of textilekonzepte GmbH - agency for employee clothing and corporate fashion

The following rights only apply to merchants, companies, public institutions and private consumers (natural persons) who conclude a legal transaction for a purpose that can be attributed to their commercial or independent professional activity.

The rights for private consumers, i.e. any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity, are regulated in separate terms and conditions.

General Terms and Conditions of textilekonzepte GmbH
for entrepreneurs within the meaning of the German Civil Code

Every contract with us is concluded exclusively on the basis of our General Terms and Conditions printed below. Deviating terms and conditions that we do not expressly recognize in writing shall not become part of the contract, even if we do not expressly object to them.

1st contract partner
Your contractual partner is the company textilekonzepte GmbH, represented by the managing directors Claudia Schulz and Hartmut Kielblock, Eiffestraße 422-424, 20537 Hamburg.

2. conclusion of the contract
Our offers for staff clothing are subject to change, unless otherwise stated in the order confirmation. Our offers and order confirmations are always subject to a positive credit check of the customer and subject to timely and proper delivery to us. Unless otherwise agreed, the price valid on the day of delivery shall apply.

3. reservation
In the event of an impediment to performance for which we are not responsible, we are entitled to deliver modified or adapted products that deviate from your order, provided that their functionality is not significantly impaired as a result. We expressly reserve the right to make partial deliveries and issue partial invoices (partial invoicing). If the goods or services are no longer available, we reserve the right not to provide them and to withdraw from the contract.

4. prices
All printed or stored prices in our catalogs, price lists, electronic media and the like are subject to change. Employee clothing

Our prices do not include shipping costs. The buyer will be invoiced for any shipping costs incurred due to non-delivery or refusal to accept delivery of our goods. For deliveries abroad, our prices are exclusive of VAT. Exceptions are deliveries within the EU, provided the recipient does not have a VAT ID number when ordering. indicates. We reserve the right to change our prices accordingly if currency fluctuations or price changes by upstream suppliers occur after conclusion of the contract.

5. terms of delivery and payment
The agreed term of payment is 10 days after receipt of the invoice, payable without deduction. Discounts are not provided for in our calculation, therefore early payment does not entitle to deduction. After expiry of this period, the client shall be in default without any further reminder. In the case of larger order volumes, we may issue interim invoices and request partial payments in accordance with the work already performed. Employee clothing.

An agreed delivery date shall be deemed to have been met if the subject matter of the contract has been handed over by us to the carrier on the agreed delivery date. The agreed delivery period shall commence upon approval of the samples by the customer. A delivery date may be postponed due to circumstances unforeseeable at the time of conclusion of the contract for which we are not responsible, such as force majeure, government measures, failure to obtain official approvals, labor disputes, shortage of raw materials, etc. In such cases, we shall not be liable to pay compensation for the delayed delivery. Employee clothing.

We accept a 4-week return policy on all stock items in saleable condition or in their original packaging. If you return goods, 15% handling costs (at least €10) will be deducted from the value of the goods. Unpacked blouses and shirts can only be taken back for a fee of 25% of the value of the goods. Finished goods and custom-made products cannot be returned. Deliveries sent freight collect will not be accepted.

6. transfer of risk upon delivery of the goods
The transfer of risk for deliveries from us takes place when the goods leave our premises, for returns to us when the goods are accepted at our headquarters in Hamburg.

7 Warranty, liability
You must check the delivered goods immediately upon receipt to ensure that they are intact and complete. Insignificant defects that do not restrict the functionality of the delivered goods do not entitle the customer to refuse acceptance. For registered traders, § 377 HGB applies. We guarantee for 1 year that the contractual products are not defective or lack warranted characteristics. Employee clothing.

If no complaint is made within one week of receipt of the goods, the goods shall be deemed to have been approved. In the event of a warranty claim, we reserve the right to rectify the defect twice within a period of 14 days. If both attempts at rectification fail, you have the right to demand rescission or a price reduction. If a replacement delivery becomes necessary, this will be made within the normal production period. Employee clothing.

Excess or short deliveries of up to 5% of the ordered goods may be due to production reasons and do not constitute a defect.

The features published in the descriptions are not warranted characteristics in the legal sense. Printing errors and mistakes as well as price changes at short notice can unfortunately never be ruled out. If, in individual cases, we have warranted a particular characteristic of the goods, the liability arising from this warranty shall not extend to consequential damages which are not covered by this warranty. Our liability shall be limited to such damages as could reasonably be expected to occur at the time of conclusion of the contract after knowledge of all circumstances at that time. Minor deviations, e.g. in the color tones, do not constitute a defect.

In the event of culpable breach of material contractual obligations, we shall be liable for the foreseeable, typically occurring damage. Any further liability for damages shall be excluded; in this respect, we shall not be liable in particular for damages that have not occurred to the delivery item itself, including indirect damages, consequential damages and loss of profit.

We assign any further warranty claims against the manufacturer. A separate agreement signed by us in writing is required for an extension of the warranty claims against us. Should defects occur in the delivered goods within the warranty period which are subject to the statutory warranty obligation, we must be notified immediately. Employee clothing.

