Conditions

General terms and conditions for private customers                     General terms and conditions for entrepreneurs

General Conditions of Sale (AVB)

  • 1 Scope and contractual basis
    (1) The following terms and conditions of sale apply to the purchase contract concluded between you as buyer and consumer within the meaning of Section 13 of the German Civil Code (BGB) and us as seller for the delivery of goods.
    (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 withdraw from the contract. These costs are shown depending on the desired place of delivery and the selected type of dispatch when ordering before a legally binding purchase contract is concluded.
    (3) In the event of a cancellation of the contract, you bear the direct costs of returning the goods to us – further details are governed by Section 11 of these General Terms and Conditions.
    (4) Payment in the online shop is made by direct debit, cash on delivery, PayPal or in advance. We charge return debits in the actual amount, but at least in the amount of € 8.50, whereby you reserve the right to provide evidence of lower damage. If a purchase “on account” has been agreed separately, 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 will deliver ordered goods within five working days from the date of the order at the latest. If you pay in advance, we will deliver the goods you have ordered within eight working days from the date of the transfer made by you.
    (2) If there is a delay in delivery due to an intentional or grossly negligent breach of duty for which we are responsible, we are liable in accordance with the statutory provisions; Any fault on the part of our representatives or vicarious agents is attributable to us.
    (3) If there is a delay in delivery due to a merely 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 relates to the breach of an essential contractual obligation or an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and which you as the buyer can regularly rely on, we are liable in accordance with the statutory provisions.
    (4) We are entitled to partial deliveries and partial services at any time, provided 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 conclusions about specific dimensions or color ideas. Even within one brand, different items (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size specification. 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. Even if the size is the same, women’s shirts are regularly cut differently than the corresponding men’s shirts.
    The same color designation 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 different under different light sources and it is almost impossible to show 100% textile coloring in paper printing.
    Deviations in size and color therefore generally do not justify claims for defects. Of course, your right of return remains unaffected.
    We expressly point out that every textile item made of cotton or a cotton-polyester blend must be washed before being worn for the first time. Due to the (completely harmless and harmless) chemical residues on textiles, if they are worn immediately and unwashed, especially under UV exposure, chemical reactions between body sweat and the residues can occur. The resulting color deterioration persists even after subsequent washes. Complaints or complaints about this are usually excluded.
  • 6 Rights in the event of defects
    (1) If the delivered item does not have the quality agreed between you and us or if it is not suitable for the use required under our contract or for general use or if it does not have the properties that you could expect according to our public statements, so are we are obliged to provide supplementary 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 subsequent performance.
    (2) The supplementary performance takes place at your choice by removing the defect (repair) or delivery of a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If we have tried the rework twice in vain, it is considered to have failed. If the rework has failed, you have the right to choose to either reduce the purchase price or withdraw from the contract.
    (3) Your right to assert further claims for damages remains unaffected. If claims for defects are made on goods that have not been refined by us, further processing costs incurred by a third party can only be claimed in an appropriate amount. The benchmarks for comparison are the amounts listed in our price list for textile finishing.
  • 7 Other liability
    (1) Unless otherwise stated in these AVB 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 willful intent and gross negligence. We are only liable for simple negligence
    a) for damage resulting from injury to life, limb or health,
    b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner regularly relies and may trust); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
    (3) The results from para. The limitations of liability resulting from this do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to claims by the buyer under the Product Liability Act.
    (4) Because of a breach of duty that does not consist of 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. In addition, the legal requirements and legal consequences apply.
  • 8 Reservation 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 rights, in particular copyrights, of third parties are violated by performing an order according to your specifications. The client has to release the contractor from all claims by third parties due to such legal infringements.
  • 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 GTC be or become ineffective in whole or in part, or should they contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In place of the ineffective or missing provisions, the respective statutory regulations apply.
  • 11 cancellation policy

    Right of withdrawal

    Right of withdrawal

    You have the right to withdraw from 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, has taken possession of the last goods.

