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Contract Partner for the opening of a partner-shop

General conditions for the opening of a Partner-Shop on Shirtshop.nl

Contract Partner for the opening of a partner-shop in the framework of this offer online-Shirt Shop is represented by Henk Nienhuis and Erik Hovinga Lamsoor 31, 9738 AL Groningen, here called "Shirt Shop".

Section 1 Purpose of the agreement

(1) The shop operator shall establish one or more pressure motifs and binds to the Shirt Shop shop module in its website by including therein Shirt Shop placed electronic advertising. Instead of a fixed fee receives the shop operator in return under Section 5 of this agreement is a dependent variable results of the commission, which is based on the sale of Shirt Shop products through the shop operator for the public's shop module.

(2) Shirt Shop products are those products, which Shirt Shop to be offered for sale and possibly by Shirt Shop, shop by the operator or the customer made available to be printed motifs (hereafter referred to as "products").

Section 2 Copyright pressure on motives / provision of use

(1) The shop operator gives the right Shirt Shop, with an offer to conclude a user in accordance with Section 1 (2) sent motif pressure to use, in particular to publish, reproduce and / or products of the Shirt Shop motif of the contract partner and the environment in this way products (hereinafter: "contractual") products to publish, reproduce, to provide and trading.

(2) The user Shirt Shop to be granted in accordance with Paragraph 2 (1) are non-exclusive, unlimited space and funds for an indefinite period, until the user agreement by either contracting party shall be terminated in accordance with Section 11.

(3) Any copyright or other rights issued by the shop operator made available motif continue to press the shop operator. Shirt Shop has no legal grounds for the operator in its own shops or in the shops of third parties or through other sales channels to sell, unless the shop operator express his consent.

(4) Shirt Shop has the right motive for advertising purposes on the website of Shirt Shop or other forms of advertising for Shirt Shop to use. Shirt Shop in these cases ensures that the motive is a link to another shop of the author.

Section 3 Rights of third parties

(1) For the shop placed in the works (especially pressure motives, background images, slogans, etc.) is the only shop operator.

(2) The shop operator assures that he motif that he accordance with the settlement of these general conditions for use of available Shirt Shop, has designed and / or that he is entitled to use all of the motive, especially when equipped in trade mark, copyright and design right. The shop operator ensures that only and only he has the right to have the rights that he Shirt Shop has granted in accordance with the settlement of these terms and conditions.

(3) The shop operator ensures that it no rights of third parties are known, that preclude or might Shirt Shop that uses the motif of this scheme in accordance with the terms and conditions.

(4) The shop operator shall ensure that none of the works in his shop subscribed rights of third parties using the rest and that does not infringe on patents, licenses, property rights or other rights of third parties.

(5) The contract ensures that each partner motive of which he is using to Shirt Shop leaves, also meets the other legal provisions, particularly the provisions relating to the youth, and not in conflict with criminal prohibitions.

(6) Shirt Shop reserves the right, in the case that third parties make claims because the use of a motif of the shop operator infringement on their rights would make the license fee (commission) to hold until the legal dispute is finally resolved.

(7) If Shirt Shop believes that the shop operator licensed motive was wrong or improper way obviously is challenged, the parties agreed to decide what legal steps in the context of the dispute should be undertaken .

(8) The shop operators can not be held liable for printing patterns by Shirt Shop have been made available or by customers via the single-partner shop have been added (especially customizing texts).

(9) The shop operator is obliged Shirt Shop writing to inform, if claims are brought against him in respect of the making of infringing rights of third parties in connection with the works placed in the shop.

(10) Where Shirt Shop claims against third parties in respect of the setting of infringement on rights, it is totally free to Shirt Shop at its discretion, disputed works in whole or in part from the partner-shop to remove.

Section 4 Contact

(1) The shop operator is required, a complete and correct mailing address and all legally required. contact information in the part of his shop to mention.

(2) If the shop operator fails to complete contact information are the products of his shop not visible to customers and can not be ordered.

(3) Incorrect information has meant that the shop will be immediately removed and that any fee credit will be retained.

Section 5 fee for the shop operator

(1) The fee for the shop operator for the provision of motives and the placing of electronic ads depends on the outcome. It receives the shop operator for each product sold through its open to the public shop-made module is sold, a commission.

At professional shop operators in the Netherlands that have shown subject to VAT, in addition to the commission on the sales tax payable on their account. For professional shop operators from other EU countries, the diversion scheme for the sales tax ( "reverse charge") for electronic services in accordance with the sixth VAT Directive.

The price ultimately paid by the customer is made up of a Shirt Shop-base price for the product and printing plus the commission for the shop operator.

(2) The amount of commission is variable and may be withdrawn by the shop within his shop operator module for each product that is sold separately determined.

(3) Shirt Shop reserves the unrestricted right to the basic price of the Shirt Shop products, respectively.

(4) The settlement and payment of the balance of the commissions to the shop operator made three months after the end of a bare Derk quarter, the minimum amount of credit to pay for shop operators from Netherlands 10, - and € 50, - € for operators abroad. If the credit is greater than 100, - €, the shop operator at any time the disbursement of them recovered, but not more frequently than once a month. By the choice of Shirt Shop is implemented through the payment of transfer or check. Amounts lower than the minimum pay to be submitted for termination of all agreements partner after six months paid if the shop operator within that period, a new partnership agreement.

(5) The shop operator is responsible for ensuring that its current bank Shirt Shop available. The shop operator is liable if incorrect bank details are passed. The partner is veantwoordelijk Shirt Shop for it to express its VAT registration. If no DB number is declared, the commission excluding sales tax paid.

