Terms & Conditions

Scope of Application

All transactions concluded with us, our deliveries, services and offers are made exclusively on the basis of the following terms and conditions. These therefore also apply to all future business relationships, even if they are not explicitly agreed again. The conditions are deemed accepted at the latest upon acceptance of delivery. Conflicting terms and conditions only bind us if they are acknowledged in writing. Deviations from these terms and conditions are only effective if confirmed in writing by us. The possible invalidity of one of the agreed conditions does not affect the validity of the others.

Offer and Contract

Our offers are subject to change and non-binding and are valid for a maximum of 3 months, unless otherwise agreed in writing. Written confirmation of incoming orders is only made if details of the order require written confirmation. Drawings, pictures, dimensions or other performance data are only binding if this is expressly agreed in writing.

Prices, Delivery, Scope of Services, Packaging

The prices stated in the order or in the order confirmation plus the statutory value added tax are decisive. Shipping costs are always at the buyer's expense, unless otherwise agreed in writing. For special orders, over- or under-deliveries of up to 10% are permissible, the total price changes accordingly. Costs for standard packaging are borne by us. Desired special packaging will be invoiced by us at cost.

Delivery Time

Delivery dates and delivery periods are only binding if they have been expressly confirmed by us. Their start is determined by the order receipt, they end on the day the goods leave our warehouse. The delivery times are extended appropriately as long as the customer examines proofs, correction proofs, sampling or clichés, etc. Changes deviating from the order set a new delivery time in force upon confirmation of the change.

If the production or delivery of the ordered goods is made substantially more difficult or impossible for us due to circumstances for which we are not responsible, regardless of whether the circumstances occur in our plant or with our suppliers (e.g. force majeure, operational or production disruptions, fire, labor conflicts, etc.), we are released from the delivery obligation for the duration of the impediment and its consequences. If we are responsible for non-compliance with bindingly promised deadlines and dates or if we are in default and the customer actually suffers damage, the customer is entitled to a delay compensation of 0.5% for each completed week of delay, but in total a maximum of 4% of the invoice value of the deliveries and services affected by the delay. Claims beyond this, in particular claims for damages of any kind, are excluded.

Transfer of Risk

The risk passes to the buyer as soon as the shipment has been handed over to the person or company carrying out the transport, or has left our warehouse for the purpose of shipping. If shipping becomes impossible without our fault, the risk passes to the customer upon notification of readiness for shipment.

Copyright and Other Rights

The copyright and reproduction right to designs, originals, models, etc. remains solely with us. All forms, embroidery disks, tools, materials and films required for production remain our property even if calculated separately on a pro-rata basis. The costs for sketches, designs, test prints and samples are charged even if the order is not executed.

The customer is obliged to check ordered motifs, fonts, drawings or logos themselves with regard to copyright or other rights. The buyer of motif and emblem articles bears the risk and must check before use or sale to what extent he is entitled to use these articles. He indemnifies us from any claims for damages.

Claims for Damages

If the contract is not executed for reasons attributable to the customer, we are entitled to compensation in the amount of 30% of the net order value. The customer remains free to prove in individual cases that a lesser disadvantage has arisen. In addition, the customer is liable for compensation for expenses already incurred.

Warranty and Return of Goods

The customer is obliged to check the delivered goods immediately upon receipt. The delivery is deemed approved if a notice of defects is not received by us in writing within 7 days, for hidden defects not within 3 months after arrival at the destination. Created credits can only be offset against new goods deliveries. In the case of proven notice of defects, we are entitled at our option to rectification or replacement delivery. We are only liable for defects in the delivered goods excluding consequential damages. Minor deviations in color, format, quality do not justify a notice of defects unless certain properties are guaranteed. For materials supplied by the customer, we do not assume any warranty; the delivered parts are carefully handled by us and subjected to a suitability test. Nevertheless, temperature differences or chemical influences can subsequently bring about different results. This is at the expense of the customer. Seasonal goods are excluded from exchange.

Liability

Unless otherwise agreed in these terms and conditions, the customer has no claims against us and our agents and assistants, regardless of the legal basis, due to breach of contractual, pre-contractual or statutory obligations, insofar as the breach of these obligations is not based on intent or gross negligence.

Retention of Title

The delivered goods remain our property until the purchase price has been paid in full and until all claims against the customer arising from the business relationship have been fulfilled.

Payment Terms

Unless otherwise agreed in the purchase contract: the invoice amount is due immediately. We are entitled to charge interest of 4% above the respective discount rate of the Austrian National Bank in case of default from the 31st day. The assertion of further default damage remains unaffected. Wage orders are payable immediately net, even without discount deduction.

Place of Performance and Jurisdiction

The place of performance for deliveries and payments is the respective Galvi location. The place of jurisdiction for all disputes arising from the contractual relationship is the competent district or regional court of Villach.