Terms of service

1. Scope of Application

1.1 These Terms of Service (“Terms”) constitute the legally binding general terms and conditions (Allgemeine Geschäftsbedingungen) of House Of Tailor, Owner: Phil Spenner-Schneider, Dornheckenweg 9, 63517 Rodenbach, Germany (“House of Tailor”, “we”, “us”). They govern exclusively the conclusion, content, and performance of all contractual relationships established through the online store operated by us (the “Store”) with customers who are consumers within the meaning of § 13 German Civil Code (BGB).

1.2 A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. These Terms do not apply to entrepreneurs within the meaning of § 14 BGB. The Store does not accept orders from entrepreneurs, commercial resellers, or legal entities under public law. Any such orders placed in contravention of this provision are invalid and shall not give rise to contractual obligations on our part.

1.3 The products offered in the Store consist exclusively of individually manufactured goods produced by print-on-demand processes according to our own designs. We do not maintain stock or pre-produced goods. All orders are manufactured only after receipt of the Customer’s order. Accordingly, statutory provisions concerning withdrawal, returns, or exchange rights are subject to the restrictions and exclusions set out in § 312g (2) BGB and further specified in these Terms.

1.4 These Terms apply in the version valid at the time of conclusion of the contract. Deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract unless expressly acknowledged by us in writing in advance. Silence or failure to object to such terms shall not constitute consent.

1.5 The present Terms are published in English. If translations into other languages are provided, the English version shall prevail in case of any discrepancies, contradictions, or ambiguities.

 

2. Company Information

2.1 The provider and contracting party of the Store is:
House Of Tailor
Owner: Phil Spenner-Schneider (sole proprietorship / Einzelunternehmen)
Business address: Dornheckenweg 9, 63517 Rodenbach, Germany
Email: info@houseoftailor.de

Telephone: [to be provided – mandatory under § 5 Telemediengesetz (TMG); alternatively, a direct electronic contact form may be provided].

2.2 The business is currently operated as a sole proprietorship. No entry in the Commercial Register (Handelsregister) exists at present. Consequently, no commercial register number (HRB/HRA) can be provided. Should a registration be made at a later stage, the register court and the registration number will be published without undue delay and will form part of these Terms.

2.3 A Value Added Tax Identification Number (USt-ID) in accordance with § 27a Value Added Tax Act (UStG) has not yet been issued. Upon issuance, the USt-ID will be published without undue delay and shall be included as a permanent part of these Terms and the legal notices of the Store.

2.4 We are the sole controller (Verantwortlicher) of your personal data within the meaning of Article 4(7) GDPR for all processing operations carried out directly by us in the context of the Store. For certain services (in particular hosting, payment processing, and fulfillment), we rely on Shopify and other service providers, who act either as processors (Auftragsverarbeiter) within the meaning of Article 28 GDPR or, in some cases, as independent controllers. Further details can be found in our Privacy Policy.

2.5 The Store is operated on the basis of Shopify’s technical infrastructure. Shopify is an independent service provider headquartered in Canada with affiliated entities in Ireland and the United States. Data transfers to Shopify and its sub-processors may take place outside the European Union, in compliance with the GDPR.

2.6 All legally required provider information (Impressumspflicht) pursuant to § 5 TMG, § 55 RStV, and related provisions is thereby fulfilled. The Customer may contact us via the communication channels provided above for all contractual and legal concerns. Communications sent to other addresses not listed herein may not be considered legally effective.

 

3. Conclusion of Contract

3.1 The presentation of goods in the Store constitutes a non-binding product catalog and does not represent a legally binding offer within the meaning of §§ 145 ff. BGB. The display of items is solely an invitation to the Customer to submit a contractual offer (“invitatio ad offerendum”).

3.2 The ordering process proceeds as follows:

  • (a) The Customer may place items in the digital shopping cart without obligation by clicking the corresponding button.

  • (b) The Customer may review the contents of the shopping cart at any time and may correct input errors by using the technical correction functions provided by Shopify (e.g., delete function, change of quantity, back navigation).

  • (c) After selecting “Checkout,” the Customer is guided through the ordering steps (entry of personal data, selection of shipping method, selection of payment method, review of order).

  • (d) By clicking the button explicitly labeled “Buy Now” (“zahlungspflichtig bestellen” within the meaning of § 312j (3) BGB), the Customer submits a legally binding offer to conclude a purchase contract for the goods contained in the cart.

3.3 Immediately after placing the order, the Customer receives an automatic confirmation of receipt by email. This confirmation merely documents that we have received the order but does not yet constitute acceptance of the Customer’s contractual offer.

3.4 A binding contract shall only come into existence if and when:

  • (a) we explicitly declare acceptance of the Customer’s order by sending a separate order confirmation via email; or

  • (b) the goods are dispatched and the Customer is notified of such dispatch by email.

