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General terms and conditions of STURMBERG

The general terms and conditions of Sturmberg GmbH.

logo sturmberg gmbh black on white, sturmberg.ch

Our terms and conditions correspond to the industry standard.

1. GENERAL

The following terms and conditions form an integral part of every contract with STURMBERG GmbH. The contracting party expressly agrees with the individual provisions when placing an order. Deviations from the general terms and conditions are only valid in written form. STURMBERG GmbH disclaims any responsibility for any errors or inaccuracies in connection with the aforementioned illustrations, schemes, explanations, etc. in the mentioned catalogues or leaflets.

2. MORE, MINOR DELIVERIES

For production reasons, there may be an excess or short delivery of up to 10%. This is industry standard and must be accepted. We charge you the amount actually delivered.

3. PRICES

The prices of raw materials (for custom-made products) are subject to fluctuations that we can neither predict nor influence. Therefore, we reserve the right to change our terms and conditions at short notice. All supplier-related increases occurring after the time of our offer or after the conclusion of the transaction shall be borne by the customer. Our prices are net in Swiss Francs unless otherwise agreed in writing. All prices are subject to VAT (Switzerland: 8%). Prices in lists and brochures are non-binding recommended prices.

4. PAYMENTS

Invoices are payable net within 10 days after delivery, unless otherwise expressly agreed in writing. We reserve the right to supply customers only against bank guarantee or prepayment. The client is liable for the payment of the ordered goods, even if this is delivered on his behalf to third parties. If the agreed payment terms are not adhered to, the buyer owes, without special reminder from the supplier, from the time of the due date, default interest in the amount of the current overdraft interest of the Swiss big banks. The absence of insignificant parts from the order or warranty claims against the supplier does not entitle deferment of payments due. The goods remain our property until full payment. For all special orders, we charge at least 50% down payment after placing the order.

5. DELIVERY TIMES

The delivery period begins with the date of the written order entry, but not before clarification of all details, the knowledge of which is required for the execution of the order. If a delivery period is exceeded by more than 18 days for reasons for which we are responsible and if a written reasonable grace period set by the buyer after the default has expired unsuccessfully, the buyer is entitled to withdraw from the contract. In the event of delay in delivery as a result of force majeure or other obstacles which, despite reasonable care, are unavoidable, including delays in transport, strikes, we are not in default of delivery for the duration of such events. Compensation for delay or subsequent objective impossibility of delivery are excluded except in cases of intent and gross negligence. If you make changes on the basis of the proofs, samples, etc., we are entitled to extend the delivery times appropriately. The delivery times in days specified in the contract are considered as working days (1 week = 5 days)

6. RESERVATION OF OWNERSHIP

All delivered goods remain our property until full payment of all our claims against the buyer. The buyer may sell or process the goods within the framework of a proper business. Other dispositions such as pledges or assignments of our goods are excluded. The demands of the buyer from the resale of our goods are already assigned to us. In the event of default in payment, the buyer hereby authorises us to assert claims of the buyer assigned to us against his customers directly in his own name. At the request of the purchaser, we undertake to release the claims assigned as collateral insofar as their total amount exceeds our claims by more than 20%.

7. EXCHANGE, RETURNS, COMPLAINTS AND LIABILITY

Open defects must be reported immediately, hidden within 8 days after receipt of the goods in writing. In the case of justified notice of defects, we are entitled to repair, replacement, conversion of the contract or reduction of the price. Incomplete, damaged or soiled items will generally not be returned or replaced.
We are only liable for the damage for which we are responsible if we or our vicarious agents are guilty of intent or gross negligence. This applies to all claims for damages, regardless of whether they are based on statutory provisions, tort, contractual agreements or other legal grounds. However, this limitation of liability does not cover the direct damages caused by the absence of warranted properties and any such defect damages against which the buyer should be protected by the warranted property. For other consequential damages we are only liable in the limited way described above. In the case of returned goods, the shipping costs are to be borne by the customer.
For all textiles, slight variations in colour, size and grammage are always to be expected. Within the tolerances clearly defined by the manufacturer, such fluctuations are no reason for complaint. It should be noted that the definition of the size of our articles may be different. A "too big S" or "too small L" compared to another article or manufacturer is not a reason for complaint. Please also note the dimension tables, which you can request from us. If in doubt, we recommend to order a size sample in advance. Discolouration, alterations of the material, shrinkage or other damage caused by improper treatment or washing errors are also no grounds for complaint. In case of doubt, an objective test with the goods from the same batch decides.
Returns of unused, undamaged and / or non-finished goods must be notified in writing within 30 days with a precise description of the goods (article, quantity, size code and colour information), the delivery note number and the reason for the return. In general, there is no right to return of correctly delivered goods. If we accept the return in writing, the goods can be returned to us at the expense of the buyer. Goods that have not been advised will be returned without comment, postage paid by the recipient. Discontinued items, items that are not in stock, and items without original packaging can not be returned.

8. PRODUCT DELIVERED

We assume no liability for the delivered goods. We process the goods to the best technical knowledge. In addition, we need at least one product for testing the refining.

9. SAMPLE SHIPMENTS

Unless specifically agreed, sample shipments must be returned to STURMBERG GmbH within 21 days, otherwise the goods will be deemed purchased and will be charged. Shirt and blouse patterns, which are ordered and shipped by order of the customer, can not be taken back and will be charged.

10. RELEASE PATTERN

Unless specifically agreed, release samples must be released upon receipt within 5 working days. In the case of rush orders, the release must take place immediately after receipt of the sample. Otherwise, the delivery date can not be met.

11. COPYRIGHT

The client is solely liable if the execution of his order violates rights, in particular copyrights of third parties.

12. DESIGNS, ARTWORK, FILMS, QUALITY

The operating items used by STURMBERG GmbH for the production of contract products, in particular films, graphics, screens and embroidery cards, remain the property of the contractor, even if they are not separately calculated, and will not be delivered. Drafts and artwork are our intellectual property and may not be copied or reproduced without our permission. The cost of the sketch, drafts, proofs and samples will be charged even if the order is not executed. Colour deviations or size differences can not be excluded depending on the base material or printing process. Due to the nature of the aids, inks and printing systems, colour deviations are unavoidable and can not form the subject of a complaint. A good for printing on paper may result in colour variations depending on the screen or printer.

13. PACKAGING AND SHIPPING

Packaging and shipping costs are not charged separately, as long as they meet our standard. All shipments travel at the risk of the customer. If no specific instructions have been given for the order when placing the order, then it will be carried out at our discretion without any responsibility on our part. Consignments whose appearance is close to damage (damage in transit) of the contents, are only subject to claims for damages against the transport company to accept and reported damages at this.

14. BRAND USE

Unless specifically agreed, we are entitled to publish for promotional purposes and / or press releases the trademark and company name of the purchaser and the ordered product and order details and use it in our catalogues and websites.

15. JURISDICTION

This contract is subject to Swiss law. Any disputes arising from this contractual relationship will be decided exclusively by the ordinary courts at the supplier's location.