Auf Englisch:

1. Scope of Application

The following General Terms and Conditions (GTC) govern the contractual relationship between 1A Textilveredelung GmbH & Co. KG, Vor dem Dorf 30, D - 31319 Sehnde, and consumers as well as business customers (clients) who purchase goods from 1A Textilveredelung GmbH & Co. KG.

The GTC apply to all deliveries and services provided by 1A Textilveredelung GmbH & Co. KG, as well as to all future transactions with our clients, insofar as the client is a business customer. Any contradictory terms and conditions from customers shall only be binding for us if we explicitly acknowledge them in writing for the respective contract.

2. Offers / Delivery / Delivery Deadlines / Over- or Under-Delivery

Our offers are non-binding and stated net, excluding the applicable statutory VAT. Offers are valid for a maximum of two months. However, we reserve the right to adjust prices in case of price increases by our suppliers. All offers are subject to change. Deviations in color in our images or descriptions are possible and may be due to technical reasons. Natural products such as leather items cannot be influenced in terms of color, meaning color variations are unavoidable. We strive to match the colors and halftones you provide as closely as possible, but as is common in textile finishing, tolerances must be expected.

The delivery of goods is carried out by third-party service providers (postal services).

The agreement of binding delivery dates or deadlines must be made in writing.

Delivery delays caused by circumstances beyond the control of 1A Textilveredelung GmbH & Co. KG (e.g., force majeure, strikes, production stops by the manufacturer) do not entitle the customer to claim compensation.

Over- or under-deliveries of up to 5% are industry standard and cannot be contested. We do not assume any costs for defective finished products of up to 1% per order or up to 3 rejected items per order. A deduction from the invoice due to this is not possible.

3. Samples / Changes / Production Approval

Samples, proof copies, and similar materials must be checked by the customer for text accuracy or any other errors. 1A Textilveredelung GmbH & Co. KG is not liable for errors that were not reported by the customer. Corrections and modifications communicated verbally must be confirmed in writing by the customer. Any changes made after print approval will result in additional costs, including machine downtime, which will be charged to the customer.

Refinement or customization is carried out only after motif and production approval. Motif approval is only required when creating a new design. In the case of identical reorders, we base production on the previous approval. The approval must always be provided in written form.

4. Liability

Apart from liability for material and legal defects, 1A Textilveredelung GmbH & Co. KG shall be fully liable only if the cause of the damage is based on intent or gross negligence.

1A Textilveredelung GmbH & Co. KG is also liable for slight negligence in the breach of essential obligations (obligations whose violation jeopardizes the achievement of the contractual purpose) and cardinal obligations (obligations whose fulfillment enables the proper execution of the contract and on which the customer regularly relies). However, this liability shall be limited only to foreseeable and contractually typical damages. 1A Textilveredelung GmbH & Co. KG shall not be liable for the slightly negligent breach of obligations other than those mentioned above.

The limitations of liability in the above paragraph do not apply in cases of injury to life, body, or health, for defects covered by a warranty, or in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

If the liability of 1A Textilveredelung GmbH & Co. KG is excluded or limited, this shall also apply to the personal liability of its employees, representatives, and agents.

5. Warranty

The warranty is subject to statutory provisions.

6. Data Protection

The customer acknowledges and agrees that the personal data required for order processing will be stored by 1A Textilveredelung GmbH & Co. KG on data carriers. The customer expressly consents to the collection, processing, and use of their personal data. The stored personal data will, of course, be treated confidentially by 1A Textilveredelung GmbH & Co. KG. The collection, processing, and use of the customer’s personal data is carried out in compliance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), the Telemedia Act (TMG), and the Privacy Policy of 1A Textilveredelung GmbH & Co. KG.

The customer has the right to revoke their consent at any time with future effect. In such cases, 1A Textilveredelung GmbH & Co. KG is obliged to immediately delete the customer's personal data. If an order is still being processed, the deletion will take place after the completion of the order process.

7. Copyright and Personality Rights

The customer assumes full responsibility for the usability of the designs commissioned from us. The customer confirms that they are the rights holder of the materials provided and, in particular, that no third-party rights are being violated.

The customer is solely liable if the execution of their order results in an infringement of third-party rights (in particular, copyright and personality rights). The customer expressly indemnifies us upon first request from all third-party claims arising from such an infringement.

Furthermore, the customer undertakes to fully cover all costs incurred by 1A Textilveredelung GmbH & Co. KG as a result of any legal action or remediation of an unlawful situation.

