Terms of Business
1. All quotations shall be subject to our terms of business. Orders shall be accepted on the basis of these conditions only. The customer’s terms of business terms deviating from our terms of business shall only be binding, if they have been expressly accepted by us in writing.
2. By placing an order or accepting deliveries, the customer shall accept our terms of business, not only for that individual order, but also for all subsequent orders.
3. Offers shall always be non-binding. A contract shall be made only after acceptance of the order by our company. Verbal side agreement or undertakings as well as agreements made with our field service must be confirmed by us in writing. Samples, images, drawings and measures included in the quotation shall only be approximately binding.
4. We shall be entitled to cancel the contract, if implementation of the contract involves insurmountable difficulties or if the order value is not profitable in a commercial sense. In addition, we shall be entitled to cancel the contract, if the creditworthiness of the customer appears to be dubious.
5. Partial deliveries can be made and shall be invoiced individually. Each partial delivery shall be regarded as an individual business transaction.
6. The delivery period shall begin with the date the order was received by our company, unless a binding date was agreed between the parties.
7. If the delivery date is delayed by events outside of our control, in particular by force majeure, unavailable goods, transport obstacles, export restrictions, problems caused by authorities, industrial action, etc., the delivery period shall be extended by the period of the impediment. The customer may set us in delay of delivery and cancel the contract, if he agreed to an extension period of at least 8 weeks in writing before. The customer may not request us to pay any compensation for damage arising from the delay of delivery.
8. We shall be notified of complaints regarding the delivered goods as well as of visible defects in writing immediately within 10 days. After cutting, embroidering, printing or other processing of the delivered goods that has already been initiated, cancellation shall no longer be possible. Customary or minor, technically unavoidable deviations from quality, colour, width or weight of the material or the design cannot be objected. We shall not be liable for loss of profit, damage, expenses or subsequent damage of any kind resulting from or in connection with the use of our products. In case of justified claims, the seller shall have the right to remedy or the delivery of faultless replacement in accordance with an agreed deadline.
9. Return deliveries of new, not finished goods shall be possible within 10 days. Shirts and blouses, individually packed at our company, may not be returned after being unpacked. Goods finished by the customer himself cannot be returned, unless the goods reveal hidden defects which were not visible prior to finishing.
9.1 For return deliveries, the return sheet must be enclosed in the delivery. Return deliveries without the return sheet shall not be processed. If goods from several different deliveries are returned in one single return delivery, the goods included in that delivery must be separated in such a way to allow for clear identification of the respective original deliveries. Return deliveries shall be free of charge for us.
If no supplier error was identified, please return the goods with the enclosed return sheet(s). In that case you will receive a credit note on the product value minus a 5% handling charge, minimum 5.00 Euros per original delivery after processing of the return delivery. In that case, we will credit no postage. If we accept the return of unpacked shirts and blouses in exceptional, agreed cases deviating from the provisions mentioned in chapter 9, the handling charges for such items shall amount to 20%.
10. The prices valid at the delivery date shall apply. The prices indicated in the price list or the quotation shall not include the current VAT. Shipping costs shall be charged in addition. For COD shipments, the delivery charged incurred shall be invoiced. Delivery abroad shall be ex works. All customs duties incurred shall be paid by the customer.
11. Invoices shall be due within 14 days with 2% discount, or net after 30 days, unless agreed otherwise. Delayed payments shall be charged with 6% interest above the bank rate. In case of suspension of payment by the customer, we shall have the rights concerning the sorting of the goods in accordance with § 46 of the German liquidation act (Konkursordnung). In addition, all unpaid invoices shall be due immediately. All expenses for non-cash payments shall be borne by the customer. Non-cash payment shall be accepted with reservation, letters of credit only with previous consent and subject to all expenses. In case of new customers, we shall reserve the right of COD delivery.
12. All delivered goods shall remain our property (balance liability provision) until full payment of all, even future claims from the current business relation (for letters of credit and payments by cheque until they have been cashed). The customer shall accept the goods as fiduciary representative of our company. However, he may sell or further process the goods during usual business operations. Any seizure or security transfer of the goods subject to reservation in favour of third parties shall be excluded without our consent. We shall be notified immediately of any seizure of the goods by third parties. By selling the goods subject to reservation to his own customers during usual business operations, the customer shall assign his claim against his customers to us instead of the goods subject to reservation which shall be regarded as already assigned to us right away to the amount of our receivables due (extended reservation of proprietary rights). We undertake to release the assigned claims, if the securities granted to us exceed our claims by 20 %.
13. Place of performance and jurisdiction for all deliveries and service for both parties shall be the competent court at the place of the seller’s registered office. For business transactions to other countries, the laws of the Federal Republic of Germany shall apply to the entire contractual relationship.
14. In accordance with § 23,24,26 and 43 of the Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG), we would like to point out that we will save individual customer data for the respective transaction purpose and order processing, which we shall not disclose to any third parties, unless permitted or required by BDSG or by other legal provisions.
15. A major part of our products are our own developments and our intellectual property. Copying such products is illegal. Disclosure of such intellectual property to third parties without our consent is prohibited.