Conditions of Use

§1 General, scope of application

1. These General Terms and Conditions of Sale (AGB) apply to all business relations with all our customers, even if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. The general terms and conditions in their current version also apply as a framework agreement for future contracts for the sale and/or delivery of movable goods with the same buyer, without us having to refer to them again in each individual case.
2. Our GTC apply exclusively. Individual agreements entered into with you in individual cases (including ancillary agreements, supplements and amendments) shall only take precedence over these General Terms and Conditions of Business if they have been confirmed by us in writing.
3. Legally relevant declarations and notifications which are to be made to us by you after conclusion of the contract (e. g. setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be made in writing in order to become effective.
4. References to the validity of legal regulations have only clarifying meaning. Therefore, even without such clarification, the statutory provisions shall apply to the extent that they are not directly amended or expressly excluded in these General Terms and Conditions.

§2 Conclusion of contract, calculation, prices and terms of payment

1. Our offers are subject to confirmation and non-binding. This shall also apply if we have provided you with catalogues, other product descriptions or documents - also in electronic form - in which we reserve the right of ownership and copyrights. Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply, ex warehouse, plus statutory value added tax.
2. The order of the goods by you is considered a binding contract offer.
3. Acceptance takes place by order confirmation (in writing or by email) or by delivery of the goods to you.
4. Unless expressly agreed otherwise, the invoice will be sent by email as a PDF attachment. The invoice date is the date of delivery of the goods. The purchase price is due from the date of invoicing; instead of the usual payment conditions, we are also entitled to deliver by cash on delivery, prepayment or other terms of payment to be agreed upon with you.
5. You will be in default with the expiry of the aforementioned payment period. The purchase price shall bear interest at 10% p. a. during the period of delay.
   For the second reminder, dunning charges of 2.50 EUR will be charged,
   for the third party reminder fees of 5.00 EUR,
   for the fourth reminder in the amount of 10.00 EUR.
   After the 4th reminder, the receivables are transferred to a collection company. The resulting additional costs are your responsibility
6. f it becomes apparent after conclusion of the contract that our claim to the purchase price is endangered by a lack of the buyer's ability to pay (e. g. by an application for the opening of insolvency proceedings), we are entitled to refuse performance and to withdraw from the contract (§ 321 BGB[German Civil Code]). In the case of contracts for the manufacture of unjustifiable items (custom-made products), we can declare our withdrawal immediately; the statutory provisions governing the dispensability of setting a deadline remain unaffected.

§3 Shipping costs

1. Deliveries are made with a carrier of our choice. Shipping costs for orders that are not generated via the online shop will be charged at a flat rate of 6.90 EUR per carton.
2. For orders via the online shop will be delivered free of charge. This applies to deliveries within Germany and Austria (except for islands) in the standard service.
3. The shipping costs include all costs for packaging, delivery papers and normal shipping and delivery costs. If delivery is to or must be made by express, courier or comparable services in order to meet a delivery date agreed in writing, the additional costs incurred for this purpose shall be borne by you.

§3.1 Shipping costs for subsequent deliveries

1. If, due to the available quantities shown in the webshop, it is already apparent to the customer at the time of placing the order that the entire quantity ordered is not immediately available and if the customer expressly wishes partial deliveries, a partial delivery will be made in Germany and Austria at the customer's expense.

§4 Set-off; right of retention

1. You are only entitled to set-off against our claims if your counterclaims have been legally established, we have acknowledged them or if your counterclaims are undisputed. This shall also apply if you assert claims for defects or counterclaims. However, as a buyer you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§5 Delivery period and delay in delivery

1. The delivery dates or deadlines are exclusively non-binding information, unless these have been expressly agreed between you and us as binding.
2. The occurrence of a delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, you must send a reminder.
3. If we culpably fail to comply with a period expressly agreed as binding or if we are in default for any other reason, you must grant us a reasonable period of grace to effect our performance. If we allow this period of grace to expire fruitlessly, you are entitled to withdraw from the purchase contract.
4. If we are unable to comply with binding delivery periods for reasons for which we are not responsible (non-availability of the service), we will inform you immediately and at the same time inform you of the expected new delivery period. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall reimburse any consideration already rendered without delay.
5. If the delay in delivery is due to a culpable breach of an essential contractual obligation or to a culpable breach of an obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and which you as the purchaser may regularly rely on, and if we are responsible for this breach of duty, we shall be liable in accordance with the statutory provisions. In the case of simple negligence, however, our liability is limited to the foreseeable and typically occurring damage.

§6 Delivery, transfer of risk, acceptance, default of acceptance

1. Delivery shall be made ex warehouse, where the place of performance is also. At the buyer's request, the goods will be shipped to another place of destination (sale by mail order). We are entitled to partial deliveries and partial services at any time, if this is reasonable for you.
2. The risk of accidental loss and accidental deterioration of the goods shall pass to the freight forwarder, carrier or any other person or institution designated to carry out the shipment upon delivery of the goods. Insofar as acceptance has been agreed, this is decisive for the passing of risk. In all other respects, the statutory provisions of the law on contracts for work and services shall apply accordingly to an agreed acceptance. It is equivalent to handover or acceptance if the buyer is in default of acceptance.
3. If you are in default of acceptance, fail to cooperate or if our delivery is delayed for other reasons for which you are responsible, we shall be entitled to demand compensation for the resulting damage, including additional expenses (e. g. storage costs).