3.5 The contract text (order data and Terms valid at the time of conclusion) is not stored by us in a manner directly accessible to the Customer. Shopify, as the technical service provider, automatically transmits an order confirmation by email, which the Customer may print or otherwise save. The Customer is responsible for securing the contract data independently.

3.6 The contract shall be concluded exclusively in English. Translations into other languages may be made available for informational purposes only. In the event of discrepancies between the English version and a translation, the English version shall prevail.

3.7 We reserve the right to refuse or cancel orders in cases of obvious errors (including technical display errors in the Store), suspected fraud or abuse, delivery restrictions, or violation of these Terms. In such cases, any payments already made will be refunded without undue delay.

 

4. Contract Language

4.1 The contractual language for all legal transactions concluded via the Store is English. All pre-contractual information, contractual provisions, and subsequent contractual communications are provided in English, unless expressly agreed otherwise in writing.

4.2 Any translations of these Terms or other contractual documents into other languages are provided solely for informational purposes and to facilitate understanding by Customers whose primary language is not English. Such translations shall not constitute legally binding versions of the contract.

4.3 In the event of any inconsistency, contradiction, or ambiguity between the English version of these Terms and a translation into another language, the English version shall prevail for purposes of interpretation and enforcement.

4.4 The mandatory statutory rights of Customers residing in Germany and in other Member States of the European Union to receive essential contractual information in their official language remain unaffected (§§ 312d, 312f BGB in conjunction with Art. 246a EGBGB). Where legal obligations require, we will provide such information in German or in the official language of the relevant EU Member State in which the Customer resides.

4.5 Communications relating to the fulfillment of the contract (including order confirmations, shipping notifications, and warranty-related correspondence) will be conducted in English, unless otherwise required by mandatory statutory provisions or expressly agreed upon in writing.

 

5. Prices and Payment

5.1 Price Structure and VAT

All prices displayed in the Store are stated in euros (EUR) and represent final consumer prices payable to us.

For Customers located within the European Union, prices include value added tax (VAT) where applicable under German and European tax law.

For Customers located outside the European Union, VAT may not be charged depending on the destination country and applicable tax regulations. In such cases, the Customer may be responsible for paying import VAT, customs duties, or similar taxes imposed by the destination country upon importation of the goods.

5.2 Additional Costs

Shipping costs, where applicable, are charged in addition to the stated product prices. The applicable shipping costs are disclosed separately in the checkout process, clearly itemized before the Customer submits the order. No further hidden costs shall accrue.

5.3 Payment Obligation and Due Date

By clicking the “Buy Now” button, the Customer enters into a legally binding payment obligation within the meaning of § 312j (3) BGB. Payment of the purchase price is due immediately upon conclusion of the contract, unless expressly agreed otherwise in writing.

5.4 Accepted Payment Methods

We currently accept the following payment methods:

  • Shopify Payments (including, depending on Customer location, common debit/credit cards and other integrated options);

  • PayPal.

The availability of payment methods may vary depending on the Customer’s place of residence, technical factors, or Shopify’s system availability.

5.5 Payment Processing via Third-Party Providers

Payment processing is carried out through the respective third-party provider (Shopify Payments or PayPal). For this purpose, Customers are redirected to the provider’s interface or services. The contractual relationship in connection with the payment process is governed by the terms and conditions of the respective third-party provider. We do not store or have access to Customers’ complete payment data (e.g., credit card numbers); such data are processed exclusively by the respective payment service provider in compliance with applicable data protection regulations.

5.6 Default in Payment

If the Customer defaults on payment obligations, statutory provisions on default interest and damages for delay apply (§§ 286, 288 BGB). We reserve the right to withdraw from the contract or to refuse delivery until full payment has been made if payment is not received within a reasonable period after order confirmation.

5.7 Prohibition of Set-Off and Retention

The Customer may only set off counterclaims against our payment claims if such counterclaims are undisputed or finally adjudicated by a court of law. The Customer may exercise a right of retention only if and insofar as the counterclaim arises from the same contractual relationship.

 

6. Shipping and Delivery

6.1 Territorial Scope of Delivery

Delivery is available to customers worldwide, subject to shipping availability and legal restrictions in the destination country. Certain countries or regions may be excluded from delivery due to logistical, regulatory, or sanction-related limitations. A current list of excluded destinations may be provided in the Store.

6.2 Nature of Goods and Production Method

All goods offered in the Store are manufactured individually using a print-on-demand (POD) process after the Customer has placed an order. We do not maintain inventory or pre-produced goods. Consequently, dispatch occurs only after the production process has been completed by our contracted manufacturing and fulfillment partners, located primarily in the United States.

