Terms & Conditions

1. General Provisions - Scope
2. Standard Terms
3. Prices and Delivery/Shipping Costs
4. Payment Terms and Conditions
5. Delivery Conditions and Partial Delivery Provisions
6. Conditional Sale
7. Supply of Samples and Documentation
8. Warranty Claims
9. Limitation of Liability
10. Copyright /Third Party Protected Rights, Release from Liability, Inadmissible Designs
11. Product Labelling, Promotional Rights, and Right of Use
12. Court of Jurisdiction – Place of Fulfilment

1. General Provisions – Scope

1.1. These General Terms and Conditions apply to all orders placed by Consumers or Business Entities, both of which are referred to hereinafter as “Customer”, with

owayo, Inc.
1201 N. Orange Street
Wilmington, DE 19801
USA
Email: info@owayo.com

hereinafter referred to as “owayo”.

1.2. All deliveries from owayo to the Customer are carried out based exclusively on these General Terms and Conditions given below.

1.3. The Customer's business or purchase terms are herewith expressly rejected.

2. Standard Terms

2.1. The offers contained on the website and in the online shop represent a non-binding invitation for the Customer to place an order with owayo.

2.2 Purchase of Stock Items
2.2.1. Stock items are those products that the Customer may acquire from owayo without making any individual adjustments of its own to them.

2.2.2. By completing and sending off the order form on the internet for stock items, the Customer submits a binding offer for the conclusion of a contract of purchase by clicking the button “Order with obligation to pay”. The ordering process can be aborted at any time prior to finalizing the order by closing the browser window.

2.2.3. owayo can accept an order within 7 working days by either sending a separate order confirmation or by delivering the order. owayo may reject any order – for example after reviewing the Customer’s creditworthiness or the latter’s offer for its legal and effective feasibility, in particular for any possible infringement upon trademark rights of third parties.

2.2.4. owayo shall send an automatic order confirmation via e-mail to the Customer immediately subsequent to receipt of the order. The order confirmation does not represent an acceptance of the offer.

2.2.5. All orders for stock items received by email or telephone will also be acknowledged and confirmed by owayo without delay. The order acknowledgement does not represent a binding acceptance of the offer, unless it is explicitly declared by owayo to do so.

2.3. Purchase of Custom Products
2.3.1. Custom Products are products which have been individualised by the Customer by way of being shaped according to its own ideas, e.g. in design, lettering and colors or by way of the incorporation of logos.

2.3.2. owayo shall send the Customer by e-mail a control design, including a cost estimate, and shall quote the delivery conditions. The Customer shall be required to review the control design, cost estimate and terms of delivery and may then confirm the offer made by owayo therein within two weeks of receipt thereof in writing or per email. Upon receipt of this confirmation, the contract between the Customer and owayo shall come into being and Customer will receive a brief confirmation email.

3. Prices and Delivery/Shipping Costs

3.1. For shipping to the United States, the stated prices don’t include taxes arising from the transaction, particularly sales taxes. The shipping address is decisive for location determination. Delivery to the following states will subject to state sales tax: IL.

3.2. Shipping and handling are billed separately and shown separately on the invoice. The specific dispatch/delivery price is determined by quantity and delivery location and may be subject to an additional extended area surcharge.

4. Payment Terms and Conditions

Payment must be made by either cash in advance or credit card.

5. Delivery Conditions and Partial Delivery Provisions

5.1. The projected delivery period for Custom Products is approximately 2-8 weeks after receipt of the order confirmation. If an Express Service has been agreed the delivery time will be individually agreed with the respective Customer. For stock items from the (online) shop, the delivery period shall be 3-8 working days subsequent to receipt of the order.

5.2. The delivery time may be prolonged accordingly without owayo being obliged to provide separate notification hereof, if and inasmuch as the Customer should be obliged to pay in advance but fail to do so.

5.3. In the event that an order is not completely available for shipping, we reserve the right to make a partial delivery at our expense, inasmuch as this is deemed reasonable for the Customer.

6. Conditional Sale

6.1. Up to the payment of any monies owed to owayo and the order is shipped, the goods remain property of owayo.

6.2. The Customer is obliged to handle the product with care until the transfer of ownership has occurred.

7. Supply of Samples and Documentation

7.1. Samples provided by owayo to show the quality of its products as well as assist in sizing are to be handled with care. The samples must be returned to owayo by the date stated on the delivery note at the latest. This period may only be extended following an individual request.

