Terms of use
Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Reliance On Information Posted & Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by Austrian law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
Information about us
www.hardshirtz.com is a site operated by insert coin creative ventures GmbH ("We"); we are registered in Austria under registration number FN375793m. Our office address is Mühlgasse 23/3, 1040 Vienna. Our VAT number is ATU67000247.
www.hardshirtz.com is a non-profit project.
Our goal is to support young artists on their way to the top. All profits from HardShirtz sales go towards supporting young artists.
Standard Terms (HardShirtz Shop)
The “offers“ contained on the website represent a non-binding invitation for the customer to place an order with HardShirtz. By filling out and sending an order form on the internet, the customer makes a binding offer for a contract of sale. HardShirtz sends an confirmation 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 us. The contract is only accepted when Hardshirtz ships the ordered product to the customer and confirms the shipment (shipment confirmation) to the customer in a second mail. HardShirtz reserves the right to reject any received orders for any reason. In case of interruptions (delivery) the customer shall be informed immediately about the non-availability of the service. In the case of the customer having already paid, the funds paid shall be refunded.
Delivery and Shipment
The delivery will be shipped within three weeks at the latest. Normally, goods are shipped within a few days. National delivery times and terms of delivery shall only be binding insofar as HardShirtz 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. We provide worldwide delivery. For detailed shipping rates and usual delivery times see http://www.hardshirtz.com/shipping (?)
Prices
The stated prices are final for EU-customers. 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 is decisive.
Customers from outside the EU: 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. The customer has to pay shipping and handling, which may depend on order value and the delivery location. Current shipping prices can be viewed at http://www.hardshirtz.com/shipping (?). Purchase price, along with shipping and handling charges are immediately payable, without deduction.
Payment
Payment will be carried out according to the customer´s choice of either direct debit, credit card, advance payment or other payment methods. HardShirtz reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria. In case of the method of payment chosen by the customer not being practicable, where HardShirtz 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 HardShirtz or any third party which carried out the transaction. For the handling of the payment HardShirtz is entitled to make use of the services of trustworthy third parties:
1) If it comes to a default of payment of the customer, HardShirtz 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.
2) In the case of intervention of third parties in the handling of payments, then payment in relation to HardShirtz 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.
Conditional Sale
Up to the payment of any monies owed to HardShirtz and the order is shipped, the goods remain the property of insertcoin creative ventures GmbH. The customer is obliged to handle the product with care up to the transfer of ownership.
Guarantee
Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in websites, brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is taken by HardShirtz 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. 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. This does not apply to defects caused by improper handling of the goods (such as too hot washing). Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless or available at any time. Thus, HardShirtz shall not be liable for the continuous and uninterrupted availability of the online offer. 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.
Limitation of Liability
HardShirtz only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. HardShirtz’s liability is limited to the payment of the foreseeable, typically occurring damage. As far as liability of HardShirtz 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 HardShirtz.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Cancellation (for Individuals §5e KschG)
You can cancel your contract within 7 working days without giving any reasons in text form (eg letter, fax, e-mail). The time limit begins after receipt of this notice in written form, but not before receipt of the goods. In the event of cancellation by the purchaser the goods must be returned immediately. The buyer bears the shipping costs. The revocation must be sent to:
insertcoin creative ventures GmbH
Mühlgasse 23/3
1040 Vienna
Austria
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.
Data Protection
HardShirtz 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 HardShirtz only for fulfilment and handling of the contract. This data is treated confidentially by HardShirtz and is not given to any third parties who are not part of the ordering, delivery and payment procedures.
Jurisdiction and applicable law
Vienna is the place of general jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Austria.
If individual provisions of these general terms and conditions are ineffective or oppose the statutory requirements, the validity of the contract remains unaffected. The UN International Sale of Goods is excluded.
Place of fulfilment
The place of fulfilment for our services is Vienna.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.