Terms & Conditions
§ 1 Scope and contractual basis
(1) The following terms and conditions of sale apply to the purchase contract concluded between you as buyer and consumer within the meaning of Section 13 of the German Civil Code (BGB) and us as seller for the delivery of goods.
(2) All agreements made between you and us in connection with the purchase contract result from these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximate.
§ 2 Prices, shipping costs, payment
(1) Our prices include packaging costs and statutory VAT.
(2) Shipping and transport costs are charged at a flat rate of € 6.90 (net) for orders to an address in Germany and not on a German island. For deliveries abroad and to an island, € 35.00 net is due. This also applies to all countries outside DE and AT.
(3) In the event of cancellation in accordance with the cancellation policy set out below, you have to bear the costs of the return if the goods delivered correspond to the goods ordered or if you have not yet made the consideration or a contractually agreed partial payment at the time of the cancellation.
(4) Payment in the online shop is made by cash on delivery or in advance. Any returned direct debits may be billed to you at a cost of EUR 8.50 retrospectively.
(5) If you fall into arrears with your payment, we are entitled to demand interest from this point in time at a rate of 5% above the respective base rate of the European Central Bank (ECB). We reserve the right to prove higher damage.
§ 3 On Bill; Right of retention
You are only entitled to offset against our claims if your counterclaims have been legally established, we have recognized them or if your counterclaims are undisputed. This also applies if you make complaints or counterclaims. As a buyer, however, you may only exercise a right of retention if your counterclaim is based on the same sales contract.
§ 4 Delivery and performance time
(1) Our delivery dates or deadlines are exclusively non-binding information, unless these have been expressly agreed as binding between you and us.
(2) If we culpably fail to meet an expressly agreed binding deadline or if we are in default for any other reason, you must set us a reasonable grace period to effect our performance. If we allow this grace period to pass without result, you are entitled to withdraw from the purchase contract.
(3) Subject to the following restrictions, we are otherwise liable to you in accordance with the statutory provisions if the contract is a firm deal, or if you are entitled to the discontinuation of your interest in the performance of the contract as a result of a delay in delivery for which we are responsible to call.
(4) If the delay in delivery is due to an intentional or grossly negligent breach of duty for which we are responsible, we are liable in accordance with the statutory provisions; Any fault on the part of our representatives or vicarious agents is attributable to us.
(5) If the delay in delivery is based on the culpable breach of an essential contractual obligation or on the culpable breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as the buyer can regularly rely and we are responsible for this breach of duty, we are liable also according to the statutory provisions. In the case of simple negligence, however, our liability is limited to the foreseeable and typically occurring damage.
(6) We are entitled to partial deliveries and partial services at any time, provided this is reasonable for you.
§ 5 Color names and sizes
The color names and sizes given in our publications (catalog, internet etc.) are not subject to any standards. Based on this information, it is not possible to draw conclusions about specific dimensions or color ideas. Even within one brand, different items (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size specification. Especially with so-called slim-fit / body-fit shirts, the size runs do not have to match the unisex items of the same brand. The same applies to women’s and men’s shirts from the same manufacturer. It goes without saying that women’s shirts are cut differently than the corresponding men’s shirts, although the size information is completely identical.
The same color name can look completely different for different brands or different articles of one brand. Unfortunately, this problem cannot be solved by the color bars printed in the catalog. Each printed color bar in the catalog appears differently under different light sources and it is almost impossible to show 100% textile coloring in paper printing.
Deviations in size and color therefore generally do not justify claims for defects. Your right of return remains of course unaffected.
It should also be pointed out that every textile item made of cotton or a cotton-polyester mixture must be washed before being worn for the first time. Due to the (completely harmless and harmless) chemical residues on textiles, if they are worn immediately and unwashed, especially under UV exposure, chemical reactions between body sweat and the residues can occur. The resulting color deterioration persists even after subsequent washes. Complaints or complaints about this are usually excluded.
§ 6 Rights in the event of defects
(1) If the delivered item does not have the quality agreed upon between you and us, or if it is not suitable for the use required by our contract or for general use, or if it does not have the properties that you could expect according to our public statements, we are responsible for supplementary performance Committed. This does not apply if we are entitled to refuse supplementary performance due to legal regulations. You must allow us a reasonable period for subsequent performance.
(2) You can choose whether to remedy the defect (repair) or deliver a defect-free item (replacement). You are not entitled to reduce the purchase price or withdraw from the contract during the supplementary performance. If we have tried the repair three times in vain, it is considered to have failed. If the rework has failed, you have the right to choose to either reduce the purchase price or withdraw from the contract.
