General Terms & Conditions
General Terms and Conditions of Business and Delivery
Β§ 1 Scope of these terms and conditions
The following terms and conditions of business and delivery apply to all legal transactions between JAHSANG (hereinafter referred to as the seller) and the customer (hereinafter referred to as the buyer). Deviating provisions, in particular from the purchaser's purchasing terms, will only become part of the contract if this is expressly agreed in writing. Β§ 2 Formation of the Contract, Minimum Order Value, Buyer's Independent Duty to Examine, Delay in Delivery, Default in Delivery, Non-performance
Offers of the seller are non-binding. Orders and all supply contracts shall only become binding for the Seller upon written confirmation by the Seller. The commercial agents working for the seller merely act as intermediaries for sales transactions, but have no authority to conclude contracts. Both DlN/EN/ISO standards and RAL quality standards have no binding character. They are therefore not subject to contractual obligation for the seller.
There is a minimum order quantity of one metre for all fabrics.
The buyer is obliged to independently check the usability of the goods for his purposes - also with the existing care label, as well as the degree of stress. The buyer alone is therefore liable for the specific usability for his purposes.
With the delivery contract, the seller does not assume any guarantee or risk for the procurement of materials or ingredients required for the creation of the goods. In this respect, he shall only be liable for intent and gross negligence, insofar as this restriction is legally permissible and liability is not excluded in accordance with the following clauses.
Β§3 Hand-painted pictures on ordered fabrics
The buyer has the option of having a photo sent in by him painted on the fabric ordered by him and thereby acquiring a unique piece.
The purchaser undertakes not to infringe the property rights of third parties through his order. The seller is not obliged to check whether the services to be rendered by the artist infringe or could infringe the property rights of third parties.
The buyer is obliged to immediately indemnify the seller against any claims for damages by third parties and to pay for all damages arising from the infringement of property rights.
The buyer can also have the NFT of the painting created. For this purpose, a Smart Contract is automatically concluded between the buyer and the artist through the purchase, which includes a code. With each sale of the NFT by the buyer, the artist of the painting in Thailand receives 10% of the NFT sales price.
Β§4 Sample collections and consignments on approval
Samples are the property of the seller and may be reclaimed by the seller at any time. The buyer is obliged to keep them properly. Samples that are damaged or cut when returned shall be charged for subsequently.
Sample consignments are the property of the seller and at his disposal; they must be returned within a maximum of 2 weeks from receipt. The costs of the outward and return shipment shall be borne by the buyer. If no return is made within the two-week period, the consignment shall be deemed to have been purchased by the buyer on the present terms. The seller undertakes to draw the buyer's attention to this significance of his conduct together with the delivery at the beginning of the period.
Β§ 5 Purchase price and payment
The prices quoted are net prices plus the legally applicable value added tax, shipping and packaging. We reserve the right to make price changes for deliveries and services due to delays of more than 4 months after conclusion of the contract for which the seller is not responsible. Invoices shall be made out in the currency stated on the invoices. For items whose prices we do not generally announce (price list), in particular special items and products to be created separately, we shall prepare individual quotations.
50% of the purchase price shall be due immediately upon order confirmation and the remaining 50% shall be due upon (announcement of) delivery.
The amount of interest on arrears shall be determined in accordance with Β§ 288 BGB.
If, after conclusion of the contract, it becomes apparent that our claim to the purchase price is jeopardised by the buyer's inability to pay (e.g. by return debit notes or by an application for the opening of insolvency proceedings), we shall be entitled to refuse performance and - if necessary after setting a deadline - to withdraw from the contract in accordance with the statutory provisions. provisions, we shall be entitled to refuse performance and - if necessary after setting a deadline - to withdraw from the contract (Β§ 321 BGB).
In the case of contracts for the manufacture of unjustifiable items (custom-made products), we may declare withdrawal immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected.
Β§6 Invoice transmission by e-mail
in addition to the general terms and conditions, invoicing by e-mail is agreed. Due to the discontinuation of the obligation to use electronic signatures (Article 233 of EU Directive 2006/112/EC), our invoices will be sent automatically by e-mail with immediate effect. If you do not wish to use this service and wish to continue sending invoices by post, please notify us. Invoice dates sent in this way are binding.
invoices are documents that must be kept. For this reason, the email recipient shall ensure the use of document-proof paper.
Β§ 7 Freight and packaging
The goods shall be delivered by the cheapest route from the seller's warehouses. These freight costs shall be borne by the buyer. The seller shall also charge the packaging costs.
Β§ 8 Transfer of risk
The risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the buyer as soon as the goods are handed over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Β§ 9 Haftung und GewΓ€hrleistung, auch hinsichtlich der Verwendbarkeit
The seller reserves the right to deviations in quality and colour, insofar as these are within the scope of what is customary in the trade and technically possible, likewise deviations in fabric width Β±5% and material-related deviations in length, as well as the right to rectify defects. No assurance to the contrary can be given. The seller does not guarantee that the goods are suitable for the buyer's particular purposes. In particular, the warranty is excluded with regard to such processing by the buyer for which the goods are not suitable in terms of their nature, type and quality. This shall also apply if the buyer informs the seller of the intended use, since only the buyer has the expertise regarding the stress in the end use. Any liability of the seller for normal wear and tear of the goods is excluded.
defects which are recognisable on delivery can only be taken into account if a complaint is made within one week of delivery and if the uncut goods are received by the seller for inspection within a maximum of two weeks of delivery. Missing dimensions can also only be accepted if this period is observed. Before cutting, the fabric is to be checked for small, technically unavoidable faults, for which a dimensional allowance is given if the deadline is observed. If the buyer otherwise claims defects, he must declare this to the seller within the limitation periods specified in Β§ 9 at the latest. The buyer undertakes to provide the seller with a copy of the original invoice and original goods. If the buyer fails to comply with these obligations, the seller shall be entitled to reject the complaint without comment.
