§ 1 Scope and provider
(1) The following “General Terms and Conditions” (GTC) apply in the version valid on the day of the order for all purchase contracts between the online store of UpNDownSports and its customers. By placing his order, the customer agrees to these GTC and is bound by them.
(2) Should individual provisions of these GTC be invalid in whole or in part due to mandatory statutory provisions (in particular the provisions of the KSchG), the remaining provisions of these GTC shall remain in effect unchanged.
(3) Your contractual partner for all orders within the scope of this online offer is sprd.net AG, Giesserstrasse 27, 04229 Leipzig (Commercial Register AG Leipzig, HRB 22478), hereinafter referred to as “Spreadshirt”.
The GTC’s of Spreadshirt see under:
https://www.spreadshirt.at/agb-kunden-C2377
§ 2 Conclusion of contract
All offers of the online store of UpNDownSports (order lists, web store…) are subject to change and are to be understood as an invitation to the customer to make an offer himself. The contract is concluded by acceptance of the order by the online store, either by sending an order confirmation electronically or by post or directly by sending the ordered goods.
§ 3 Right of withdrawal
(1) Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from the purchase 14 days after taking delivery of the goods without giving reasons. It is sufficient if the declaration of withdrawal is sent within the period without giving reasons.
(2) In the event of withdrawal, the purchase price shall only be refunded concurrently with the return of the goods received from the customer. The condition for this is that the goods are in an unused condition and can be resold as new. The costs of the return shipment shall be borne by the customer.
§ 4 Prices
(1) In principle, the purchase price for the ordered goods shall be deemed to be agreed upon, which results from the online store.
(2) Unless otherwise stated, all prices are gross prices including the statutory value added tax, excluding all expenses incurred in connection with the shipment.
§ 5 Terms of delivery
Delivery times and shipping costs and methods can be found at
or directly in the online store depending on delivery country and value of goods.
§ 6 Terms of payment
The available payment methods and payment terms depend on the country from which the order is placed and the amount of the invoice and can be viewed at the following link or in the online store:
§ 7 Exchange and return
Every item you order in the UpNDownSports online store will be printed for you (“Print-on-Demand”).
Exchange your item within 30 days of the order date, regardless of whether the item does not fit you, you do not like it, or it does not meet your expectations for any other reason. As a print-on-demand provider, we offer the following return options:
- Exchange for new merchandise
- Exchange for a voucher for your next order
A refund of the purchase price is possible if you did not personalize the product you ordered.
More about exchanges and returns at:
§ 8 Warranty
The warranty is in accordance with the statutory provisions for a period of 24 months from receipt of the goods. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibitory action). The compensation of (defect) consequential damages, as well as other property damages, financial losses and damages of third parties against the customer, unless it is a consumer transaction, is excluded.
§ 9 Compensation
- The owner of the online store UpNDownSports is only liable for damages in case of intent or gross negligence, with the exception of damages to persons. The existence of gross negligence has to be proven by the injured party, unless it is a consumer transaction.
- The compensation of consequential damages and pure financial losses is excluded against entrepreneurs.
§ 10 Data protection
The customer acknowledges that the use of the data about the customer specified in the contract will be stored and processed for the purposes of accounting and customer records. The data will be used to comply with legal requirements and to process payment transactions. Customer data will not be disclosed to third parties, unless this is absolutely necessary for the execution of the contract.
The customer hereby agrees that the data, as well as further information provided by the user himself in the course of the contract processing concerning his person, may be stored on data carriers as well as in a customer database for the purpose of providing the contractual services and may be processed with the aid of automated systems.
siehe dazu die privacy policy
§ 11 Final Provisions, Place of Jurisdiction and Applicable Law
- Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
- This contract shall be governed by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the contractual partner is a consumer, the mandatory provisions of the law of the state in which he has his habitual residence shall also apply to this contract. The place of performance of the contract is the registered office of the online store of UpNDownSports.
- The court with subject-matter jurisdiction at the registered office of the online store shall have exclusive jurisdiction for disputes. If the customer is a consumer within the meaning of the KSchG, the jurisdiction of the court in whose district the customer’s domicile, habitual residence or place of employment is located shall be deemed to be established.
Spreadshirt: https://www.spreadshirt.at/agb-kunden-C2377