Terms of service

Spirit Wear – Terms of Service

Last updated: 12.01.2025 - 3:19pm

Welcome to Spirit Wear. By accessing or purchasing through our website (“Site”), you (“Customer”, “you”) agree to the following Terms of Service (“Terms”). Please read them carefully. If you do not agree to these Terms, you may not use our Site or purchase our products.

These Terms apply to all orders placed through our online store.

1. About Us

Spirit Wear
Owner: Andrej Golubovic
Address: Woerthstrasse 44, 65343 Eltville, Hesse, Germany
Email: info@spirit-wear.shop
Website: https://www.spirit-wear.shop/

2. Scope of Application

These Terms govern the contractual relationship between Spirit Wear and customers who purchase products through our Site.
These Terms are applicable worldwide unless mandatory consumer protection laws in your country provide otherwise.

3. Products & Availability

All products shown on the Site are made to order. While we strive for accuracy, illustrations, mockups, colours, or product images may vary slightly depending on screen settings or manufacturing variations.

We reserve the right to modify or discontinue any product without prior notice.

4. Ordering Process

By placing an order, you offer to purchase a product under these Terms.
We reserve the right to refuse any order, for example if:

  • payment is unsuccessful

  • the information provided is incorrect

  • misuse or fraud is suspected

Once the order is confirmed, you will receive an email with order details.

5. Prices & Payment

All prices include applicable VAT (where required by law).
Prices displayed at checkout are final.

We accept the payment methods shown during checkout, including but not limited to:

  • credit cards

  • PayPal

  • Shopify-supported payment options

Payment is processed immediately at checkout.

6. Shipping & Delivery

We ship europewide unless otherwise stated.

Estimated delivery times are shown at checkout but may vary depending on location, carrier delays, customs, peak seasons, or other factors outside our control.

You are responsible for providing complete and accurate shipping information when placing your order. If you notice an error, please contact us without delay. We will make reasonable efforts to update the shipping information before production or shipment, but changes cannot be guaranteed once processing has begun.

If delivery fails solely because the shipping information provided by you was incorrect or incomplete, we may charge the reasonable and actually incurred additional costs of returning, correcting, or reshipping the order. We will inform you of any applicable costs before arranging a new shipment.

7. Customs, Duties & Import Taxes

For international orders outside the EU, customs fees, import taxes, or duties may apply.

These charges:

  • are not included in the product price

  • are the sole responsibility of the customer

  • may vary depending on country and regulations

We are not responsible for delays caused by customs.

8. Returns, Exchanges & Refunds

Returns made under the statutory right of withdrawal are governed exclusively by our separate Right of Withdrawal policy.

Voluntary returns, size exchanges, or returns based solely on a change of mind outside the statutory right of withdrawal are generally not accepted unless we expressly agree otherwise.

8.1 Defective, Damaged, Misprinted, or Incorrectly Fulfilled Goods

If the goods are defective, damaged, misprinted, or incorrectly fulfilled, you are entitled to the statutory remedies available under applicable law.

Where the legal requirements are met, these rights may include supplementary performance and, where applicable, withdrawal from the contract, a reduction of the purchase price, or damages. We will bear the costs that we are legally required to bear in connection with supplementary performance.

Please notify us of an issue as soon as reasonably possible so that we can investigate and resolve it efficiently. Information about our operational claim process, including the details and supporting evidence that may assist us, is provided in our separate Refund Policy.

Any notification period stated in our Refund Policy is intended to facilitate prompt processing with our fulfillment and shipping partners. It does not exclude, shorten, or otherwise restrict your statutory rights concerning defective goods.

8.2 Lost shipments

If an order does not arrive within the expected delivery period, please contact us as soon as reasonably possible.

We will investigate the shipment with the relevant fulfillment and shipping partners. The handling of shipments believed to be lost in transit is described in our Refund Policy.

This section does not restrict any statutory rights or claims that may apply in relation to delivery, non-performance, or defective performance.

