The trademark owayo conceives, produces, and distributes all customised sports apparel under the name owayo GmbH (hereinafter referred to as owayo). The owayo company headquarters are located at Landshuter Str. 6 in Regensburg Germany (Trade registration: AG Regensburg HRB 8270).
All contracts and orders are subject to the following terms and conditions with allowance for amendments. Any deviating terms and conditions of the contracting partner shall apply only if expressly confirmed in writing by owayo. The same applies to any waiver of the requirement for written form. We kindly ask you to carefully read the following terms and conditions:

1.1. The terms and conditions of owayo GmbH, shall apply to all sales, supplies and services of the seller, that the customer purchases.

1.2. For the purpose of these terms and conditions, a consumer is any natural person, who closes a legal transaction for a purpose, which does not refer to his / her commercial or self-employed professional activity.

1.3. For the purpose of these terms and conditions, a company is any natural or legal person or a legally responsible business partnership, who acts at the close of a legal business in exercise of its independent professional or commercial activity.

1.4. A customer is for the purpose of these terms and conditions, either a consumer and/or company.

1.5. A customer’s own terms are hereby not included and/or applicable. Any amendment of, and addition to, as well as the rescission of this agreement must be in writing and accepted by owayo in order to be valid.

2.1 Conditions of service by owayo are subject to confirmation and non-obligating. Any descriptions, specifications, graphical representations or any other details provided by owayo in relation to the goods for the purpose of illustration of goods shall not form part of the contract. Minor deviations in the goods from the product information shall be deemed approved to the extent this is not unreasonable for the customer: colour, form, or weight.

2.2. Orders received by the customer for desired products and/or services are deemed as consent to the contractual offer. An order received or communicated via telephone shall not constitute an agreement, unless it has been expressly confirmed to be “binding” by owayo in writing.

2.3. owayo is entitled to accept the bid of the customer within two weeks after the receipt of the offer. The seller, owayo, is entitled to reject the acceptance of the order, for example after checking the solvency of the customer or limiting the quantity of the order.

2.4. No order which has been accepted by owayo may be altered or cancelled by the customer without the written agreement of owayo.

2.5. The purchase contract is only achieved through a written order confirmation from owayo, but at the latest through the unconditional acceptance of the products by the customer.

2.6. owayo reserves the right to partial or non-performance of a contract in case of incorrect or improper deliveries by our suppliers. This holds valid for all products not manufactured by owayo.

2.7. The customer will be promptly informed should ordered merchandise be unavailable or only partially available and any received form of payment will be returned to the buyer immediately.

3.1. For customers within the European Union, the price given is the end price. This price includes all necessary taxes.

3.2. For customers outside the European Union, the prices valid are net, without taxes. Tax rates are determined by the delivery address submitted. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods. These fees may be billed by customs agencies or the delivery courier.

3.3. The prices are, unless otherwise agreed, without packing and delivery. Concrete shipping prices are determined by quantity of merchandise and address. Some addresses are subject to remote area fees.

3.4. If the customer is a consumer, price changes are permitted if the period between contract conclusion and the transfer or dispatch of the products exceeds three months. If the wages, material costs or market driven acquisition prices have changed thereafter until the delivery is complete, then owayo is entitled to increase the price accordingly to meet the cost increase. The customer is entitled to cancel the contract only if the price increases exceed the general inflation between order and delivery significantly.

3.5. If the customer is a company, then the agreed prices are valid. In the event that the price has risen by the time of performance as a result of a changed market price or as a result of remunerations owed to third parties who may have been brought into the performance process, having risen in the meantime, the higher price shall pertain. Should this higher price exceed by more than 20 percent the price originally agreed upon, the customer shall be entitled to withdraw from the contract. The right to cancel becomes valid immediately after the price increase has been announced.

3.6. Belated changes to released orders at the customer's request, including additional expenses incurred by said change shall be invoiced separately to the customer. Such additional expenses may result in halt of production until costs and payment have been agreed upon.

4.1 Delivery is carried out, unless otherwise agreed, only after payment has been received or via payment upon delivery. Shipments invoiced on account are only possible with special agreement. owayo reserves the right to restrict the payment method available to customers based on the order value, shipping region or other objective criteria.