6.3 Estimated Delivery Periods

Estimated delivery times vary depending on the destination country and the production process of the ordered goods. Since all products are manufactured individually using a print-on-demand process after the order has been placed, dispatch occurs only after production has been completed.

Unless otherwise indicated in the Store, the following estimated delivery times apply:

  • 10d avg; 95% in 15d.

These delivery times are non-binding estimates and may vary due to production time, international transport, customs clearance, or local postal services.

6.4 Binding and Non-Binding Delivery Dates

All delivery dates or timeframes indicated in the Store or during the ordering process are to be understood as non-binding estimates, unless a binding delivery date has been expressly agreed with the Customer in writing. Delays in production, customs clearance, transportation, or other circumstances beyond our control (including those qualifying as Force Majeure Events under Section 18) may extend delivery times. In such cases, the Customer will be informed without undue delay.

6.5 Obligation of the Customer to Facilitate Delivery

The Customer must ensure that delivery is possible at the shipping address provided and that all information supplied (including name, address details, and access instructions) is accurate and complete. Should delivery fail due to incorrect, incomplete, or inaccurate address details provided by the Customer, or due to unjustified refusal of acceptance, the Customer shall bear the additional costs of repeated delivery attempts.

6.6 Partial Deliveries

We are entitled to make partial deliveries where this is reasonable for the Customer. In such cases, we shall bear any additional shipping costs incurred. Partial deliveries shall not affect the Customer’s statutory rights.

6.7 Transfer of Risk

In accordance with § 446 BGB, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer only upon actual delivery to the Customer. Until such time, we shall bear the risk of transport. The statutory provisions of § 447 BGB (dispatch purchase) do not apply here, as delivery is made exclusively to consumers.

6.8 Delivery Failures and Remedies

If we are unable to deliver the goods within the indicated delivery period due to non-availability of the ordered goods (e.g., because our POD production partner is unable to fulfill), we will inform the Customer without undue delay and reimburse any payments already made. This does not affect the Customer’s statutory rights to withdraw from the contract or to claim damages in accordance with applicable law.

6.9 Export Restrictions and Sanctions Compliance

We reserve the right to refuse or cancel orders and deliveries to certain countries, territories, persons, or entities that are subject to trade restrictions, embargoes, or sanctions under applicable laws and regulations, including those of the European Union, Germany, and other relevant jurisdictions.

The Customer is responsible for ensuring that the ordered goods may be lawfully imported into the destination country. If delivery cannot be completed due to export control restrictions or legal prohibitions, we may cancel the order and refund any payments already made.

 

7. Shipping Costs

7.1 Principle of Transparency

All shipping costs are calculated in addition to the stated product prices and are disclosed transparently to the Customer before submission of the binding order. The total price, including shipping costs, applicable taxes, and any other ancillary charges payable to us, is displayed in the checkout process before the Customer places the order, in accordance with applicable consumer protection laws (including § 312a (3) BGB and Art. 246a § 1 EGBGB).

7.2 Country-Dependent Shipping Fees

Shipping costs vary depending on the destination country, the size and weight of the order, and the applicable shipping carrier. The exact shipping costs applicable to the Customer’s order are automatically calculated and clearly displayed during the checkout process before the Customer submits the binding order.

Where available, shipping options and estimated delivery times may differ depending on the destination country.

7.3 Free Shipping Promotions

We may offer free shipping promotions for certain countries, order values, or promotional campaigns. If free shipping is offered, the conditions for such promotions (including any minimum order value or geographic restrictions) will be clearly indicated in the Store or during the checkout process.

7.4 Customs Duties, Import Taxes, and Additional Charges

For deliveries to countries outside the European Union, additional customs duties, import taxes, or other governmental charges may apply in the destination country. These charges are not included in the purchase price or in the shipping costs displayed in the Store and must be borne by the Customer.

The Customer is responsible for complying with the import regulations and customs requirements of the destination country. We have no control over such charges and cannot predict their amount.

7.5 No Hidden Fees

Except for charges that may be imposed by authorities in the destination country (as described in Section 7.4), no additional shipping, packaging, or handling fees beyond those displayed during checkout will be charged by us.

Statutory obligations applicable to us (for example packaging licensing obligations under the German Packaging Act – VerpackG) are borne by us and are already included in the product price.

7.6 Separate Indication on Invoice

Shipping costs, where applicable, will be itemized separately on the invoice issued to the Customer unless the order qualifies for free shipping under a promotion or campaign.

7.7 Changes to Shipping Fees

We reserve the right to adjust shipping fees for future orders. Any such changes will not affect orders already concluded. The shipping costs applicable to an order are those displayed in the Store at the time the Customer places the order.