If a complaint is justified, the Seller shall, at its discretion, either replace the defective goods by delivering defect-free goods or remedy the defect. If the rectification of the defect fails, the buyer may withdraw from the contract or reduce the purchase price. The remedy of the defect shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In addition, the Buyer may claim damages in lieu of performance or reimbursement of futile expenses if the Seller or its vicarious agent is guilty of intent or gross negligence. This restriction shall not apply if liability is mandatory by law due to a breach of an obligation which is decisive for the achievement of the overall purpose of the contract or if liability is involved due to injury to life, limb or health.
The Seller's liability shall be limited to the amount of the foreseeable damage typical for the contract, unless the damage was caused intentionally or by gross negligence or the Seller is liable for injury to life, limb or health.
Liability under the Product Liability Act remains unaffected.
The seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, unless the expenses increase because the purchased item has been taken to a place other than the buyer's domicile or commercial establishment after delivery, unless the transfer is in accordance with the intended use of the item. The Seller shall not be liable for any further incidental costs arising from the notification of defects; in particular, the Seller shall not be liable for indirect or consequential damages or losses, such as loss of income, loss of use, cost of capital or loss of profit.
only the direct purchaser is entitled to warranty claims against the seller and these are not assignable.
the goods are insured in transit by the carrier of the goods. Additional requirements (risks, damage events) are to be notified directly by the customer if required (in writing) and in special cases to be insured directly (by the customer).
Β§ 10 Limitation
The buyer's claims for supplementary performance, damages, reimbursement of expenses or reduction due to a defect shall become statute-barred within one year from delivery of the item, insofar as the buyer is an entrepreneur. Withdrawal is ineffective after the expiry of the limitation period. For consumers, the statutory limitation periods shall apply.
other claims of the buyer shall also become statute-barred within one year. The beginning of the limitation period in this respect shall be governed by the statutory provisions.
Β§ 11 Returns
The Seller shall not be obliged to take back incorrectly ordered fabrics/products. If the seller exceptionally takes back wrongly ordered fabrics/products, he is entitled to charge a 25% handling fee. The seller does not ask for a return without prior request. The seller reserves the right to reduced credit notes for returns that are not properly rolled or packaged.
Β§ 12 Subsequent delivery periods
after expiry of the delivery period, a subsequent delivery period of the duration of the delivery period, but no longer than 3 weeks, shall be set in motion without explanation. After expiry of the additional delivery period, the buyer may withdraw from the contract if he does not demand performance of the contract within a further 14 days. However, the seller shall be released from the delivery obligation after expiry of the additional delivery period if, during the additional delivery period or after its expiry, he requests the buyer to declare whether he demands fulfilment of the contract and the buyer does not respond immediately. Transactions for delivery by a fixed date shall not be effected.
In addition, the buyer may only claim damages instead of performance if he has set the seller a subsequent delivery period of 4 weeks and if the seller or his vicarious agents are guilty of intent or gross negligence. This restriction shall only apply to the extent that it is legally permissible. The subsequent delivery period shall be calculated from the day on which the buyer's notification by registered letter or telex is dispatched.
For goods in stock which are ready for dispatch, the subsequent delivery period shall be 14 days at the longest. Otherwise, the provisions of paragraphs 1 and 2 shall apply.
claims of the buyer due to late delivery are excluded before expiry of the additional delivery period.
Β§ 13 Force majeure
Seller and Buyer shall be released from the performance of their contractual obligations to the extent and for as long as such performance is prevented by force majeure. The party claiming force majeure shall inform the other party of the beginning and end of the change due to force majeure. Force majeure for the purposes of this provision includes, but is not limited to, labour disputes, fire, flood, acts of war, embargo, riots and other circumstances beyond the reasonable control of a party which prevent it from performing its obligations under the contract. Β§ 14 Language version, choice of law, place of performance and jurisdiction
In case of doubt, the German version of these General Terms and Conditions shall prevail. The contractual relationship between Buyer and Seller shall be governed by German law; the application of the Vienna UN Convention on Contracts for the International Sale of Goods is excluded. Place of performance and jurisdiction for all disputes arising in connection disputes arising in connection with the contractual relationship between the seller and the buyer. Β§ 15 General Terms and Conditions in connection with the Packaging Ordinance Invoice deductions for the disposal of packaging material, in particular transport packaging, are not permitted.
Β§ 16 Severability clause
If individual provisions of these terms and conditions of business or delivery or of the contract between the parties are or become invalid in whole or in part, or if they cannot be implemented, the validity of these terms and conditions of business and delivery and the contractual relationship between the parties shall not otherwise be affected. In this case, the parties agree to replace the invalid or unenforceable provision with a valid provision that achieves the economic purpose pursued by it as far as possible.
Β§17 Please note
If you wish to sell our products online, please do not copy the content from our website. You can use it as a reference and rewrite it, but please refrain from taking the same content for your product descriptions.
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