Terms of service
Terms and Conditions (T&Cs) – fcksmalltalk (September 5, 2025)
1. Scope
These Terms and Conditions (T&Cs) apply to all orders placed by consumers (§ 13 BGB) via the online shop fcksmalltalk.com
2. Contractual partner
The purchase contract is concluded with:
fcksmalltalk
Schlossbergring 6, 79098 Freiburg im Breisgau, Germany
Email: info@fcksmalltalk.com
3. Conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.
By clicking on the “Buy now” button, the customer submits a binding order.
The contract is concluded as soon as we accept the order by sending an order confirmation by email.
4. Prices & Shipping Costs
All prices are in US dollars and include sales tax.
Shipping costs are shown during the ordering process.
Production and delivery are handled by third-party providers (e.g., Printful). Shipping costs are also determined by third-party providers.
Any customs or import fees are the responsibility of the customer.
5. Delivery & Production Time
Our products are manufactured individually on demand after receipt of order.
The delivery time is usually 7–14 business days.
Delays due to force majeure, supply chain problems, or strikes are beyond our control.
6. Right of withdrawal
Consumers have a 14-day right of withdrawal.
Exception: There is no right of withdrawal for goods that are manufactured according to customer specifications or clearly tailored to personal needs (e.g., printed hoodies and shirts).
For details, see the withdrawal policy.
7. Returns & complaints
Returns are excluded, except in cases of defects or incorrect deliveries.
In these cases, a replacement delivery or refund is possible
8. Payment methods
Payments can be made via:
Shopify Payments (credit card, Klarna, Sofort, Apple/Google Pay)
PayPal
The respective terms and conditions of the providers apply. Fcksmalltalk is not responsible for damages caused by third-party providers.
9. Liability
We are only liable without limitation for intent and gross negligence.
In cases of slight negligence, we are only liable for damages resulting from injury to life, limb, or health, as well as for the breach of essential contractual obligations (cardinal obligations).
In the event of a breach of essential contractual obligations, liability is limited to the foreseeable damage typical for this type of contract.
We are not liable for damages caused by third-party providers.
10. Use of the brand & responsibility of third parties
We are not responsible for the behavior of persons who wear our products or represent our brand in any form who have not been explicitly commissioned by us to do so.
We are only responsible for content, products, and advertising that we ourselves publish or provide.
Any misuse of our brand, products, or slogans by third parties is beyond our responsibility.
11. Content, quotations, and intellectual property rights
Some of our designs contain general statements or quotations. These serve exclusively as artistic design elements and for awareness purposes.
We do not guarantee the accuracy, completeness, or copyright freedom of such statements, but we endeavor to use only freely usable, generally accessible, or self-formulated content.
Should a third party assert any infringement of rights, we undertake to review the content immediately and, if necessary, remove or adapt it.
12. Retention of title
The goods remain our property until full payment has been received.
13. Warranty
The statutory warranty rights apply. See cancellation policy (print on demand).
14. Place of jurisdiction & applicable law
The law of the Federal Republic of Germany applies. For consumers within the EU, the mandatory consumer protection provisions of their country of residence apply. The place of jurisdiction for disputes with entrepreneurs is Freiburg im Breisgau.
15. Online dispute resolution
The EU Commission provides a platform for out-of-court online dispute resolution: https://ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.