Terms & Conditions
1 General Information
Your contractual partner for all orders within the scope of this online offer is theteeclub.co.uk, represented by its Owner: Ryan Lee Thomas of 33 Treharne Road, Maesteg, Bridgend, UK, hereafter referred to as "The Tee Club".
All deliveries from The Tee Club to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between The Tee Club 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 The Tee Club has agreed to them in writing.
2 Responsibility for Online Offer
(1) The Tee Club is responsible for the articles and motifs offered at theteeclub.co.uk domain, and its subdomains.
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 The Tee Club.
(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. English is the only language currently available for the ordering process.
The Tee Club then 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 The Tee Club.
The contract only materialises when The Tee Club dispatches the product ordered to the Customer and confirms the dispatch to the customer with a second e-mail ("Shipping Confirmation").
(3) The conclusion of the contract shall depend on punctual and correct supply of the goods to The Tee Club. This proviso shall not apply in the event of short-term disruption to deliveries or if The Tee Club can be held responsible for non-delivery, in particular if The Tee Club 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 two 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 The Tee Club in writing.
(2) Delivery is currently available to the UK only: Details of delivery to other countries will be available at www.theteeclub.co.uk.
(3) Delivery shall be conducted by a shipment service provider chosen by The Tee Club. The customer has to pay for express shipping costs if such service is required, which may depend on order value, and where it is shipped to. Current express shipping prices can be viewed at www.theteeclub.co.uk.
(4) If in exceptional circumstances delivery is not possible within the period of two weeks after conclusion of the contract mentioned in (1) The Tee Club shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit. The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing.
5 Prices
(1) The prices as given are the gross prices and include standard delivery and the statutory incidental taxes, in particular Value Added Tax. Express postage and packing is optional and charged for separately and shown separately in the invoice if purchased. The delivery address is definitive.
(2) Purchase price, along with postage and packing charges are immediately payable, without deduction.
6 Payment
(1) Payment will be carried out according to the customer's choice of either direct debit, credit card, advance payment or other payment methods. The Tee Club reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria. Payment will be made via the PayPal checkout, as offered on The Tee Club website.
(2) In case of the method of payment chosen by the customer not being practicable, where The Tee Club 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 The Tee Club or a third party which carried out the transaction.
a) If it comes to a default of payment of the customer, The Tee Club 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 The Tee Club 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 The Tee Club the goods remain the property of The Tee Club.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
8 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 The Tee Club 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 in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(3) In the case of return shipments due to defects The Tee Club will also pay for the cost of postage.
(4) 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, The Tee Club shall not be liable for the continuous and uninterrupted availability of the online offer.
(6) The term of limitation for claims under warranty for the goods provided is six months starting from the receipt of such goods. Print work applied to garments is not covered under this warranty.
9 Limitation of Liability
(1) Apart from that, liability on the part of The Tee Club follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. The Tee Club only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) The Tee Club's liability is limited to the payment of the foreseeable, typically occurring damage.
(2) As far as liability of The Tee Club is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of The Tee Club.
10 Cancellation
(1) Notification of cancellation policy
Right of withdrawal
You are entitled to revoke your contractual statement in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons or - if the goods have been delivered to you before the end of that period - also by returning the goods. The period begins upon receipt of payment, and not on receipt of goods by the recipient. Notice of cancellation is to be sent to:
33 Treharne Road
Maesteg
Bridgend
CF34 0PS United Kingdom
or by e-mail to: cancellations@theteeclub.co.uk
Consequences of cancellation
In case of an effective cancellation, any goods or payments received by either party are to be returned and any benefits that may have been obtained (e.g. interest) are to be repaid. If you are partly or wholly unable to return the goods and benefits (e.g. from use) to us or only in a deteriorated condition, you must compensate us accordingly. You shall not be required to compensate any lost value for the deterioration of the goods and for derived benefits insofar as said use and deterioration can be attributed to the inspection of the properties and the operational capability of the goods. "Inspection of the properties and operational capability" is taken to mean the testing and trying out of the respective goods as is possible and customary in, for example, a retail store. Goods which can be shipped as parcels are to be returned at our risk. You shall be required to pay the regular costs of the return if the goods delivered do not differ from those ordered and the price of the goods to be returned does not exceed 40 GBP or, if the price of the goods is higher, if you have not yet paid for the goods or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return is free of charge for you. Goods which are not able to be shipped as parcels shall be collected from you by us. Any obligations to reimburse payments must be met within 30 days. This period begins for you when you send either your notification of cancellation or the goods, and for us on receipt.
End of notification of cancellation policy
(2) In accordance with The Consumer Protection (Distance Selling) Regulations, the right to cancel does not exist for goods produced to the customer's specifications or which are clearly tailored to the customer's personal needs. This includes garments printed with artwork of any kind, be it an image uploaded by the Customer or imagery or text available on The Tee Club website.
(3) If the contract is cancelled, The Tee Club also bears the cost of sending the goods to the consumer (original delivery costs).
11 Copyright to Print Designs, Release from Liability
(1) If the Customer provides his/her own motif or otherwise influences the product (personalisation of text), the Customer assures The Tee Club 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 The Tee Club that by personalising the product he is also not breaching any other rights held by third parties.
(2) The customer releases The Tee Club 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 The Tee Club for all defence 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, catalogues and other written and electronic documents with respect to material, colour, 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
The Tee Club 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 The Tee Club for fulfilment and handling of the contract. This data is treated confidentially by The Tee Club 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 The Tee Club has saved about them. 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. Details of how this data is handled are given in the Privacy Policy offered on The Tee Club website.
14 Place of Jurisdiction - Place of Fulfilment - Choice of Law
(1) Place of fulfilment for all services is the place of business of The Tee Club in Cardiff.
(2) As far as the customer is a company, a legal entity under public law or special fund under public law, then Cardiff is the place of general jurisdiction.
In such case, The Tee Club is also entitled to sue the customer according to the opinion of The Tee Club at their resident court. The same applies if the customer does not have their place of general jurisdiction in the United Kingdom, relocates their place of residence or habitual residence abroad after 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 English law.
(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
