§ 1 General, scope
1. These General Terms and Conditions (GTC) apply to all
business relationships with our customers if the customer is an entrepreneur (§ 14 BGB), a
legal entity under public law or a special fund under public law.
The GTC in their respective versions also apply as a framework agreement for future
contracts for the sale and/or delivery of movable goods with the same
buyer, without us having to refer to them again in each individual case.
2. Our GTC apply exclusively. General terms and conditions of any kind of our
customers do not become part of the contract even if we have not objected to them in the individual case.
3. Legally relevant declarations and notifications that you have to make to us after the conclusion of the contract (e.g. setting deadlines, notifications of defects, declaration of withdrawal
or reduction) must be in text form to be effective.
4. References to the validity of statutory provisions are only intended to clarify. Even without such clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these General Terms and Conditions.

§ 2 Contract conclusion, calculation, prices and payment terms
1. Our offers are non-binding and subject to change. This also applies if we have provided you with
catalogs, other product descriptions or documents – also in electronic form – to which we reserve ownership and copyright. Unless otherwise agreed in individual cases, our prices current at the time of the contract conclusion apply, ex warehouse, plus statutory sales tax.
2. Your order of the goods is considered a binding contract offer.
3. Acceptance occurs by written order confirmation or by delivery of the goods to you.
4. If it becomes apparent after the conclusion of the contract that our claim to the purchase price is jeopardized by the buyer’s inability to pay (e.g. by filing for insolvency proceedings), we are entitled to refuse performance and to withdraw from the contract in accordance with the statutory provisions (§ 321 BGB). In the case of
contracts for the manufacture of non-fungible items (custom-made items), we can
declare withdrawal immediately; the statutory provisions regarding the dispensability of setting a deadline
remain unaffected.
5. Everything on advance payment

§ 3 Shipping costs
1. Deliveries are subject to shipping costs and statutory VAT.
The amount of shipping costs depends on the type of order, the order value and the country of delivery. The shipping costs cover all costs for packaging, delivery documents and, for standard shipping, the usual transport and delivery costs. If a delivery is to or must be made by express, courier or similar services in order to meet a delivery date agreed in writing, the additional costs incurred for this are to be borne in full by the customer. The currently valid shipping costs can be found in our shop under the menu item Shipping costs.

§ 3.1 Shipping costs for subsequent deliveries
1. If the customer can already see when placing the order that the entire ordered quantity cannot be delivered immediately based on the available quantities displayed in the web shop,
and the customer expressly requests partial deliveries, partial deliveries will be made freight-free in Germany and Austria.

§ 4 Offsetting; right of retention
1. You are only entitled to offset against our claims if your
counterclaims have been legally established, we have acknowledged them or if your
counterclaims are undisputed. This also applies if you assert complaints about defects or
counterclaims. As a buyer, however, you may only exercise a right of retention if your counterclaim is based on the same purchase agreement.

§ 5 Delivery period and delay in delivery
1. The delivery dates or deadlines are exclusively non-binding information, unless
they have been expressly agreed between you and us as binding.
2. The occurrence of the delay in delivery is determined by the statutory provisions. In any case, however, a reminder from you is required.
3. If we culpably fail to meet a deadline expressly agreed as binding or
if we fall behind for another reason, you must set us a reasonable grace period to provide our service. If we allow this grace period to expire without result, you are entitled to withdraw from the purchase contract. If we cannot meet binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will inform you of this immediately and at the same time inform you of the expected new delivery period. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will immediately refund any consideration already provided.
4. If the delay in delivery is due to the culpable breach of an essential contractual obligation
or 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, we shall be liable in accordance with 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 from the warehouse, which is also the place of performance. At the request of the buyer, the goods will be sent to another destination (sale by dispatch). We are entitled to make partial deliveries and partial services at any time, provided that this is reasonable for you.
2. The risk of accidental loss and accidental deterioration of the goods passes
upon handover, in the case of sale by dispatch, upon delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk.
In other respects, the statutory provisions of the law on work contracts also apply accordingly to an agreed acceptance. Handover or acceptance is equivalent to this if the buyer is in default of acceptance. 3. If you are in default of acceptance, fail to cooperate or if 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 Retention of title
1. We retain title to the goods sold until all of our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.