 

8. Transfer of Risk

8.1 General Principle for Consumers

In accordance with § 446 BGB, the risk of accidental loss, accidental deterioration, or accidental destruction of the goods passes to the Customer only at the moment the goods are physically delivered to the Customer or to a person authorized by the Customer to accept delivery. Until that point, we shall bear the risk of transport in full.

8.2 Dispatch Rule (§ 447 BGB) Inapplicable

The statutory provision of § 447 BGB (transfer of risk upon handover to the carrier in the case of a sale involving the shipment of goods) does not apply here, as the Store offers goods exclusively to consumers within the meaning of § 13 BGB. Any deviation from this rule to the detriment of the Customer is expressly excluded.

8.3 Partial Deliveries

If partial deliveries are made in accordance with Section 6.6, the transfer of risk occurs separately for each delivery upon handover of the respective part-delivery to the Customer. Until such handover, the risk remains with us.

8.4 Delivery to Third Parties at Customer’s Request

If the Customer instructs us to deliver the goods to a third party (e.g., neighbors, parcel shops, or other drop-off points), the risk passes to the Customer once the goods are delivered to such third party, provided the instruction originated from the Customer. This does not affect the Customer’s statutory rights in the event of defective or non-conforming delivery.

8.5 Default of Acceptance (Annahmeverzug)

If the Customer culpably fails to accept delivery despite a proper and timely tender of delivery, the risk of accidental loss or deterioration of the goods shall pass to the Customer at the moment of occurrence of the delay in acceptance (§ 446 sentence 3 BGB). In such cases, we may also claim compensation for additional expenses incurred (e.g., storage costs, repeated delivery attempts).

8.6 Retention of Statutory Rights

The above provisions on the transfer of risk shall not affect the Customer’s statutory warranty rights under Section 10 of these Terms.

 

9. Right of Withdrawal (EU Customers)

9.1 General Information

In accordance with §§ 312g, 355 ff. BGB in conjunction with Art. 246a EGBGB, consumers within the meaning of § 13 BGB generally have a statutory right of withdrawal of fourteen (14) days from the day of receipt of the goods. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business, or profession.

9.2 Exclusion of Withdrawal for Print-on-Demand Products

Pursuant to § 312g (2) no. 1 BGB, the statutory right of withdrawal does not apply to contracts for the supply of goods that are produced according to the Customer’s specifications or are clearly tailored to the Customer’s personal needs.

The statutory right of withdrawal does not apply to goods that are manufactured according to the customer’s specifications or clearly personalized (§ 312g (2) No. 1 BGB).

Certain products offered in the Store may fall under this exception if they are produced individually for the Customer after the order is placed.

9.3 Withdrawal Instructions (Widerrufsbelehrung)

For transparency purposes and in fulfillment of our statutory duty to provide information, the following model withdrawal instructions are reproduced. Please note that these do not apply to the products sold in our Store, as explained in Section 9.2.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day on which you, or a third party other than the carrier and indicated by you, acquire physical possession of the goods.

To exercise the right of withdrawal, you must inform us,

House Of Tailor

Owner: Phil Spenner-Schneider

Dornheckenweg 9

63517 Rodenbach

Germany

Email: info@houseoftailor.de

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

9.4 Model Withdrawal Form (Muster-Widerrufsformular)

(If you wish to withdraw from the contract, please complete this form and return it.)

— To:

House Of Tailor

Owner: Phil Spenner-Schneider

Dornheckenweg 9

63517 Rodenbach

Germany

Email: info@houseoftailor.de

— I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ():

 

 

— Ordered on () / received on ():

 

 

— Name of consumer(s):

 

 

— Address of consumer(s):

 

 

— Signature of consumer(s) (only if this form is notified on paper):

 

 

— Date:

 

 

(*) Delete as appropriate.

9.5 Clarification

The above withdrawal instructions and model withdrawal form are reproduced exclusively to comply with statutory information requirements. As outlined in Section 9.2, the right of withdrawal is excluded for all products offered in this Store because they are individually produced on a print-on-demand basis.

 

10. Returns, Refunds, and Warranty

10.1 Exclusion of Voluntary Returns and Exchanges

10.1.1 As all goods offered in the Store are produced individually on a print-on-demand basis according to our own designs and only after receipt of the Customer’s order, we do not offer any voluntary return, exchange, or cancellation rights for reasons of incorrect size selection, color preference, change of mind, or other discretionary considerations.

10.1.2 The statutory right of withdrawal is excluded pursuant to Section 9 of these Terms.

10.2 Statutory Warranty Rights (Gewährleistung)

10.2.1 Notwithstanding Section 10.1, Customers retain their statutory warranty rights (“Mängelrechte”) under §§ 434 ff., 437 ff. BGB.

