GENERAL TERMS AND CONDITIONS

General Terms and Conditions of Sale (GTCS)

§ 1 Scope of application and basis of contract
(1) The following terms and conditions of sale shall apply to the contract of sale for the delivery of goods concluded between you as a buyer and consumer within the meaning of § 13 BGB (German Civil Code) and us as the seller.

(2) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximate.

§ 2 Prices, delivery costs, payment
(1) The prices quoted include value added tax at the statutory rate.

(2) You shall bear the delivery costs unless the contract is revoked by you. These costs are shown in dependence of the desired place of delivery and the chosen mode of shipment when ordering before the conclusion of a legally binding purchase contract.
(3) In the event of a revocation of the contract, you shall bear the direct costs of returning the goods to us - more details are regulated by § 11 of these GCS.
(4) Payment in the online shop is made by direct debit, cash on delivery, PayPal or cash in advance. Return debit notes will be charged in the actual amount, but at least in the amount of 9.- Fr, whereby you reserve the right to prove a lesser damage. If a purchase "on account" is agreed separately, the invoice is due for payment within 14 days of receipt of the invoice.

§ 3 Offsetting; Right of Retention
You are only entitled to offset against our claims if your counterclaims have been legally established or if we have acknowledged them. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 4 Delay in delivery, partial deliveries
(1) Unless otherwise stated in individual cases, we deliver ordered goods within five working days from the date of the order at the latest. In the case of payment in advance, we deliver ordered goods within eight working days from the date of the bank transfer made by you.

(2) If there is a delay in delivery which is due to an intentional or grossly negligent breach of duty for which we are responsible, we shall be liable in accordance with the statutory provisions; any fault on the part of our representatives or vicarious agents shall be attributed to us.
(3) In the event of a delay in delivery which is due to a simple negligent breach of duty, our liability shall be limited to the foreseeable and typically occurring damage. However, if the breach of duty for which we are responsible relates to the breach of a material contractual obligation or an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you as the purchaser may regularly rely, we shall be liable in accordance with the statutory provisions.
(4) We are entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for you.

§ 5 Colour designations and size specifications
The colour designations and size specifications given in our publications (catalogue, Internet, etc.) are not subject to any standards. Conclusions on certain dimensions or colour ideas are not possible on the basis of this information. Even within one brand, different articles (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size indication. Particularly in the case of so-called slim-fit/body-fit shirts, the size ranges do not have to correspond with the unisex articles of the same brand. The same applies to ladies' and men's shirts from the same manufacturer. Women's shirts are regularly cut differently than the corresponding men's shirts, even with the same size indication.

The same colour designation can look completely different on different brands or even different articles of the same brand. Unfortunately, this problem cannot be solved by the colour bars printed in the catalogue. Every colour bar printed in the catalogue appears different under different light sources and it is almost impossible to reproduce 100% of a textile colour in paper print.
Deviations in size and colour therefore do not normally justify claims for defects. Of course, your right of return remains unaffected.
We expressly point out that every textile article made of cotton or a cotton/polyester mixture must be washed before being worn for the first time. Due to the (completely harmless and harmless) chemical residues in textiles, chemical reactions between body perspiration and the residues can occur if the garment is worn immediately without being washed, especially under the influence of UV light. The resulting colour impairments remain even after subsequent washing. Complaints or reclamations for this are generally excluded.

§ 6 Rights in the event of 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 presupposed under our contract or for the use in general or if it does not have the properties which you could expect according to our public statements, we shall be obliged to provide subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of statutory regulations. You must grant us a reasonable period of time for subsequent performance.

(2) Subsequent performance shall be effected at your discretion by remedying the defect (subsequent improvement) or by delivery of a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If we have attempted to remedy the defect twice in vain, this shall be deemed to have failed. If the rectification has failed, you are entitled to reduce the purchase price or to withdraw from the contract at your discretion.
(3) Your right to assert further claims for damages remains unaffected. If claims for defects are asserted in respect of goods which have not been refined by us, any refining costs incurred by a third party may only be asserted to a reasonable extent. The amounts listed in our price list for textile finishing shall be the basis for comparison.

§ 7 Other liability
(1) Insofar as nothing to the contrary arises from these GCS including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

(2) We shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In the case of simple negligence, we shall only be liable
a) for damages arising from injury to life, limb or health,
b) for damages arising from the breach of a material contractual obligation (obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from para. 2 shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same shall apply to claims of the Buyer under the Product Liability Act.
(4) You may only withdraw from or terminate the contract due to a breach of duty which does not consist of a defect if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.

§ 8 Retention of title
The delivered goods (goods subject to retention of title) remain our property until full payment of all claims arising from this contract.

§ 9 Copyright
As the client, you are solely liable if rights, in particular copyrights of third parties, are infringed by the execution of an order according to your specifications. The client shall indemnify the contractor against all claims of third parties due to such infringement of rights.

