiToolsOnline ships the ordered product to the customer and confirms the shipment (shipment confirmation) to the customer in a second e-mail.
3. ProfiToolsOnline 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 ProfiToolsOnline’s shipment provider. If there is an interruption of delivery, and ProfiToolsOnline 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.
§ 3 Delivery / Shipment
1. Normally, goods are shipped within
21 days after you ordered and paid your t-shirt. Delivery times and terms of delivery shall only be binding insofar as ProfiToolsOnline has expressly agreed to such in writing.
2. Worldwide delivery is not available. More information can be found at profitoolsonline.com.
3. Delivery shall be conducted for free by a shipment service provider chosen by ProfiToolsOnline
§ 4 Prices
1. 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.
2. The shipping is free.
3. Purchase price is immediately payable, without deduction.
§ 5 Payment
1. ProfiToolsOnline 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 ProfiToolsOnline 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 ProfiToolsOnline or a third party which carried out the transaction.
3. ProfiToolsOnline 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, ProfiToolsOnline 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 ProfiToolsOnline 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.
§ 6 Guarantee
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 ProfiToolsOnline 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 und/or available at any time. Thus, ProfiToolsOnline shall not be liable for the continuous and uninterrupted availability of the online offer, or claims made about ProfiToolsOnline by parties other than ProfiToolsOnline 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.
§ 7 Return Policy
1. ProfiToolsOnline will refund an order if one or more of the following occur:
a. the product is materially flawed (holes, tears, etc.),
b. you find the printing quality is not of a commercially acceptable level,
c. the design on the products you received is markedly different than the final online representation
d. the size in inches as shown in the size table differs more than 1 inch from the size of the delivered item,
e. item was refused upon delivery,
g. you chose the wrong size,
f. an incorrect address was provided by the customer.
2. In these cases (1.a, 1.b, 1.c, 1.d, 1.e, 1.f, 1.g), ProfiToolsOnline will pay for the return shipping costs as well.
3. Items will not be eligible for a refund if:
a. Return claim filed after the 45 days period of receiving your order. This includes items that have not been worn and maintain original package.
4. Due to varying monitor settings, the colors represented online may not match the actual colors printed on your garments. ProfiToolsOnline is not responsible for variations between your monitor and the actual colors.
5. Return claims must be filed with the customer service department within 45 days of receiving your order. All material must be returned in order to receive a refund. Please message us to process your return.
§ 8 Limitation of Liability
1. ProfiToolsOnline only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. ProfiToolsOnline´s liability is limited to the payment of the foreseeable, typically occurring damage.
2. As far as liability of ProfiToolsOnline 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 ProfiToolsOnline.
§ 9 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 ProfiToolsOnline 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 ProfiToolsOnline 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 ProfiToolsOnline for all defense costs and other damages resulting from any such action.
§ 10 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.
§ 11 Data Protection