Terms & Conditions
§ 1 Scope
All offers, orders, orders and deliveries are made exclusively in accordance with our terms and conditions. Any deviations must be confirmed by us in writing. Any deviating provisions in the terms and conditions of our client are hereby contradicted.
§ 2 Conclusion of the contract, internet shop
(1) Our offers are subject to change and non-binding.
(2) An order by the customer is a binding contract offer. A contract is concluded or only becomes binding with our written or electronic order confirmation. We are entitled to accept the contract offer contained in the order within 2 weeks of receipt. If the order confirmation deviates from the order from the customer's point of view, he must notify the deviation in writing immediately upon receipt, but at the latest within one week after the date of our order confirmation. We reserve the right to make changes in the form of color and / or weight within reasonable limits. Subsidiary agreements are only permitted in writing.
(3) An order by registered entrepreneurs in the EU with valid VAT registration for tax-exempt intra-community delivery is only made to the same delivery address as issued by the validation of the VAT number (MIAS).
§ 3 Prices
(1) The agreed prices are ex works in euros, plus transport, packaging and, if applicable, insurance costs and plus the statutory sales tax applicable at the time of delivery, unless other agreements have been made.
(2) All deliveries are made in advance. Payments, including prepayment, only have a discharging effect if they are made to us.
§ 4 Delivery terms
(1) Delivery dates and periods are only valid if they are expressly confirmed by us. Delivery periods begin on the date of our order confirmation, but not before full clarification and availability of all details of the order and not before any agreed down payment or advance payment has been received.
(2) Delays in delivery and performance due to force majeure or events that make delivery difficult or impossible (e.g. strike, etc.) also releases the seller from bindingly agreed deadlines and dates.
(3) Failure to comply with the delivery time does not give the right to compensation or withdrawal from the contract, unless the delay was caused intentionally or through gross negligence. Compliance with our delivery obligation presupposes the timely and proper fulfillment of the obligations of the customer.
(4) The seller is entitled to partial deliveries and partial services at any time.
§ 5 Sonderanfertigungen
In the case of orders for custom-made products, the customer assumes all liability for the existence of his trademark, copyright, reproduction and manufacturing rights. Liability for the violation of the rights of third parties is excluded, unless they are based on intent or gross negligence. The customer releases the seller from any third party claims.
§ 6 Copyright and 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 naming 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.
§ 7 Urheberrecht
The client bears the risk of the usability of the motifs obtained from us for the respective purpose pursued by him, unless otherwise agreed with us in writing. He is also solely liable if rights (in particular copyrights of third parties) are violated by the execution of his order. The client has to exempt us from all claims by third parties due to such a violation of the law. The client is solely responsible for checking the law (trademarks, copyright) and for copying the templates.
§ 8 Obligation to inspect and notify, liability for material defects
(1) The customer is obliged to examine the delivered goods for obvious defects and obvious transport damage. Obvious defects also include cases in which a different product or insufficient quantity was delivered. Obvious defects must be reported to us in writing immediately within three working days after delivery. Defects that only become apparent later must be reported to us immediately after they have been discovered by the customer. If an entrepreneur breaches the duty to inspect and notify, the goods are deemed to have been approved with regard to the defect in question.
(2) We guarantee by eliminating defects. We can choose to do this either by eliminating a defect (repair) or by delivering a defect-free product (replacement).
(3) Claims by the customer due to a defect in the delivered goods become statute-barred for newly manufactured items within one year of delivery of the goods, for consumers after two years.
§ 9 Reservation of quantities and materials
Slight deviations in terms of color, material properties of the article and other deviations in finishing (e.g. weaving and embroidery) are tolerated by the customer, unless otherwise agreed in writing. Slight color deviations in the same articles are unavoidable, especially in the textile sector, and do not constitute grounds for complaint. Our information on the delivery and service item are descriptions or labels and not guaranteed properties. Any uncalculated samples remain our property and are to be returned free of charge on request. Embroidery programs, printing forms, etc. remain the property of the seller and can therefore not be requested or handed over to the customer. In the case of justified complaints, the seller has the right, to the exclusion of other claims, to repair and / or replace the goods up to the amount of the order value. Defects in part of the delivery cannot lead to complaints about the entire delivery. Liability for consequential damage is excluded.
