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General Terms and Conditions of Blue Tex AG

(Status: December 2020)




The following terms and conditions apply exclusively to all contracts concluded with us which involve the sale of goods by us to the customer. Deviating regulations only apply if they have been expressly agreed. If further agreements are made, these general terms and conditions shall apply additionally and subordinately. According to Section 13 of the German Civil Code, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.


I. Offer and conclusion of contract


Our offers are non-committal and non-binding. The customer's order represents a binding offer to conclude a purchase contract. A contract is only concluded if and when we confirm the dispatch of the goods and not already with our order confirmation. However, the contract is concluded at the latest upon delivery of the ordered goods.


II. Prices


Our product prices include packaging costs and the sales tax applicable at the time of delivery. In addition to the product price, the specified shipping costs apply. 


III. payments


1. The customer agrees to receive invoices from us exclusively in electronic form at our discretion. We are entitled to offset payments against the oldest due claim including interest on arrears.


2. Invoices for purchase price claims are to be paid within 14 days of receipt. If the customer does not pay on time, he is in default on the 15th day after receipt of the invoice. In this case, we are entitled to carry out outstanding deliveries only against advance payment or against the provision of securities. If the customer's creditworthiness deteriorates significantly after the conclusion of the contract, we are entitled to withdraw from the contract if the customer is not willing to provide step-by-step performance or security despite being requested to do so.


3. The customer can only offset claims that are undisputed or legally established.


IV. Delivery


1. We only deliver to Germany, Austria and Switzerland. 

Delivery dates are only binding if this has been expressly agreed. In case of doubt, the delivery dates stated in the order confirmation shall apply unless they are expressly marked as non-binding. The agreed deadlines are also deemed to have been met with notification of readiness for dispatch if the goods cannot be delivered on time through no fault of our own or the services cannot be provided on time. 


2. We are entitled to partial deliveries and a corresponding settlement. 


3. The agreed delivery periods are extended appropriately if they cannot be met due to force majeure, in particular labor disputes or other operational disruptions through no fault of their own, including those affecting suppliers. 


V. Passing of risk and shipment


If the customer is a consumer, the risk of accidental loss, loss and deterioration passes to the customer upon delivery of the goods to the customer. Otherwise, the risk of accidental destruction, loss and deterioration already passes to the customer when we make the goods available for collection and inform the customer of this or dispatch the goods. If shipping is delayed as a result of circumstances for which we are not responsible, the risk passes to the customer on the day of notification of readiness for shipping. If the goods are to be shipped to another location at the request of the customer who is not a consumer, without the customer requesting a specific shipping method, we are entitled to choose a shipping method at our own discretion. The customer has to bear the shipping costs. Transport insurance will only be taken out by us on the instructions and at the expense of the customer.





VI. warranty


1. The customer acknowledges that, for technical reasons, the production of clothes may deviate slightly from a sample or illustration provided to the customer on the Internet. Such slight variations in size, colour, quality  or weight, finish or design shall not constitute a defect. 


2. The statutory warranty period applies to consumers. If the customer is not a consumer, the statutory warranty claims for new goods become statute-barred after one year from delivery. The above abbreviation of the statute of limitations does not apply if we have fraudulently concealed a defect or if the law prescribes longer periods in accordance with Section 479 of the German Civil Code (rights of recourse) or in cases of mandatory liability in accordance with Section VII.3. The buyer's right of recourse against the seller according to § 478 BGB does not exist if the customer has made an agreement with his customers that goes beyond the scope of the statutory provisions for claims due to defects.


3. If the customer is not a consumer, in the event of a warranty claim we are entitled, at our discretion, to remedy the defect or to deliver a defect-free item. 


4. If the customer is not a consumer, he must give us or a third party obligated to provide the warranty the necessary time and opportunity to carry out the warranty work, provided that we do not refuse subsequent performance, before he can withdraw, reduce or claim damages can demand non-performance. At our request, the customer is obliged to declare within a reasonable period of time whether he intends to withdraw from the contract.


