Terms and Conditions

General Terms and Conditions (GTC) TEXPRINT Deutschland GmbH

1. Scope

These GTC apply to all offers, orders, contracts, and deliveries of TEXPRINT Deutschland GmbH. German law applies to deliveries/services abroad. Deviations from these GTC are only valid if confirmed by us in writing. We hereby expressly reject the terms and conditions of the client if they deviate from our GTC. By placing an order, the client acknowledges our GTC.

2. Offers and Conclusion of Contract

Our offers regarding price, quantity, and delivery time are non-binding. Unless explicitly recognized as binding, the documents belonging to the offers, such as illustrations, drawings, weight, size, or measurement specifications, are only approximate. The binding acceptance of the order is only made through our written order confirmation, which can also be replaced by delivery and/or invoicing. Interim sales remain reserved.

3. Prices

Unless expressly and in writing agreed otherwise, all price quotations, such as in catalogs, on websites, and in other publications, are exclusive of statutory VAT and apply from our company headquarters. Specified freight costs apply only to deliveries within Germany. We accept no liability for the timeliness of the published prices. We reserve the right to change prices or update products without prior notice.

4. Terms of Payment and Default

The invoice amount is due and payable in advance without deduction. For transfers, the invoice number must be stated. We reserve the right to deliver with another payment condition agreed with the customer instead of these usual payment conditions. We also reserve the right to carry out a credit check via Schufa or another credit reference agency. Offsetting with counterclaims is excluded, as is the assertion of a right of retention from previous transactions. In the event of default in payment, we are entitled to charge default interest of 15% per year and reminder fees of EUR 5.00 per reminder and to calculate these. Proof of higher damage remains reserved. If payment is not made within the set period even after a reminder, all outstanding invoices of the customer become due for immediate payment. The claims can then be handed over to a collection agency for collection or to a lawyer for titling. The resulting further costs are borne by the client. All deliveries are made under retention of title as well as extended retention of title. The correct and complete indication of the invoice number is mandatory for payment/transfer, even if the customer has already sent the payment receipt to us in advance by fax or email. If there are delays in delivery or deadline overruns due to missing or incomplete information, these are not attributable to our company.

5. Deliveries, Shipping, and Shipping Costs

Deliveries/services are made from the company headquarters at the client's expense and risk. Shipping is carried out by a carrier commissioned by us. If it is necessary to make the delivery by express, courier, or similar services to meet the agreed delivery date, the additional costs incurred are borne by the client. Partial deliveries are permissible at any time and cannot be rejected by the client. We strive to meet specified delivery dates. However, in the absence of an express confirmation of a fixed date, they serve only as a guide to the performance time. If the deadline is exceeded, this does not entitle to compensation or withdrawal from the contract. If agreed delivery times cannot be met due to force majeure, operational disruptions, or delays by our supplier, we are entitled to extend the delivery period by the duration of the hindrance or to withdraw from the contract at our discretion. Furthermore, an agreed delivery date is considered met if the goods have been handed over to a carrier or declared ready for dispatch no later than one calendar day before the agreed delivery date. If there is a delivery delay, a reasonable grace period must be set in writing, which should not be less than 4 weeks. Fixed dates are not recognized by us. For orders that the customer cancels after receiving our order confirmation, 20% of the total order amount will be charged as processing costs. The customer is solely responsible for the logos/motifs sent to us. It is not our company's responsibility to check whether it is a protected logo and thereby violates copyright. Changes to the originally communicated delivery address or shipping method must be submitted to us in writing no later than 2 days before the planned shipping date. Only then can we ensure that these changes can still be implemented.

6. Samples

When implementing the ordered logo, there may be color deviations when transmitted by email. Only for print samples sent by post to the customer is the 100% color match between the print sample and the delivered textiles guaranteed by us. The customer must explicitly request the print sample by post in writing; otherwise, only the sending of approval images by email is intended. Specially made or requested samples for the customer are charged at the unit price plus shipping costs. Special agreements regarding the samples are only valid if agreed in writing. Returns or exchanges are generally excluded. For sample orders up to 10 pieces, no approval images will be sent by email in advance. If, for example, there are deviations in the color implementation of the logo compared to the customer's template, this does not entitle the customer to reclaim the invoice amount or return the goods.

7. Warranty Defects and Complaints

Complaints must be made in writing within one week of delivery – in the case of hidden defects immediately after discovery. If defects occur only in part of the delivery, the client is not entitled to complain about the entire delivery. The complained goods must be made available to us for collection at the place of original delivery or, at our discretion, returned at our expense. If the goods have already been further delivered or distributed to multiple recipients, the costs for gathering the complained goods are borne by the client. If the complaint is justified, we have the right to choose between rectification, replacement, cancellation, or reduction. The right to compensation is limited to intent or gross negligence. Claims for cancellation of the contract or reduction of the purchase price are excluded. This also applies to all consequential damages. Refined goods are excluded from exchange and can no longer be complained about. The client undertakes to check the goods for conformity in terms of quantity and/or quality/design with the ordered goods and to check for any defects before refining (printing, embroidery, etc.) or to have them checked by third parties upon delivery.

8. Third-Party Trademark and Copyrights; Data Protection Rights

The client is solely liable if the execution of his order infringes on third-party rights, in particular but not limited to trademarks and/or copyrights. The client must indemnify Texprint from all third-party claims due to such infringement and promptly assume all costs incurred by Texprint as a result. Texprint is entitled to depict the item delivered to the customer or the advertising inscription for advertising purposes. Customer and supplier data will be stored and processed as part of the business relationship.

9. Jurisdiction and Place of Performance

The place of jurisdiction and performance is Coesfeld.

10. Severability Clause

Should individual provisions of these GTC be or become wholly or partially invalid, or should they contain a regulatory gap, the validity of the remaining provisions or parts of the GTC remains unaffected. Instead of the invalid or missing provisions, the respective legal regulations apply, provided that a regulation according to the economic purpose of the provision cannot be found.