10.2.2 If the delivered goods are defective within the meaning of § 434 BGB (e.g., deviations in quality, functionality, or condition from the agreed or customary standard), the Customer is entitled to the statutory claims:

  • (a) Subsequent performance (Nacherfüllung) in the form of either repair (Nachbesserung) or replacement delivery (Neulieferung), at our discretion (§ 439 BGB);

  • (b) If subsequent performance fails, the Customer may reduce the purchase price (Minderung) or withdraw from the contract (Rücktritt) (§§ 440, 441, 323 BGB);

  • (c) Claims for damages (§§ 280 ff. BGB) or reimbursement of futile expenses (§ 284 BGB), subject to the limitations of liability set out in Section 13 of these Terms.

10.3 Warranty Period and Beweislastumkehr

10.3.1 The statutory warranty period is two (2) years from the date of delivery of the goods (§ 438 (1) No. 3 BGB).

10.3.2 For consumers, a presumption applies pursuant to § 477 BGB: if a defect becomes apparent within twelve (12) months of delivery, it is legally presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect. After this twelve-month period, the burden of proof for the existence of a defect at the time of delivery lies with the Customer.

10.3.3 These warranty rights are mandatory under EU and German consumer law and cannot be excluded.

10.4 Notification of Defects and Return Procedure

10.4.1 Customers are requested (without prejudice to their statutory rights) to notify us of any defects promptly and to provide a clear description of the defect together with photographic evidence, in order to facilitate efficient handling.

10.4.2 If a return of defective goods is necessary, we will provide the Customer with specific return instructions. Goods must not be returned without prior authorization. Unauthorized returns cannot be processed and may not be credited.

10.4.3 Upon receipt and verification of defective goods, we shall, at our discretion, either provide a replacement free of charge or reimburse the purchase price, including any applicable shipping costs originally charged.

10.5 Allocation of Costs

10.5.1 In the event of justified warranty claims, we shall bear the necessary return shipping costs in accordance with § 439 (2) BGB.

10.5.2 In the event of unjustified returns (e.g., no defect present, misuse of product), the Customer may be charged for the costs of return shipping and handling, without prejudice to statutory rights.

10.6 Limitation of Voluntary Commitments

10.6.1 We do not provide any voluntary guarantees (“Garantie”) beyond the statutory warranty rights, unless expressly stated in writing at the time of purchase.

10.6.2 Marketing descriptions such as “premium quality,” “limited edition,” or similar product designations do not constitute independent guarantees within the meaning of §§ 443, 479 BGB.

 

11. Retention of Title

11.1 General Rule

All goods delivered remain our sole property (“Vorbehaltsware”) until full and final payment of the purchase price, including any shipping costs and ancillary claims arising from the individual order, has been received by us in cleared funds.

11.2 No Transfer of Ownership Before Payment

Until full payment has been effected, the Customer is not entitled to dispose of the goods (e.g., by resale, pledge, transfer by way of security, processing, or transformation). Any such dispositions undertaken prior to transfer of ownership are legally ineffective vis-à-vis us and do not bind us.

11.3 Obligations of the Customer in Case of Non-Payment

11.3.1 If the Customer defaults on payment obligations, we are entitled to demand return of the goods subject to retention of title after setting a reasonable grace period, unless such a grace period is dispensable under statutory provisions.

11.3.2 In such a case, the Customer is obliged to surrender the goods without undue delay and to bear the costs of return shipment. Our right to claim damages in addition to return remains unaffected.

11.4 Protection Against Seizure by Third Parties

11.4.1 The Customer shall immediately notify us in writing of any third-party enforcement measures (in particular seizures or attachments) relating to the goods subject to retention of title.

11.4.2 The Customer shall also inform the third party of our ownership rights without delay. If the Customer fails to do so and thereby culpably causes damages, the Customer shall compensate us for any losses incurred, including legal costs necessary to assert our ownership rights.

11.5 Termination and Refund

If we withdraw from the contract due to non-payment or assert our rights of repossession under the retention of title, we shall refund payments already made by the Customer, less reasonable compensation for deterioration, use, or loss of value of the goods. This shall not affect the assertion of further claims for damages.

11.6 Special Note on B2C Transactions

Since the Store contracts exclusively with consumers within the meaning of § 13 BGB, no extended or expanded retention of title provisions (e.g., securing all current or future claims from an ongoing business relationship) apply. The retention of title is therefore limited to the specific goods delivered under the individual purchase contract.

 

12. Intellectual Property

12.1 Ownership of Intellectual Property Rights

All intellectual property rights in and to the content made available in the Store, including but not limited to product designs, patterns, illustrations, photographs, graphics, logos, brand names, trade names, icons, texts, digital files, website layout and structure, as well as software components and databases (collectively “Protected Content”), are and remain the exclusive property of House of Tailor, Owner: Phil Spenner-Schneider, or of licensors authorized by us.