(3) Your right to assert further claims for damages remains unaffected. If claims for defects are made on goods that have not been refined by us, we ask for your understanding that any further processing costs incurred by a third party can only be claimed in a reasonable amount. The amounts provided in our price list for textile finishing can be used as a benchmark.
§ 7 Other liability
(1) Unless otherwise stated in these AVB including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We are liable for damages – for whatever legal reason – in the event of willful intent and gross negligence. We are only liable for simple negligence
a) for damage resulting from injury to life, limb or health,
b) for damage resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from Paragraph 2 do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to claims by the buyer under the Product Liability Act.
(4) Because of a breach of duty that does not consist of a defect, you can only withdraw or terminate 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 addition, the legal requirements and legal consequences apply.
§ 8 Retention of title
The delivered goods (reserved goods) remain our property until all claims from this contract have been paid in full.
§ 9 copyright
As the client, you are solely liable if the execution of an order violates the rights of third parties, in particular copyrights. The client has to indemnify the contractor from all claims by third parties due to such legal infringements.
§ 10 Other property rights
Company names, company logos, brand and product names, trademarks, place names etc., which are mentioned in our offer, can be protected trademarks of the respective owner. If the owner of a brand does not agree to the use of his logo, his brand, the mentioning of his name or the link to his site, we ask for a corresponding notification by e-mail or fax in accordance with our imprint information. We will make the appropriate changes immediately. We expressly confirm that we respect the rights of third parties in any form and that a violation is unintentional if it is proven.
§ 11 Embroidery pattern / approval pattern
Embroidery / approval samples are to be checked by the client for form, color and other errors. Approval must generally be given in writing or by email. The seller generally rejects a complaint after this approval. If extensive changes, reprogramming or other corrections that exceed the usual level are requested by the client according to the template, these will be charged according to the working time and material consumption. Program costs and embroidery samples will also be charged if the client withdraws from the contract.
§ 12 Final provision, applicable law, severability clause
German law applies to our contract. The application of the UN sales law is excluded.
Should individual provisions of these GTC be or become ineffective 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. In place of the ineffective or missing provisions, the respective statutory regulations apply.
Information on online dispute resolution:
The EU Commission will provide an internet platform for the online settlement of disputes (so-called OS platform) in the first quarter of 2016. The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The OS platform can be reached under the following link: http://ec.europa.eu/consumers/odr
If you have any questions, we will be happy to inform you at (firstname.lastname@example.org)
Right of withdrawal
Right of withdrawal
Refined, i.e. embroidered or printed goods, as well as special productions are excluded from exchange or return, as this has been specially commissioned by you.
In the event that you received this cancellation policy in writing before the contract was concluded or immediately after the contract was concluded, you can submit your contract declaration within 14 days, if it is only available to you after the contract is concluded, within one month without giving reasons in writing (e.g. letter , Fax, e-mail) or – if the item is given to you before the deadline expires – revoke it by returning the item.
The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB). The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
Geschäftsführer: Gabriele Antholzer
Ohmstraße 3, 84137 Vilsbiburg
Fax: 08741 / 51 545 – 98
Consequences of cancellation
In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part, or if you can only return it in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection – as it would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if you were your own property and by refraining from anything that could impair its value. Transportable items are to be returned at our risk.
You have to bear the costs of the return if the goods delivered correspond to the goods ordered.
– End of revocation –
You can return the received goods without giving reasons within 14 days (or one month, if this return instruction is not provided immediately after the conclusion of the contract) by sending back the delivered (new, unworn and unwashed) goods. The period begins after receipt of this instruction in text form (e.g. as a letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB).
Only in the case of goods that cannot be sent as parcels (e.g. bulky goods) can you also declare the return by means of a return request in text form. The timely dispatch of the goods or the return request is sufficient to meet the deadline.
You bear the direct costs of the return.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Geschäftsführer: Gabriele Antholzer
Ohmstraße 3, 84137 Vilsbiburg
Fax: 08741 / 51 545 – 98
In the event of an effective return, the mutually received services are to be returned and any benefits (e.g. benefits of use) surrendered. In case of deterioration of the goods, compensation can be claimed. This does not apply if the deterioration of the goods is solely due to their inspection – as it would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the goods as if you were your property and by refraining from anything that could impair their value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt.
– End of the return policy –