General terms and conditions of the company Markus Sonnenberg und Ellen Friehe GbR / Sehnde.
(1) General information
The following terms and conditions apply to all deliveries and services rendered by us as well as to all future business transactions with our customers. Amendments or supplements to the following terms and conditions require our express written confirmation in any case to be binding. Conflicting terms and conditions of customers shall only be binding for us if and insofar as we acknowledge them in writing for the respective conclusion of the contract. Our terms and conditions shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions of sale and delivery.
We reserve the right to increase the contractually agreed price if our deliveries or services are to be rendered later than 4 months after conclusion of the contract or can be rendered for other reasons for which the customer is responsible. Insofar as performance changes and cost increases are based on subsequent wishes and instructions of the customer, we shall be entitled to increase the agreed price by a reasonable amount. The statutory value added tax is not included in our prices; it is shown separately in the invoice at the statutory rate on the day of invoicing. Costs for the execution of the contract, such as transport, packaging and shipping costs, are subject to confirmation and shall be borne by the customer.
(3) Delivery periods
The agreement of binding delivery dates or periods must be made in writing. Delays in delivery and performance due to force majeure, strike, or other inability to perform through no fault of our own, also on the part of our suppliers, as well as unfavourable weather conditions extend an agreed delivery period by the duration of the hindrance.
(4) Breach of contract
We shall only be liable for breaches of contract which are not due to delay or impossibility for which we are not responsible in the event of gross negligence or intent.
(5) Notification of defects
Obvious defects must be notified in writing within eight days. The period begins with the receipt of the goods by the contractual partner or the transfer of the contractual goods to a third party commissioned by the contractual partner. The receipt of the complaint by us shall be decisive for the expiry of the complaint period. The complaint requires the written form as a prerequisite for effectiveness. The defective goods shall be kept ready for inspection by us in the condition in which they ended at the time the defect was discovered. A violation of the above shall result in the loss of any warranty claim. It remains with the legal examination and reprimand obligations of §§ 337, 338 HGB. Our liability is limited in each case of a claim and limited to a replacement in the amount of the net price calculated for the respective order. This limitation of liability does not apply to cases of gross negligence or wilful intent.
The client alone bears the risk of the usability of the motifs ordered from us. He shall also be solely liable if the execution of his order infringes the rights of third parties (in particular copyrights). The customer expressly indemnifies us from all claims of third parties due to such an infringement.
(7) Textile finishing work
We are anxious to achieve the colours and screens you provide as closely as possible, but as is generally the case for textile finishing, we must reserve tolerances.
(8) Delivery of refining reduction
We do not assume any costs for faulty finished goods in the amount of 1% or up to 3 pieces of Aussuß per order. A deduction of invoice is not possible in this respect.
(9) Embroidery programs
Embroidery programs are to be embroidered and checked on the embroidery machine only on sample material. Obvious defects in the sample embroidery must be immediately objected to or reprimanded. Warranty claims are excluded from all further production work at our expense.
(10) Samples, outturn samples, modifications
Outturn samples, repros, proofs etc. are to be checked by the client for text and other errors. Markus Sonnenberg and Ellen Friehe GbR are not liable for errors not reported by the client. Corrections and changes made by telephone must be confirmed in writing by the client. In the event of changes after printing approval, all additional costs incurred, including machine downtime, shall be borne by the customer. Samples will be made available to you at unit price plus shipping costs. A return or exchange is excluded for hygienic and technical reasons. In individual cases sample returns will be accepted for a fee of 15€ or 20% (the higher value will be invoiced) of the value of the goods. The shipping costs will not be refunded. Deviations in the delivered goods from the samples submitted can only be taken into account in the case of properties which are considered essential in trade. We reserve the right to make technical production deviations (with regard to shape, material and size).
(11) Motif and production release
A refinement takes place after a motive and production release. The motif is only released when a new motif is created. In the case of identical post-production, we take the previous release as a basis. The release must always be submitted in written form. Releases issued by telephone or verbally are not valid. A waiver of releases must be made in writing and at the same time any right of complaint with regard to textile correctness, motif presentation, motif colours and the finishing position shall lapse.
(12) Designs, patterns, lithos, embroidery files
Drafts, templates, samples, embroidery files, final artwork, clichés, films, reproductions, lithos, embossing stamps and the like shall be invoiced pro rata and shall remain the property of Markus Sonnenberg and Ellen Friehe GbR unless otherwise agreed. They may not be copied or otherwise reproduced by third parties without the permission of Markus Sonnenberg and Ellen Friehe GbR, in particular for the purpose of other use. They must be returned as soon as possible, at the latest at the time the order is placed or not placed.
(13) Company logo
Unless otherwise agreed, we are entitled to affix a company reference to Markus Sonnenberg and Ellen Friehe GbR on all items delivered by Markus Sonnenberg and Ellen Friehe GbR, insofar as the utility value of the delivery item is not significantly impaired thereby.