12.2 Protection under Applicable Law

12.2.1 Protected Content is safeguarded under German, European, and international intellectual property laws, including but not limited to the German Copyright Act (UrhG), the German Design Act (DesignG), the German Trademark Act (MarkenG), as well as the EU Trade Mark Regulation (Regulation (EU) 2017/1001) and corresponding international conventions (such as the Berne Convention and the Paris Convention).

12.2.2 This protection applies irrespective of whether the Protected Content is marked with copyright or trademark notices.

12.3 Prohibition of Unauthorized Use

12.3.1 Any reproduction, distribution, public communication, digital dissemination, adaptation, processing, or other exploitation of Protected Content without our prior express written consent is strictly prohibited.

12.3.2 In particular, Customers are not entitled to:

  • (a) copy or otherwise reproduce product designs, graphics, or texts;

  • (b) resell, sublicense, or otherwise commercially exploit any of our designs or content;

  • (c) remove or obscure copyright notices, trademarks, or other legal identifiers;

  • (d) use our logos, brand names, or trademarks in domain names, social media handles, or other identifiers without written authorization.

12.4 Limited Right of Use by Customers

12.4.1 By purchasing goods from the Store, Customers acquire ownership of the physical item only. No intellectual property rights are transferred.

12.4.2 The purchase does not grant the Customer any license, express or implied, to use, reproduce, or exploit Protected Content beyond private use of the physical item for its intended purpose.

12.5 Third-Party Rights

Where content in the Store is lawfully provided by third-party licensors, all rights remain with the respective rights holder. Customers are obliged to respect such third-party rights to the same extent as they must respect our rights.

12.6 Consequences of Infringement

12.6.1 Any unauthorized use of Protected Content constitutes an infringement of intellectual property rights and may lead to civil claims (e.g., injunctive relief, damages, surrender of profits, destruction of infringing goods) and criminal liability under §§ 106 ff. UrhG, §§ 143 ff. MarkenG, or other applicable statutes.

12.6.2 We expressly reserve all legal rights and remedies available under German and EU law to enforce our intellectual property.

12.7 No Tolerance or Implied Waiver

Our failure to enforce intellectual property rights in individual cases does not constitute a waiver of such rights for the future.

 

13. Liability

13.1 Unlimited Liability

We shall be liable to the Customer without limitation for damages:

  • (a) arising from intentional acts (Vorsatz) or gross negligence (grobe Fahrlässigkeit);

  • (b) resulting from injury to life, body, or health caused by a culpable breach of duty on our part or on the part of our legal representatives or vicarious agents;

  • (c) under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG);

  • (d) where liability is mandatorily prescribed under data protection law, in particular the General Data Protection Regulation (Regulation (EU) 2016/679, GDPR).

13.2 Limited Liability for Breach of Essential Obligations (Kardinalpflichten)

13.2.1 In cases of slight negligence (einfache Fahrlässigkeit), our liability shall be limited to breaches of those contractual obligations whose fulfillment is essential for the proper performance of the contract and on which the Customer regularly relies and may rely (“cardinal obligations”).

13.2.2 In such cases, our liability shall be limited to damages foreseeable and typical for the type of contract at the time of conclusion of the contract.

13.3 Exclusion of Further Liability

13.3.1 Liability for slightly negligent breaches of non-essential contractual obligations is excluded.

13.3.2 Liability for economic loss, lost profits, indirect or consequential damages, or damages caused by force majeure events pursuant to Section 18 is excluded, unless otherwise provided under mandatory statutory provisions.

13.4 Liability for Auxiliary Persons

To the extent that our liability is excluded or limited, such exclusion or limitation shall also apply to the liability of our legal representatives, employees, staff, and other vicarious agents (Erfüllungsgehilfen) engaged in the performance of contractual obligations.

13.5 Statutory Warranty and Consumer Rights

The limitations of liability set forth in this Section 13 do not affect the Customer’s statutory warranty rights under Section 10 of these Terms. Furthermore, nothing in this Section shall limit or exclude rights and remedies available to the Customer under mandatory consumer protection law.

13.6 Burden of Proof

Nothing in these Terms shall alter the statutory allocation of the burden of proof. The Customer remains responsible for demonstrating the occurrence and extent of damages claimed, while we remain responsible for demonstrating the absence of fault where provided by law.

 

14. Data Protection

14.1 Controller and Legal Basis

House of Tailor, Owner: Phil Spenner-Schneider, Dornheckenweg 9, 63517 Rodenbach, Germany, is the controller (“Verantwortlicher”) within the meaning of Article 4(7) General Data Protection Regulation (GDPR) for all processing of personal data carried out directly in the context of the Store. Personal data shall be processed exclusively in accordance with the GDPR, the German Federal Data Protection Act (BDSG), and other applicable provisions of European and German data protection law.

