General Terms and Conditions of Q2 Textile Distribution
§ 1 Scope
1.1.The deliveries and services of Q2 Textilvertrieb are exclusively subject to the following terms and conditions. They refer to all goods and services of Q2 Textilvertrieb.
1.2.Conditions of the customer that contradict or deviate from our terms and conditions shall not be recognized by Q2 Textilvertrieb, unless the Q2 Textilvertrieb agrees in writing to their validity. Changes and additions to the contracts must always be made in writing. Our terms and conditions apply even if the Q2 Textilvertrieb unconditionally executes the delivery or the service in knowledge of conflicting or deviating conditions of the customer. Commitments and side agreements always require the written confirmation of Q2 Textilvertrieb.
§ 2 Offer and conclusion
2.1. The offers of Q2 Textilvertrieb are always non-binding. A contract is only concluded with the written order confirmation by Q2 Textilvertrieb, but no later than upon acceptance of the delivery or service by the customer.
2.2. Q2 Textilvertrieb is entitled to withdraw from contracts if facts occur which show that the customer is not creditworthy.
§ 3 Delivery and service
3.1. Q2 Textilvertrieb is only bound to delivery dates if Q2 Textilvertrieb has expressly designated them as binding in written form. Agreed delivery dates are deemed to have been met if the contract product was handed over to the carrier at the agreed delivery date, unless otherwise expressly agreed.
3.2. The right to reasonable partial services within the specified delivery dates and their invoicing remains expressly reserved to Q2 Textilvertrieb, insofar as there are no disadvantages for the use thereof.
3.3. Q2 Textilvertrieb is not responsible for any delay or impossibility of delivery, provided that Q2 Textilvertrieb or its vicarious agents are not to blame. The occurrence of force majeure or other unpredictable circumstances beyond the control of Q2 Textilvertrieb, such as government measures, non-granting of official permits, labor disputes of any kind, sabotage, shortage of raw materials, late delivery of non-compliant goods, which hinders Q2 Textilvertrieb from fulfilling its obligations, extends the delivery period also appropriate within the delay. Only such a delay of more than three months entitles the customer to withdraw from the contract.
3.4. Q2 Textilvertrieb reserves the right to withdraw from the contract if any of the above mentioned Caused delivery delay longer than six weeks and this is not responsible for the Q2 textile sales. If the delivery by the o.g. Events impossible or unreasonable, the Q2 textile sales will be released from their obligation.
3.5. Claims for damages by the customer in the event of default or impossibility not attributable to Q2 Textilvertrieb are excluded. A claim of the customer for compensation for delay in delivery is excluded in the case of ordinary negligence, otherwise the liability is limited to the amount of the foreseeable damage, however, a maximum of 5% of the delivery value. This limitation of liability does not apply to gross negligence or intentional behavior of Q2 Textilvertrieb.
§ 4 shipping, returns and liability
4.1. Shipping is at the expense of the customer. At his request and cost, the delivery can be insured.
4.2. The customer must inspect the goods immediately after receipt for completeness and conformity according to the invoice. If a complaint is not made within one week, the goods are deemed to have been properly and completely delivered, unless it is a defect that was not apparent during the investigation.
4.3. Insignificant defects that do not affect the serviceability of the delivery item do not entitle the customer to refuse acceptance.
4.4. The risk of loss or damage to the goods passes to the customer upon transfer to the carrier, his agent or other persons named by Q2 Textilvertrieb. Insofar as the shipment is delayed or becomes impossible through no fault of Q2 Textilvertrieb, the risk passes to the customer upon notification of readiness for shipment. These provisions also apply to returns after rectification of deficiencies or paid service to the customer.
4.5. Returns are accepted by us only if you are previously registered with us. The collection of returns will be ordered by the Q2 Textilvertrieb from the respective parcel service. Unless the customer returns the returns at his own expense.
§ 5 Terms of payment
5.1. The purchase price and the fees for fringe benefits si