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Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Our Terms and Conditions
owayo reserves the right to alter the contents of this website at any time without notice.
Your continued use of this site implies that you agree to be bound by any updated version of this site.
owayo hereinafter may sometimes be referred to as "we" or "us".
Trademarks
All trademarks, service marks and trade names of owayo contained herein (including but not limited to: the mark "owayo", or "the owayo logo", are trademarks or registered trademarks of owayo. The trademark owayo conceives, produces, and distributes all customised sports apparel under owayo GmbH. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify owayo trademarks in any way, including through advertising or publicity pertaining to distribution of materials on the Site, without owayo's prior written consent. The owayo company headquarters is located at Landshuter Str. 6 in Regensburg Germany (Trade registration: AG Regensburg HRB 8270).
A 50% payment fee is required at the release of a control design. The remaining payment may be paid either on delivery (C.O.D) or up-front (prepaid). In the case of any other form of payment, owayo shall maintain property rights in any and all merchandise until all claims and/or obligations have been fulfilled in accordance with these terms. If the payment period is exceeded, owayo reserves the right to charge interest of at least 3% above the current bank rate posted by the Deutsche Bundesbank, accruing daily. Further collection expenses and further damage caused by delay (excluding VAT) shall be paid by the customer. The customer shall pay any additional costs incurred by electronic funds transfer or by any other method of payment. Counterclaims and/or offsets of payment are only valid through legal recourse and may not be unilaterally executed.
We charge a standard shipping rate of EUR 20.00 in the UK, EUR 8.00 in Germany, EUR 15.00-25.00 in all other EU countries, EUR 30.00 (ex.VAT) in Switzerland and Norway. Any additional costs of delivery shall be incurred by the customer.
Shipping is uninsured and at customer's risk from point of shipment. The customer assumes any and all risk at when the goods are placed in possession of the carrier or departure from our warehouse, whichever may occur first. Any means of transport may be negotiated with owayo; however the customer shall assume any and all risk or additional costs incurred.
We have made the effort to illustrate all colours in our brochures, catalogues, and on our web pages as realistically as possible following suit to their corresponding pallets.
The colours displayed on our Homepage are especially dependent upon the customer's monitor settings, and therefore we are unable to offer a guarantee for exact colour matching. If a client chooses to waive the control design process, any guarantee involving colour print, quality, or the design itself is abolished. Due to reasons of production technology, the shading and lighting of colours can vary up to +/-5% and be deemed acceptable.
Any right of appeal shall only be accepted as an incorrect design where; position, size, and/or colour of logos, text objects and designs are displayed differently than the control design release by the customer.
The customer is responsible upon delivery for inspecting merchandise for errors (material and manufacturer errors as well as shipping damages). The customer has 14 days after delivery to file a complaint for damaged merchandise in writing; and up to six months if damage is in a concealed or hidden manner. Damaged merchandise can only be returned with our consent and shipment shall be paid by Owayo with the exception of freight forward charges. Accepted goods that have been properly rejected will be received by owayo and delivered back to the customer without objection. Should the merchandise still obtain flagrant error, then the customer maintains the right to receive a discount on faulty product or complete exchange. Any further claims from the customer are excluded.
Any alterations by the customer or a third party on the merchandise, or improper handling will be completely unwarranted. Owayo shall in no way be liable for mishandled merchandise.
Each customer is held responsible for obtaining the rights and permission to use an inscription, logo(s), or design from the manufacturer or owner. In this regard, owayo will not be responsible for infringement of copyright, author, brand-name, or licensing law.
In addition, any inscription or illustration that may injure or harm a third party shall not be used and will not be the responsibility of owayo. Such examples include; any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.
(2) Court of jurisdiction for both parties involving conflict of documentation, currency exchange, or chequeing process – regardless of payment origination; whether cheque or currency – shall be Regensburg. This court of jurisdiction also includes cases where the customer has relocated their residency or domicile after closure of contract, or if the customer's residency or domicile is unknown at the point in which lodgement/accusation is filed.
(3) If one or more parts of the fore-mentioned conditions are to be ineffective, the remaining conditions sustain legitimacy.
(4) An owayo signature of confirmation is required for any change or addition to these terms and conditions to be deemed valid. In addition, the nullification of any of the terms or conditions necessitates written declaration.
Our Terms and Conditions
owayo reserves the right to alter the contents of this website at any time without notice.
Your continued use of this site implies that you agree to be bound by any updated version of this site.
owayo hereinafter may sometimes be referred to as "we" or "us".
Trademarks
All trademarks, service marks and trade names of owayo contained herein (including but not limited to: the mark "owayo", or "the owayo logo", are trademarks or registered trademarks of owayo. The trademark owayo conceives, produces, and distributes all customised sports apparel under owayo GmbH. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify owayo trademarks in any way, including through advertising or publicity pertaining to distribution of materials on the Site, without owayo's prior written consent. The owayo company headquarters is located at Landshuter Str. 6 in Regensburg Germany (Trade registration: AG Regensburg HRB 8270).
1. Ordering and Contract Agreements:
All offers from owayo are subject to change without notice. A contract between owayo and the customer is reached when a request from the customer and the resulting acceptance from owayo have been transmitted to the customer. A request is recognized by owayo as soon as a written order (via email, Fax, or mail) is received by us. An order is placed with a written or oral release of the control design from the customer. Once an order or release of control design has been sent from customer, a confirmation from owayo will be sent via email, fax, or mail. The dispatch of this confirmation from owayo is acceptance of the offer and will initiate the order process. Should the customer not receive a confirmation, all conditions of a contract will take effect upon delivery of the merchandise.2. Prices, Payment, Title-retention:
All prices are listed with the required sales-tax (excluding deliveries outside of the EU). New prices shall annul any previously listed price.