14.2 Categories of Data Processing

In connection with the operation of the Store and the performance of contracts, we process in particular the following categories of personal data:

  • identification and contact data (e.g., name, postal address, email address, telephone number);

  • contractual and order data (e.g., ordered items, prices, order numbers, payment references);

  • payment and billing data (processed by third-party payment providers; we do not store full payment details such as credit card numbers);

  • communication data (e.g., messages sent via email);

  • technical usage data (e.g., IP address, device identifiers, browser type, date and time of access).

14.3 Purposes of Processing

Personal data is processed for the following purposes:

  • (a) initiation, conclusion, and performance of purchase contracts, including order processing, shipping, returns, and warranty handling (Art. 6(1)(b) GDPR);

  • (b) fulfillment of statutory obligations, in particular under commercial and tax law (Art. 6(1)(c) GDPR);

  • (c) safeguarding legitimate interests, such as fraud prevention, securing IT systems, and enforcing legal claims (Art. 6(1)(f) GDPR);

  • (d) communication with Customers, including handling of support requests (Art. 6(1)(b) and (f) GDPR);

  • (e) marketing and advertising activities, insofar as legally permissible or based on consent (Art. 6(1)(a) GDPR).

14.4 Engagement of Shopify and Third-Party Providers

The Store is technically operated on the infrastructure of Shopify Inc., headquartered in Canada, with subsidiaries in Ireland and the United States. Shopify processes personal data on our behalf and, in some cases, as an independent controller for purposes of improving its services. Data transfers to third countries, including Canada and the USA, are carried out on the basis of adequacy decisions (Canada) or Standard Contractual Clauses (USA and other third countries) in accordance with Art. 44 ff. GDPR. Additional third-party service providers (payment processors, logistics companies) may also process personal data in compliance with Art. 28 GDPR.

14.5 Customer Rights

Customers have the following rights with respect to their personal data, subject to statutory conditions:

  • right of access (Art. 15 GDPR);

  • right to rectification (Art. 16 GDPR);

  • right to erasure (“right to be forgotten”, Art. 17 GDPR);

  • right to restriction of processing (Art. 18 GDPR);

  • right to data portability (Art. 20 GDPR);

  • right to object to processing (Art. 21 GDPR);

  • right to withdraw consent at any time (Art. 7(3) GDPR).

14.6 Reference to Privacy Policy

Comprehensive details regarding the scope, purposes, legal bases, categories of recipients, storage periods, international transfers, security measures, and exercise of rights are set out in our Privacy Policy, which is available at all times on our website. In the event of contradictions between these Terms and the Privacy Policy, the Privacy Policy shall prevail in relation to data processing activities.

14.7 Enforcement and Supervisory Authority

Customers also have the right to lodge a complaint with a competent data protection supervisory authority, in particular with the authority competent at their place of residence or with the Hessian Data Protection Commissioner (Der Hessische Beauftragte für Datenschutz und Informationsfreiheit), Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Germany.

 

15. Online Dispute Resolution (ODR) and Consumer Dispute Resolution

15.1 European ODR Platform

In accordance with Article 14(1) of Regulation (EU) No. 524/2013 on Online Dispute Resolution in Consumer Matters (ODR Regulation), the European Commission provides a platform for online dispute resolution (ODR). The platform is accessible under the following link:

https://ec.europa.eu/consumers/odr.

15.2 Possibility of Use by Consumers

Consumers have the possibility to use this platform for the out-of-court settlement of disputes arising from online purchase contracts concluded with us. The ODR platform serves as a contact point for the extrajudicial settlement of disputes concerning contractual obligations arising from online purchase contracts.

15.3 Duty to Provide Information under § 36 VSBG

Pursuant to § 36 of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG), we are obliged to inform consumers about our willingness or obligation to participate in dispute resolution proceedings before a consumer arbitration board.

15.4 Declaration of Non-Participation

We hereby declare that we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG.

15.5 Reservation of Mandatory Rights

This declaration of non-participation does not affect the Customer’s right to bring claims before the competent ordinary courts. Mandatory statutory dispute resolution procedures (e.g., under telecommunications or energy law) remain unaffected if applicable.

 

16. Governing Law and Jurisdiction

16.1 Applicable Law

All contractual relationships between us and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the provisions of private international law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

16.2 Protection of Mandatory Consumer Rights

For consumers within the meaning of § 13 BGB who have their habitual residence in a Member State of the European Union, the mandatory consumer protection provisions of the state of residence shall remain unaffected pursuant to Article 6(2) of Regulation (EC) No. 593/2008 (Rome I). This ensures that the Customer enjoys the protection of those provisions which may not be derogated from by agreement under the law of the state of habitual residence.

