AVB

Terms and conditions

– Valid from 06/13/2014 at 0.00 a.m.

§ 1 Scope and contractual basis
(1) For the between you as buyer and consumer in the sense of & sect; 13 BGB and the sales contract concluded with us as a seller for the delivery of goods, the following sales conditions apply.
(2) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximate.

§ 2 Prices, delivery costs, payment
(1) The prices include VAT at the statutory rate.
(2) You bear the delivery costs, unless you cancel the contract. These costs are shown depending on the desired delivery location and the selected shipping method when ordering before concluding a legally binding purchase contract
(3) If the contract is revoked, you bear the direct costs of returning the goods to us – regulates further § 11 of these AVB.
(4) Payment in the online shop is made with a debit order, cash on delivery, PayPal or in advance. We charge return direct debits in the actual amount, but at least in the amount of € 8.50, whereby you reserve the right to prove less damage. If separately, a purchase „ on account “agreed, the invoice is due for payment within 14 days of receipt of the invoice.

§ 3 Offsetting right of retention
You are only entitled to offset against our claims if your counterclaims have been legally established or we have recognized them. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 4 Delay in delivery, partial deliveries
(1) Unless otherwise stated in individual cases, we deliver the goods ordered within five working days from the date of the order. When paying in advance, we deliver the ordered goods within eight working days from the date of the transfer you made.
(2) If there is a delay in delivery based on an intentional or grossly negligent breach of duty for which we are responsible, we are liable according to the statutory provisions; the fault of our representatives or vicarious agents is to be attributed to us.
(3) If there is a delay in delivery based on a simply negligent breach of duty, our liability is limited to the foreseeable and typically occurring damage. However, if the breach of duty for which we are responsible concerns a breach of an essential contractual obligation or a duty, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you, the buyer, can regularly rely on, we are liable according to the statutory provisions.
(4) We are entitled to partial deliveries and partial services at any time if this is reasonable for you.

§ 5 Color names and sizes
The color names and sizes given in our publications (catalog, internet etc.) are not subject to any standards. Based on this information, it is not possible to draw any conclusions about certain dimensions or color schemes. Even within a brand, different items (e.g. polo shirt and t-shirt) can have completely different dimensions with the same size. Especially with so-called slim-fit / body-fit shirts, the size runs do not have to match the unisex items of the same brand. The same applies to women's and men's shirts from the same manufacturer. Women's shirts are regularly cut differently than the corresponding men's shirts, even with the same size.
The same color name can look completely different for different brands or different articles of one brand. Unfortunately, this problem cannot be solved by the color bars printed in the catalog. Each printed color bar in the catalog appears differently under different light sources and it is almost impossible to display a textile color 100% in paper print. Your right of return remains of course unaffected.
We expressly point out that every textile article made of cotton or cotton-polyester blend must be washed before wearing it for the first time. Due to the (completely harmless and harmless) chemical residues in textiles, immediate unwashed wear, especially under UV exposure, can lead to chemical reactions between body sweat and the residues. The resulting color impairments remain even after subsequent washes. Complaints or complaints for this are generally excluded.

§ 6 Rights in the event of defects
(1) Insofar as the delivered item does not have the quality agreed between you and us, or if it is not suitable for the use required in accordance with our contract or for general use, or if it does not have the properties that you could expect from our public statements we are committed to subsequent performance. This does not apply if we are entitled to refuse supplementary performance due to legal regulations. You must allow us a reasonable period for supplementary performance.
(2) The supplementary performance takes place at your choice by eliminating the defect (rectification) or delivery of a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or to withdraw from the contract during subsequent performance. If we have attempted the rectification twice in vain, it is considered to have failed. If the rectification has failed, you are entitled to choose to reduce the purchase price or to withdraw from the contract.
(3) Your right to make further claims for damages remains unaffected. If claims for defects are asserted in goods that have not been refined by us, further processing costs incurred by a third party can only be asserted in an appropriate amount. The benchmarks are the amounts listed in our price list for textile finishing.

§ 7 Other liability
(1) Unless otherwise stated in these General Terms and Conditions, including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We are liable for damages – for whatever legal reason – in the event of intent and gross negligence. We are only liable for simple negligence a) for damage to life, limb or health,
b) for damage resulting from the breach of an essential contractual obligation (obligation whose fulfillment enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly trusts and may rely); in this case our liability is limited to the replacement of the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from paragraph 2 do not apply if we maliciously concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act.
(4) Because of a breach of duty that is not a defect, you can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to § 651, 649 BGB) is excluded. Otherwise, the legal requirements and legal consequences apply.

§ 8 Retention of title
The delivered goods (reserved goods) remain our property until all claims from this contract have been paid in full.

§ 9 Copyright
As the client, you are solely liable if the execution of an order violates your rights, in particular the copyrights of third parties. The client has to release the contractor from all claims of third parties due to such an infringement.

§ 10 Final provision, applicable law, severability clause
German law applies to our contract. The application of the UN sales law is excluded.
Should individual provisions of these General Terms and Conditions be or become ineffective in whole or in part, or should they contain a loophole, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. The respective legal regulations take the place of the ineffective or missing provisions.

§ 11 Disclaimer
Disclaimer
Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier is in possession of the last item.
To exercise your right of withdrawal, you must contact us (RostRoth GbR, Abbot: merch.me, Brunnenstraße 37A, 65428 Rüsselsheim, Fax: (06142) 5506 -153 (See also: Impressum )) by means of a clear declaration (e.g. one sent by post Letter, fax or email) about your decision to sign this contract to withdraw, inform. You can do the attached Use the sample cancellation form, but this is not mandatory is
. To meet the cancellation deadline, it is sufficient for you to notify us about the exercise of the right of cancellation before the cancellation period expires send.
Consequences of cancellation
If you cancel this contract, we have all payments, that we have received from you, including delivery costs (with the exception of the additional costs that result from that you have a different type of delivery than the cheapest we offer Have chosen standard delivery), immediately and at the latest to be repaid within fourteen days from the date on which the notification we received this contract upon your revocation. For this repayment we use the same form of payment that you used in the original transaction, unless something else has been expressly agreed with you; in none In this case, you will be charged fees for this repayment. We can refuse repayment until we get the goods back received back or until you have provided proof, that you have returned the goods, depending on which of the earlier date is.
You have the goods immediately and in any case at the latest within fourteen days from the date on which you informed us of the cancellation inform this contract, send it back to us or hand it over. The deadline is met if you return the goods before the deadline of fourteen Days. You bear the immediate costs of the return of goods.
You only have to pay for any loss in value of the goods, if this loss of value on a to check the nature, Characteristics and functionality of the goods unnecessary handling with them End of cancellation policy

Exceptions to the right of withdrawal

There is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.