General terms and Conditions
- Scope of application
1.1 Our offers, services and deliveries are made exclusively on the basis of these terms and conditions. At the latest with the acceptance of the goods or service, these terms and conditions shall be deemed accepted. Counter-confirmations with reference to own terms and conditions are hereby expressly contradicted.
1.2 Written individual agreements are in accordance with these terms and conditions.
2.1 Our offers are always subject to confirmation and non-binding.
2.2 Technical and design deviations of descriptions and information in brochures, catalogues and written documents as well as changes in the course of technical progress are reserved, without any rights against us being derived therefrom.
2.3 In case of production of samples for which there is no order within 2 weeks, all production costs and production costs are charged.
2.4 offers will be submitted only after receipt of a extract from the commercial register or commercial reference.
2.5 offers are valid as long as the stock lasts. Subject to change and error.
3.1 All prices are from the seat Lörrach. Conflicting agreements must be confirmed in writing.
3.2 Price indications, which are identifiable exclusively to commercial customers, are in doubt excl. The legal value added tax.
3.3 In the case of initial orders, a deposit of 30% gross of the purchase price is due upon conclusion of the contract.
- Time of delivery and performance
4.1 The dates and deadlines mentioned by us are non-binding unless otherwise expressly agreed in writing.
4.2 All delivery promises and dates are subject to correct and timely self-delivery. Partial deliveries are permissible.
4.3 delays in delivery and performance due to force majeure and/or due to events that make our performance considerably more difficult or impossible, e.g. Malfunctions, strikes, material procurement difficulties, official orders, etc. Authorize us to postpone the delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw wholly or partially from the contract due to the part not yet fulfilled.
- Warranty and Liability
5.1 The customer shall immediately inspect the goods and notify any apparent defects in writing at the latest within a period of 7 days after receipt at the destination.
5.2 Shades may differ due to different types of dye or lots and cannot be claimed as a deficiency. Products with company logo or modified goods as well as special designs are excluded from the exchange.
5.3 Sample consignments are calculated and can only be returned after a separate agreement.
5.4 We accept any return (not non-free!) of new and original packaged goods; Excluding goods which are excluded from the exchange, such as Socks – if our delivery is no longer than 14 days, then only after express agreement. After processing the return, you will receive a credit memo for the calculated value of the goods less 15% processing costs, but at least 15.00 EUR per original delivery. Shipping and handling costs will not be credited.
- Retention of title
6.1 We reserve the right to the ownership of the delivered goods until the full payment of all receivables and still arising claims, irrespective of the legal basis.
6.2 The customer is entitled to process and sell the reserved goods in the course of proper business transactions as long as he is not in default. Pledging or transfer of security is not permitted. The customer shall already take full account of the claims arising from the resale or any other legal basis relating to the reserved goods. We authorize the customer in a revocable manner to collect the claims assigned to us for his invoices in his own name. At our request, the customer must disclose the assignment and provide the necessary information and documents.
6.3 In case of access by third parties to the reserved goods, in particular with attachment, the customer has to point out our property and notify us immediately. The customer shall bear the costs incurred.
6.4 In case of breach of contract by the customer, especially in the case of late payment, we are entitled to withdraw the reserved goods at the customer's expense or to demand assignment of the customer's claim against third parties if necessary. The withdrawal or attachment of the reserved goods by us shall not be deemed to be withdrawn from the contract, unless the payment law applies.
7.1 Unless otherwise agreed, our invoices are due immediately for payment without deduction.
7.2 We are entitled, in spite of other provisions of the customer, to first credit payments to his older debt. If costs and interest have already been incurred, the payments are to be credited to the costs, then to the interest and finally the main claim.
7.3 If the customer is in default, we shall be entitled to calculate from the relevant date from interest in bank-standard amount, but at least 5% above the respective discount rate of the German Bundesbank.
7.4 If the customer does not comply with his payment obligations in accordance with the contract or if he makes his payments, or if we are aware of other circumstances which question the creditworthiness of the customer, we shall be entitled to charge the entire
Debt, to demand advance payments or to make guarantees.
7.5 The customer is to offset, withhold or reduce, even if
Complaints or counter-claims are only justified if we expressly agree or if counterclaims are legally established.
- Place of performance and jurisdiction
8.1 Place of performance is Lörrach.
8.2 As the place of jurisdiction is agreed as Lörrach. We are, however, entitled to sue at the customer's seat as an option.
8.3 The law of the Federal Republic of Germany shall apply exclusively. The application of the UN sales law is expressly excluded.
- Final PROVISIONS/severability clause
If individual provisions are or become void, ineffective or countervailable, they shall be interpreted or To add that the intended economic purpose is attained as accurately as possible in a legally permissible manner; The remaining provisions remain unaffected. This also applies to gaps that need to be supplemented.