Terms and Conditions
General Conditions for private customers General conditions for entrepreneurs
General Conditions of Sale
§ 1 Scope and contractual basis
(1) The following terms and conditions of sale shall apply to the purchase contract for the delivery of goods concluded between you as buyer and consumer within the meaning of § 13 BGB and us as seller.
(2) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximate.
§ 2 Prices, delivery costs, payment
(1) The price quotations include value added tax at the statutory rate.
(2) You shall bear the delivery costs unless the contract is revoked by you. These costs will be shown depending on the desired place of delivery and the chosen method of shipment when ordering before the conclusion of a legally binding purchase contract.
(3) In the event of a revocation of the contract, you shall bear the direct costs of returning the goods to us - the details are regulated in § 11 of these GTC.
(4) Payment in the online shop is made by direct debit order, cash on delivery, PayPal or by advance payment. We charge return debit notes in the actual amount, but at least in the amount of 8.50 €, whereby you reserve the right to prove that the damage was less. If a purchase "on account" has been agreed separately, the invoice is due for payment within 14 days from receipt of the invoice.
§ 3 Set-off; right of retention
You are only entitled to offset against our claims if your counterclaims have been legally established or if we have acknowledged them. As buyer you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
§ 4 Delay in delivery, partial deliveries
(1) Unless otherwise specified in individual cases, we will deliver ordered goods within five working days from the date of the order at the latest. In the case of payment in advance, we deliver ordered goods within eight working days from the date of the bank transfer made by you.
(2) If there is a delay in delivery due to a deliberate 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 attributed to us.
(3) If a delay in delivery occurs which is based on a merely simple negligent breach of duty, our liability is limited to the foreseeable and typically occurring damage. If, however, the breach of duty for which we are responsible concerns the breach of a material contractual obligation or an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance you as the purchaser may regularly rely, we shall be liable in accordance with the statutory provisions.
(4) We shall be entitled to make partial deliveries and render partial services at any time, provided this is reasonable for you.
§ 5 Colour designations and size specifications
The colour designations and size specifications given in our publications (catalogue, Internet etc.) are not subject to any standards. Conclusions about specific dimensions or colour ideas are not possible on the basis of these specifications. Even within one brand, different articles (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size specification. Especially for so-called slim-fit/body-fit shirts, the size runs do not have to match the unisex articles of the same brand. The same applies to ladies' and men's shirts from the same manufacturer. Women's shirts are regularly cut differently than the corresponding men's shirts, even if the sizes are the same.
The same colour designation can look completely different with different brands or even different articles of one brand. Unfortunately, this problem cannot be solved by the colour bars printed in the catalogue. Each printed colour bar in the catalogue appears differently under different light sources and it is almost impossible to reproduce a textile colouring 100% in paper print.
Therefore, deviations in size and colour do not usually justify claims for defects. Your right of return remains unaffected by this, of course.
We expressly point out that every textile article made of cotton or cotton- polyester mixture must be washed before first use. Due to the (completely harmless and non-hazardous) chemical residues in textiles, chemical reactions between body sweat and the residues can occur if the garment is worn immediately without washing, especially under UV exposure. The resulting colour impairments remain even after subsequent washing. Complaints or claims for this are generally excluded.
§ 6 Rights in case of defects
(1) Insofar as the delivered item does not have the quality agreed between you and us or it is not suitable for the purpose intended by our contract, we shall be entitled to claim compensation for any loss or damage. This shall not apply if we are entitled to refuse subsequent performance due to legal regulations. You must grant us a reasonable period of time for subsequent performance.
(2) Subsequent performance shall be effected at your option by remedying the defect (rectification of defects) or by delivering a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during the period of subsequent performance. If we have attempted to rectify the defect twice in vain, this shall be deemed to have failed. If the rectification of defects has failed, you are entitled to reduce the purchase price or to withdraw from the contract at your discretion.
(3) Your right to claim further damages remains unaffected. Should claims for defects be asserted on goods not finished by us, further finishing costs incurred by a third party can only be asserted to a reasonable extent. The amounts listed in our price list for textile finishing are the standard of comparison.
§ 7 Other liability
(1) Insofar as nothing to the contrary results from these GTC including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In case of simple negligence we shall only be liable
a) for damages resulting from injury to life, body or health
b) for damages resulting from the violation of an essential contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from paragraph 2 shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims of the purchaser under the Product Liability Act.
(4) Due to a breach of duty which does not consist of a defect, you may 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 all other respects, the statutory requirements and legal consequences shall 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 law
As the client, you alone are liable if rights, in particular copyrights of third parties, are infringed by the execution of an order according to your specifications. The client must indemnify the contractor from all claims of third parties due to such infringement of rights.
§ 10 Final provision, applicable law, severability clause
German law shall apply to our contract. The application of UN purchase law is excluded.
Should individual provisions of these GTC be or become invalid 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. The invalid or missing provisions shall be replaced by the respective statutory provisions.
§ 11 Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (Corporate Wear Germany, Reklamationen / Retouren, Kampweg 20, 22869 Schenefeld bei Hamburg, Tel.: +49 40 86642176 , Fax: +49 40 86642177 , Email: firstname.lastname@example.org) by means of a clear statement (e.g. a letter, fax or email sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
End of the cancellation policy
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
To: Corporate Wear Germany, Complaints / Returns, Kampweg 20, 22869 Schenefeld near Hamburg, Tel.: +49 40 86642176 , Fax: +49 40 86642177 , Email: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) __________________________________ /received on (*) ______________________________________________
Name of the consumer(s) __________________________________________________________
Address of the consumer(s) __________________________________________________________
Signature of the consumer(s) (only in the case of notification on paper)___________________________________________________________________
(*) Delete as applicable.