16.3 Jurisdiction for Consumers

For any disputes arising out of or in connection with these Terms or the contractual relationship, the Customer may bring an action before the courts of the Federal Republic of Germany or, at the Customer’s choice, before the courts of the place where the Customer is domiciled.

16.4 Jurisdiction for Entrepreneurs

Insofar as the Customer is not a consumer but qualifies as a merchant within the meaning of § 1 HGB, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be Hanau, Germany.

16.5 Language of Proceedings

The language of the contract is English (cf. Section 4). This clause does not affect the procedural rules of the competent courts, which may require the use of the German language in judicial proceedings within Germany.

16.6 Reservation of Statutory Jurisdiction Rules

Statutory provisions on exclusive jurisdiction (e.g., §§ 29 ff. ZPO for consumer contracts, Articles 17–19 Brussels I Regulation (recast)) remain unaffected.

 

17. Final Provisions

17.1 Severability (Salvatorische Klausel)

Should one or more provisions of these Terms be or become invalid, illegal, or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid, illegal, or unenforceable provision, the statutory provisions shall apply. In no case shall the respective provision be replaced by contractual practice or by a provision which comes closest in economic terms (prohibition of so-called “blue-pencil” replacement under German consumer law).

17.2 Amendments and Supplements

Amendments or supplements to these Terms, including this clause, must be made in writing (Textform, § 126b BGB) in order to be effective, unless a stricter form is mandatorily required by law. Oral collateral agreements (mündliche Nebenabreden) do not exist.

17.3 Assignment of Rights

The Customer may not assign or transfer rights or obligations under the contractual relationship to third parties without our prior written consent. This shall not affect the applicability of § 354a HGB, where mandatory.

17.4 No Waiver by Silence

Our failure to assert or enforce any right or provision of these Terms in a particular case shall not constitute a waiver of such right or provision in future cases.

17.5 Hierarchy of Documents

In the event of contradictions between these Terms and other contractual documents, the following order of precedence shall apply:

(a) mandatory statutory provisions;

(b) these Terms of Service;

(c) the Privacy Policy (in respect of data protection matters);

(d) the Return and Refund Policy (in respect of withdrawal, returns, and refunds, unless superseded by Sections 9 and 10 of these Terms).

17.6 Mandatory Consumer Rights

Nothing in these Terms shall prejudice mandatory consumer protection provisions under German or European law. Where mandatory consumer rights grant the Customer more extensive protection than provided in these Terms, such provisions shall prevail.

 

18. Force Majeure

18.1 Definition of Force Majeure

A “Force Majeure Event” shall mean any event or circumstance beyond our reasonable control which prevents, delays, or materially impairs the performance of our contractual obligations, provided such event could not reasonably have been foreseen or avoided even with the exercise of the highest degree of care.

18.2 Examples of Force Majeure Events

Force Majeure Events include, but are not limited to:

  • (a) natural disasters, such as floods, earthquakes, storms, or fires;

  • (b) pandemics, epidemics, and officially declared public health emergencies;

  • (c) war, armed conflict, terrorism, sabotage, or civil unrest;

  • (d) strikes, lawful labor disputes, or lockouts not attributable to us;

  • (e) governmental actions, embargoes, export or import restrictions, or regulatory prohibitions;

  • (f) disruptions, delays, or failures in international transportation, customs clearance, energy supply, or telecommunication networks;

  • (g) failures or delays of our suppliers, subcontractors, or print-on-demand production partners, insofar as such failures are directly caused by a Force Majeure Event.

18.3 Legal Consequences

18.3.1 During the continuance of a Force Majeure Event, our contractual obligations shall be suspended for the duration and to the extent of the impediment. Delivery periods or deadlines affected by the Force Majeure Event shall be extended by the duration of the disruption plus a reasonable restart period.

18.3.2 We shall not be liable for damages or other legal disadvantages resulting directly or indirectly from our inability to perform due to a Force Majeure Event, provided we have complied with our duties under Section 18.4.

18.4 Notification and Mitigation Duties

18.4.1 In the event of a Force Majeure Event, we shall notify the Customer without undue delay of the nature of the event, its expected duration, and its anticipated impact on performance.

18.4.2 We shall use reasonable efforts to mitigate the consequences of the Force Majeure Event and to resume performance as soon as reasonably practicable.

18.5 Withdrawal Right for Extended Duration
If a Force Majeure Event continues for a period of more than eight (8) weeks and materially affects the performance of the contract, either party may withdraw from the contract. In such case, payments already made by the Customer for goods not delivered shall be refunded without undue delay.

18.6 Unimpaired Statutory Rights
Nothing in this Section shall affect the statutory rights of the Customer as a consumer, including the right to withdraw from the contract under §§ 323, 326 BGB in the event of impossibility, or the mandatory rights under Sections 9 and 10 of these Terms concerning withdrawal, returns, and warranty.