§ 10 Waren Rücksendungen
If the reason for the return is a supplier error, we will collect the goods from you. Returns that are not prepaid will not be accepted. Collection can be requested by phone or email. After the return has been processed, you will receive a credit note for the value of the goods without any deductions. If there is no supplier error, send us the goods free of charge, stating the order number. We accept returns of new, unfinished goods if our delivery was not more than two weeks ago. After the return has been processed, you will receive a credit note for the calculated value of the goods minus 15% handling costs, at least € 5. Shipping costs are not credited. Promotional items with a bonus product can only be exchanged or returned together with the bonus item.
§ 11 Verwahrung
We assume no liability for the templates, samples, print media and other items that are intended for re-use by the customer. We are entitled to archive templates, samples, print media or other items belonging to the customer after the order has been completed, to save them electronically for later reproductions or to destroy them.
§ 12 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.
§ 13 Beigestellte Ware
In the case of provided goods as an embroidery base, we cannot assume any guarantee or warranty for the execution. Particularly thin and cheap materials cannot produce an optimal embroidery image. The risk lies solely with the client. Provided goods are processed as delivered and are not checked separately by us. We will neither replace nor reimburse customer goods that are embroidered or spoiled by separation, as well as of reduced quality.
§ 14 Eigentumsvorbehalt
All deliveries are subject to retention of title. The delivered goods remain the property of the seller until the purchase price and all other claims of the seller against the buyer from the current business relationship have been paid in full. The buyer is entitled to sell the goods in the ordinary course of business. Already today he assigns all his claims against the purchaser from the resale to the seller to secure him. The buyer is authorized and obliged to collect the claims as long as the seller does not revoke this authorization. The direct debit authorization of the buyer expires without the express declaration of the seller if the buyer stops his payments. The seller will not make use of his authority to collect as long as the buyer properly meets his payment obligations.
§ 15 Zahlungsbedingungen
Delivery is usually made against invoice. Invoices are due no later than 30 days after the invoice date. A payment is only considered to have been made when the seller can dispose of the amount.
§ 16 Bearbeitungsentgelt
For the reimbursement of unauthorized incoming payments to our account, a processing fee for administrative expenses (order processing, credit, booking expenses, remittance ...) of € 10.00 (plus VAT) will be retained.
§ 17 Zahlungsverzug
The statutory interest rate for pecuniary claims between entrepreneurs from entrepreneurial transactions is 9.2% percentage points above the base rate that applies on the last day of a half-year, which is decisive for the next half-year. Connection interest rate for the calculation of default interest in business transactions according to § 456 UGB.
§ 18 Mahn- und Inkassospesen
In the event of default, the contractual partner undertakes to reimburse the reminder and collection charges to which we are entitled, insofar as they are necessary for appropriate legal prosecution and in relation to the claim, even in the event of default in payment through no fault of our own, whereby he undertakes in particular, in the event of these being involved of a collection agency to reimburse us for the costs we incur as a result, provided that these do not exceed the maximum rates of the fees due to the collection agencies according to the BMWA ordinance. If we operate the dunning process ourselves, the debtor undertakes to pay an amount of EUR 12.00 per reminder.
§ 19 Gerichtsstand
The place of jurisdiction is 9800 Spittal an der Drau (Austria). However, we are entitled to sue the buyer at any other legally permitted place of jurisdiction.
§ 20 Sonstiges
The cancellation of individual provisions of these terms and conditions does not affect the effectiveness of the remaining provisions. Changes and additions to this agreement must be made in writing. We reserve the right to use items manufactured on behalf of customers as samples or for advertising purposes. In the event of contradictions between the English or Italian version, the German version shall apply.
§ 21 Salvatorische Klausel
If conditions of the above general terms and conditions are or become wholly or partially ineffective, the remaining conditions continue to apply. The ineffective condition is replaced by the statutory regulation.