8. Payment Terms / Offsetting

Delivery is made against advance payment. Payment by invoice is possible. We accept PayPal.

For new customers, prepayment may be required. In the event of late payment, we charge default interest of 5% above the base interest rate for consumers and 9% above the base interest rate for businesses. We reserve the right to claim further damages resulting from the delay.

The customer is only entitled to offset or withhold payments if the counterclaims have been legally established or recognized by us.

9. Retention of Ownership

Ownership of our goods is transferred to the customer only after full payment of the purchase price, including all additional charges.

In the case of the delivery of multiple goods at a total price, ownership of all goods may be retained until full payment has been made.

10. Right of Withdrawal

Consumers generally have a statutory right of withdrawal when concluding a distance contract. Below, we provide information about this right in accordance with the legal template. A sample withdrawal form can be found in Section II. Exceptions to the right of withdrawal are detailed in Section III.

(I.) Withdrawal Instructions

As a consumer, you have the right to withdraw from this contract within fourteen (14) days without providing any reason. The withdrawal period lasts fourteen (14) days from the day on which you or a third party designated by you (who is not the carrier) has taken possession of the goods.

To exercise your right of withdrawal, you must inform us through a clear statement (e.g., a letter sent by post, fax, phone call, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, although it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification regarding the exercise of your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, the seller is required to reimburse all payments received from you, including delivery costs (except for any additional costs incurred if you have chosen a delivery method other than the standard, most cost-effective option offered by the seller). The refund will be made without undue delay and at the latest within fourteen (14) days from the day the seller receives your withdrawal notice.

For this refund, the seller will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise. Under no circumstances will you be charged any fees for this refund.

The seller may withhold the refund until the goods have been returned or until you have provided proof that you have returned the goods, whichever occurs earlier.

You must return or hand over the goods without undue delay, and in any case no later than fourteen (14) days from the day you informed the seller of your withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss results from handling that was not necessary to examine the nature, characteristics, and functionality of the goods.

Exclusions from the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for which the individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs.

Sample Withdrawal Form

The seller provides information on the sample withdrawal form as per legal regulations:

(II.) Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

— To: [The entrepreneur must insert their name, address, and, if applicable, fax number and email address]
— I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()
— Ordered on () / received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only required if notification is made on paper)
— Date

(*) Please delete as appropriate.

End of the withdrawal instructions.

(III.) Exclusion of the Right of Withdrawal

The right of withdrawal does not apply if the customer enters into the contract in the exercise of their commercial or independent professional activity and is therefore acting as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB).

Furthermore, the right of withdrawal does not apply to contracts for:

• The delivery of goods that are not prefabricated and for which the individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

• The delivery of perishable goods or goods with a short expiration date.

• The delivery of alcoholic beverages whose price was agreed upon at the time of contract conclusion but which cannot be delivered earlier than 30 days after contract conclusion and whose current value depends on market fluctuations beyond the entrepreneur's control.

• The delivery of newspapers, magazines, or illustrated publications, except for subscription contracts.

11. Image and Trademark Rights

All image, copyright, and trademark rights for the original content on this website (e.g., graphics, sounds, texts, databases, and animated images) are owned by 1A Textilveredelung GmbH & Co. KG.

The reproduction, distribution, or use of these contents and/or the use of trademarks and other materials without the explicit consent of 1A Textilveredelung GmbH & Co. KG is not permitted.

12. Written Form Clause

All statements made by the customer in connection with a contractual relationship with 1A Textilveredelung GmbH & Co. KG must be provided in written form.

13. Applicable Law / Jurisdiction

All contracts are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for business transactions with entrepreneurs is Hannover.

14. E-Mail Communication

Unencrypted emails are not protected against third-party access and may be altered or modified. 1A Textilveredelung GmbH & Co. KG assumes no liability for the confidentiality and integrity of unencrypted emails during transmission and after receipt by the customer.

Unless the customer explicitly requests otherwise and 1A Textilveredelung GmbH & Co. KG confirms this, email communication will generally take place unencrypted. The customer acknowledges the associated risks and agrees to this form of communication.

15. Règlement des litiges

La plateforme de règlement extrajudiciaire des litiges de l'Union européenne est accessible à l'adresse suivante :
➡ https://ec.europa.eu/consumers/odr/

1A Textilveredelung GmbH & Co. KG n'est ni disposée ni tenue de participer à une procédure de règlement des litiges devant un organisme de médiation pour les consommateurs.

Sehnde, octobre 2022