A 50% payment fee is required at the release of a control design. The remaining payment may be paid either on delivery (C.O.D) or up-front (prepaid). In the case of any other form of payment, owayo shall maintain property rights in any and all merchandise until all claims and/or obligations have been fulfilled in accordance with these terms. If the payment period is exceeded, owayo reserves the right to charge interest of at least 3% above the current bank rate posted by the Deutsche Bundesbank, accruing daily. Further collection expenses and further damage caused by delay (excluding VAT) shall be paid by the customer. The customer shall pay any additional costs incurred by electronic funds transfer or by any other method of payment. Counterclaims and/or offsets of payment are only valid through legal recourse and may not be unilaterally executed.
3. Delivery, Shipping, and Transport:
A standard delivery time of 4 weeks is estimated for any order. Standard delivery time is calculated from the point at which the control design is released by the customer. Failure to deliver upon an agreed delivery date shall be deemed a breach only after any agreed extension. In the event of any unforeseen, circumstances delivery may be withheld for a reasonable time. These unforeseen circumstances may include, but are not limited to, strikes, lockouts, and similar prohibitions that would make a delivery impossible or impracticable.
We charge a standard shipping rate of EUR 20.00 in the UK, EUR 8.00 in Germany, EUR 15.00-25.00 in all other EU countries, EUR 30.00 (ex.VAT) in Switzerland and Norway. Any additional costs of delivery shall be incurred by the customer.
Shipping is uninsured and at customer's risk from point of shipment. The customer assumes any and all risk at when the goods are placed in possession of the carrier or departure from our warehouse, whichever may occur first. Any means of transport may be negotiated with owayo; however the customer shall assume any and all risk or additional costs incurred.
4. Product Sample:
A product sample is available to the customer with the following guidelines applying. The sample product shall be sent back to owayo as soon as possible, or no later than the return date stated upon the delivery slip. Any extension of this date is only available by agreement with owayo. The return cost of the sample product shall always be incurred by the customer. Should the sample product not be returned by the agreed date, owayo reserves the right to charge the customer the full value of the product.5. Guarantee, Right of Appeal and Return:
Legal requirements in §312d Abs. 4 Nr. 1 BGB (German Law) state that there is no right of appeal for delivered merchandise which has been created specifically for a customer or clearly altered for personal use. This is the case for all Owayo products.
We have made the effort to illustrate all colours in our brochures, catalogues, and on our web pages as realistically as possible following suit to their corresponding pallets.
The colours displayed on our Homepage are especially dependent upon the customer's monitor settings, and therefore we are unable to offer a guarantee for exact colour matching. If a client chooses to waive the control design process, any guarantee involving colour print, quality, or the design itself is abolished. Due to reasons of production technology, the shading and lighting of colours can vary up to +/-5% and be deemed acceptable.
Any right of appeal shall only be accepted as an incorrect design where; position, size, and/or colour of logos, text objects and designs are displayed differently than the control design release by the customer.
The customer is responsible upon delivery for inspecting merchandise for errors (material and manufacturer errors as well as shipping damages). The customer has 14 days after delivery to file a complaint for damaged merchandise in writing; and up to six months if damage is in a concealed or hidden manner. Damaged merchandise can only be returned with our consent and shipment shall be paid by Owayo with the exception of freight forward charges. Accepted goods that have been properly rejected will be received by owayo and delivered back to the customer without objection. Should the merchandise still obtain flagrant error, then the customer maintains the right to receive a discount on faulty product or complete exchange. Any further claims from the customer are excluded.
Any alterations by the customer or a third party on the merchandise, or improper handling will be completely unwarranted. Owayo shall in no way be liable for mishandled merchandise.
6. Inscription, Logos, and Customer Designs:
Clubs, Associations, and Organization should be aware of their groups corresponding guidelines, editions, and restrictions. owayo shall not be responsible for offences to these club or association regulations.
Each customer is held responsible for obtaining the rights and permission to use an inscription, logo(s), or design from the manufacturer or owner. In this regard, owayo will not be responsible for infringement of copyright, author, brand-name, or licensing law.
In addition, any inscription or illustration that may injure or harm a third party shall not be used and will not be the responsibility of owayo. Such examples include; any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.
7. Protection of Privacy Policy:
For the purpose of order fulfilment necessary data will be saved by owayo. All personal data shall be handled confidentially. We maintain the right to transmit personal data for the purpose of checking credit and standing; any negative data will be handled according to §28 BDSG (German Law). 8. Fulfilment Location and Final Provisions:
(1) Fulfilment location for both parties is Regensburg.
(2) Court of jurisdiction for both parties involving conflict of documentation, currency exchange, or chequeing process – regardless of payment origination; whether cheque or currency – shall be Regensburg. This court of jurisdiction also includes cases where the customer has relocated their residency or domicile after closure of contract, or if the customer's residency or domicile is unknown at the point in which lodgement/accusation is filed.
(3) If one or more parts of the fore-mentioned conditions are to be ineffective, the remaining conditions sustain legitimacy.
(4) An owayo signature of confirmation is required for any change or addition to these terms and conditions to be deemed valid. In addition, the nullification of any of the terms or conditions necessitates written declaration.
