For the business transactions between QLOOM Sports GmbH (hereinafter referred to as Qloom) and the purchaser the general terms and conditions of sale, delivery and payment set forth herein below shall apply at the time of the order.
These General Terms and Conditions shall apply in relation to both consumers and entrepreneurs. Consumer within the meaning of these General Terms and Conditions are natural persons with whom a business relationship has been initiated without granting them a commercial or independent occupational function. Entrepreneurs within the meaning of these General Terms and Conditions are natural or legal persons or juristic persons with legal capacity with whom a business relationship has been initiated and are exercising their commercial or independent professional activity. Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. Any conditions of the customer standing contrary to or deviating from these General Terms and Conditions shall not be acknowledged and shall not become part of the agreement.
2) Purchase Order, Conclusion of Contract, Down Payment
The conditions for all services of Qloom are subject to change and non-binding. The request of the customer to Qloom does not constitute an acceptance of the order and does not initiate a specific order process. Only upon confirmation by Qloom and with printing approval by the customer the sales contract is entered. Qloom shall be authorized to accept the offer contained in the order within 14 days. Qloom is entitled to reject the acceptance of the order, for example in case of a too tight termination set by the customer. The customer receives an image file with all details for verification and written approval. After printing approval by the customer no amendments are possible afterwards. When placing the order, an advance payment to the amount of 50% shall become due. Only after receiving the advance payment the purchase order shall be released by Qloom. A late payment may lead to delays in delivery. In the event of non-granting of an order for which design services have already been performed by Qloom, these design services shall be invoiced in the amount to € 120,-- (gross) for upper parts and in the amount of € 80,-- (gross) for pants/shorts. If the order for whatever reasons does not come into existence or if the order is cancelled and design proposals have been presented to the customer, these services will be charged on the basis of the aforementioned prices.
The prices are quoted before value added tax and transport charges which depend on the order quantity and delivery. For deliveries to member states of the European Union other regulations regarding delivery and transport charges apply which are calculated in addition to the order value. Deliveries within the European Union are calculated without VAT only in case the transaction is an intraCommunity delivery and a valid tax-identification number has been provided by the customer on time. Direct shipments from the non-European production site to the entrepreneur are subject to the customary value-added tax. Deliveries to the end-consumer are subject to the following regulations stipulated in the German Tax Code: 1. Either the order is calculated including German value-added tax or 2. Upon exceeding of the delivery threshold value of the European member state the order is calculated including the value-added tax of the respective European member state.
4) Right of Revocation for Consumers
You can revoke your contract within 14 days in text form (e.g. letter, fax, e-mail) without stating reasons or – if permission to use the corporeal object prior to expiry of the fixed term was granted to you – by returning the corporeal object. The revocation period begins after receipt of this information as to your rights in text form, however not prior to receipt of the merchandise by the recipient, and also not prior to fulfillment of our duty to furnish information in accordance with Article 246 § 2 in conjunction with § 1 Sect. 1 and 2 EGBGB (Introductory Act of the German Civil Code). To meet the deadline for revocation it is enough to send off the revocation or the corporeal object in due time. The revocation must be addressed to:
Consequences of the revocation:In the case of a legally effective revocation the performance items that have been received by both sides must be restituted and any benefits that may have accrued from these (e.g. interest) must be surrendered. If you are unable to restitute the received performance item to us in whole or in part or only in a deteriorated condition, you must if need be compensate us for the loss of value to the appropriate extent. In cases in which permission to use corporeal objects was granted, this does not apply if the deterioration of the corporeal object is exclusively attributable to the examination of same – as would for example have been possible for you in a shop. Obligations to refund payments must be fulfilled within 30 days. The deadline begins for you when you send off your declaration of the revocation or the corporeal object, and it begins for us when same are received by us. End of the right of withdrawal. The statutory right of return/cancellation does not exist for items that have been manufactured to customer specifications. End of the information regarding the cancellation policy.
The customer has the opportunity to try sizes and material by means of a sample collection. The individual parts of the sample collection correspond to the material and technological features as well as to the sizes of the delivered items. The sample collection will be made available to the customer for the period of two weeks. In case the sample collection is not returned at due date the samples collection will be charged to the customer. Delivery will be free of charge for the customer, return consignment might be made with a separately requested free return label or the customer pays the return postage in advance and applies for reimbursement. In case of loss, damage or soiling of the samples Qloom reserves the right to invoice the customer with the lost, damaged or soiled samples. In the event of failure to return the collection the entire collection will be invoiced to the customer. In case of delayed payment, conventional interest and collection fees will be charged.