Our offers are subject to change without notice and net plus the statutory value added tax. The validity of the offers is a maximum of 6 months. However, we reserve the right to make adjustments in the event of price increases by our suppliers. Our offers are not binding. Deviations (e.g. in the colour...) in our illustrations or descriptions are possible, and partly technically conditioned. Natural products such as leather articles cannot be influenced by us in terms of colour, i.e. colour deviations are inevitable. With the publication of a new price list, all previous price lists lose their validity.
Orders must always be submitted in written form. Orders are subject to acceptance.
(16) Changes in orders
Changes must also be made in writing and may lead to additional costs.
(17) Delivery of goods / subsequent delivery
Upon delivery of the goods, a clear marking on the packaging of the goods with the project number of the company Markus Sonnenberg and Ellen Friehe GbR must have been made to ensure an exact allocation. We are entitled to reject goods that are not sufficiently marked at the expense of the customer. If goods are nevertheless accepted and must be commissioned by Markus Sonnenberg and Ellen Friehe GbR, this is at the expense of the customer. In the case of subsequent deliveries of delivered textiles for finishing, we reserve the right to invoice the additional costs incurred for machine set-up times. The customer shall be liable for ensuring that the contents of the delivered goods do not violate statutory provisions.
(18) Excess or short delivery
Excess or short deliveries of up to 5% are customary in the industry and cannot be objected to.
(19) Right of return
Instead of the right to revoke your contractual declaration, you have a right of return, about which we will inform you below: Return policy Right of return for goods manufactured according to customer specifications or goods clearly tailored to the personal needs of the customer. The return of the above mentioned goods is basically excluded! Right of return for goods from the e-shop You can return the received goods from our e-shop without giving reasons within 14 days by returning the goods. The period begins at the earliest with receipt of the goods and this instruction. Only in the case of goods that cannot be shipped by parcel post (e.g. bulky goods) can you declare the return of the goods by requesting their return in writing, e.g. by letter, fax or e-mail. The timely dispatch of the goods or the return request is sufficient to meet the deadline. In any case the return takes place at our expense and risk if you are a consumer. The return or the return request must be made to: Postal address Markus Sonnenberg und Ellen Friehe GbR, Hauptstrasse 15, 31319 Sehnde Rückgabefolgen In the event of an effective return, the services received by both parties must be returned and any benefits derived (e.g. benefits of use) surrendered. In the event of deterioration of the goods, compensation can be demanded. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible in a shop. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refraining from anything that could impair their value. End of the return instruction
The customer may only demand a reduction of the remuneration or an optional cancellation of the contract concluded with us due to justified defects if the repair or replacement delivery made by us has failed. The rectification of defects or replacement delivery presupposes that the customer pays the due remuneration less the value of the defective delivery or service, unless the defective delivery or service is worthless for him. Our liability shall in any case be limited and limited to the purchase price or to the remuneration for work to which we would be entitled if the contract had been properly executed. This limitation of liability does not apply to cases of intentional or grossly negligent action.
(21) Terms of payment, offsetting
Our invoices are due and payable immediately in cash without deduction. With new customers payment can be demanded under prepayment. Markus Sonnenberg and Ellen Friehe GbR refuse to accept bills of exchange. If the customer is in default of payment, we shall charge default interest at the rate of 4% per month. We reserve the right to assert higher damages caused by default. The customer shall only be entitled to set-off and retention if the counterclaims have been legally established or acknowledged by us. Deduction and reduction of invoices are excluded.
(22) Reservation of title
Ownership of our goods shall not pass to the customer until he has paid the purchase price including all ancillary claims. If several items are delivered at the total price, ownership of all items may remain reserved until payment has been made in full. The customer is entitled, as long as he is a dealer, to resell our property in the ordinary course of business. The remuneration claim to which the customer is entitled from the resale is hereby assigned by us by way of security in the amount of the invoice value of the delivered goods. Insofar as the goods delivered by us are processed by us, we are hereby granted a co-ownership share in the new item which corresponds to the ratio of the value of the goods delivered by us to the ratio of the value of the goods of other suppliers.
(23) Written form clause
All declarations made by the customer in connection with this contract, this applies in particular to notifications of defects, reminders, setting deadlines as well as the associated threat of rejection and declaration of withdrawal, must be made in writing.
(24) Ineffective contract coordination
Should a contractual agreement or a provision in the terms and conditions or sales and delivery conditions be or become invalid in whole or in part, the validity of the contract or the general sales and delivery conditions shall otherwise not be affected. The ineffective conditions shall be replaced by a condition that comes as close as legally possible to the purpose of these provisions. This shall apply mutatis mutandis in the event of a regulatory gap.
(25) Place of jurisdiction, place of performance
Place of jurisdiction for both sides (commercial) is Hannover/Sehnde. Version of 27.10.2010