Conditions

General Terms and Conditions of Sale (GTC)

§ 1 Scope and contractual basis
(1) The following terms and conditions of sale apply to the purchase contract for the delivery of goods concluded between you as the buyer and consumer within the meaning of Section 13 of the German Civil Code (BGB) and us as the seller.
(2) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximate.

§ 2 Prices, delivery costs, payment
(1) The prices include VAT at the statutory rate.
(2) You will bear the delivery costs unless you cancel the contract. These costs will be shown depending on the desired delivery location and the selected shipping method when ordering before a legally binding purchase contract is concluded.
(3) In the event of cancellation of the contract, you shall bear the direct costs of returning the goods to us – further details are set out in Section 11 of these General Terms and Conditions.
(4) Payment in the online shop is made by direct debit, PayPal or in advance. We charge the actual amount for returned direct debits, but at least an amount of €8.50, whereby you reserve the right to prove that the damage is less. If a purchase "on account" has been agreed separately, the invoice is due for payment within 14 days of receipt of the invoice.

§ 3 Offsetting; Right of Retention
You are only entitled to offset against our claims if your counterclaims have been legally established or we have acknowledged them. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 4 Delayed delivery, partial deliveries
(1) Unless otherwise stated in individual cases, we will deliver ordered goods within five working days from the date of the order at the latest. If you pay in advance, we will deliver ordered goods within eight working days from the date of the transfer made by you.
(2) If there is a delay in delivery that is due to an intentional or grossly negligent breach of duty for which we are responsible, we shall be liable in accordance with the statutory provisions; any fault on the part of our representatives or vicarious agents shall be attributable to us.
(3) If there is a delay in delivery that is based on a merely negligent breach of duty, our liability is limited to the foreseeable and typically occurring damage. However, if the breach of duty for which we are responsible concerns the breach of an essential contractual obligation or an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you as the buyer can regularly rely, we are liable in accordance with the statutory provisions.
(4) We are entitled to make partial deliveries and partial services at any time, provided that this is reasonable for you.

§ 5 Color names and size information
The color names and sizes given in our publications (catalog, internet, etc.) are not subject to any standards. It is not possible to draw conclusions about specific dimensions or color ideas based on this information. Even within one brand, different items (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size. In particular, with so-called slim-fit/body-fit shirts, the size ranges 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. Even with the same size, women's shirts are often cut differently than the corresponding men's shirts.
The same color name can look completely different for different brands or even for different items of the same brand. Unfortunately, this problem cannot be solved by the color bars printed in the catalog. Every color bar printed in the catalog appears different under different light sources and it is almost impossible to reproduce a textile color 100% in paper print.
Deviations in size and color therefore do not generally constitute grounds for claims for defects. Your right of return remains unaffected.
We expressly point out that every textile article made of cotton or a cotton-polyester mix must be washed before being worn for the first time. Due to the (completely harmless and safe) chemical residues in textiles, chemical reactions between body sweat and the residues can occur if the item is worn immediately without being washed, particularly when exposed to UV light. The resulting color impairments remain even after subsequent washing. Complaints or claims in this regard are generally excluded.

§ 6 Rights in the event of defects
(1) If the delivered item does not have the quality agreed between you and us, or if it is not suitable for the use stipulated in our contract or for general use, or if it does not have the properties that you could have expected based on our public statements, we are obliged to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance due to statutory regulations. You must grant us a reasonable period of time for subsequent performance.
(2) The subsequent performance will be carried out at your discretion by removing the defect (repair) or delivering a defect-free item (replacement delivery). During the subsequent performance, you are not entitled to reduce the purchase price or withdraw from the contract. If we have attempted to repair the defect twice without success, this is deemed to have failed. If the repair has failed, you are entitled, at your discretion, to 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 asserted in goods not finished by us, further finishing costs incurred by a third party can only be claimed up to a reasonable amount. The amounts listed in our price list for textile finishing are the basis for comparison.

§ 7 Other Liability
(1) Unless otherwise stated in these General Terms and Conditions, including the following provisions, we shall be liable for any breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We are liable for damages – regardless of the legal basis – in the case of intent and gross negligence. In the case of simple negligence, we are only liable
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.
(3) The limitations of liability arising from paragraph 2 shall not apply if we have fraudulently concealed a defect or provided a guarantee for the quality of the goods. The same applies to claims by the buyer under the Product Liability Act.
(4) You may only withdraw or terminate the contract due to a breach of duty that does not constitute a defect if we are responsible for the breach of duty. The buyer's free right of termination (in particular in accordance with Sections 651 and 649 of the German Civil Code) is excluded. Otherwise, the statutory requirements and legal consequences apply.

§ 8 Retention of Title
The delivered goods (reserved goods) remain our property until all claims arising from this contract have been paid in full.

§ 9 Copyright
As the client, you are solely liable if the execution of an order according to your specifications violates the rights, particularly copyrights of third parties. The client must indemnify the contractor against all claims by third parties due to such violations of rights.

§ 10 Final provision, applicable law, severability clause
Our contract is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, or should they contain a regulatory gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The respective statutory provisions shall take the place of the invalid or missing provisions.