§7 Retention of title

1. Until complete payment of all our present and future claims arising from the purchase contract and an ongoing business relationship (secured claims) has been made, we reserve title to the goods sold.

§8 Colour designations and size specifications

1. The colour names and sizes given in our publications (catalogue, Internet etc.) are not subject to any standards. It is not possible to draw conclusions about certain dimensions or colour concepts on the basis of this information.

§9 Warranty claims of the buyer

1. Insofar as the delivered item does not have the quality agreed upon between you and us, or if it is not suitable for the purpose assumed in accordance with our contract or for general use, we shall be obliged to remedy the defect. This does not apply if we are entitled to refuse subsequent performance on the basis of statutory regulations. You must grant us a reasonable period of time for subsequent performance
2. Your warranty claims presuppose that you have complied with your statutory inspection and notification obligations (§§ 377,381 HGB). Complaints must be addressed to us in writing without delay, at the latest within 3-4 working days - in the case of hidden defects immediately after becoming known. Before refining (embroidering, printing or similar) the goods must be inspected for any defects by you or the refining company.
3. Complained goods must be made available to us at an agreed time and place. If the goods have already been forwarded or distributed to several recipients, the costs for compiling the rejected goods shall not be borne by us.
4. Subsequent performance shall be effected at your discretion by rectification of the defect (repair) or delivery of a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If we have tried to remedy the defect three times in vain, this shall be deemed to have failed. If the rectification of defects has failed, you are entitled to reduce the purchase price or withdraw from the contract at your discretion.
5. You can only assert claims for damages due to a defect if the subsequent performance has failed. Your right to assert further claims for damages under the following conditions remains unaffected.

§10 Other liability

1. Insofar as nothing else arises from these General Terms and Conditions, including the following provisions, we shall be liable for a violation of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
2. We shall be liable for damages - irrespective of the legal basis - in the event of intent and gross negligence. In the case of slight negligence we are liable only for
   • for damages resulting from injury to life, limb or health,
   • for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose observance the contractual partner regularly relies and may trust); in this case, however, our liability is limited to the replacement of the foreseeable, typically occurring damage.
   • The limitations of liability resulting from paragraph 2 shall not apply if we have fraudulently concealed a defect or if we have assumed a guarantee for the quality of the goods. The same applies to claims of the buyer according to the product liability law.
   • Due to a breach of duty that does not consist of a defect, the buyer can only withdraw from the contract or terminate the contract if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651,649 BGB) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.

11 Goods - Returns

1. The return of unaltered goods in mint condition shall be accepted under the conditions set out in paragraphs 3 and 4 if the delivery has not been made more than four weeks in advance. Shirts and blouses packed individually at the factory cannot be taken back after unpacking. Customer-finished goods will not be taken back unless the goods have a hidden defect which could not be detected prior to refinement. Please note § 9, paragraph 2 of these sales conditions.
2. The return shipment must be accompanied by the goods return note. Returns without this note cannot be processed. In the case of a joint return of goods from several deliveries, the goods within the consignment must be divided in such a way that a clear assignment to the respective original delivery is possible. For each delivery note number a separate goods return note is required.
3. If the reason for the return is a supplier error, we will collect the goods from you. The collection can be requested by telephone, fax or email. It is also possible for you to return the goods. The costs for the return shipment shall be borne by us, provided that they do not exceed the costs of a collection. After processing the return, you will receive a credit note for the value of the goods including all shipping costs without deduction.
4. If there is no supplier error, please send us the goods with the return note or the return note. In this case, after processing the return, you will receive a credit memo for the value of the goods less 25% handling costs, but at least less 5.00 EUR per original delivery. Shipping costs will not be credited in this case. If, in exceptional cases, we also take back unpacked shirts and blouses, contrary to the provisions of paragraph 1, the handling costs for these articles amount to 50%.

§12 Limitation period

1. The reciprocal claims of the contracting parties shall be time-barred in accordance with the statutory provisions, unless otherwise stipulated below.
2. Deviating from § 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material defects and defects of title is one year from delivery. Insofar as acceptance has been agreed, the limitation period shall commence upon acceptance.
3. This shall not affect the statutory special provisions for material claims for restitution by third parties (Section 438 (1) No. 1 of the German Civil Code), for claims in supplier recourse (Section 479 of the German Civil Code) as well as for claims for damages referred to in Section 10 (2) and (3). In these cases, the statutory limitation provisions shall apply exclusively.

§13 Copyright

1. As the client, you are solely liable if rights, in particular copyrights of third parties, are infringed by the execution of your order. You shall indemnify the contractor from all claims of third parties due to such infringement.

§14 Choice of Law and Jurisdiction

1. These GTC and all legal relations between us and you shall be governed by the law of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. Prerequisites and effects of the retention of title in accordance with § 6 are, however, subject to the law at the respective storage location of the goods, insofar as the choice of law in favour of German law is inadmissible or ineffective.
2. If the buyer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business. However, we shall also be entitled to institute legal proceedings at the Buyer's general place of jurisdiction.

§15 Severability clause

1. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, or should they contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective legal regulations.