7.2. owayo will bear the cost of shipping the samples to its Customer, the Customer the cost for the return shipment. owayo will on principle only accept return deliveries of samples if these have been sent with the proper amount of postage.

7.3. If the samples are not returned by the date indicated on the delivery note, owayo reserves the right to demand the regular purchasing price (Price for 10 units onwards) based on owayo’s current price list for the product at the time of delivery.

7.4 owayo retains the copyright and right of ownership to all illustrations, drawings, calculations and documentation provided to the Customer; this includes all documentation even that which is not denoted as confidential in any from. The Customer must obtain the explicit written consent from owayo to forward any of the above to third parties.

8. Warranty Claims

8.1. The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the Customer is in business then the term of limitation is one year.

8.2. Deviations deemed standard throughout the industry as well as technically unavoidable tolerances in color, quality, material, weight, or any other specifications do not represent reasonable grounds for any complaints by the Customer.

8.3. When printing on textiles, slight variations in tonal values, both in print proofs and the following order are always possible and unavoidable. owayo will do its best to reproduce as realistically as possible the colors appearing on the website, in the (online) catalog, and in any product brochures depicting the range of products. In particular, those colors that appear on the website of owayo are dependent on the individual monitor settings of the Customers, which is why owayo cannot take any responsibility or provide any type of warranty for the comparability of these colors.

8.4. All control designs and color proofs are to be reviewed most carefully by the Customer prior to their approval for production. owayo will not take responsibility for any mistakes that the Customer missed whilst reviewing the order once approval has been granted.

9. Limitation of Liability

owayo only bears responsibility for damages, no matter what the legal gorund, in the case of deliberate action and gross negligence. owayo’s liability is limited to the payment for the foreseeable, typically occurring damage.

10. Copyright /Third Party Protected Rights, Release from Liability, Inadmissable Designs

10.1. If the Customer should provide his/her own motif or otherwise influence the product (personalization of text), the Customer assures owayo that the text and motif are not subject to any rights held by third parties. The costs resulting from any breaches of copyright, registered designs, personal rights or rights to the use of a name, label or trademark will be borne solely by the Customer. The Customer also assures owayo that, by personalising the product, he/she is also not breaching any other rights held by third parties. In principle, each Customer is responsible for the use of all copyright protected texts, logos, images, slogans or designs, and must obtain the appropriate written consents of the copyright owners to use any of the above and present these to owayo unrequested.

10.2. The Customer shall release owayo from all demands and claims which may be asserted by third parties due to the infringement of any of the above rights, inasmuch as the Customer is responsible for the breach. The Customer shall reimburse owayo for all defence and legal costs and other damages resulting from any such action.

10.3. All texts, illustrations, or any other special design made at the request of the Customer, that are deemed to invade and infringe upon the privacy right’s of a third party, to contain pornographic material, to serve the purposes of spreading propaganda, or to incite criminal actions or to participate therein will not be realised by owayo.

10.4. Teams or Clubs, especially, must be vigilant about meeting guidelines, conditions, and restrictions dictated by their respective associations. owayo shall not assume any liability or warranty concerning these regulations.

11. Product Labelling, Promotional Rights, and Right of Use

11.1. All products provided by owayo will on principle be furnished with
– one or more externally visible owayo logo(s) and/or lettering
– one or more externally sewn on and visible owayo labels containing a logo and/or text
– one or more internally sewn-in labels with the owayo logo and/or lettering
– one sewn in washing label with the owayo logo and/or text

In addition to the above, owayo reserves the right to brand any materials or textiles e.g. rubber or zip fasteners with its own logo and/or text.

11.2. owayo shall be entitled to present any products it has produced in its own online-shop, (online) catalogs and any other product descriptions, documents or advertisements, regardless of their format (electronic or print) as well as at, exhibitions.

11.3. owayo can use its Customers as references in any medium. This includes referring to and explicitly using any designations or logos that might be protected under copyright law. owayo is not obliged to make such references, however. The Customer is allowed to limit or prohibit such references.

11.4. In the event of a faulty production or an overproduction of an order, owayo shall have the right to use these excess products as samples for other Customers or for internal research and development purposes.

12. Court of Jurisdiction – Place of Fulfilment

12.1. The place of fulfilment for owayo’s delivery obligations and all other contractual obligations is the place of business of owayo in Wilmington, DE.

12.2. Wilmington, DE is the place of general jurisdiction. In such case, owayo is also entitled to sue the customer according to the opinion of owayo at their resident court.

As of April 2014

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