§ 10 Final provision, applicable law, severability clause
German law shall apply to our contract. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

Should individual provisions of these GCS be or become invalid in whole or in part, or should they contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

§ 11 Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (AA further business gmbh, Reklamationen / Retouren, Dorfstrasse 14 8424 Embrach, Tel.: + 41 (0) 52 549 01 66 , , Email: info@werbe-welt.ch) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

End of the cancellation policy

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

To: AA further business gmbh, Reclamations / Returns, Dorfstrasse 14 8424 embrach, Tel.: + 41 (0) 52 549 01 66 , , Email: info@werbe-welt.ch

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*) __________________________ /received on (*) ______________________________

Name of consumer(s) __________________________________

Address of consumer(s)__________________________________

Signature of consumer(s) (only if notice is given on paper)___________________________________________

Date _______________________

___________
(*) Delete where inapplicable.

General Terms and Conditions of Sale (GTCS) for Entrepreneurs

§ 1 General, scope of application

(1) These General Terms and Conditions of Sale (GTCS) shall apply to all business relations 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 GCS in their respective version shall 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 GCS apply exclusively. Individual agreements made with you in individual cases (including subsidiary agreements, supplements and amendments) shall only take precedence over these GCS if they have been confirmed by us in writing.

(3) Legally relevant declarations and notifications to be made by you to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing to be effective.

(4) References to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTCS.

§ 2 Conclusion of contract, prices and terms of payment

(1) Our offers are subject to change and non-binding. This shall also apply if we have provided you with catalogues, other product descriptions or documents - also in electronic form - to which we reserve property rights and copyrights. Unless otherwise agreed in individual cases, our prices current at the time of conclusion of the contract shall apply, ex warehouse, plus statutory value added tax.

(2) The order of the goods by you shall be deemed to be a binding offer of contract.

(3) Acceptance is effected by written order confirmation or by delivery of the goods to you.

(4) The invoice date is that of the delivery of the goods. The purchase price is due from the date of invoice; 2 % discount for payment within the first 14 days, 30 days net if the payment term is used. Instead of the usual terms of payment, we may also deliver by cash on delivery, advance payment or other terms of payment to be agreed with you.

(5) Upon expiry of the aforementioned payment period, you shall be in default. The purchase price shall be subject to interest of 10% p.a. during the period of default. For the second reminder, reminder fees in the amount of 2.50 EUR, for the third reminder fees in the amount of 20.00 CHF, for the fourth reminder fees in the amount of 30.00 CHF are due. After the 4th reminder, the claims will be handed over to a collection agency. Any further costs arising from this shall be borne by you.

(6) If, after conclusion of the contract, it becomes apparent that our claim to the purchase price is endangered by the Buyer's lack of ability to pay (e.g. by an application for the opening of insolvency proceedings), we shall be 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 unjustifiable items (custom-made products), we may declare withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected.

§ 3 Shipping costs

Deliveries are made with a carrier of our choice. You shall bear the transport costs.
For orders placed via the online shop, deliveries exceeding a net value of CHF 500 shall be made free of charge. For deliveries below this value, shipping costs of at least 12.50 Fr per carton will be charged.

The shipping costs include all costs for packaging, delivery papers and the usual transport and delivery costs for normal shipping. If a delivery is to or must be made by express, courier or comparable services in order to meet a delivery date agreed in writing, the additional costs incurred for this shall be borne by you.

§ 4 Offsetting; right of retention

You are only entitled to offset against our claims if your counterclaims have been legally established, if we have acknowledged them or if your counterclaims are undisputed. This shall also apply if you assert notices of defects or counterclaims. As a buyer, however, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 5 Delivery period and delay in delivery

(1) The delivery dates or periods are exclusively non-binding information unless they have been expressly agreed between you and us as binding.

(2) The occurrence of a delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder by you is required.

(3) If we culpably fail to meet a deadline that has been expressly agreed as binding or if we are in default for any other reason, you must grant us a reasonable period of grace to effect our performance. If we allow this period of grace to expire fruitlessly, you shall be entitled to withdraw from the purchase contract.
If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we will inform you of this without delay and at the same time inform you of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately refund any consideration already paid.

(4) If the delay in delivery is due to the culpable breach of an essential contractual obligation or to the culpable breach of an obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you as purchaser may regularly rely and if we are responsible for this breach of obligation, 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 of acceptance

(1) Delivery shall be ex warehouse, which is also the place of performance. At the Buyer's request, the goods shall be shipped to another destination (sale by delivery to a place other than the place of performance). We are entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for you.

(2) The risk of accidental loss and accidental deterioration of the goods shall pass upon handover, in the case of sale to destination upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If acceptance has been agreed, this shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the law on contracts for work and services shall also apply mutatis mutandis to an agreed acceptance. Handover or acceptance shall be deemed equivalent if the Buyer is in default of acceptance.

(3) If you are in default of acceptance, if you fail to cooperate or if our delivery is delayed for other reasons for which you are responsible, we shall be entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs).

§ 7 Retention of title

We retain title to the goods sold until all our present and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.

