Terms

The following terms and conditions apply to all orders on our webshop.

A consumer (customer / buyer) is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

With respect to entrepreneurs, these terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.

1.  Excess or short deliveries of up to 10% of the order quantity are permitted. We reserve the right to fluctuations of up to ± 10% of the length of the piece and ± 5% of the width of the goods as well as deviations customary in the nature of the goods (color, weight and equipment).

2. Complaints are to be made within 14 days of receipt and if the goods are in the same condition. Claims for compensation for the value of the defective goods delivered are excluded. Please check the quality of your ordered fabrics and products immediately upon receipt and report any defects or errors before processing! We can not accept any complaints after processing or washing. Unfortunately, we cannot take back defect-free fabrics or replace them with new goods. Unfortunately, we cannot take back, any goods that have been cut for customers.

3. The reservation of ownership applies to the delivered goods until all claims that the seller is entitled to for any legal reason against the buyer now or in the future up to full payment. Ownership can therefore only pass to the buyer through full payment.

The seller is entitled, without setting a grace period and without withdrawing from the contract, to demand the surrender of the goods subject to retention of title if the buyer is in default with his obligations towards the seller. The withdrawal of the reserved goods is only a withdrawal from the contract if the seller expressly declares this in writing. If the seller withdraws from the contract, he can demand an appropriate remuneration for the duration of the use of the goods.

The seller’s reservation of title extends to the products resulting from the processing. If the reserved goods are processed, mixed or combined with goods that are owned by third parties or by the buyer, the seller acquires co-ownership of the resulting products in the ratio of the invoice value of the reserved goods to the invoice value of the goods owned by third parties or the buyer .

4. The goods invoiced are payable in LUSTENAU / Austria within the payment terms granted. The day of payment is the day of the value date credit to our bank accounts. After a one-off reminder, we charge default interest of 10% p.a. after the expiry of the net conditions. All collection charges are borne by the buyer.

5. Austrian law is exclusively applicable to all business with our company. The place of jurisdiction is DORNBIRN / Austria.

6. The seller is not liable for damage to property suffered by a customer or an entrepreneur. The buyer undertakes to transfer this full limitation of liability to any customers, with the obligation to continue the transfer. The buyer is liable for violations of this obligation.

7. A right of recourse of the buyer according to § 12 of the Austrian Product Liability Act is excluded, unless the buyer proves that the seller is grossly negligent in fault of the product.

8. Agreements that deviate from these sales conditions must be recorded in writing and recognized by us. This applies to agreements that are made with our company in Germany and abroad.

9. We ship worldwide. The shipping costs are calculated based on the weight, the volume weight of the shipment and the recipient address. Surcharges for so-called outside areas, address corrections, any additional costs for redirection, undelivered shipments, storage costs, return costs in the event of non-delivery, or other additional charges in connection with the delivery will be charged to the buyer.

The shipping costs include packaging fees and postage costs.

We generally ship with the Incoterm DAP – Delivered At Place = Delivered named place of destination. The seller bears all costs and dangers up to the agreed destination.

We strive to deliver as soon as possible. There are no fixed delivery times. Of course, you will be informed if there is a delay due to a lack of stock.