Cotton Classics

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For a good collaboration – the General Terms and Conditions of Business of Cotton Classics Handels GmbH

Group of customers:

Cotton Classics Handels GmbH supplies only to resellers of textile advertising media in the sectors of advertising media trading, textile printers, embroidery shops, occupational clothing, textile wholesalers, trading agencies, retail and online dealers if they are demonstrably active in this sector.

Orders:

When an order is issued, our General Terms and Conditions of Business are explicitly acknowledged. Individual agreements that go beyond these Terms and Conditions of Business or replace parts of these must be made in writing. The customer's own terms and conditions of order and delivery are hereby rejected.

Delivery:

Delivery will be made ex warehouse in Schwadorf. Goods will be dispatched immediately after order. Delivery is usually done within 24/48 hours, depending on time/weekday, season and delivery address. If not everything should be in stock, the availability will be clarified with the manufacturer and a date agreed with the buyer. In this case, there is the possibility of a partial delivery per order. All other partial deliveries requested by the buyer are not free of shipping costs. The goods will be delivered by parcel service, forwarding agent or courier service. For direct and indirect damage from delays in delivery or loss of the consignment that is the responsibility of the delivery agents or force majeure, we do not assume any liability that goes beyond the liability of the respective delivery agent. Deadline promises for deliveries and subsequent deliveries are based on the assumption of a scheduled term. As the result of several suppliers and transport companies being involved and possible unforeseeable incidents, we cannot assume any liability for brief delays.

Direct delivery to printers or embroidery shops:

In order to save time and shipping costs, there is the possibility of neutral direct shipment to printers or embroidery shops on behalf of the buyer. It is absolutely necessary that the printer / embroidery shop is instructed by our customer to check the type and quantity of the goods as we do not assume any liability for damage that results from the finishing of damaged or wrongly picked goods.

Direct delivery to the customers of our customers:

In order to save time and shipping costs, there is the possibility of neutral direct shipment to the customers of our customers (or other addresses) on behalf of the buyer. In this case, customer protection is deemed to be agreed from our side if the recipient cannot be clearly assigned to our group of customers (cf. "group of customers"). We can explicitly not assume any liability for damage that results from lack of knowledge on the part of the recipient with regard to correct takeover of the goods, such as a check of the quality and quantity of the goods and, in the case of a complaint, compliance with the deadline for the complaint.

Prices:

All deliveries will be made at the list prices valid on the day of shipment in EUR plus shipment costs and VAT in Austria. The amount of the shipment costs depends on the country of delivery. The shipment costs will not be charged in the case of certain net order values that depend on the country of delivery or the type of delivery (web shop or not). Price changes, also for individual products, are fundamentally possible at any time.

Payment:

Invoices will be sent by e-mail. As a general rule, we give a payment deadline of 30 days; payments within 7 days less 2% cash discount. We reserve the right to only supply goods to new customers or customers who have not complied with the agreed payment deadlines in return for cash on delivery or payment in advance. For cash on delivery shipments which are not accepted, we charge shipment costs and order picking and administration costs. The deduction of a cash discount is only deemed to be justified if all other invoices due are paid and the credit is received in our account within the cash discount deadline. Unjustified deductions of a cash discount will be subsequently charged and are due immediately. The respectively valid payment conditions are noted on the invoice and are binding. If the deadline is exceeded, arrears interest in the amount of 5% above the respectively valid discount rate of the ECB will be charged. If payment deadlines are not complied with and there is no justification for this, all other receivables will also become due immediately. The costs of collecting delayed payments (dunning fees, collection charges, lawyer and court costs) will be borne by the buyer.

Returns:

In general, there is no entitlement to the return of goods that have been correctly delivered. The return of unused, undamaged, unsoiled and non-finished goods in original packaging can be requested in writing, giving a precise description of the goods (product, volume, size code and colour information), the order number and the reason for the return. If we accept the return in writing, the goods can be sent back to us carriage prepaid. In this case, we will charge 20% of the value of the goods for restocking, but at least €5.00 per return. All costs that result due to the non-compliance with this procedure will be borne by the buyer. As a fundamental principle, the following cannot be taken back
- shirts and blouses that were individually packed in the factory after they have been unpacked
- underwear and socks

Complaints (quality).

Complaints must be made in writing within 3 working days. In general, printed/embroidered goods cannot be the subject of a complaint. If it concerns a justified but hidden fault (e.g. shrinkage above the tolerance level), we will also strive, even with finished goods, to negotiate an acceptable solution with our suppliers. At any rate, our liability cannot go beyond the replacement of the goods. With all textiles, slight fluctuations in colouring, size and grammage are to be anticipated. Within the tolerances clearly defined by the respective manufacturer, such fluctuations are no reason for complaint. It should be noted that the definition of the sizes of our products can be interpreted differently. A "too large M" or "too small XL" compared to another product or manufacturer does not constitute grounds for complaint. In cases of doubt, we recommend that you order a size sample beforehand. The same applies for colours: The same colour description can look entirely different on different products. The colour boxes in the catalogue are not binding with regard to the colour. Discolourings, changes in the material, shrinkage or other damage that have arisen as the result of improper handling or washing mistakes do not constitute any grounds for complaint either. In cases of doubt, an objective test with goods from the same batch is decisive.

Complaints (order picking):

Each order undergoes 2 control mechanisms. Nevertheless, we cannot fully rule out errors in order processing, order picking or also wrong goods in original boxes. In this case, we will strive to replace the goods as quickly as possible and at our costs. For any damage that goes beyond this (as the result of delay or finishing of the wrong goods), we cannot generally assume any liability. It is therefore necessary in all cases for the goods to be checked by the buyer or the finisher (printer/embroider) before finishing.

Restriction in liability:

No liability will be assumed for any kind of consequential damage unless it is due to wilful intent or gross negligence.

Retention of title:

All goods delivered remain our property until full payment of all receivables towards the buyer. The buyer's receivable from the resale to its customer is assigned to us at the time of order; in the event of a significant delay in payment, we are authorised to claim this assigned receivable directly against the customer to secure our receivables.

Data protection:

The buyer declares its consent that its data are stored on electronic media. The address material will be used to create our mailings in compliance with data protection provisions.

Usage rights to images:

On request, we will provide the buyer with image material of our products for advertising purposes.

The usage rights to photos with people (models) are subject to the following restrictions:

From a temporal perspective, usage is limited to the year of publication. From a formal perspective, usage is restricted to the sales promotion of the respective brand. Images may not be changed and not used in another context. With regard to content, usage is permitted solely in the pure B2B sector. Any usage in the private customer sector, in particular in online portals such as eBay, Amazon and Facebook is not permitted and can result in a warning by the holder of the image rights. We do not assume any liability for costs incurred by the buyer through unlawful usage of the image material.

Nullity:

If individual provisions of these Terms and Conditions of Business should breach valid law and be invalid, they will be replaced by a provision that is suitable to achieving the economic purpose of the invalid provision. The nullity of one or more provisions does not affect the remaining provisions.

The place of performance and jurisdiction for deliveries and payments is Vienna. This contractual relationship is governed solely by Austrian law.

Update: January 2020