Terms and Conditions
The following terms and conditions apply to orders from Shirtbash in the webshop on the website www.shirtbash.de:
§1. Contract partner
Tel .: +49 (0) 2823 - 92852 41
Fax: +49 (0) 2823 - 92852 49
§2. Validity of the terms and conditions
The following terms and conditions apply to all contracts concluded in the context of the online shop via www.shirtbash.de (hereinafter referred to as the website) between lootchest GmbH (hereinafter referred to as lootchest) and the customer (hereinafter referred to as customer) (collectively: parties).
The contract is concluded exclusively under the following conditions. Any deviating terms and conditions of the customer will not become part of the contract even if lootchest does not expressly contradict them.
lootchest reserves the right to change or expand the terms and conditions with effect for the future if this appears necessary and does not disadvantage the customer. A change may be necessary in order to adapt to a changed legal situation. Newly issued court rulings are also considered to be a change in the legal situation. Innovations, changes and further developments of the offer of the website can also make a change or addition to the terms and conditions necessary. lootchest will notify the customer of the planned changes in writing or in text form no later than two months before the changes come into effect and specifically inform him of his right to object, the objection period and the significance of his possible silence. The changes are deemed to have been accepted by the customer if the customer does not object to lootchest in writing or in text form within one month of receipt of the notification of change.
§3. Definitions of terms
Consumer ": is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
"Entrepreneur": is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
“Shirtbash”: Website with the offer of a monthly surprise shirt to customers.
§4. Subject of the contract
The customer can get a Shrirtbash subscription on a regular basis. The subject of the contract is then a paid subscription to surprise shirts (hereinafter referred to as subscription or subscription).
If a subscription is taken out, lootchest undertakes to deliver a T-shirt that differs from the previous T-shirts in the motif for the duration of the contractual relationship.
The customer is obliged to remove the Shirtbash subscription T-shirts for the duration of the contractual relationship and to pay the agreed price.
The customer is aware that he does not know the design of the T-shirt at the time of the order. In this context, the customer is also aware that the goods shown on the website are only examples and that the customer is not entitled to the delivery of the goods shown as examples. lootchest points out that the look and texture of Shirtbash T-shirts can vary (i.e. that packaging, T-shirts, etc. differ slightly from customer to customer in the same month).
§5. Conclusion of the contract
The presentation of the products by lootchest does not constitute an offer to conclude a contract. By ordering the Shirtbash subscription, the customer makes a binding offer to conclude a contract. After the ordering process, the customer will immediately receive a confirmation of the receipt of the order from lootchest by means of an automatically generated e-mail in which the details of the order are summarized and the terms and conditions are included and the customer is instructed about any right of withdrawal. This e-mail is not an acceptance of the offer to conclude a contract by lootchest. Lootchest declares acceptance of the offer to conclude a contract by sending an order confirmation by email. lootchest can accept the customer's offer within three working days of receiving the customer's order. If there is no acceptance by lootchest within three working days, the customer is no longer bound by his offer.
§6. Notes on the technical steps that lead to the conclusion of a contract
The customer selects the desired subscription by clicking on the respective subscription. The customer enters the data necessary for the conclusion of the contract in the input mask that opens and selects the desired payment method; the required information is marked with an asterisk. Before submitting the order, the customer is able to correct the data entered by him and the selected payment method. The order process can be canceled at any time by closing the browser window. The customer only submits a binding offer to conclude a contract by clicking the “Buy” button. The terms and conditions and their order can be saved and / or printed out by the customer by clicking the appropriate button after the order process.
§7. Contract term
When signing up for a subscription, the specified contract period applies as described below. The contract period varies depending on which subscription the customer chooses:
7.1 Subscription ("Order")
The customer can choose to have a subscription for a period of one month ("1 month subscription" -, 1 T-shirt), three months ("3 month subscription" - 3 T-shirts, one per month) or twelve months ("12 month subscription" - 12 months) T-shirts, one per month).