§ 8 Colour designations and size specifications

The colour designations and size specifications given in our publications (catalogue, Internet, etc.) are not subject to any standards. Conclusions on certain dimensions or colour ideas are not possible on the basis of these details. Even within one brand, different articles (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size indication. Particularly in the case of so-called slim-fit/body-fit shirts, the size ranges do not have to correspond with the unisex articles of the same brand. The same applies to ladies' and men's shirts from the same manufacturer. It is natural that women's shirts are cut differently than the corresponding men's shirts even though the sizing is completely identical.

The same colour designation can be completely different for different brands or even different articles of the same brand. Unfortunately, this problem cannot be solved by the colour bars printed in the catalogue. Every colour bar printed in the catalogue appears different under different light sources and it is almost impossible to reproduce 100% of a textile colour on paper.

Deviations in size and colour therefore do not normally justify claims for defects. The return of goods according to § 11 remains of course unaffected.

We would also like to point out that every textile article made of cotton or a cotton/polyester blend must be washed before being worn for the first time. Due to the (completely harmless and harmless) chemical residues in textiles, chemical reactions between body perspiration and the residues can occur if the garment is worn immediately without being washed, especially under the influence of UV light. The resulting colour impairments remain even after subsequent washing. Complaints or reclamations for this are generally excluded.

§ 9 Claims for defects by the purchaser

(1) Insofar as the delivered object does not have the quality agreed between you and us or it is not suitable for the use presupposed according to our contract or for the use in general, we are obliged to subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of the statutory provisions. You must grant us a reasonable period of time for subsequent performance.

(2) Your claims for defects presuppose that you have fulfilled your statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB). Complaints must be made to us in writing without delay, at the latest within 3-4 working days - in the case of hidden defects immediately after they become known.
The goods must be inspected by you or the finishing company for any defects prior to finishing (embroidering, printing or similar).
Should claims for defects later be asserted in respect of goods not finished by us, any further finishing costs incurred by a third party may only be asserted up to the amount provided for in our price list for textile finishing.

(3) Goods which are the subject of a complaint must be made available to us at an agreed time and place. If the goods have already been forwarded or distributed to several recipients, the costs of assembling the rejected goods shall not be borne by us.

(4) Subsequent performance shall be effected at your discretion by remedying the defect (subsequent improvement) or by delivery of a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or to withdraw from the contract during the supplementary performance. If we have attempted to remedy the defect three times in vain, this shall be deemed to have failed. If the subsequent improvement has failed, you are entitled to reduce the purchase price or to withdraw from the contract at your discretion.

(5) You may 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) Insofar as nothing to the contrary arises from these GCS including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

(3) The limitations of liability resulting from para. 2 shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same shall apply to claims of the Buyer under the Product Liability Act.

(4) The Buyer may only rescind or terminate the contract due to a breach of duty that does not consist of a defect if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.

§ 11 Goods - Returns

(1) The return of as-new, unfinished goods is accepted under the conditions stated in paragraphs 3 and 4 if the delivery was not more than four weeks ago. Shirts and blouses individually packed at the factory cannot be returned after unpacking. The same applies to finished goods.

(2) If the reason for the return is a supplier error, we will collect the goods from you. The collection can be requested by telephone, fax or e-mail. It is also possible for you to return the goods. The costs for the return are taken over by us, provided that they do not exceed the costs of a collection. After the return you will receive a credit note for the value of the goods including all shipping costs without deduction.

(3) If there is no supplier error , send us the goods. In this case, after processing the return, you will receive a credit note for the value of the goods less 25% handling costs, but at least less 20.00 CHF. Shipping costs will not be credited in this case. If, in agreed exceptional cases, we also take back unpacked shirts and blouses in deviation from the regulation in paragraph 1, the handling costs for these articles shall amount to 50%.

§ 12 Limitation

(1) The mutual claims of the contracting parties shall become statute-barred in accordance with the statutory provisions, unless otherwise stipulated below.

(2) In deviation from § 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material defects and defects of title shall be one year from delivery. Insofar as acceptance has been agreed, the limitation period shall commence upon acceptance.

(3) Special statutory provisions for claims in rem for the surrender of goods by third parties (§ 438 Para. 1 No. 1 BGB), for claims in supplier recourse (§ 479 BGB) and for the claims for damages specified in § 10 Paras. 2 and 3 shall remain unaffected. In these cases, the statutory limitation provisions shall apply exclusively.

§ 13 Copyright

As the client, you are solely liable if rights, in particular copyrights of third parties, are infringed by the execution of your order. You shall indemnify the contractor against all claims of third parties for such infringement of rights.

§ 14 Choice of law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to these GCS and all legal relationships between us and you, to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. However, the prerequisites and effects of the retention of title pursuant to § 6 shall be subject to the law of the respective location of the item, insofar as the choice of law made in favour of German law is inadmissible or ineffective thereafter.

(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 shall be our place of business. However, we are also entitled to bring an action at the general place of jurisdiction of the purchaser.

§ 15 Severability clause

Information on online dispute resolution: The EU Commission will provide an internet platform for the online settlement of disputes (so-called "OS platform") in the first quarter of 2016. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The OS platform will be accessible under the following link: http://ec.europa.eu/consumers/odr

If you have any questions, please feel free to contact us by e-mail: info@werbe-welt.ch.