    To exercise your right of withdrawal, you must contact us (Böhning-Design, Complaints / Returns, Meesmann Straße 70, 58456 Witten, Tel .: 02302 – 78 00 930, Fax .: 02302 – 78 00 931, Email: shop @ boehning-design. de) inform you of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
    To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

    Consequences of withdrawal

    If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

    You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

    You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

    End of revocation

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To: Böhning-Design, Complaints / Returns, Meesmann Straße 70, 58456 Witten, Tel .: 02302 – 78 00 930, Fax .: 02302 – 78 00 931, Email: shop@boehning-design.de

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

Ordered on (*) __________________________ / received on (*) ______________________________

Name of the consumer (s) __________________________________

Address of the consumer (s) __________________________________

Signature of the consumer (s) (only when notified on paper) ___________________________________________

Date _______________________

___________
(*) Delete where inapplicable.

General Conditions of Sale (AVB) for entrepreneurs

  • 1 General, scope

(1) The present General Conditions of Sale (AVB) apply to all business relationships with our customers if the customer is an entrepreneur (Section 14 BGB), a legal entity under public law or a special fund under public law. The current version of the General Terms and Conditions also apply as a framework agreement for future contracts for the sale and / or delivery of movable objects with the same buyer, without us having to refer to them again in each individual case.

(2) Our AVB apply exclusively. General terms and conditions of any kind from our customers do not become part of the contract even if we have not contradicted them in individual cases.

(3) Legally relevant declarations and notifications that you must submit to us after the conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction in price) must be in text form to be effective.

(4) References to the validity of statutory provisions only have a clarifying meaning. The statutory provisions therefore apply even without such a clarification, unless they are directly amended or expressly excluded in these AVB.

  • 2 Conclusion of contract, prices and terms of payment

(1) Our offers are subject to change and non-binding. This also applies if we have given you catalogs, other product descriptions or documents – also in electronic form – to which we reserve property rights and copyrights. Unless otherwise agreed in individual cases, our current prices at the time of the conclusion of the contract apply, ex warehouse, plus statutory sales tax.

(2) The order of the goods by you is considered a binding contract offer.

(3) The acceptance takes place through a written order confirmation or through delivery of the goods to you.

(4) The invoice date is that of the delivery of the goods. The purchase price is due upon invoicing; 2% discount if payment is made within the first 14 days, if the payment term is used, 30 days net. Instead of the usual payment terms, we may also deliver cash on delivery, prepayment or other payment terms to be agreed with you by agreement.

(5) You will be in default when the above payment period has expired. The purchase price is subject to interest of 10% pa during the delay. For the second reminder, reminder fees in the amount of EUR 2.50, for the third reminder fees in the amount of EUR 5.00, and for the fourth reminder in the amount of EUR 10.00. After the 4th reminder, the claims are handed over to a debt collection company. The resulting additional costs are at your expense.

(6) If, after the conclusion of the contract, it becomes apparent that our claim to the purchase price is endangered by the buyer’s inability to pay (e.g. by filing for insolvency proceedings), we are entitled to refuse performance and withdraw from the contract in accordance with the statutory provisions (§ 321 BGB). In the case of contracts for the production of non-representable items (custom-made items), we can declare our withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected.

  • 3 shipping costs

Deliveries are made with a carrier of our choice. You bear the transport costs.
For orders via the online shop, deliveries that exceed a net goods value of EUR 150.00 are free of charge. For deliveries below this value, shipping costs of 6.90 EUR per box will be charged.

The shipping costs cover all costs for packaging, delivery papers and the usual transport and delivery costs for normal shipping. Should or must a delivery be made by express, courier or comparable services in order to comply with a delivery date agreed in writing, the additional costs incurred for this will be at your expense.