The contract period begins with the conclusion of the order. The minimum contract term is one month for the “1-month subscription”, three months for the “3-month subscription” and twelve months for the “12-month subscription”. The beginning and the end of the contract term of the subscription are shown to the customer after completing the order process and after a positive check of the incoming payment by lootchest in the area "My Account" on the lootchest website.
7.1a monthly shirt ("single shirt"):
No monthly subscription, no cancellation necessary.
7.1b monthly subscription ("1 month shirt"):
The contractual relationship is automatically extended by one month each time if the contract is not terminated in the last month of the term using the “CANCEL” button, which appears in the personal customer menu.
7.1c quarterly subscription ("3 month subscription"):
The contractual relationship is automatically extended by three months each time if the contract is not terminated in the last month of the term using the "CANCEL" button, which appears in the last month of the term in the personal customer menu.
7.1d annual subscription ("12 month subscription"):
The contractual relationship is automatically extended by twelve months each time if the contract is not terminated in the last month of the term using the "CANCEL" button, which appears in the last month of the term in the personal customer menu.
The customer's cancellation is to be sent to the lootchest contact details mentioned under §1 or can be made on the lootchest website in the "My Account" area.
§8th. Right of withdrawal
If the customer is a consumer (see §3), he has a right of withdrawal:
Right of withdrawal
Right of withdrawal
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGB-GB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
The revocation must be sent to:
Fax: +49 (0) 2823 - 92852 41
Consequences of cancellation
In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must pay us compensation. You only have to pay compensation for the deterioration of the item and for benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
End of revocation
The prices at the time of the order apply, as shown on the shirtbash website and in the corresponding shopping carts. Differing prices that may be displayed on pages that are loaded from the cache are not current and invalid. Unless otherwise expressly agreed or offered in writing, Shirtbash prices are ex shipping location including the applicable statutory value added tax and other price components. The costs for postage, packaging and shipping are stated separately and before the order process is completed. In the event of typing, printing or calculation errors on the lootchest offer, lootchest is entitled to withdraw.
lootchest is entitled to make price adjustments even with current subscriptions if there are objective reasons (e.g. change in raw material prices, energy surcharges, toll costs, etc.) and if the price adjustment is reasonable for the customer. lootchest will draw the customer's attention to the price change in writing or in text form at least two months before it comes into effect and specifically inform him of his right to object, the objection period and the significance of his possible silence. The changes are deemed to have been accepted by the customer if the customer does not object to lootchest in writing or in text form within one month of receipt of the notification of change. The customer's right of termination according to § 7 remains unaffected.
§10. Return costs and shipping costs
10.1 Return costs upon revocation
In the event of a cancellation of the contract, the customer is obliged to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if the customer is at a higher price for the goods has not yet made the consideration or a contractually agreed partial payment at the time of revocation. Otherwise, the return for the customer is free of charge.
10.2 Return costs and shipping costs for returns without revocation
In the event that the customer gives an incorrect delivery address, does not accept the ordered shipment or that a third party commissioned by lootchest is unable to deliver the ordered shipment several times for reasons for which he is not responsible and the customer is in default of acceptance, lootchest is entitled to do so entitled to calculate the expenses incurred. These are, for example, DHL's regular return shipping fees (as of 07/2013 4.00 euros). The customer is free to prove that lootchest did not suffer any damage or that the damage was significantly lower. Further claims by lootchest, in particular claims for damages, remain unaffected.
If the customer exercises his right of withdrawal by refusing to accept or not picking up the delivery, there is no default in acceptance. In this case, lootchest will not charge any return costs if the price of the returned goods is over 40 euros or if the customer has not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of revocation.
10.3 Return costs in the context of exercising warranty rights
The bearing of the return costs when exercising is based on §19 of these terms and conditions.
§11. Payment / chargebacks / invoice
lootchest will offer the customer one or more payment options. In particular, these can also be payment methods in which the customer uses the services of third parties. Insofar as the customer makes use of third-party services, corresponding contracts are also concluded between the customer and the third party. In such contracts with third parties, the terms and conditions of these third parties could possibly be included. When choosing the direct debit payment method, the customer revocably authorizes lootchest to collect the invoice amount from the customer's specified account.