8.3 Statutory right of withdrawal and customised products

Consumers generally have a statutory 14-day right of withdrawal for distance contracts. The conditions, deadlines, procedure, and consequences of exercising this right are explained in our separate Right of Withdrawal policy.

The fact that a Spirit Wear product is produced only after an order is placed does not, by itself, exclude the statutory right of withdrawal. Products offered with standard designs, standard prints, standard colours, and standard sizes remain subject to the statutory right of withdrawal unless another statutory exception applies.

The right of withdrawal does not apply to goods that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly personalised. This may include products expressly ordered with a customer-specific name, text, image, or design.

Your statutory rights in respect of defective, damaged, misprinted, or incorrectly fulfilled goods remain unaffected.

9. Accuracy of Billing & Account Information

You agree to provide complete, accurate, and current information for all purchases.
You must promptly update your information, including:

  • email address

  • shipping address

  • payment information

We are not responsible for a failed delivery only to the extent that it was caused exclusively by incorrect or incomplete information provided by you. This does not apply where the failed delivery was caused or contributed to by Spirit Wear, our fulfillment partner, the shipping carrier, or another person for whom we are legally responsible. Your mandatory statutory rights remain unaffected.

10. Intellectual Property

All designs, graphics, artwork, images, texts, logos, and other content on the Site are the exclusive property of Spirit Wear or are licensed for our use.

You may not:

  • copy

  • reproduce

  • distribute

  • sell

  • modify

  • commercially use

any content from our Site without prior written permission.

Violations will result in legal action.

11. Prohibited Uses

You may not use our Site or products for:

  • unlawful, harmful, or fraudulent purposes

  • harassment, abuse, or discrimination

  • infringement of copyright or intellectual property

  • uploading viruses or harmful code

  • data scraping, automated access, or unauthorized use

We reserve the right to block or remove any user who violates these Terms.

12. Liability

We are liable without limitation for damage caused intentionally or through gross negligence, for damage arising from injury to life, body, or health, and in all other cases in which liability cannot lawfully be excluded or limited.

In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage that is typical for this type of contract. A material contractual obligation is an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the customer may regularly rely.

Except in the cases described above, liability for damage caused by slight negligence is excluded to the extent permitted by law.

These limitations of liability also apply in favour of our legal representatives, employees, agents, and other persons or service providers whom we use to perform our contractual obligations.

The use of fulfilment, printing, shipping, payment, or other service providers does not exclude or restrict our responsibility towards the customer where we are responsible under applicable law. Customers are not required to pursue contractual or statutory claims exclusively against such third parties.

We are not responsible for delays or failures caused exclusively by circumstances beyond our reasonable control, provided that we are not legally responsible for those circumstances. Any statutory rights relating to delayed, defective, incomplete, or non-performed contractual obligations remain unaffected.

Nothing in this section limits any mandatory statutory consumer rights or liability under mandatory applicable law.

13. Force Majeure

We are not responsible for failure or delays caused by events outside our reasonable control, including:

  • natural disasters

  • strikes

  • supply chain disruptions

  • war or political instability

  • system failures

  • pandemics or transport restrictions

14. Privacy

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms.

By using our Services, you agree to the processing described in the Privacy Policy.

15. Governing Law & Jurisdiction

These Terms are governed by:

  • the laws of Germany, excluding conflict-of-law rules

  • mandatory consumer protection laws of your country of residence

If you are a consumer in the EU, you may bring legal claims:

  • in Germany, or

  • in your country of residence

The European Commission provides an Online Dispute Resolution platform (ODR):
https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=de

We do not participate in voluntary dispute settlement before a consumer arbitration board unless required by law.

16. Changes to These Terms

We may update these Terms from time to time. The latest version will always be published on our Site with the updated date.

Continued use of our Site after changes constitutes acceptance of the new Terms.

17. Contact

If you have any questions regarding these Terms, you can contact us:

Spirit Wear
Owner: Andrej Golubovic
Address: Woerthstrasse 44, 65343 Eltville, Hesse, Germany
Email: info@spirit-wear.shop
Website: https://www.spirit-wear.shop/