Sales Terms & Conditions
Conditions générales de ventes [fr]
Allgemeinen Geschäftsbedingungen [de]
Definitions
The Customer (You): person buying a T-shirt Monthly subscription.
T-shirt Monthly: T-shirt Monthly, Rte de la Glâne 16, 1700 Fribourg and, accordingly, the Seller.
T-shirt Monthly Subscription: a six months and six t-shirts subscription, including one t-shirt per month.
Issue: the t-shirt of a given month, part of the subscription.
Order confirmation: a confirmation of Your order, e-mailed by T-shirt Monthly.
Price: CHF 200.00 for a six-months subscription to be delivered to Switzerland, EUR 170.00 for a six-months subscription to be delivered to the rest of Europe, USD 200.00 for a six-months subscription to be delivered to the rest of the World.
Object of this agreement
This agreement applies to the sales made by T-shirt Monthly to the Customer via www.teeshirtmonthly.com and it cannot be modified without the written permission of T-shirt Monthly. By completing this order You accept these very terms and conditions. This agreement doesn't apply to sales contracted by a reseller or third party; this agreement is not a reseller or distribution contract either.
Order/Agreement
Orders can be made by internet, phone or regular mail. The agreement takes place only after the issuing of a written order confirmation by T-shirt Monthly. Upon reception of the above-mentioned order confirmation, it is Your responsibility to report us by writing of any mistake; without a written remark, this agreement will apply accordingly to the order confirmation issued by T-shirt Monthly.
Subscription/Duration
The subscription You contract with T-shirt Monthly starts with the current issue of the month in which the order was recorded, if stocks permit it; it is possible for the Customer to delay the sending of the first issue or to start the subscription with the next issue, for instance, but not necessarily, to better plan a gift. In all cases the subscription lasts for six months/six issues, and is not cancelable by the Customer.
Exclusivity
T-shirt Monthly guarantees the exclusivity of its issues to subscribers during a period of 12 months. Nonetheless, T-shirt Monthly has the right to offer t-shirts to artists contributing to the magazine or for promotional purposes.
Current T-shirt Monthly customers have the opportunity to buy back-order issues, if available in stocks.
T-shirt Monthly commits itself to not selling t-shirts of the collection to people or companies who have not subscribed, except t-shirts printed over 12 months before.
Price/Payment
The subscription price includes postage and handling fees. Custom clearing expenses on the customer's country are at his own charge.
Outside of Switzerland, all subscriptions shall be paid in advance, through www.paypal.com or another mean to be arranged by the Customer and T-shirt Monthly.
Within Switzerland, invoice should be paid within 10 days of its reception; failure to comply will result in the suspension of the subscription delivery, until invoice is paid. Every claim of recovery made by T-shirt Monthly will be charged CHF 5.00 extra to the Customer. After two unsuccessful such claims, T-shirt Monthly will engage in a legal action towards the recovery of the due money; expenses of this legal action as well as legal bank interest will be charged to the Customer.
Delivery/Risks
Deliveries take place once a month, to the delivery address written in the order confirmation. Risks are transferred to the carrier upon mail out, to the Customer upon delivery. Deliveries outside of Switzerland will be carried through registered mail, at no extra cost.
Quality Check
The Customer has 7 days to report any defect (manufacturing or cut/size error) of the delivered good; after that period goods will be considered as compliant and accepted. Defective goods should be reported and returned to T-shirt Monthly, and they will be replaced by T-shirt Monthly at its own costs. You are entitled to a replacement delivery only with stock availability; if a replacement shouldn't be possible, You would be entitled to a price reduction (1/6th of the total price) or to the substitution to a different issue of the collection, but in no way would You be entitled to the cancelation of this agreement. Upon delivery of a replacement t-shirt, T-shirt Monthly will own the replaced product.
Size change
If the size ordered by the Customer doesn't fit, the Customer can ask, in writing, for a size change of the subscription, as well as, stocks permitting, an exchange of the delivered t-shirt. The unfitting t-shirt shall be returned to T-shirt Monthly at the Customer's cost.
Last but not least, you can change the size of the following t-shirts of the subscription at any given time, providing the next t-shirt has not been mailed out yet.
Warranty
T-shirt Monthly guarantees that upon delivery, our products comply to our specified standards and are printed with love and care. T-shirt Monthly does not guarantee any defect it is not responsible of.
Responsibility
T-shirt Monthly accepts an unlimited responsibility for its intentional acts or failures. For unintentional acts and failures, our responsibility only extends to direct damages, according to common legal usage.
Intellectual property
T-shirt Monthly retains full intellectual property on its products. In case of the violation of a third party's intellectual property, T-shirt Monthly will compensate the victim in respect to the damage caused.
Force majeure
We are not responsible of the manufacturing or delivery delays caused by event out of or reasonable reach, and we will benefit of a deadline extension in case of: strikes, terrorists acts, wars, riots, robot uprise, natural disaster and such, affecting our suppliers, carriers or our own production. We are also not responsible of exchange rates fluctuations, political actions affecting custom expenses and taxes. Were any of these situations last for more than two months, this agreement can be canceled by the Customer or T-shirt Monthly, with a pro-rata money restitution, but without further financial indemnity.
Cancellation
T-shirt Monthly can cancel this agreement without notice if the Customer: (i) fails to pay the agreed invoice after an extended deadline for more than two weeks; or (ii) violates or is suspected of violating exportation/importation laws.
Each party can cancel the contract if the other party: (i) constantly and gravely fails to comply to its contractual obligations, and fails to correct its behaviour within 30 days of a written notification; or (ii) becomes insolvent.
Customer's Obligations
As a Customer, you are responsible of:
- your choice of the product and the use you make of it;
- phone and mail expenses you engage contacting T-shirt Monthly;
- showing adequate courtesy to T-shirt Monthly's employees;
- submitting us all the necessary information and assistance necessary to the swift processing and delivery of your subscription;
- legal declaration and conformity in the delivery country, if applicable.
Data protection
Your personal data will be treated, transferred and kept according to digital data protection laws. T-shirt Monthly commits to its best in that matter.
Litigation
The current agreement is ruled by Swiss Law. The Vienna Convention on international sales agreements doesn't apply to this contract. Both parties convene of the exclusive competency of the Court of Fribourg, Switzerland.
Miscellaneous
If a clause of this agreement is ruled out by a court, the rest of the contract still applies. T-shirt Monthly can sub-contract or transfer its obligations to a third party, but the obligations shall be guaranteed to remain the same; in such a situation, the Customer will be noticed in writing by registered mail.
T-shirt Monthly
Rte de la Glâne 16
1700 Fribourg
Switzerland
www.teeshirtmonthly.com
teeshirtmonthly@gmail.com