If products are purchased individually, the price is to be paid immediately in one installment without deduction, unless otherwise expressly agreed in writing.
With the monthly subscription (see §7 paragraph 7.1 & 7.1b) the price is to be paid in monthly installments.
With the quarterly subscription (see §7 Paragraph 7.1 & 7.1c) the price is to be paid in monthly installments.
With the annual subscription (see §7 Paragraph 7.1 & 7.1d) the price is to be paid in monthly installments.
Should lootchest arise through the fault of the customer or through insufficient funds in the account for which the customer is responsible, chargebacks and / or cancellation fees due to the later cancellation of direct debits or credit card collections, the customer shall bear the resulting costs. lootchest is entitled to demand these costs together with the original fee from the customer's account by debiting them again. If chargebacks arise through the fault of the customer (e.g. due to insufficient funds in the account), the customer is obliged to reimburse lootchest for the proven, reasonable damage incurred. The customer agrees that the invoice to be issued by lootchest will be sent to the customer by email.
§12. Due date
If products are purchased individually, the price is due immediately upon conclusion of the contract without any deductions, unless otherwise agreed in writing when the order is placed.
With the monthly subscription (see §7 Paragraph 7.1b & §11) the price for the first delivery is due on the last day of the month, for the following deliveries also on the last day of the month; in the case of a contract extension, also on the last day of the month of the month preceding the extension in which the contract is extended. When paying by direct debit or credit card, the amount is due on the date on which the order was completed.
With the quarterly subscription with monthly installments (see §7 Paragraph 7.1c & §11) the price for the first delivery is due on the last day of the month, for the following deliveries also on the last day of the month; in the case of a contract extension, also on the last day of the month of the month preceding the extension in which the contract is extended. When paying by direct debit or credit card, the amount is due on the date on which the order was completed and will be collected in the following months on the same date of the first order.
With the annual subscription with monthly installments (see §7 Paragraph 7.1d & §11) the price for the first delivery is due on the last day of the month, for the following deliveries also on the last day of the month; in the case of a contract extension, also on the last day of the month of the month preceding the extension in which the contract is extended. When paying by direct debit or credit card, the amount is due on the date on which the order was completed and will be collected in the following months on the same date of the first order.
In the event of default in payment by the customer, lootchest is entitled to charge default interest of 5 percentage points p.a. to a consumer. above the respective base rate of the European Central Bank, with an entrepreneur default interest of 8 percentage points p.a. to demand above the respective base rate of the European Central Bank, as well as dunning costs if necessary
In the event of default, lootchest is entitled to demand a processing fee. If lootchest has suffered higher damage caused by delay, lootchest is entitled to assert this. In all cases, the customer is free to prove that the damage did not occur or is significantly lower.
lootchest delivers individual orders and subscriptions from stock only to customers in Germany free of charge.
lootchest delivers individual orders and subscriptions from stock to customers from Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary, United Kingdom (GB) and Cyprus at the shipping costs shown on the website including the currently valid German VAT.
Delivery is made to the delivery address specified by the customer for the delivery areas specified in paragraphs 1 and 2. The delivery address may differ from the billing address for individual orders and subscriptions.
The order confirmation is decisive for the scope of delivery. lootchest will deliver the ordered goods to the customer within the agreed delivery period. The delivery period is extended appropriately in the event of force majeure events, such as B. unforeseeable operational, traffic and shipping disruptions, fire damage, floods, unforeseeable lack of energy, raw materials or auxiliary materials as well as other obstacles for which lootchest is not responsible (such as strikes, lockouts, official orders). The customer is entitled to legal claims.
lootchest reserves the right to provide a service that is equivalent in quality and price or not to provide the promised service if the contractually agreed service is not available. There is no obligation on the part of the customer to recognize the performance of the contract which is equivalent in quality and price. If the contractually agreed service is not available, the customer's statutory claims remain unaffected. lootchest will expressly point this out to the customer in the notification of the unavailability of the service.
§15. Offsetting and right of retention
The customer is not entitled to offset, unless the claim has been legally established or is undisputed by lootchest.
The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.
§16. Retention of title
The product remains the property of lootchest until full payment has been made.