§ 8 Colour names and size information
1. The color names and size information given in our publications (catalog, internet, etc.) are not subject to any standards. It is not possible to draw conclusions about specific dimensions or color ideas based on this information. Even within a brand, different items (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size. In particular, with so-called slim fit/body fit shirts, the size ranges 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 even though the size information is completely identical. The same color name can look completely different for different brands or even different items from one brand. Unfortunately, this problem cannot be solved by the color bars printed in the catalog. Every color bar printed in the catalog appears different under different light sources and it is almost impossible to represent a textile color scheme 100% in paper print. Deviations in size and color therefore do not generally constitute grounds for claims for defects. The return of goods in accordance with Section 11 remains unaffected by this. It should also be pointed out here that every textile article made of cotton or a cotton-polyester mix must be washed before being worn for the first time. Due to the (completely harmless and safe) chemical residues in textiles, chemical reactions between body sweat and the residues can occur if the item is worn immediately without being washed, particularly under UV exposure. The resulting color impairments remain even after subsequent washing. Complaints or claims in this regard are generally 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 stipulated in our contract or for general use, we are obliged to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance due to the statutory regulation. You must grant us a reasonable period of time for subsequent performance.
2. Your claims for defects require that you have complied with your statutory inspection and complaint obligations (§§ 377, 381 HGB). Complaints must be sent to us in writing immediately, within 3-4 working days at the latest – in the case of hidden defects immediately after they become known. The goods must be inspected for any defects by you or the finishing company before finishing (embroidery, printing, etc.). 3. Goods complained about must be made available to us at an agreed time and place. If the goods have already been delivered on or distributed to several recipients, the costs for assembling the goods complained about will not be borne by us. 4. Subsequent performance will be carried out at your discretion by removing the defect (repair) or delivering a defect-free item (replacement delivery). During the subsequent performance, you are not entitled to reduce the purchase price or withdraw from the contract. If we have attempted to remedy the defect three times without success, this is deemed to have failed. If the repair has failed, you are entitled, at your discretion, to reduce the purchase price or withdraw from the contract. 5. You can only assert claims for damages due to a defect if the subsequent 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 General Terms and Conditions, including the following provisions, we are liable for breaches of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
2. We are liable for damages – regardless of the legal basis – in the event of intent and gross negligence. In the event of simple negligence, we are only liable
1. for damages resulting from injury to life, body or health,
2. for damages resulting from the breach of an essential contractual obligation (an obligation,
the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the
foreseeable, typically occurring damage.
3. The liability limitations resulting from paragraph 2 do not apply if we have fraudulently concealed a defect or provided 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. The buyer’s free
right of termination (in particular according to §§ 651, 649 BGB) is excluded.
In all other respects, the statutory requirements and legal consequences apply.

§ 11 Goods – Returns
1. The return of new, unrefined goods is accepted under the conditions specified in paragraphs 3 and 4 if the delivery was made no more than four weeks ago.
1. The following are generally not taken back:
• shirts and blouses individually packaged at the factory after unpacking,
• underwear and socks,
• washed items,
• face masks,
• finishing films,
• goods finished by the customer.
The goods listed will only be taken back if the goods have a
hidden defect that could not be detected before finishing. Please
note § 9, paragraph 2 of these terms of sale.
2. Goods of the Brook Taverner brand can only be returned in
the original packaging and with the original clothes hanger.
3. Yarns will only be taken back in unopened boxes. Opened boxes,
mixed-color containers or individual spools of yarn cannot be taken back. 2. Accompanying documents must be enclosed with the return. Processing is not possible without these. For this purpose, we provide a return slip in our shop under Return of goods/Return slip for download. Other documents than the return slip, such as copies of delivery notes or order confirmations, can also be used. If goods are returned from several deliveries, the goods in the shipment must be divided up so that they can be clearly assigned to the respective, original delivery. 3. If the reason for the return is a supplier error, we will collect the goods from you. Collection can be requested by telephone or email. It is also possible for you to return the goods yourself. The costs for the return will be borne by us, provided they do not exceed the costs of collection. After the return has been processed, you will receive a credit note for the value of the goods including all shipping costs without deductions. 4. If there is no supplier error, please send us the goods with the return slip or slips. In this case, after the return has been processed, you will receive a credit note for the value of the goods less 25% handling costs, but at least
less 5.00 EUR per original delivery. Shipping costs will not be
credited in this case. If, in agreed exceptional cases, we also take back unpacked shirts and blouses, deviating from the
regulation in paragraph 1, the
handling costs for these items are 50%.

§ 12 Limitation period
1. The mutual claims of the contracting parties expire according to the statutory provisions, unless otherwise specified below.
2. Deviating from § 438 Para. 1 No. 3 BGB, the general limitation period for
claims arising from material and legal defects is one year from delivery. If acceptance
has been agreed, the limitation period begins with acceptance.
3. Special statutory provisions for third-party claims for the return of property
(§ 438 Para. 1 No. 1 BGB), for claims in supplier recourse (§ 479 BGB) and for the
claims for damages specified in § 10 Para. 2 and 3 remain unaffected. In these cases, the statutory limitation provisions apply exclusively.

§ 13 Copyright
1. As the client, you are solely liable if the execution of your order violates the rights, in particular the copyrights of third parties. You must indemnify the contractor against all claims by third parties due to such violations of rights.

§ 14 Choice of law and place of jurisdiction
1. These General Terms and Conditions and all legal relationships between us and you are governed by the law of the Federal Republic of Germany, excluding all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. The requirements and effects of the retention of title pursuant to § 7 are, however, subject to the law of 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 German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business. However, we are also entitled to bring an action at the buyer’s general place of jurisdiction.

§ 15 Severability Clause
1. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, or should they contain a regulatory gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The respective statutory provisions shall take the place of the invalid or missing provisions.
If you have any questions, please contact info@minchia-move.com
(February 20, 2024)