4.2. The ordering party shall be deemed to be in default of payment in the event that invoices have not been paid as per the agreed payment period. owayo reserves the right to charge a late payment fee of EUR 5.00 per warning. With appropriate verification, the assertion of extensive damages caused by the delay is thereby not excluded, just as the customer is at liberty to verify that more extensive, lesser or even no damage has occurred.

4.3. Where the customer is in default of payment, they will be charged a default interest of 5% above the base interest rate on the amount owed. Companies will be charged a default interest rate of 8% above the based interest rate of the amount owed.

4.4. owayo reserves the right to use a third party to handle the transfer of payments. If payment is delayed, owayo can employ a debt collecting agency and transfer all necessary personal data for the payment to be processed. In the case that a third party is employed for the payment process, the payment process is completed only when the payment as stipulated by the third party is paid in full, so that the third party can then transfer this money without reservations to owayo.

5.1. Delivery is approximately 4 weeks (20 business days), calculated from the day the order has been approved/released by customer to production and which owayo is to confirm this release. Delivery deadlines and delivery periods are only obligatory when written confirmation has been made by owayo. The most current and up-to-date production times can be found on the owayo website.

5.2. The request of colour proofs, samples, and other such tests will add extra time to the delivery. Should the customer then request additional changes or alterations to the order, a new delivery time will be calculated from the time these changes have been approved and released.

5.3. Partiial deliveries are in all cases permitted.

5.4. Upon negligent violation of an agreed delivery date, default of delivery can only be claimed after a reasonable period of grace has been given. In the event of force majeure, which affects us or our suppliers, we reserve the right to suspend delivery for the duration of such disruptions. Events of force majeure shall be strike, lock-out and other conditions that essentially complicate the delivery or make it impossible (such as bottlenecks in raw materials), no matter whether they occur at our company or at one of our sub suppliers. owayo shall not be liable to the customer for loss or damage suffered by the buyer as a direct/indirect result of the supply of goods by the seller being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the seller’s reasonable control.

5.5. Place of fulfilment for the delivered merchandise is owayo headquarters, unless otherwise agreed by both parties.

5.6. Goods shall always be shipped at the expense and risk of the customer, even when shipped as ‘free delivery’. The risk passes to the customer as soon as the consignment is delivered to the person performing transportation or as soon as it has left our warehouse for shipment. We shall endeavour to take into account the interests of the customer in respect of the type of dispatch and the dispatch route, additional costs incurred as a result thereof - also in the event of agreed freight-free delivery - shall be at the debit of the buyer.

5.7. Delivery shall have occurred even if the buyer is in default with respect to acceptance.

The delivered merchandise remains under full ownership of owayo until complete payment has been received. In the event of the resale of the retained goods, then ownership shall be retained.

7.1. Sample articles sent for sizing and quality inspection are to be handled carefully by the customer. Samples must be sent back to owayo by the requested date enclosed on the bill of delivery. An extension to this date is only possible with consent from owayo.

7.2. The shipment of samples to customers shall be to the burden of owayo, and return shipment back to owayo shall be to the burden of the customer. Samples returned without proper postage will not be accepted.

7.3. Samples not returned by the predetermined date are subject to full payment, based on owayo’s highest tiered pricing for the article at the point of the sample’s shipment. It is the responsibility of the customer to provide evidence that minimal, or no damage at all has been inflicted upon samples. Specially created sample fabrications must be purchased in full. Return of such merchandise is not possible.

7.4 We reserve the ownership rights and copyrights to all written materials including sketches, graphics, and calculations that we supply. This includes all materials not designated as confidential. Our explicit written agreement is required by the customer before disclosure to third parties.

8.1. The customer is entitled to revoke his/her declaration of intention concerning the conclusion of the contract without stating any reasons within two weeks of receiving the goods either in writing (e.g. letter, e-mail, fax) or by returning the goods to owayo.

8.2. The right of return is excluded for contracts of supplied merchandise which is produced in accordance with customer specifications, or clearly designed for their personal use. Such special merchandise is particularly relevant to owayo sporting wear as it is printed in the specific customer style and design.