Section 6 Integration of the partner-shop by the shop operator

(1) The operator can shop by shop-Shirt Shop offered module on its website, but is not required. The presentation is made through a Shirt Shop made available electronic reference ( "link"), which the shop operator in its Internet-page insert, which recalls the shop of the shop operator. In case of placement requires the shop operator, the link made by Shirt Shop unchanged in its web page to insert. In particular, the shop operator no changes with regard to the shop connected to the electronic advertising or publication of the terms and conditions for customers.

(2) A shop without advertising is available on request on payment of a monthly fee.

Section 7 Contractual relationship with customers

(1) Customers who shop through the module of the shop operator products, customers of Shirt Shop. Shirt shop between customers and creates an autonomous legal relationship that is independent of any legal relationship between the shop operator and the customer that the web page of the shop operator visit. As a result, only the rules, guidelines and business processes of Shirt Shop on the customer orders, customer service and sales of products applicable to these customers.

(2) Shirt Shop can directives, business and technical processing of orders at any time. From time to time may experience changes in the pricing and availability of products.

Section 8 Application / order

(1) Shirt Shop reserves the right to refuse requests and orders, which do not meet their requirements by Shirt Shop.

(2) Shirt Shop reserves the right to refuse orders from customers that are known not credit worthy or do not give debit authorization.

(3) Shirt Shop is for the complete processing and implementation of the orders responsible. In this respect makes Shirt Shop eg order forms, making payments, run stornoboekingen returning from missions and provide customer service.

Paragraph 9 Sales Reports

(1) Shirt Shop record sales through the online shop to come and inform the shop operator on summary statistics available.

(2) For the remainder will Shirt Shop the Shop-Partner at irregular intervals, for information, send e-mails, which included information related to the shop of a Partner, which includes changes in the Shirt Shop offered articles and services, service reports , Tips and ideas on the services offered by Shirt Shop and other information (including on offers from third parties). The Partner declares that he agrees.

(3) Shirt Shop meets the requirements in the field of protection of data. In particular, no personal data of the Shop-Partner with other parties, so far it has not met and the transmission is not legally permitted or required. For the rest, the statement made Shirt Shop with respect to the protection of data has made.

Section 10 Liability Limitation, exclusion of liability and exemption

(1) The shop operator and is over Shirt Shop liable for all damages incurred by Shirt Shop result with the use of the shop operator in the settlement of these terms and conditions made available to press motif, especially the disclosure and reproduction thereof , Infringe rights of third parties and / or other legal provisions are violated.

(2) The liability of the shop operator applies including any damage suffered by Shirt Shop in the form of costs of the proceedings and costs and the amounts of compensation which Shirt Shop on the basis of using the motif of the shop operator a court be imposed or part of a settlement. The shop operator undertakes Shirt Shop free of all the above costs and claims for damages. Shirt Shop has in the case of the right to shop operator advance at a rate of the estimated defense costs to be recovered.

(3) The liability of Shirt Shop against the shop operator, on what legal basis, therefore, particularly - but not exclusively - or on the basis of tort accordance with § 823 ff. BGB is limited to the following: Shirt Shop is liable, where the shop operator claims to rule, based on malice, intent, gross negligence or breach of a fundamental obligation under the agreement by Shirt Shop, its management or its staff assistants. For the rest, a liability of Shirt Shop for slightly negligent behavior was excluded.

(4) If in the shop operator is an entrepreneur, ie a natural or legal person, or persons associated with jurisdiction, which, when entering into commitments to act in pursuit of the business or independent exercise of his profession, is above the following: Shirt Shop far exceeds the blame on negligent manner infringing on rights, the liability is limited to the foreseeable damage, which is typical for such a case.

(5) Any further liability of Shirt Shop in respect of bodily injury or under the law on product liability remain unaffected.

Section 11 Duration of contract / termination

This agreement is for an indefinite period and may be signed by both parties at any time without regard to a notice be denounced.

Section 12 Amendment of the conditions

(1) This agreement may be amended only in writing. Shirt Shop will be any changes to these terms and conditions published on the website "www.Shirtshop.nl" and the shop operator thereof by e-mail to inform. Where a shop operator after such a message further reasons for using available, the changes being tacitly accepted.

(2) As written in the meaning of these terms and conditions applicable statements by fax, letter and e-mail. Where it by e-mail a relevant statement in relation to Shirt Shop wants to make, it should be addressed to: service@Shirtshop.nl.

(3) Clarification is agreed that such a change nor the other in this agreement set out rights and duties, nor the agreed periods for current performance tables to the detriment of the shop operator concerned. If the shop operator with a change not agree, is termination of the agreement right away at any time possible.

Section 13 Forum Choice - instead of execution - the right choice

(1) Place of execution for all supplies is the seat of Shirt Shop in Groningen

(2) Where in the shop operator is a merchant within the meaning of the Dutch Commercial Code;.), A public entity or a public power separated

Groningen is the court jurisdiction to take. Shirt Shop has in this case include the right to choose to submit the dispute to the court of the residence of the shop operator. The same is true with or without regard to the shop operator no forum in the Netherlands generally has jurisdiction, after the conclusion of the agreement are domiciled or habitually resident abroad has shifted or his residence or his habitual residence at the time of setting the claim is unknown.

(3) The agreement, concluded in accordance with the arrangements set out in these terms and conditions and supply conditions, is subject only to the law of the Netherlands. The effect of the UN-emption is excluded. To the consumer shop operator within the meaning of Section 13 BGB and has his habitual residence abroad, the mandatory provisions of law which is unaffected.

(4) Where individual provisions of these terms and conditions are void, or in conflict with the legislation late, the contract for the remaining unaffected.