Cotton Classics

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For a good collaboration – the general terms and conditions of the Cotton Classics Handels GmbH

Please note that this is only a translation of our austrian terms and conditions and that this translation is without guarantee. If anything is unclear please don’t hesitate to contact us.

Clientele:

Cotton Classics Handels GmbH sells only to resellers of textile merchandising goods in the sectors promotional article trade, textile printing, embroidery, workwear, textile wholesale, commercial agencies, retail and online retailer under the condition that they are demonstrably active in that field.

Orders:

By placing an order our generals terms and conditions are explicitly accepted. Individual agreements that go further than our general terms and conditions - or replace parts of them - must be in written form. Order and delivery conditions of the customer shall be herewith opposed.

Delivery:

The delivery shall take place ex warehouse Schwadorf. Your order will be shipped shortly after it is received. The delivery takes place in general within 24/48 hours, depending on time of day/ weekday of the order, season and delivery address.  If we don’t have everything on stock we will check the availability with our suppliers and arrange a delivery date with the customer. In this case we offer the possibility of one partdelivery per order. All following part-deliveries that customers ask for are not free of shipping costs. The goods are sent by parcel service, forwarding company or messenger service. We will in no way be liable for any direct or indirect damages due to loss or delay of the sending in the fi eld of the deliverer or force majeure that go above the liability of the particular deliverer. Date confi rmations for deliveries and subsequent part-deliveries are based on a regular runtime. We are not liable for short delays due to several participating suppliers and carriers, as well as unforeseeable events.

Direct deliveries to printers and embroideries:

We offer the possibility to send direct deliveries in neutral packaging in the name of our customers to printers or embroideries to save money and time. It is necessary that our customer advises the printer/ embroidery to check the kind and quantity, as we are not liable for damages that arise because of the processing of damaged or wrong picked articles.

Direct deliveries to customers of our customers:

We offer the possibility to send direct deliveries in neutral packaging in the name of our customers to their customers (or other addresses) to save money and time. In this case a protection of customers applies, if the customer is clearly no part of our clientele (see clientele). We are not liable for damages due to lack of knowledge of the recipient concerning correct goods acceptance, like e.g. qualitative and quantitative control of the goods and observance to the deadline for complaints.

Prices:

Deliveries shall be invoiced at the list prices valid on the date of delivery. The prices are in Euro plus forwarding charges. The applicable minimum amounts for free shipping depends on the country of delivery.

Payment:

Our invoices are sent via e-mail and are payable within 7 days from the date of invoice at 2% discount or within 30 days without deduction. We reserve the right to deliver - to new customers or customers that failed to meet the agreed terms of payment - only upon receiving advance payment or cash upon delivery. We charge shipping costs as well as picking and administration costs if C.O.D. consignments are not accepted. Cash discount deductions shall be deemed justified only if all other due invoices are paid and the amount has been credited to our account within the cash discount period. Unjustified deductions shall be reinvoiced to the customer and shall become immediately due and payable. Payment terms will be according to the conditions of payment as specified in our invoices and are legally binding. If the payment term is exceeded the customer is obliged to pay interest for delay at a rate of 5% above the currently applicable discount rate of the European Central Bank. Outstanding accounts will be due for immediate payment, in case of delays in payment without providing a justifiable reason. The purchaser will bear the costs for the collection of payments (reminder charges, expenses of collection, lawyer’s and legal expenses).

Returns:

In general, there is no right to return correct delivered goods. The return of not used, not damaged and not processed goods in original packaging can be inquired in written form with the exact description of the goods (article, amount, size code und colour) as well as order number and reason for return. If we accept the return in written form, the goods can be returned to us free house. In this case we charge 20% of the original value of the goods as compensation for placing the goods back into storage, but at least € 5,- per return. The customer bears all costs resulting from a breach or non-observance of this proceeding.
The following items are generally excluded from any kind of reconsignment:
-       Individually factory- packaged shirts and blouses, once they have been unpacked
-       Underwear and socks

Claims (quality):

Claims must be brought forward in written form within 3 working days. Printed or embroidered goods cannot be rejected. In the case of justified but hidden damages (like shrinkage beyond the tolerance limits) we try to fi nd an acceptable solution with our suppliers also if the goods are already refi ned. In any case can our liability not exceed the replacement of the goods. All textiles can show little variations concerning colour, size and grammage. Variations within the tolerances specified by the supplier are no reason for claim. It should be noted that the definition of sizes of our articles can vary. A “too big M” or “too small XL” compared to another article or supplier are no reason for rejection. In case of doubt, we recommend to order a size sample in advance. The same applies to colours. The same colour identification can look completely different on various products. The coloured squares in the catalogue are not binding for us. Colourations, modifications of material, shrinkage and other damages that occur due to incompetent handling or washing mistakes are also no reason for rejection. In case of doubt an objective test with goods of the same load shall decide.

Claims (picking):

Every order runs through two control mechanisms. Nevertheless, we can’t completely eliminate mistakes in order processing or picking, as well as wrong articles in original boxes. In this case, we are committed to exchange the goods as quickly as possible at our expense. Liability for potential consequential damages (due to delay or finishing of the wrong goods) is generally impossible. Therefore it is in any case necessary that the articles are checked by the buyer or the refiner (printer, embroiderer) before they are finished.

Liability limitation:

Except in cases of malicious intent or gross negligence, there shall be no liability for any consequential damage.

Reservation of proprietary rights:

All goods delivered to one of our customers remain in our property until full payment of all outstanding debts of the customer. The purchaser’s claim from a further sale shall be assigned to us at the time of the order; in case of a substantial default in payment we are empowered to claim this transferred demand directly from the customer.

Privacy protection:

The customer agrees that his data are retained electronically. The address material is used for the preparation of transmissions in accordance with data protection rules.

Picture Copyrights:

On demand we place pictorial material at the disposal of our customer for advertising purposes. The rights of use for pictures with people (models) are limited to: a) the year of publication, b) the purpose of advertising for this product of this brand, c) B2B-Business. It is strictly forbidden to use these pictures for private customer business, especially at online portals such as Ebay, Amazon or Facebook and may lead to dissuasion with costs by the owners of the copyrights. We are not liable for any costs arising to the buyer out of unlawful usage of the pictorial material.

Nullity:

If parts of this terms and conditions are violating any applicable law and are invalid, they should be replaced by valid provisions which come closest to the economic intent of the invalid provision. The fact that one or more stipulations of these terms might prove to be invalid, can never influence the applicability of the remaining clauses.
Place of performance and exclusive place of jurisdiction for deliveries and payments is Vienna. The Austrian law shall exclusively apply to the contractual relationship.

Update: January 2019