Terms and Conditions
1. Scope
These Terms and Conditions apply to all orders placed through the online shop of JacketMoment.
Our online shop is intended primarily for consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
By placing an order in our online shop, you agree to these Terms and Conditions.
2. Contracting Party
The contract is concluded with:
JacketMoment
Dr. Armin Eggert
Sole Proprietor
Eichendorffweg 1
52064 Aachen
Germany
Email: info@jacketmoment.com
3. Products
JacketMoment offers shirts, shirt vouchers and individually configurable shirt products.
Product images, design previews and generator previews are for illustration purposes. Slight deviations in colour, print position, size impression, fabric appearance or display may occur, especially because screen displays vary depending on the device and settings used.
For individually configured shirts, the final product is produced based on the customer’s selected design, size, fit, icons, text, layout, print areas and other configuration choices.
The Shirt Generator preview is a digital visualisation and does not constitute a binding colour proof. Depending on fabric structure, printing process, sewing tolerances, pattern placement, screen settings and the shape and size of the shirt, the finished product may differ slightly from the preview in colour, scale, positioning, sharpness, cropping and alignment.
Motifs may be shifted or cut at seams, edges and transitions. Minor production-related deviations that are customary and reasonable do not constitute a defect. This does not apply where the finished product materially deviates from the confirmed configuration or is otherwise defective under statutory law.
4. Shirt Vouchers
JacketMoment may offer Shirt Vouchers.
A Shirt Voucher entitles the customer to redeem the voucher for one individually configured JacketMoment shirt once the Shirt Generator is available, subject to the specific conditions stated on the relevant product or campaign page.
The exact content of the voucher, including any price advantage, redemption process, campaign target, redemption period or voluntary refund promise, is stated on the relevant product page.
If a campaign states that a minimum number of voucher sales is required before the Shirt Generator is unlocked, the applicable conditions and any voluntary refund promise will be explained on the product or campaign page.
Unless expressly stated otherwise, a voucher does not constitute a claim to immediate delivery of a finished shirt before the Shirt Generator is available and the customer has completed the individual configuration.
5. Shirt Generator and Personalized Products
Customers may configure their shirt individually using the Shirt Generator.
The customer is responsible for checking the selected size, fit, design, layout, print areas, text, spelling, icons and all other configuration details before submitting the final configuration.
Once the customer submits an individual shirt configuration for production, the shirt is made according to the customer’s individual choices and is therefore a personalized product.
Personalized products may be excluded from the statutory right of withdrawal as described in our Right of Withdrawal.
This does not affect statutory rights in the event of defects.
6. Conclusion of Contract
The presentation of products in our online shop does not constitute a legally binding offer, but an invitation to place an order.
You can place products in the shopping cart and review your order before submitting it. By clicking the final order button in the checkout, you submit a binding offer to purchase the selected product.
After placing an order, you will receive an automated order confirmation by email. This confirmation documents that we have received your order.
The purchase contract is concluded when we accept your order, for example by sending an order confirmation, payment confirmation, voucher confirmation, production confirmation or shipping confirmation.
We reserve the right to reject an order before acceptance if fulfilment is not possible or reasonable, including in cases of product unavailability, technical errors, obvious pricing errors, suspected fraud or misuse, or where submitted customer content appears unlawful, infringes third-party rights or violates these Terms.
Where an order has already been accepted and customer content is subsequently found to violate these Terms, we may suspend production, request evidence of the necessary rights, request a replacement design or cancel the affected order where continuation of the contract would be unlawful or unreasonable.
Before cancelling an order, we may give the customer a reasonable opportunity to provide evidence of the necessary rights or to submit a compliant replacement design, unless the content is manifestly unlawful, production has already started or immediate cancellation is otherwise justified.
7. Prices, VAT and Payment
All prices are final prices plus any applicable shipping costs.
Due to the application of the small business regulation under Section 19 of the German VAT Act, we do not charge VAT and do not show VAT separately on invoices.
Shipping costs, if applicable, are shown separately before the order is completed.
Payment is processed through the payment methods offered in the Shopify checkout. Depending on availability, these may include:
Shopify Payments
Credit card
PayPal
Klarna
Apple Pay
Google Pay
The available payment methods may vary depending on country, order value and checkout settings.
8. Shipping, Delivery and Production Times
For physical products, delivery is made to the delivery address provided by the customer.
Shipping costs, available delivery countries and estimated delivery times are shown in the online shop, on the Shipping and Delivery page or during checkout.
Delivery times are estimates unless expressly stated otherwise.
For personalized shirts, the total delivery time may include production time and shipping time. Production starts only after the customer has submitted the final configuration and payment has been completed.
For Shirt Vouchers, delivery may be made digitally by email or by order confirmation, unless otherwise stated on the product page.
If delivery of physical goods fails because the customer provided an incorrect or incomplete delivery address, additional costs may be charged to the customer where legally permissible.
9. Right of Withdrawal
Consumers have a statutory right of withdrawal.
Details are set out in our separate Right of Withdrawal.
For Shirt Vouchers, the right of withdrawal applies as described in the Right of Withdrawal, provided that the voucher has not yet been redeemed and no statutory exception applies.
For personalized products that are not prefabricated and are manufactured based on the customer’s individual selection, specifications or personal requirements, the statutory right of withdrawal may be excluded.
The exclusion of the right of withdrawal does not apply merely because the customer has used the Shirt Generator. The customer will be informed separately before placing the order where no statutory right of withdrawal exists for the configured product.
