General Terms and Conditions

‘s Nadelwerk, Jürgen Schneider (hereinafter referred to as ‘s Nadelwerk)

Validity

The General Terms and Conditions apply to all business relations between the company ‘s Nadelwerk and its customers in the version valid at the time the contract is concluded. The GTC shall also apply to future business relationships, even if they are not expressly agreed again. In the event that the client uses its own “General Terms and Conditions” which deviate from these “General Terms and Conditions”, the “General Terms and Conditions” of ‘s Nadelwerk shall apply exclusively.

Prices and offers

All offers are subject to change and non-binding. Only our written order confirmation is authoritative for the acceptance of the contract. Verbal agreements and agreements made by telephone shall only be binding if they are subsequently confirmed in writing. The agreed prices are quoted in euros strictly net plus statutory value added tax; this will be shown separately on the invoice at the statutory rate on the date of invoicing. Unless otherwise stated in the order confirmation, our prices are “ex works”, excluding packaging; this will be invoiced separately.

Delivery and shipping

Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. The delivery time stated by us only begins when the technical questions have been clarified and the correction sample has been approved.
Events of force majeure as well as strikes, operational disruptions, delays on the part of a supplier or other unforeseeable circumstances shall extend the delivery time appropriately. If delivery becomes impossible or unreasonable due to the aforementioned circumstances, we shall be released from the obligation to deliver. Claims for damages or withdrawal from the contract due to late delivery or non-fulfillment of the contract can only be asserted if the late delivery or non-fulfillment is due to the fault of ‘s Nadelwerk. and the client has previously given us notice of default by registered letter and a reasonable grace period.
In the event of a delivery without prior sample confirmation by the customer, this delivery cannot be subsequently objected to. The execution of the order is therefore at the risk of the customer. If third-party goods (delivered by the customer) are embroidered/printed, the execution is always at the customer’s risk. Errors caused by telephone orders cannot be objected to due to transmission errors.
We deliver all goods with a parcel service provider. When the goods are handed over to the supplier or directly to the client, ‘s Nadelwerk has fulfilled its obligation to perform and the risk is transferred to the client.
For each order, we charge shipping and packaging costs in the amount of the actual costs incurred. Deliveries abroad and to domestic islands and express deliveries are charged separately. Cash on delivery charges of the respective parcel service shall be borne by the customer.

Payment

Invoices are due for payment without deduction within 7 days of the invoice date. For new customers, the first delivery is made in advance. (Authorities and public institutions within Germany can order on account by arrangement). If the customer is in default of payment, the supplier shall be entitled to charge interest on arrears in accordance with the German Civil Code (BGB). When placing orders on behalf of third parties, the customer shall be liable for the correctness of the order and the payment of the entire claim.

Order change

Changes after receipt of the order confirmation are only possible to a limited extent and may be subject to a charge. An order amendment fee of € 9.90 plus VAT may be charged for order amendments. value added tax will be charged. If the product is changed, 10% of the value of the textiles concerned will be charged as a change fee. In the event of logo changes, the creation costs incurred up to the time of the change may be invoiced. No changes are possible to goods that have already been embroidered or printed.

Retention of title

The delivered goods shall remain our property until full payment of the purchase price and all other claims of ‘s Nadelwerk against the customer arising from the current business relationship.
If the customer is a dealer, he is entitled to resell the goods of ‘s Nadelwerk in the ordinary course of business as long as he is not in default of payment. The customer hereby assigns to us in full by way of security any claims arising from the resale or any other legal grounds in respect of the goods subject to retention of title.
If the goods delivered by ‘s Nadelwerk are further processed, we shall be granted a share of ownership in the new item in the ratio of the value of the goods subject to retention of title to the other processed items at the time of processing.

Color deviation

We expressly point out that the transmission of samples by electronic means of communication may result in color deviations; this means that the sample on the screen of the customer’s receiving device may show color deviations from reality. We accept no liability for this and this does not constitute a defect.

Sample

Should the customer withdraw from the order after inspecting the sample – although we have offered to produce a new sample according to his wishes – the customer shall pay us a flat-rate fee of 20% of the net price of the order plus statutory VAT for the expenses incurred to date.

Motifs / Logos

The customer is responsible for the accuracy of the text and the logo. The client bears the risk of the usability of the motifs made available to us for the respective purpose pursued by him and guarantees that they are free of third-party rights. He shall be solely liable if rights (in particular copyrights of third parties) are infringed by the execution of his order. The client shall indemnify us against all third-party claims arising from such an infringement. The client is solely responsible for checking the rights (trademark, copyright) to reproduce the templates.

Embroidery programs

The embroidery data programs, which are produced for the embroidery requested by the client, are our intellectual achievement as the conversion of a logo into stitches and can only be protected by not disclosing this data. The client has no right to the release of the data. Of course, the customer can use the embroidery program for subsequent orders with us.

Complaint

The goods must be checked for completeness and correctness immediately upon receipt. Please notify us in writing of any obvious defects within 5 days of receipt of the goods. Warranty claims by the customer are excluded if this is not reported within this period. Technically unavoidable deviations in quality, width, color of the equipment or the design may not be objected to. In particular, no liability can be accepted for the customer’s own goods. In the event of justified complaints, the buyer has the right to rectification or delivery of replacement goods. Replaced parts shall become our property. If the customer purchases several products in one order, it shall be agreed upon placement of the order that a claim for reduction or rescission shall always only exist for the individual product affected by defects.
The company ‘s Nadelwerk is not liable for errors caused by the client. The company ‘s Nadelwerk is not liable for faults caused by handling the textiles contrary to the care instructions on the inside label of the textiles, nor for normal wear and tear.
For all color shades etc. specified by us, the tolerances customary in the industry or reasonable in accordance with the intended use shall apply.