8. withdrawal from the purchase contract
If you wish to withdraw from the contract, the expiry of certain delivery periods and dates does not release you from the obligation to set a reasonable grace period for performance and to declare that you will refuse performance after expiry of the grace period. This shall not apply if we have expressly designated a deadline or date for performance as binding in writing. Partial deliveries are permissible to a reasonable extent.

The delivery period shall be extended appropriately – even within a delay – in the event of force majeure and all unforeseen obstacles occurring after conclusion of the contract for which we are not responsible, insofar as such obstacles demonstrably have a considerable influence on the delivery of the sold item. This shall also apply if these circumstances occur at our suppliers or their subcontractors. We will inform you of the start and end of such notices as soon as possible. You can demand a declaration from us as to whether we wish to withdraw from the contract or deliver within a reasonable period of time. If we do not explain ourselves immediately, you can withdraw from the contract. Delivery periods shall be extended by the period in which you are in default with your contractual obligations – within an ongoing business relationship also from other contracts. Employee clothing.

9. credit notes
Refunds/credits are paid out by bank transfer or posted to the customer’s account. Credits on a customer account can later be offset against new orders. Amounts in credit accounts are paid out on request.

10. reservation of title, assignment of claims
Delivered goods shall remain our property until full payment and fulfillment of all claims, including future claims, arising from the concluded contracts. The reserved goods may only be sold in the ordinary course of business. However, you hereby assign to us all claims arising from the resale of the reserved goods. Employee clothing.

You are not entitled to pledge or assign the reserved goods as security before our claims have been settled in full. In the event of access by third parties to the reserved goods, you must ensure that our rights are safeguarded and inform us immediately. In such a case and in the event of default of payment, we shall have the right to enter the purchaser’s premises in order to be able to take possession of the goods subject to retention of title as part of the assertion of the retention of title.

11. default of payment
Our receivables are due for payment on the date shown on the invoice. You will be in default on the basis of a reminder sent after the due date, but no later than 30 days after the due date. During the period of default, your debt shall bear interest at 8% above the prime rate of the European Central Bank. The assertion of further damages by us is not excluded.

Withholding of payments or offsetting due to any counterclaims of the customer is only permitted if the counterclaims have been legally established or are not disputed by us. Employee clothing.

12. samples, protection of the artistic work
We are entitled to all rights to drawings, samples and calculations that we make available to you and must be returned to us unsolicited after completion of the order, unless otherwise agreed. We reserve the right to use and reproduce articles created on your behalf for advertising purposes or as samples. We also reserve the right to add our company name to these in appropriate places. Employee clothing.
The ideas, concepts, texts, drafts and final artwork developed by us are subject to copyright protection. Further use or transfer to third parties against payment or free of charge is not permitted without our express written consent. For each case of a breach of this provision, you shall pay us a contractual penalty amounting to three times the order value, but at least € 500.00. We expressly reserve the right to assert further claims for damages.

The client assures that he is authorized to use all templates and designs provided to us and that these templates and designs are free of third-party rights. If, contrary to this assurance, the client is not authorized to use them or if the templates and designs are not free of third-party rights, the client shall indemnify us against all third-party claims for compensation.

13. order process
We create a corresponding sample design according to your specifications. This design is referred to as a sample. You can then decide whether you want to place the order with us. In this case, the costs and effort for the creation of the sample or the associated drafts are free of charge for you. However, if the final order is not placed, the costs incurred by us for the production of the sample shall be reimbursed by you in accordance with the invoice.

Each design is sent to you for review and approval. You have the right to request changes/improvements once after receiving the first draft or (if you are absolutely not satisfied with the first draft) you can also request a second sample free of charge. However, in the case of change requests that are contrary to the design specifications you have previously made, the resulting additional work will be charged additionally. If this additional expenditure is not provided by the customer or if the changes requested cannot be provided by us, we reserve the right to withdraw from the order.

14. data protection
Orders are processed with the aid of automatic data processing. By placing an order, you give us your express consent to process the data that has become known to us in the context of the contractual relationship within the scope of the purpose of the contractual relationship, insofar as this is necessary for the execution or processing of the contract. You also agree that we may use and pass on the data received in compliance with the Federal Data Protection Act until you revoke your consent in writing.

15. information
By registering in our customer database, the customer receives advertising and information by post, fax, email and telephone. If the customer does not wish this, he must inform us of this in writing.

16. place of fulfillment
The place of performance for all obligations arising from the contractual relationship is Hamburg. Employee clothing.

17 Applicable law
All contracts concluded with us and their execution are subject exclusively to German law. The Uniform Law on the International Sale of Goods (EKG) and the Uniform Law on the Formation of Contracts (EAG) are excluded to the extent permitted. Employee clothing.

18. place of jurisdiction
The place of jurisdiction is agreed to be the registered office of textilekonzepte GmbH. However, we are also entitled to sue at the location of the registered office or a branch of the buyer.

19. severability clause
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the remaining provisions of the General Terms and Conditions or the contract.

Terms and conditions of textilekonzepte GmbH – Agency for employee clothing and corporate fashion

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