  • 4 offsetting; Right of retention

You are only entitled to offset against our claims if your counterclaims have been legally established, we have recognized them or if your counterclaims are undisputed. This also applies if you make complaints or counterclaims. As a buyer, however, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

  • 5 Delivery deadline and delay in delivery

(1) The delivery dates or deadlines are exclusively non-binding information, unless they have been expressly agreed as binding between you and us.

(2) The occurrence of the delay in delivery is determined by the statutory provisions. In any case, a reminder is required from you.

(3) If we culpably fail to meet an expressly agreed binding deadline or if we are in default for any other reason, you must set us a reasonable grace period to effect our performance. If we let this grace period elapse without success, you are entitled to withdraw from the purchase contract.
Unless we have binding delivery times for reasons that we Not  are responsible for, cannot comply (unavailability of the service), we will inform you about this immediately and at the same time inform you of the expected new delivery period. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse any consideration that has already been paid.

(4) If the delay in delivery is based on the culpable breach of an essential contractual obligation or on the culpable breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as the buyer can regularly rely and we are responsible for this breach of duty, so we are liable according to the statutory provisions. In the case of simple negligence, however, our liability is limited to the foreseeable and typically occurring damage.

  • 6 Delivery, transfer of risk, acceptance, default in acceptance

(1) Delivery takes place ex warehouse, which is also the place of performance. At the request of the buyer, the goods can be sent to a different destination (sale by mail order). We are entitled to partial deliveries and partial services at any time, provided this is reasonable for you.

(2) The risk of accidental loss and accidental deterioration of the goods is transferred to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment when the goods are handed over or, in the case of sale by mail order, with the delivery of the goods. If an acceptance has been agreed, this is decisive for the transfer of risk. The statutory provisions of the law on contracts for work and services also apply accordingly to an agreed acceptance. The handover or acceptance is the same if the buyer is in default of acceptance.

(3) If you are in default of acceptance, fail to cooperate or our delivery is delayed for other reasons for which you are responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs).

  • 7 Reservation of Title

We reserve title to the sold goods until all of our current and future claims from the sales contract and an ongoing business relationship (secured claims) have been paid in full.

  • 8 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 conclusions about specific dimensions or color ideas. Even within one brand, different items (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size specification. 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. It goes without saying that women’s shirts are cut differently than the corresponding men’s shirts, although the size information is completely identical.

The same color designation 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 different under different light sources and it is almost impossible to show 100% textile coloring in paper printing.

Deviations in size and color therefore generally do not justify claims for defects. The return of goods according to § 11 remains of course unaffected.

It should also be pointed out that every textile item made of cotton or a cotton-polyester blend must be washed before being worn for the first time. Due to the (completely harmless and harmless) chemical residues on textiles, if they are worn immediately and unwashed, especially under UV exposure, chemical reactions between body sweat and the residues can occur. The resulting color deterioration persists even after subsequent washes. Complaints or complaints about this are usually excluded.

  • 9 Buyer’s claims for defects

(1) If the delivered item does not have the quality agreed between you and us or if it is not suitable for the use required by our contract or for general use, we are obliged to provide supplementary 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 subsequent performance.

(2) Your claims for defects require that you have complied with your statutory inspection and notification obligations (§§ 377, 381 HGB). Complaints are to be sent to us in writing immediately, at the latest within 3-4 working days – in the case of hidden defects immediately after they become known.
Before finishing (embroidery, printing, etc.), the goods must be examined by you or the finishing company for any defects.
If claims for defects are made later on goods that have not been finished by us, further refinement costs incurred by a third party can only be claimed up to the amounts provided in our price list for textile refinement.

(3) Goods complained about are to be made available to us at an agreed date at an agreed location. If the goods have already been forwarded or distributed to several recipients, the costs for assembling the goods in question are not borne by us.

(4) The supplementary performance takes place at your choice by eliminating the defect (rework) or delivery of a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If we have tried the rework three times in vain, it is considered to have failed. If the rework has failed, you have the right to choose to either reduce the purchase price or withdraw from the contract.