8.3. In exercising the right of return, the customer is obligated to return the goods if they may be sent by parcel. When exercising the right of cancellation, the costs of returning the goods shall be to the burden of the customer when the order value is less than €40, unless the goods supplied do not correspond to the goods ordered. For order values of more than €40, the customer shall no longer carry the shipping costs.

8.4. The customer shall bear the loss of value for the merchandise (depreciation) for the use and deterioration of the goods. The customer may inspect the merchandise carefully and cautiously, as in a retail store. Should it be deemed that the merchandise can no longer be sold as "new" after this inspection, then the customer is borne to the value before depreciation. To avoid this obligation, we recommend to the customer that they not use the product for personal use and refrain from doing anything that could reduce its value.

8.5. Custom made products are generally void from any returns or exchanges. This is especially relevant for sizing issues.

9.1.The customer shall be obliged to inspect any goods delivered to him without delay, and to promptly notify the supplier of any defects found. Should the customer not notify the supplier promptly, then the merchandise will be deemed as acceptable even when received not as ordered…

9.2. The risk of any defect passes to the customer upon release for printing /approval of the design control or sample proof, unless the defect occurs or is detected only in the production process following the release for printing /approval of the samples.

9.3. A faulty article or multiple articles shall not constitute the right to claim a new delivery in its entirety.

9.4. If the customer is the end-user, they will maintain the right and option as to whether subsequent fulfilment should be provided in the form of repair or replacement. We are entitled, however, to refuse the type of subsequent performance chosen by the customer if disproportionately high costs are associated with such type of performance and if no substantial disadvantage ensues to the customer from the other type of subsequent performance.

9.5. For warranties against defect in the case of companies/businesses, owayo maintains the right to choose between subsequent improvement or replacement.

9.6. Should the subsequent remedy fail, then the buyer can irrespective of any damage compensation claims withdraw from the contract or diminish the remuneration. Any damages and expenses incurred by the defected merchandise and/or service, are restricted to the limitation of liability in § 11 of these terms and conditions.

9.7. A non-business consumer has 2 months after receiving the goods to notify owayo in writing of any obvious defects. Otherwise the assertion of the warranty claim shall not be admitted.

9.8. Companies have within one week upon the receipt of merchandise to check for variations in quality and quantity; otherwise the assertion of the warranty claim shall not be admitted. Any variations and/or defects must be notified to owayo in writing. The date valid for notification is the date of sending. The company is responsible for making all the necessary notifications and in particular is responsible for notifying details of the defect and the date on which it occurred and for reporting the defect in a timely manner.

9.9. Unavoidable commercial and technical tolerations such as colour, quality, material, weight, and similar shall not constitute a reason for complaint on the part of the ordering party.

9.10. Reorders with textile/colour printing are susceptible to slight fluctuations in colour-tone values and are unavoidable. We do make considerable effort to best display our colouring on our website, catalogues, and various brochures in a most realistic manner. Colours displayed on our homepage for instance, are especially prone to different imagery due to various monitor and computer settings, and therefore cannot be guaranteed to specific results. For this reason, requesting an owayo colour swatch/palette is highly recommended to avoid discrepancies.

9.11. The ‚design controls’ and printing proofs sent to customers must be closely examined for exacting details and execution and only upon written approval will the order begin production. Any overseen errors by the customer will not be the responsibility of owayo.

9.12. When necessary, a sample of the product(s) with error may be requested by owayo to examine. The error products must be sent back within 3 working days and marked or included with explanation so that the position and/or description of error are identifiable.

9.13. Claims for material defects (including compensation) shall be barred after a period of two years from delivery, and one year for after delivery to companies and businesses. Any merchandise used will have a guarantee of one year after the delivery date.

9.14. This provision shall not apply where longer periods are prescribed by law, as well as in cases of injury of life, body or health, or where owayo intentionally or grossly negligently fails to fulfil its obligation or fraudulently conceals a defect. The legal provisions regarding suspension and recommencement of limitation periods as well as the product liability laws of owayo remain unaffected.

