TERMS & CONDITIONS

General Information

Your contractual partner for all orders within the scope of this online offer is Outdork of Alberta, Canada, hereafter referred to as "Outdork".

All deliveries from Outdork to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Outdork and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Outdork has agreed to them in writing.

Responsibility for Online Offer

Outdork is responsible for the articles and motifs offered as well as the overall design of the shop. Outdork assumes sole responsibility for marketing, configuration and arrangement of the shop as well as the articles and designs on offer. Outdork designs are vetted before released for print on any good or articles to ensure they align with company values and copyright laws. All articles, designs and motifs offered is property of Outdork and is protected under Intellectual Property and Trademark legislation.

Conclusion of the Contract

The “offers” contained on the website represent a non-binding invitation for the customer to place an order with Outdork.

By filling in and sending off the order form on the internet, the customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page.

Then Outdork sends an order confirmation via e-mail to the customer and examines the offer regarding its design, colour and size. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Outdork.

The contract only materializes when our fulfilment center (fulfilment supplied by Printful) dispatches the product ordered to the customer and confirms the dispatch to the customer with a shipping confirmation email. The details of the order can also be viewed online in the user profile.

The conclusion of the contract shall depend on punctual and correct supply of the goods from our fulfilment center. This proviso shall not apply in the event of short-term disruption to deliveries or if our fulfilment center can be held responsible for non-delivery, in particular if they fail to make a congruent hedging transaction in good time. The customer will be informed immediately that the service is not available. If customer has already paid for the goods, this money will be reimbursed.

Delivery & Shipment

In principle, delivery is made within three weeks from the date when the customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by Outdork in writing.

Delivery shall be conducted by a shipment service provider chosen by our fulfilment centre. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to.

If in exceptional circumstances delivery is not possible within the period of three weeks after conclusion of the contract mentioned, Outdork shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit. The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing.

Prices

For all customers the indicated prices are final unless you are purchasing internationally. Our product prices can change depending on which currency you use to pay for it.

Products charged in a different currency to our operating currency (CAD) have a floating price that depends on that month's exchange rate. For example, if you are purchasing a t-shirt that is $35, the current exchange rate would determine this to be €23.47. Next month, the exchange rate could determine it to change to €25.61.

Due to taxes differing across multiple countries, in particular government state tax and/or provincial state tax (GST/PST), these are confirmed during checkout once the delivery address has been confirmed.

For buyers outside Canada, import duties, customs clearance costs as well as other costs and levies may be incurred, which the customer must pay additionally upon receipt of the goods.

Shipping costs are to be borne by the customer, which may depend on the order value and the place to which delivery is to be made.

Payment

The customer chooses the method of payment, which may be credit or debit card. Outdork reserves the right of restricting the number of payment methods that a customer can choose from on the basis of factual criteria, as for example the order value.

In case of the method of payment chosen by the customer not being practicable, where Outdork has met its contractual obligations, in particular if it is the case that a payment from the customers account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Outdork or a third party which carried out the transaction.

Outdork is entitled to make use of the services of trustworthy third parties for the handling of the payment:

a) If it comes to a default of payment of the customer, Outdork is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.

b) In the case of intervention of third parties in the handling of payments, then payment in relation to Outdork only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.

Conditional Sale

Up to the payment of any monies owed to Outdork the goods remain the property of Outdork. If the customer is deemed to be a business buying in bulk, Outdork remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.

The customer is obliged to handle the product with care up to the transfer of ownership.

Guarantee

As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.

In the case of return shipments due to defects, Outdork will also pay for the cost of postage.

Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, Outdork shall not be liable for the continuous and uninterrupted availability of the online offer.

The claims of the customer from warranty need as a prerequisite that they, as far as the customer is deemed to be a business, have met their due obligations of examination and censure.

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.

Limitation of Liability

Apart from that, liability on the part of Outdork and/or our fulfilment center follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Outdork and/or our fulfilment center only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence.

As far as liability of Outdork is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Outdork.

Copyrights to Print Designs

Print and embroidered designs supplied by Outdork are unique and exclusive to the Outdork brand and are subject to breaches of copyright and intellectual property should these designs be copied by any customer or third party. Outdork reserves the right to seek costs associated with such breaches from the customer or third party.

When working with design partners, all print and embroidered designs are licensed by Outdork, and are subjected to the same copyright and intellectual property as above.

As far as the customer is responsible for the breach of duty, the customer shall reimburse Outdork for all defense costs and other damages resulting from any such action, including any monetary losses from missed sales and/or any monies gained in the sale of the design.

Technical & Design Deviations

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

Data Protection

Outdork uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Outdork and our fulfilment center for fulfillment and handling of the contract. This data is treated confidentially and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Outdork has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

Dispute Resolution

We are neither required nor prepared to participate in a dispute settlement procedure before a consumer arbitration panel.

Place of Jurisdiction – Place of Fulfilment – Choice of Law

Place of fulfilment for all services is the place of business of Outdork in Alberta, Canada.

As far as the customer is deemed a business according to Canadian law, a legal entity under public law or special fund under public law, then Alberta, Canada is the place of general jurisdiction. In such case, Outdork is also entitled to sue the customer according to the opinion of Outdork at their resident court. The same applies if the customer does not have their place of general jurisdiction in Alberta, Canada, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.

According to these general terms and conditions the agreement is exclusively subject to the law of Canada. The mandatory regulations of Canada remain unaffected, even if customers are from outside of the country.

If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.