§17. Obligations of the customer
The customer is obliged to carefully read and observe the instructions and warnings for delivered products before use.
The customer assures that all information provided by him in the context of the order, such as name, address, email address, telephone number, bank details, etc. is correct. The customer must inform lootchest immediately of any change to this data or change it on the website www.shirtbash.de under "My Account". A change in this data will only be taken into account in the following month. Changes in the current month in which the order processing is already running will not be taken into account.
The customer is obliged to keep his password secret, not to make his password accessible to third parties and not to pass it on to third parties and to carefully secure access to his customer account. In the event that the customer suspects or becomes aware that a third party has come into possession of his password or uses his access data, he will inform lootchest immediately. If lootchest has reason to believe that an unauthorized third party is in possession of the password, lootchest can block access without prior notice. lootchest will inform the customer immediately about the blocking.
The customer is solely responsible for all activities on the website using his access data. If a third party uses a customer account after he has obtained the access data because the customer has not adequately protected them from unauthorized access, the customer must be unclear about who acted under the user account in question and in the event of the risk created by him a breach of contract or other legal infringement can be claimed, have it treated as if he had acted himself. If, due to the fault of the customer, third parties use the lootchest offer by using the access data, the customer is liable to lootchest for damages if necessary. lootchest is entitled to evaluate every access to the customer's data as access by the customer himself.
The customer is not entitled to use the access data of third parties.
Unless otherwise stipulated by these terms and conditions or other agreements with the customer, lootchest will usually communicate with the customer by email. The customer ensures that he receives e-mails that are sent by lootchest to the e-mail address specified by him when registering or later otherwise communicated to lootchest. He will, among other things, by setting the spam filter accordingly and checking this address regularly. Incidentally, lootchest reserves the right to choose which form of correspondence it chooses for correspondence.
The customer's warranty rights are - subject to deviating agreements - according to the statutory provisions.
Transport damage, shortages and incorrect deliveries must be reported to lootchest as soon as possible. In order to preserve evidence, it is recommended that the customer do so in writing by post, fax or email.
A copy of the invoice and / or a copy of the delivery note must be enclosed with all returned goods, regardless of whether the goods are faulty or a wrong delivery has been made. In the event of a justified complaint, lootchest will reimburse the shipping costs. lootchest bears the expenses necessary for the purpose of supplementary performance. The customer is free to prove that lootchest incurred no or significantly lower costs for processing and shipping.
The customer is advised to briefly state the reason for the return on the back of the copy of the invoice or the delivery note that is enclosed with the return of the goods. It is also recommended to provide bank details that lootchest can use to transfer the reimbursement of shipping costs and / or the value of the goods. The customer is also advised to keep the delivery note of an insured parcel until the credit has been received by the bank details specified or stored with lootchest.
If the customer is an entrepreneur, the limitation period, in deviation from Section 438 Paragraph 1 No. 3 BGB, is one year. This does not apply if damage resulting from injury to life, limb or health or damage resulting from an intentional or grossly negligent breach of duty are to be compensated. A change in the statutory burden of proof is not associated with the above regulations.
Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by lootchest, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
In the event of a breach of essential contractual obligations, lootchest is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
The restrictions in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents lootchest if claims are asserted directly against them.
The provisions of the Product Liability Act remain unaffected.
§20. Contract language
The contract language is German.
§21. Applicable Law
German law applies to the contractual relationship between the customer and lootchest, excluding the UN sales law. If the customer is a consumer, however, this does not mean that he is deprived of the protection that would and would not be granted to him under the law of the country in which he has his habitual residence and which would be applicable without this clause may be deviated from by agreement.
§22. Jurisdiction agreement
If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction is lootchest's registered office in Kleve.
lootchest processes and uses the customer data collected when the contract is concluded and in the context of the use of the offer, which is necessary for the proper fulfillment of the contract, in accordance with the relevant data protection regulations. The provisions of the general data protection declaration of lootchest apply (available at https://www.shirtbash.de/datenschutz).
§24. Final provisions
Should one or more of these provisions be ineffective, this does not affect the effectiveness of the remaining provisions.