9.15. Claims arising from defected materials or service do not cover the malfunction of the merchandise that occurs after the delivery through improper handling by the customer or third party, especially with a non-intended use of the product, improper storage thereof, or natural wear and tear.

9.16. owayo assumes no liability in a legal sense. Manufacturer's guarantees remain unaffected.

10.1. If the customer provides his/her own motif or otherwise influences the product (personalisation of text), the customer assures owayo that the text and motif are not subject to any rights held by third parties. Possible infringements of the copyright, personal right or naming right are fully borne by the customer in these cases. Additionally, the customer assures that he does not infringe other rights of a third party by personalizing a product. Principally, each customer is responsible for the use of protected texts, logos, drawings, slogans, or designs and required to provide owayo with written conscent from the property owner.

10.2. The customer releases owayo 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 owayo for all litigation-related costs and other damages resulting from any such action.

10.3. Any texts, drawings, or special productions requested by the customers that may infringe on the rights of others, contain pornography, promote the distribution of propaganda, or threaten to commit a crime, will not be implemented by owayo.

10.4. Clubs are responsible for following accord to the guidelines and restrictions of their organizations. Owayo will not be liable for any breaches to these guidelines.

11.1. In case of ordinary negligence owayo GmbH shall only be liable for damage on account of a breach of a material contractual duty (i.e., a duty whose performance is basis for the proper execution of the contract and on whose abidance the contractual partner has relied on regularly and may rely on); in this case the liability of owayo is limited to the compensation of the foreseeable and typically occurring damage.

11.2. The above limitations of liability shall not apply for damage in case of an injury to body, life and health on the part of the supplier, his executives or persons employed in the performance of an obligation for which they are responsible as well as any violation to the Law of Product Liability.

12.1. All articles delivered by owayo generally bear
– one or more externally visible owayo logos and/or straplines
– one or more externally visible woven labels and/or straplines
– one or more internal woven labels with the owayo logo and/or straplines
– one washing label with owayo logo and/or strapline

In addition, other materials on the article may have owayo branding such as elastics and zippers.

12.2. owayo has the right to display products manufactured by them in their own catalogue and/or other media outlets.

12.3. owayo may mention the customer in all forms of media as a reference. This includes the mentioning and usage of logos and symbols potentially protected by copyright. owayo is not required to mention any customer or name. The customer may prohibit or limit its naming if justifiable reasons are brought forward.

12.4. Articles manufactured with errors may be used by owayo for internal testing or sent to other customers as samples.

owayo uses personal data from customers in accordance to statutory regulations and for appropriate purposes only. The personal information provided when ordering merchandise (such as name, address, payment details) is used exclusively for the purposes of executing and handling the contract. All information will be handled confidential and will not be made available to external parties that are not involved in the order, delivery, or payment process. Upon request, the user has the right to receive information about his/her personal data stored by us or our partners, free of charge. In addition, the user is entitled to amend incorrect data, block or delete data stored about them. The exercising of such rights must be accompanied with a written claim to owayo.

14.1. The customer may off-set his rights to another party with written consent from owayo. Such a request would only be denied by owayo for important reasons.

14.2. The customer can exercise right of retention or right to withhold performance only concerning indisputable or legally established counterclaims. A right of retention is entitled only to the applicable contractual relationship.


15.1. The contractual relations between the parties are subject to German law.

15.2. The exclusive place of jurisdiction for disputes arising from or in connection with this contract for both parties shall be the owayo headquarters, insofar as the customer is a businessman, a legal entity or person of public law. Owayo maintains the right, however, to sue the customer referred to in this paragraph at his general place of jurisdiction.

15.3. Should the customer have no jurisdiction in Germany or any other EU-Member nation, than any disputes arising from this contract will be the seat of business of owayo. Owayo maintains the right, however, to sue the customer referred to in this paragraph at his general place of jurisdiction.

15.4. Should one of the provisions of this terms and conditions be or become invalid or unenforceable in whole or in part, the remaining provisions of this contract shall maintain their validity unless adhering to the contract would represent an undue hardship to one of the parties.