6) Copyrights/Trade mark rights of third parties, Indemnity against liability
The customer assures that he is the owner of all of the rights for the print of the designs and logos submitted by him. The customer assures that the content of the documents submitted by him do not violate any applicable laws or honest practices. Qloom shall not be liable for any infringements of copyright. The customer and not Qloom shall be liable for any compensation claims, legal expenses or any other receivables resulting from copyright violations.
7) Product Marking, Own Copyright
All articles delivered by Qloom shall, in principle, feature the Qloom logo on the front of the uppers and on all shorts/pants on the front left or at the back right. In addition, the inside labels and/or inside prints shall feature the Qloom lettering or the Qloom logo. Furthermore, zippers, grippers, etc. may be branded with Qloom logos. All rights regarding designs and models are reserved by Qloom. All images and texts shown on www.qloom.com are the property of Qloom and are copyright protected. In case of illegal use Qloom shall immediately and without any notice take legal steps. Qloom shall be entitled to depict all products produced by customer order in Qloom’s own publications, print- and online media, advertisements, etc. and to present same on fairs and exhibitions. Qloom may quote the customer as a reference. The customer transfers all rights inclusive copyrights to Qloom. Qloom reserves the right to sell any products not accepted. For any images, design drafts, drawings, calculations and any other documents assigned to the customer Qloom reserves and retains all property rights and copyrights. This also applies to documents that have not expressively marked as confidential.
8) Delivery time, Shipment, Transfer of Risk
Shipment shall only be made against prepayment. 50% of the invoice amount shall be due upon placing the order, the remaining 50% of the invoice amount before delivery. Delivery times and delivery schedules shall only be binding when expressively confirmed by Qloom in writing. Delays in payment may result in a delay of shipment. For the duration of the examination of design approval (so-called “good for print”) by the customer the delivery time is interrupted, in fact from the day of dispatch to the customer until the approval has arrived. In case the customer requires further chargeable amendments of the order a new delivery time starting from the date of the new printing approval shall apply. In case of culpable exceeding of a delivery date, a default in delivery shall be given only after a reasonable extension of time. Event of Force Majeure shall entitle Qloom to postpone the delivery for the duration of the hindrance. Equal to Force majeure are strikes, lockouts and any other circumstance which materially complicate delivery on our part or make it impossible in other ways. Delivery shall be made for the account of and at the risk of the customer, including carriage-paid shipments. Risk shall be transferred to the customer as soon as the consignment has been handed over to the person or company responsible for carriage. If the customer requests a specific mode of deliver or dispatch route the customer has to cover the extra expenses thereby incurred. The customer shall inspect the delivery immediately after receipt for completeness and proper condition. Should the parcel be damaged the customer shall inform the carrier immediately and have the damage assessed on the spot.
9) Return Shipment Costs
The customer has to bear the return costs, if the goods delivered correspond to the goods ordered and the price of the article to be returned does not exceed a sum of 40 Euros or, in the event of a higher price of the article, if the customer has not yet reciprocated or provided a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge within Germany.
10) Title Retention
The delivered goods remain the property of Qloom until the purchase price has been paid in full. The customer immediately assigns to Qloom all demands and other third party claims together with all incidental rights arising from the onward sale of the goods. The customer must neither pledge the supplied products nor assign them in security.
11) Complaints, Material Defects
The customer shall check the correctness of the order confirmation and immediately raise any objections relating thereto. Upon approval, Qloom shall not be liable for any mistakes missed during the proofing. Defects to part of a delivery do not entitle the customer to refuse or return the whole delivery. The customer shall be obliged to inspect the goods immediately upon delivery and to advise Qloom of any defects within the periods stipulated by law. Qloom reserves the right for repair, replacement or diminution of the purchase price. Technical unavoidable tolerance in colors, quality, material, weight, and other models are not cause for complaints on behalf of the customer. Textile print may be subject to small tone fluctuations despite the greatest care – additionally, screen settings may cause slightly different tonal values. These slight deviations shall not be a cause for complaints on the part of the customer.
12) Data Protection
All information provided by the customer during ordering is used for the sole purpose of processing the respective order and for internal use. The customer allows the data processing of the relevant information for order processing as well as shipment.
13) Final Clause
Deviating agreements must be in writing. In the event that a provision of these General Terms and Conditions be or becomes wholly or partially invalid, the validity of the remaining provisions shall not be affected by this.
14) Place of Jurisdiction
The place of jurisdiction with regard to contracts with merchants and legal entities shall be the court responsible for Qloom’s head office; the valid location of the court of jurisdiction for contracts with non-traders the residence of the purchaser is relevant. All errors and misprints reserved. As of January 2016