General Terms and Conditions

§1 Scope

1. All offers, deliveries, and services provided by the Seller are subject exclusively to these Terms and Conditions. These Terms and Conditions also apply to all future transactions, even if they are not expressly agreed again and even if the Buyer expressly refers to its own delivery and payment terms or contradicts those of the Seller, or if previously deviating Terms and Conditions existed. The Buyer's Terms and Conditions are hereby expressly rejected.

2. Deviations from these Terms and Conditions are only valid if the Seller confirms them in writing.

3. These Terms and Conditions are deemed accepted upon receipt of the goods or services at the latest.

§2 Conclusion of Contract

1. Offers from the Seller are subject to change and non-binding. An order is a binding offer and can be accepted, at the Seller's discretion, with a delivery or an order confirmation within 8 days. Additions or ancillary agreements must be made in writing. Deviations from this written form requirement can also only be made in writing.

2. Seller's employees are not authorized to enter into any oral or written collateral agreements or representations.

3. Drawings, illustrations, Measurement, weights, or other performance data are non-binding or taken from manufacturer specifications.

§3 Prices

1. Any quoted or confirmed prices are valid for 8 days, unless unforeseeable changes occur, e.g., in sales tax, import and export duties, exchange rates, insurance and/or war insurance premiums, or price increases by suppliers. These changes are then at the buyer's expense. All prices are net and are charged plus statutory VAT.

2. The prices at the time of the order apply. The validity period of limited-time offers can be found where they are displayed in the shop. Despite careful stock management, it may happen that a promotional item is sold out or out of stock sooner than expected. We therefore do not offer a delivery guarantee. "While stocks last."

3. These prices for deliveries and services are ex-works in Muehlheim am Main and are not subject to discount unless otherwise stated.

§4 Deliveries and Services

1. Delivery dates are non-binding, but the seller will endeavor to meet them unless prevented from doing so by exceptional circumstances such as government orders, strikes, lockouts, foreign exchange restrictions, war, fire, blockades, energy shortages, etc. Confirmed delivery dates from suppliers will also be passed on without obligation. The seller is entitled to postpone these dates for the duration of the disruption and a reasonable period of time, or to withdraw from the contract in whole or in part.

2. If the disruption lasts longer than 3 months, the seller is entitled to withdraw from the unfulfilled part of the contract in whole or in part. If the delivery time is extended or the seller is released from its obligation, the buyer cannot claim any damages.

3. If the seller withdraws from the contract due to the unavailability of the goods/services, the seller will inform the buyer immediately and refund the buyer's consideration.

4. If the seller is unable to meet the binding delivery dates due to its own fault, the buyer is entitled to 0.5% for each completed week of delay, but not more than 5% of the total invoice value.

5. If the buyer is unable to accept the goods or services immediately, for whatever reason, all resulting costs shall be borne by the buyer.

6. The seller is entitled to make partial deliveries and services at any time.

7. Orders to the seller for further processing and finishing of the goods shall be entirely at the buyer's risk, especially if third parties are involved in this transaction.

§5 Color Names and Size Information

1. The color names and size information provided in our publications (catalog, internet, etc.) are not subject to standards. The same applies to the size information on textile labels. Conclusions about specific dimensions or generally accepted color concepts are not guaranteed.

§6 Transfer of Risk

1. The risk passes to the buyer upon handover to the person carrying out the transport. If shipping becomes impossible, the risk passes to the buyer upon notification of readiness for shipment. The place of performance is Muehlheim am Main, even in the case of return due to cancellation or rescission of the purchase contract.

§7 Warranty and Defects

1. The buyer must immediately inspect the goods for defects, completeness, and accuracy, especially if the goods are to be resold, printed, embroidered, or otherwise processed. The buyer is obligated to notify the seller of any defects in writing within 8 days of receipt of the goods. The notification must precisely state the nature and extent of the non-conformity. Hidden defects must be reported in writing immediately upon discovery, but no later than 6 months after receipt of the goods.

2. In the event of defects, the seller is entitled, at its discretion, to repair them or provide replacements. If this is not possible, it may also withdraw from the contract in whole or in part.

3. If this repair also fails, the buyer may, at its discretion, demand a reduction in the price or cancellation of the contract with regard to the defective goods, but not with regard to the properly delivered goods.

4. Warranties under sections 1-3 apply only to the buyer, are non-transferable, and expire after 6 months.

5. The seller expressly cannot be held liable for faulty workmanship on the goods by third parties (e.g., printing, embroidery). Such defects must be reported to the seller in writing immediately upon receipt of the goods. In the case of legitimate defects resulting from further processing, the seller may pass these on to the third party and will inform the buyer of this and provide replacement cables if necessary. The buyer is aware of this and hereby expressly confirms this.

6. Warranty claims are fully regulated by the above-mentioned clauses and exclude any claims of any kind by the buyer, to the extent permitted by law.

§8 Retention of Title

1. The seller retains title to the goods until all payments (including any balances from current accounts) arising from the business relationship have been received.

2. The buyer is entitled to process and sell the goods in the course of business as long as he is not in default of payment. This also applies to any other invoices arising from the business relationship with the seller. However, the buyer is obligated to inspect these goods for defects in accordance with §6, 1). After processing the goods, resale or reduction of the purchase price is excluded. Pledges or transfers of ownership by way of security are not permitted.

3. The buyer hereby assigns to the seller any claims arising from the resale or other legal grounds in the amount of the invoice value of our claim.

4. The claim may be collected by the buyer himself or by the seller, at the seller's discretion. The buyer is obligated to inform third parties of the security interest in the goods until full payment of the goods.

§9 Payment

1. Unless otherwise agreed, all invoices are payable net within 10 days of invoicing.

2. The seller is entitled, despite any contrary provisions of the buyer, to initially offset payments against the buyer's older debts. The buyer will be informed of this immediately. Payments will initially be offset against other costs and interest.

3. Payment is only deemed to have been made when the seller has access to the funds (bills of exchange after their due date). If the buyer is in default, the usual bank interest rate for current account overdrafts may be charged.

4. The buyer is only entitled to offset undisputed or legally established claims; this also applies to notices of defects.

5. If the buyer becomes aware of circumstances that call into question the buyer's creditworthiness, in particular if a payment promise is not kept or the buyer defaults, the seller is entitled to demand payment of the entire remaining debt, even if it would not yet be due according to the payment terms. In this case, the seller is entitled to demand security.

§10 Limitation of Liability

1. Claims for damages arising from positive breach of contract, negligence upon conclusion of the contract, and tort are excluded against both the seller and its vicarious agents, unless intentional or grossly negligent conduct is involved. This also applies to claims for damages due to non-performance, but only to the extent that compensation is sought for indirect or consequential damages. Claims for damages due to at least negligent injury to life, body, or health remain unaffected.

2. Any liability is limited to the damage foreseeable at the time the contract was concluded.

§11 Applicable Law, Final Provision

1. The law of the Federal Republic of Germany also applies to every contract and all legal relationships. The place of jurisdiction for all disputes is Offenbach am Main. However, the seller may, at its discretion, also assert its claims at the defendant's place of residence.

2. The provisions of the Uniform Sales Act do not apply.

3. Should any provision in these business relationships or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions and agreements.