General Terms and Conditions of DA LEO’S CUSTOM SHIRTS
1 General Information
For all your orders in the context of this online offer DA LEO’S, 5450 Thornwood Drive Suite E, San Jose, CA 95123 is your contracting partner. All services from DA LEO’S to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between DA LEO’S 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 DA LEO’S has agreed to them in writing.
2 Responsibility for Online Offer
(1) All Designs are designed and operated by DA LEO’S.
(2) DA LEO’S is responsible for the articles and designs offered in DA LEO’S Shop.
3 Standard Terms
(1) The “offers“ contained on the website, represent a non-binding invitation for the customer to place an order with DA LEO’S.
(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. DA LEO’S 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 DA LEO’S. The contract is only accepted when DA LEO’S ships the ordered product to the customer and confirms the shipment (shipment confirmation) to the customer in a second e-mail.
(3) DA LEO’S 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 DA LEO’S shipment provider. If there is an interruption of delivery, and DA LEO’S 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.
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 DA LEO’S 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, Canada and Europe.
(3) Delivery shall be conducted by a shipment service provider chosen by DA LEO’S. The customer has to pay standard shipping costs which may depend on order value, and where the order is shipped to.
(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.
(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. DA LEO’S 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 DA LEO’S 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 DA LEO’S or a third party which carried out the transaction.
(3) DA LEO’S 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, DA LEO’S 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 DA LEO’S 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 DA LEO’S and the order is shipped, the goods remain the property of DA LEO’S.
(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 DA LEO’S 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, DA LEO’S shall not be liable for the continuous and uninterrupted availability of the online offer, or claims made about DA LEO’S by parties other than DA LEO’S employees.
(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) DA LEO’S only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. DA LEO’S liability is limited to the payment of the foreseeable, typically occurring damage.
(2) As far as liability of DA LEO’S 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.
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 DA LEO’S 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 DA LEO’S 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 DA LEO’S 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
DA LEO’S 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 DA LEO’S for fulfillment and handling of the contract. This data is treated confidentially by DA LEO’S 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 DA LEO’S 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 fulfillment for all services is the place of business of DA LEO’S in SAN JOSE, CA.
(2) SAN JOSE, CA is the place of general jurisdiction. In such case, DA LEO’S is also entitled to sue the customer according to the opinion of DA LEO’S 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.