(5) You can only assert claims for damages due to a defect if the supplementary performance has failed. Your right to assert further claims for damages under the following conditions remains unaffected.

  • 10 Other liability

(1) Unless otherwise stated in these AVB 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 willful intent and gross negligence. We are only liable for simple negligence
a) for damage resulting from injury to life, limb or health,
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner regularly relies and may trust); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

(3) The results from para. The limitations of liability resulting from this do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to claims by the buyer under the Product Liability Act.

(4) Due to a breach of duty that does not consist of a defect, the buyer 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. In addition, the legal requirements and legal consequences apply.

  • 11 Goods – Returns

(1) The return of new, unfinished goods is accepted under the conditions set out in paragraphs 3 and 4 if the delivery was not more than four weeks ago. Shirts and blouses individually packaged at the factory can be stored after unpacking. cannot be withdrawn. The same applies to processed goods.

(2) Is the reason for the return a Supplier error , we will pick up the goods from you. Collection can be requested by phone, fax or email. You can also return the goods. The costs for the return will be borne by us, provided that they do not exceed the costs of collection. After the return you will receive a credit note for the value of the goods including all shipping costs without deduction.

(3) Lies no supplier error  before, send us the goods. In this case, after the return has been processed, you will receive a credit note for the value of the goods minus 25% handling costs, but at least minus EUR 5.00. In this case, shipping costs will not be credited. If we also take back unpacked shirts and blouses in agreed exceptional cases, deviating from the regulation in paragraph 1, the handling costs for these items are 50%.

  • 12 Statute of Limitations

(1) The mutual claims of the contracting parties expire in accordance with the statutory provisions, unless otherwise stipulated below.

(2) Notwithstanding Section 438 Para. 1 No. 3 BGB, the general limitation period for claims from material and legal defects is one year from delivery. If an acceptance has been agreed, the statute of limitations begins with the acceptance.

(3) This does not affect statutory special provisions for real claims for surrender by third parties (Section 438 Paragraph 1 No. 1 BGB), for claims in supplier recourse (Section 479 BGB) as well as for those in Section 10 Para. 2 and 3 mentioned claims for damages. In these cases, only the statutory statute of limitations apply.

  • 13 Copyright

As a client, you are solely liable if rights, in particular copyrights, of third parties are violated through the execution of your order. You have to indemnify the contractor from all claims by third parties due to such legal infringements.

  • 14 Choice of law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies to these General Terms and Conditions and all legal relationships between us and you, excluding all international and supranational (contractual) legal systems, in particular the UN Sales Convention. Requirements and effects of the retention of title acc. § 6, on the other hand, are subject to the law at the respective location of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective.

(2) If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship our place of business . However, we are also entitled to take legal action at the buyer’s general place of jurisdiction.

  • 15 Severability Clause

Should individual provisions of these GTC be or become ineffective in whole or in part, or should they contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In place of the ineffective or missing provisions, the respective statutory regulations apply.

Information on online dispute settlement: In the first quarter of 2016, the EU Commission will provide an internet platform for online settlement of disputes (so-called “OS platform”). The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The OS platform can be reached under the following link: http://ec.europa.eu/consumers/odr

If you have any questions, please feel free to contact us by email: shop@boehning-design.de

MPRESSUM

Böhning design

Meesmann Strasse 70
58456 Witten, Germany

Tel .: 02302 – 78 00 930
Fax .: 02302 – 78 00 931
Email: shop@boehning-design.de
Web: www.boehning-design.de

Owner / Managing Director: Martin Böhning

Bank: Volksbank Sprockhövel
BIC / Swift: GENODEM1SPO
IBAN: DE46 4526 1547 0013 6469 01

Platform of the EU Commission for online dispute resolution:  www.ec.europa.eu/consumers/odr