5. The limitation period is suspended for the duration of the time necessary for the supplementary performance. It doesn't start again.


6. Replacement deliveries and the return of repaired goods, if they are not covered by the liability for material defects, will be made against the payment of reasonable shipping and packaging costs plus the payment for the service we have provided. Returns to us and shipments for repair work - outside of liability for material defects - must always be made free domicile. If a notice of defects proves to be unjustified, we are entitled to charge the customer for all of our expenses.



VII. Right of Withdrawal

1. Consumers are generally entitled to a right of withdrawal.

2. Further information on the right of cancellation can be found in the seller's cancellation policy.


VIII. Liability


1. If the customer buys the goods for commercial purposes or is a consumer with his habitual residence in Germany, the following (Section VII.2 to 5) limitation of liability applies. The following limitation of liability therefore does not apply to consumers who have their habitual residence outside of Germany. 


2. All claims for damages and reimbursement of costs by the customer (hereinafter referred to as “claims for damages”) against us for whatever legal reasons, including breach of obligations in connection with the contract, culpa in contrahendo, other breaches of obligations or tortious claims, are excluded.


3. However, the exclusion of liability according to Section VII.2 does not apply if intentional or grossly negligent behavior by us or one of our representatives, employees or other vicarious agents is the basis for the claim for damages; if damage to life, limb or health culpably caused by us or one of our representatives, employees or other vicarious agents is the basis for the claim for damages; as well as with regard to liability, which is mandatory by law in particular under the German Product Liability Act and in the event of a breach of the guarantee promises by us or if we or one of our representatives, employees or other vicarious agents negligently breach an essential contractual obligation. If we have negligently violated an essential contractual obligation and there are no other reasons for liability mentioned above, our liability is limited to the amount of the damage that is usually foreseeable. An essential contractual obligation is such a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies and may rely. For the rest, the statutory provisions for the statutory provisions for the amount of liability shall apply insofar as liability is not excluded in accordance with Clause VII.3.


4. Insofar as liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our representatives, employees or other vicarious agents. 


5. The above provisions do not imply a change in the burden of proof to the detriment of the customer and do not exclude any rights expressly granted in these general terms and conditions.


IX. retention of title


1. The purchased item remains our property (hereinafter: reserved goods) until the purchase price has been paid in full. The customer has to store the items owned by us free of charge as a secondary contractual obligation. The customer is not entitled to take the reserved goods abroad without our express written permission. 


2. After withdrawing from the contract, we have the unrestricted authority to take back the reserved goods in whole or in part, to sell them or to deal with them in some other way or to dispose of them, and the customer is obliged to return them. Until such time as ownership of the reserved goods passes to the customer, the customer shall hold the reserved goods as our trustee and ensure that the goods are properly stored, protected and insured.


3. In the event of access by third parties to the goods subject to retention of title, in particular confiscation, seizure, seizure or other interventions, the customer is obliged to point out our ownership and to notify us immediately so that we can enforce our property rights. If the third party is not able to reimburse us for the court or out-of-court costs incurred in this connection, the customer shall be liable for these.

4. If the aforementioned regulation of the retention of title is wholly or partially invalid according to the law of the country in which the goods are located, a security corresponding to the retention of title in this area is deemed to have been agreed. If the cooperation of the customer is necessary for the creation of such rights and/or the retention of title, he must take all measures necessary to establish and maintain such rights or the retention of title.


X. Online Dispute Resolution, Jurisdiction and Governing Law


1. The European Commission submits platform for online dispute resolution. We are not obliged and also not willing to participate in a dispute settlement procedure before a consumer arbitration board.


2. The place of jurisdiction is Stuttgart if the customer is a merchant, a legal entity under public law or the holder of a special fund under public law. The supplier is also entitled to assert claims at the court responsible for the customer's registered office. Any exclusive place of jurisdiction remains unaffected.


3. German substantive law applies to all legal relationships between us and the customer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international private law. If the customer is a consumer, this choice of law does not exclude the application of the provisions in the country of the consumer, from which no agreement may be deviated from. 

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