Statutory rights in the event of defective goods remain unaffected.
10. Retention of Title
The goods remain our property until full payment has been received.
11. Statutory Warranty Rights
The statutory warranty rights apply.
If a product is defective, the customer is entitled to the statutory rights available under applicable law.
A separate commercial guarantee applies only if expressly stated on the product page or in a separate guarantee statement.
12. Customer Content, Upload Rights and Design Review
If customers upload, submit or use their own images, icons, illustrations, names, text, logos, photographs or other design elements in the Shirt Generator, they are responsible for the content they provide.
By submitting customer content, the customer confirms that:
- they created the content themselves or hold all rights and permissions required for its intended use;
- the content may lawfully be reproduced, adapted, printed and processed for fulfilment of the order;
- the content does not infringe copyrights, trademarks, design rights, personality rights, image rights or other rights of third parties;
- where identifiable persons are depicted, all necessary consents have been obtained;
- the content does not violate applicable law or these Terms.
Customers may not submit content that is:
- unlawful or infringes third-party rights;
- extremist, terrorist or intended to promote prohibited organisations;
- hateful, discriminatory, dehumanising or inciting violence against persons or groups;
- defamatory, threatening or harassing;
- pornographic or depicting sexual exploitation;
- depicting or promoting serious violence, abuse or criminal conduct;
- misleadingly presented as an official logo, endorsement or affiliation;
- otherwise unsuitable for production where printing or supplying it would expose JacketMoment or its production partners to legal liability.
Political, religious or satirical content is not prohibited merely because it expresses a political, religious or controversial opinion. It may nevertheless be rejected where it is unlawful, discriminatory, incites hatred or violence, infringes third-party rights or otherwise falls within the prohibited categories above.
We may review customer content manually or technically before production. Such review does not transfer responsibility for the content to JacketMoment and does not constitute confirmation that the content is free from third-party rights.
If concerns arise, we may:
- request evidence of rights or permissions;
- request a modified or replacement design;
- pause production while the matter is clarified;
- reject individual content elements;
- cancel the affected order where production would be unlawful, unreasonable or contrary to these Terms.
If the customer provides a compliant replacement design within the period specified by us and production has not yet started, the order may be continued using the replacement design.
If an order is cancelled because the customer culpably submitted prohibited or rights-infringing content, JacketMoment may deduct or retain reasonable costs already incurred as a direct result of the order and its review, file processing, design preparation, production setup or commenced production.
The amount retained will not exceed the actual loss and expenses incurred and will not exceed the total price paid for the affected product. The customer remains entitled to prove that no loss occurred or that the actual loss was substantially lower.
Any remaining amount will be refunded using the original payment method without undue delay.
If no costs have been incurred, or if the cancellation was not caused by a culpable breach by the customer, the amount paid for the cancelled product will be refunded in full.
Further statutory claims, including claims arising from infringement of third-party rights, remain unaffected.
We may preserve relevant order and upload information where reasonably necessary to investigate a complaint, defend legal claims or comply with legal obligations. Further information can be found in our Privacy Policy.
13. Intellectual Property and Library Icons
All content of the online shop, including texts, images, graphics, product photographs, generator layouts, logos, trademarks and software elements, is protected by intellectual property rights.
The names JacketMoment, Happy Sleeves and related brand elements may not be used without prior written permission.
The Shirt Generator contains library icons based on Noto Color Emoji by Google and contributors. These icons are made available under the applicable open-source licence stated on our Icon Sources and Licences page.
The inclusion of a library icon in the Shirt Generator does not grant customers ownership of that icon, any associated trademark or any third-party brand rights.
Customers receive the right to use the selected design as part of the product ordered from JacketMoment, subject to the applicable licence terms.
Certain symbols, names, flags, logos or designs may also be protected independently by trademark, personality, design or other rights. Customers remain responsible for ensuring that their intended commercial, public or promotional use is lawful.
Customers may use the Shirt Generator only for lawful personalization and ordering purposes.
Scraping, bulk extraction, redistribution, resale or creation of a competing icon library from the Generator content is prohibited unless expressly permitted by the applicable open-source licence or by JacketMoment in writing.
Detailed source, version and licence information for third-party icon assets is provided on the Icon Sources and Licences page.
14. Liability
We are liable without limitation for damages caused intentionally or by gross negligence.
We are also liable without limitation for damages resulting from injury to life, body or health, and in cases of mandatory statutory liability, including liability under the German Product Liability Act.
In cases of slight negligence, we are liable only for breaches of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.
In such cases, liability is limited to the foreseeable damage typical for this type of contract.
Any further liability is excluded to the extent permitted by law.
The customer is liable in accordance with statutory law for culpable infringements of third-party rights caused by customer content submitted by them.
This may include reasonable costs of examining and defending justified third-party claims, provided that JacketMoment informs the customer without undue delay and gives the customer a reasonable opportunity to participate in the defence where appropriate.
No obligation to indemnify exists to the extent that the customer is not responsible for the infringement.
15. Data Protection
Information on the processing of personal data, including data submitted through the Shirt Generator, can be found in our Privacy Policy.
16. Consumer Dispute Resolution
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
17. Applicable Law
German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If you are a consumer and have your habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected.
18. Changes to These Terms
We may update these Terms and Conditions from time to time.
The version available at the time of the order applies to the respective order.
19. Contact
If you have any questions about these Terms and Conditions, please contact us:
JacketMoment
Dr. Armin Eggert
Eichendorffweg 1
52064 Aachen
Germany
Email: info@jacketmoment.com