General Terms and Conditions
1. Scope
These terms and conditions apply to all business relationships between the Jacquard knitting Renz OHG, hereinafter referred to as "" fender design "" and the customer in the respective, at the time of conclusion of the contract valid version.
2. Responsibility for online processing: from offer to payment
For the products and motifs offered under the URL www.fender-design-shop.com and the design of the shop as a whole, "fender-design" is responsible.
3. Contract conclusion
The presentation of the assortment in our online shop does not constitute an offer within the meaning of §§ 145ff BGB. It is non-binding. About the online shop, the customer is asked to submit an offer to conclude a purchase contract. By submitting the order by the customer, the contract is not yet concluded. The customer receives an order confirmation by e-mail (order confirmation). This order confirmation does not represent an acceptance of the offer, but merely informs the customer that the order has been received by "fender-design".
The contract with "fender-design" comes about when "fender-design" accepts the offer of the customer, by "fender-design" the ordered product is sent to the customer and confirms the dispatch to the customer with a second e-mail ( shipping confirmation). The contract is saved by "fender-design" for the execution of the purchase contract. It will only be made available to the customer outside the sent dispatch notification if the latter can prove a particular interest in a renewed transmission to "fender-design".
The sale of the goods offered is only for persons of working age. The "fender-design" AG reserves the right to refuse incoming order requests for economic reasons - even without justification.
4. Right of withdrawal and returns
(1) Is it a consumer ordering standard products is possible within 14 days of receipt of goods - without giving reasons - to revoke the contract concluded with "fender-design". The revocation must be made in writing (by mail, fax or letter) with return of the goods to the "fender-design".
The period begins at the earliest with the receipt of the goods and this instruction. To maintain the cancellation period, the timely sending of the cancellation by letter, fax or e-mail or the thing is sufficient. The declaration of withdrawal or the return of the goods must be sent to:
fender-design
Jacquard knitting Renz OHG
Goethestr. 84
72461 Albstadt
or by e-mail to: info@fender-design.com
(2) This right of revocation does NOT apply to contracts for the delivery of goods which "fender-design" has made on the basis of specifications of the customer or which were clearly tailored to the personal needs of the customer. This applies in particular to products that are produced with the motifs (text or motifs) at the request of the customer. The customer is aware that he has to give "fender-design" when ordering such products the specific instruction for the production of the goods.
(3) With the effective exercise of the revocation (see paragraph 1) the customer is obliged to return the goods if the goods can be sent by parcel. The customer has to bear the cost of returning.
Prepaid returns will not be accepted.
(4) Withdrawals
In the case of an effective cancellation, the mutually received benefits and any benefits (eg interest) surrendered. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the surrender of goods if the deterioration of the item is solely attributable to its examination - as would have been possible in a shop, for example. Incidentally, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from doing anything that impairs its value. Transportable items are to be returned at our risk. You have to bear the cost of returning. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.(5) The right of revocation of the contract exists irrespective of the customer's warranty claims, provided that the goods have defects (for this see 5. Warranty).
The declaration of withdrawal or the return of the goods must be sent to:
fender-design
Jacquard knitting Renz OHG
Goethestr. 84
D-72461 Albstadt
or by fax to: +49 - (0) 7432-9780-19
or by e-mail to: info@fender-design.com
End of revocation
5. Cost agreement
If you make use of your right of withdrawal, you have to bear the regular costs of the return.
6. Warranty and liability
If delivered items have obvious material or manufacturing defects, including transport damage, so please complain such errors immediately, but no later than 14 days after delivery, in writing to our customer service. For all other defects occurring during the statutory warranty period, the statutory claims to subsequent performance, elimination of defects and - if the special legal requirements - the further claims for reduction or withdrawal as well as damages, including the compensation of damage instead of Fulfillment and replacement of your futile expenses. The limitation period for statutory warranty claims is two years after the goods have been preserved. If the customer is an entrepreneur, the limitation period is one year.
The data communication via the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. Therefore "fender-design" is not liable for the constant and uninterrupted availability of the online offer.
The warranty rights of the customer presuppose that, if the customer is a merchant, he fulfills his obligations under Section 377 HGB to inspect and give notice of defects.
The right to offsetting or reduction exists only if the counterclaims have been legally established, undisputed or acknowledged by us in writing.
7. Prices and shipping fees
The prices are valid at the time of the order. The period of validity of our limited offers you will find out where they are displayed in the shop. All prices include VAT (currently 19%), with the exception of the offer for Switzerland. For our Swiss customers, the prices on the website correspond to the net prices, i. Swiss taxes and customs duties may be charged additionally.
Orders must be paid in full, including all components specified in the order confirmation (VAT, shipping costs, etc.). Purchase price and shipping costs are due immediately (in advance) without deduction.
For deliveries to EU countries VAT is included in the total price. In the event of discrepancies between the country of delivery and the country of the invoice, the tax rate of the country of delivery is always decisive.
Commercial customers can submit the invoice to the tax office. This is recognized by the tax office by the note of our European VAT number on the document.
"Fender-design" generally does not refund VAT!