§ 1 General, scope of application
(1) These General Terms and Conditions of Sale (GTC) shall apply to all business relations with our customers if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. The GCS in their respective version shall also apply as a framework agreement for future contracts for the sale and/or delivery of movable goods with the same buyer, without us having to refer to them again in each individual case.
(2) Our General Terms and Conditions shall apply exclusively. General terms and conditions of any kind of our customers shall not become part of the contract even if we have not objected to them in each individual case.
(3) Legally relevant declarations and notifications to be made by you to us after conclusion of the contract (e.g. setting deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in text form to be effective.
(4) References to the validity of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in these GTC.
§ 2 Conclusion of contract, prices and terms of payment
(1) Our offers are subject to change and non-binding. This shall also apply if we have provided you with catalogues, other product descriptions or documents - also in electronic form - to which we reserve ownership and copyrights. Unless otherwise agreed in individual cases, our prices, which are current at the time of conclusion of the contract, shall apply ex warehouse, plus statutory VAT.
(2) The order of the goods by you shall be deemed a binding offer to enter into a contract.
(3) Acceptance shall be effected by written order confirmation or by delivery of the goods to you.
(4) The invoice date is the date of delivery of the goods. The purchase price is due from the date of invoice; 2 % discount for payment within the first 14 days, 30 days net if the payment period is used. Instead of the usual terms of payment, we may also deliver by cash on delivery, advance payment or other terms of payment to be agreed with you.
(5) You shall be in default upon expiry of the above payment period. The purchase price shall bear interest of 10 % p.a. during the period of default. For the second reminder, reminder fees of 2.50 EUR, for the third reminder fees of 5.00 EUR and for the fourth reminder fees of 10.00 EUR shall be due. After the 4th reminder, the claims will be handed over to a collection agency. Any further costs arising from this are at your expense.
(6) If, after conclusion of the contract, it becomes apparent that our claim to the purchase price is jeopardised by the purchaser's lack of ability to pay (e.g. due to an application to open insolvency proceedings), we shall be entitled to refuse performance and to withdraw from the contract in accordance with the statutory provisions (§ 321 BGB). In the case of contracts for the manufacture of unacceptable items (custom-made products), we can declare our withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected.
§ 3 Shipping costs
Deliveries are made with a carrier of our choice. You bear the transport costs.
For orders via the online shop, deliveries exceeding a net value of 150.00 EUR are free of charge. For deliveries below this value, shipping costs of 6.90 EUR per box will be charged.
The shipping costs include all costs for packaging, shipping documents and, in the case of normal shipping, the usual transport and delivery costs. Should or must a delivery be made by express, courier or comparable services in order to meet a delivery date agreed in writing, the additional costs incurred shall be borne by you.
§ 4 Set-off; right of retention
You are only entitled to offset against our claims if your counterclaims have been legally established, if we have acknowledged them or if your counterclaims are undisputed. This also applies if you make complaints or counterclaims. However, as buyer you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
§ 5 Delivery period and delay in delivery
(1) The delivery dates or deadlines are exclusively non-binding information, unless they have been expressly agreed between you and us as binding.
(2) The occurrence of a delay in delivery shall be determined by the statutory provisions. In any case, however, a reminder from you is required.
(3) If we culpably fail to meet a deadline expressly agreed as binding 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 period of grace to elapse fruitlessly, you shall be entitled to withdraw from the purchase contract.
If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of performance), we shall inform you of this immediately and at the same time inform you of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall reimburse any consideration already provided without delay.
(4) If the delay in delivery is based on the culpable breach of a material contractual obligation or on the culpable breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose observance you as the purchaser may regularly rely and if we are responsible for this breach of obligation, we shall be liable in accordance with the statutory provisions. In the case of simple negligence, however, our liability is limited to the foreseeable and typically occurring damage.
§ 6 Delivery, transfer of risk, acceptance, default of acceptance
(1) Delivery is ex warehouse, which is also the place of performance. At the request of the purchaser the goods will be sent to another destination (sale to destination). We shall be entitled to make partial deliveries and render partial services at any time, provided this is reasonable for you.
(2) The risk of accidental loss and accidental deterioration of the goods shall pass upon handover, in the case of sale to destination, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. The statutory provisions of the law on contracts for work and services shall also apply accordingly to an agreed acceptance. If the buyer is in default of acceptance, this shall be deemed equivalent to handover or acceptance.
(3) If you are in default of acceptance, if you fail to cooperate or if our delivery is delayed for other reasons for which you are responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs).
§ 7 Retention of title
We reserve title to the goods sold until full payment of all our present and future claims arising from the purchase contract and an ongoing business relationship (secured claims).
§ 8 Colour designations and size specifications
The colour designations and size specifications given in our publications (catalogue, Internet etc.) are not subject to any standards. Conclusions about specific dimensions or colour ideas are not possible on the basis of these specifications. Even within one brand, different articles (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size specification. Especially for so-called slim-fit/body-fit shirts, the size runs do not have to match the unisex articles of the same brand. The same applies to ladies' and men's shirts from the same manufacturer. It goes without saying that women's shirts are cut differently from the corresponding men's shirts although the size indication is completely identical.
The same colour designation can look completely different with different brands or even different articles