8. Delivery / Shipping
"Fender-design" will deliver the ordered goods to the address specified by the customer in the order as fast as possible. Delivery is generally within three weeks of receipt of payment. Delivery dates and delivery times are only binding if they have been expressly confirmed as such by fender-design.
Within the EU, we deliver duty free. For delivery to countries outside the EU, in particular to Switzerland, the customer bears any applicable duties, taxes and other fees themselves.
You can see the current shipping costs under "Shipping & Returns".
9. Retention of title
Until full payment, the goods remain the property of "fender-design".
In the event that the customer acts as a merchant within the meaning of the German Commercial Code, "fender-design" retains ownership of all delivery items until all payments from the business relationship have been received. Furthermore, the customer is obliged to treat the goods with care until the transfer of ownership to him.
10. Invoicing, payment, due date, arrears
Invoicing is carried out without exception, including the value added tax applicable in the country of delivery. This also applies to international deliveries.
The payment of the goods takes place:
1. by bank transfer, by Sofortüberweisung, with your credit card or via PayPal from within Germany
2. by credit card and PayPal from abroad
"Fender-design" reserves the right to accept only certain payment methods in individual cases. Payment by sending cash or checks is not possible. We exclude liability for any losses.
In the event that the method of payment chosen by the customer is not feasible in spite of the contractual implementation of "fender-design", especially because a debit from the customer's account is not possible for certain reasons (eg insufficient coverage of the customer account or incorrect indication of customer data), the customer "fender-design", or the third party commissioned by him with the processing, to properly replace the resulting additional costs.
If you are in default with your payments, we reserve the right to charge the customer the dunning fees.
"Fender-design" has the right to use the services of trusted third parties to process the payment:
1) In the event of default by the customer, "fender-design" may assign its claims to a collection agency and transfer the personal data required for the payment to this third party.
2) When third parties are involved in the processing of payments, the payment to "fender-design" shall not be deemed to have been made until the amount has been made available to the third party in accordance with the contract so that the third party can dispose of it without restriction.
Bank details:
fender-design, Jacquardstrickerei Renz OHG
Volksbank Tailfingen
Account: 65687000
Bank code: 65392030
Please inform yourself about our security standards and terms of payment.
11. Copyrights for printed designs, indemnity
In the event that the customer transmits his own motif to "fender-design" or otherwise influences the product (text personalization), the customer assures "fender-design" that the text and the motif are free from third-party rights. Any infringement of copyrights, personal rights or name rights shall be fully borne by the customer in this case. Furthermore, the customer assures that he does not violate any other rights of third parties due to the individualization of the product.
The customer undertakes to exempt "fender-design" from all claims and claims that are asserted due to the infringement of such rights of third parties, as far as the customer is responsible for the breach of duty. The customer shall reimburse fender-design for all defense costs and other damages incurred in this connection.
12. Technical and design differences
In the performance of the contract, we expressly reserve the right to deviate from the descriptions and information contained in our brochures, catalogs and other written and electronic documents with regard to the composition, color, weight, dimensions, design or similar features, insofar as these are reasonable for the purchaser. Reasonable reasons for change may arise from commercial fluctuations and technical production processes.
13. Privacy
Please read our detailed privacy policy.
For detailed questions via e-mail please use: info @ fender-design-com
14. Operator of the webshop
fender-design, Jacquardstrickerei Renz OHG
Goethestr. 84
D-72461 Albstadt
represented by:
Ilona Renz
Fritz Renz
Seat of the company Albstadt
Jurisdiction: District Court Albstadt
Register court Amtsgericht stuttgart
RegistHRA 2722273
VAT number. DE 258164933
14. Customer service
You can reach our customer service:
by phone: 0049 (0) -7432-220166
by fax: 0049 (0) - 7432-978019
by e-mail: info@fender-design.com
15 Place of Jurisdiction - Place of Performance - Choice of Law
(1) Place of performance for all deliveries is the registered office of fender-design: Albstadt
(2) If the customer is a merchant within the meaning of the HGB, a legal entity under public law or a special fund under public law, Albstadt is the place of jurisdiction. fender-design is in this case also entitled to sue the customer at the discretion of Spreadshirt at his place of residence. The same applies in the event that the customer does not have a general place of jurisdiction in Germany, relocates his domicile or habitual residence from the country after conclusion of the contract, or his domicile or habitual residence is unknown when the action is brought.
(3) The contract in accordance with these General Terms and Conditions is subject exclusively to the law of the Federal Republic of Germany. The validity of the UN sales law is excluded. If the customer consumer i.S.v. § 13 BGB is and has its habitual residence abroad, compelling provisions of this state remain unaffected.
(4) Should individual provisions of these General Terms and Conditions be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract.
16. Final provision
The contract in accordance with these General Terms and Conditions is subject exclusively to the law of the Federal Republic of Germany. The validity of the UN sales law is excluded. If the customer consumer i.S.v. § 13 BGB is and has its habitual residence abroad, compelling provisions of this state remain unaffected.
Should individual provisions of these General Terms and Conditions be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract.