General Terms and Conditions (GTC) of Schlauesocke GmbH
§ 1 Scope
These General Terms and Conditions (GTC) apply to all deliveries and services of Schlauesocke GmbH, Mühlenstr. 8a, 14167 Berlin.
Differing or contradictory terms and conditions of the customer only apply if Schlauesocke GmbH expressly agrees to them in writing.
§ 2 Offer and conclusion of contract
All offers from Schlauesocke GmbH are subject to change and non-binding. A contract is only concluded with a written order confirmation from Schlauesocke GmbH.
§ 3 Documents and samples provided
All documents and products provided to the customer as part of the offer or order placement, such as presentation and product images, design templates, drafts, mockups, samples or offers, remain our property and are subject to our copyright.
Without our express written consent, these may not be reproduced, reproduced or made available to third parties. made accessible. On request, the rights to the samples or designs can be acquired for a fee.
§4 Product features
4.1 Size deviations
A certain tolerance (+/- 1cm length) in the sizes is normal and unavoidable due to production reasons. Socks shrink slightly over time, which is why brand new products may initially appear a little larger than expected. Size deviations within the described tolerance do not constitute a defect.
4.2 Color deviations
The colors of our products are determined using a yarn color catalog. For each color, we provide a corresponding Pantone value as a reference. This can be checked with a physical Pantone fan. This offers a fairly precise way of checking the color effect. Slight color deviations are possible, especially if no exact Pantone color is available that exactly matches the yarn color. A direct comparison with RGB or CMYK colors is not possible due to technical differences. If you are unsure, you should request color samples if possible or order a prototype (for a fee). Slight color deviations from the Pantone reference values do not constitute a defect. Color deviations from other color systems do not constitute a defect either, as a direct comparison of colors that are based on different physical conditions (e.g. HEX / RGB) or can look different depending on the medium (CMYK) is not possible.
4.3 Deviations in samples
Since our products are knitted, the patterns are created from yarn. Minor deviations in the representation of patterns or details are inevitable. Details of the design may vary in reality due to the nature of the knitting stitches, which are approximately 1.09 mm in size and are v-shaped. The knitting pattern for the socks consists of 168 stitches per sock circumference, which means that fine details that are visible in the digital representation may not be reproduced exactly in the knitting process.
Especially for motifs with small details, we recommend:
- Requesting knitting patterns that show the exact stitch pattern or
- Producing a prototype to evaluate potential deviations in advance.
4.4 Distortions of motifs
Wearing the socks leads to a distortion of the shape and appearance, which is already simulated in the digital preview. The type and extent of the distortion depends on the shape of the foot and the circumference of the leg.
The socks are produced in such a way that the motifs on the unworn socks correspond as closely as possible to the original proportions. However, a certain deviation cannot be avoided due to the properties of elastic textile products and does not constitute a defect.
§ 3 Prices
All prices are net, exclusive of statutory VAT.
Transport costs are included in the prices. Any customs or import costs are to be borne by the customer.
The invoice amount is due within 10 days of the goods being dispatched.
§ 4 Terms of payment
The invoice is issued when the goods are dispatched. Payment can therefore be made after receipt of the goods. The payment deadline on the invoice applies.
Payments must be made without deductions to the account specified by Schlauesocke GmbH.
§ 5 Withdrawal from the contract
The customer can withdraw from the contract within 14 days of the contract being concluded. In this case, a flat-rate processing fee of €500 is due. Withdrawal is only possible if production of the socks has not yet begun (i.e. the socks must not have been knitted and no packaging has been printed). Production begins when the production template for the socks is approved and an offer is accepted at the same time.
(2) Schlauesocke GmbH reserves the right to withdraw from previously guaranteed delivery dates if delivery problems with certain yarn colors arise from suppliers.
§ 6 Delivery
(1) The delivery times stated are non-binding unless a binding/guaranteed delivery date has been expressly agreed.
Binding/guaranteed delivery dates refer exclusively to the timely handover of the goods to the shipping service provider and the booking of an adequate shipping rate that takes into account a working day buffer for a delay or failed delivery. We accept no liability for further delivery delays caused by the shipping service provider, but offer a proportional price reduction according to the following model:
For projects with a guaranteed delivery date, we will reimburse up to 1% of the net order amount per day of delay, but up to a maximum of the total amount, if we have not handed over the goods to a shipping service provider on time.
For projects without a specific delivery date with a regular delivery time of approx. 5-6 weeks, a delay is considered to occur 8 weeks after the production templates have been approved.
(2) Industry-standard over- or under-deliveries of up to 3% are permitted. Billing is based on the number of items delivered. If the discrepancy is only discovered after the invoice has been issued, a credit note will be issued.
§ 7 Warranty
Complaints about defects must be reported in writing within 10 days of receipt of the goods. Otherwise, the goods are deemed to have been approved.
In the event of justified defects in the product, the most suitable of the following solutions will be chosen by Schlauesocke GmbH and in consultation with the customer:
credit note, repair or new production.
The decision is made taking into account the type of defect, delivery times and other relevant factors.
A right of withdrawal due to defects is excluded.
§ 8 Liability
Our liability is limited to intent and gross negligence. We are only liable for minor negligence if essential contractual obligations are violated. Under no circumstances are we liable for indirect damage or consequential damage unless we caused this intentionally or through gross negligence. The maximum amount of liability is the amount of the order value.
§ 9 Retention of title
The goods remain the property of Schlauesocke GmbH until the invoice amount has been paid in full.
§ 10 Returns
As these are individually manufactured products, returns are not possible. Customers can request a prototype for a fee before production begins.
§ 11 Advertising with customer projects
Schlauesocke GmbH is entitled to use photographs and samples of the goods produced for advertising purposes. Schlauesocke GmbH will inform you about the planned use of photos.
Customers can object to the use of their projects for advertising purposes by email or in writing.
§ 12 Miscellaneous
(1) Both parties undertake to keep all confidential information that becomes known in the course of the collaboration confidential.
(2) For customers who resell the goods, the EU labelling requirements apply (indication of the material composition on the packaging.
§13 Final provisions
(1) Severability clause
If individual provisions of these terms and conditions are or become invalid, the validity of the remaining provisions shall remain unaffected.
(2) Applicable Law
The law of the country in which our company is based applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) Place of jurisdiction
The exclusive place of jurisdiction for all disputes is the registered office of our company.
These terms and conditions come into force on December 1, 2024.
Right of withdrawal
1. Right of withdrawal for consumers
(1) Right of withdrawal for consumers
Consumers have the right to withdraw from their contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which the consumer or a third party designated by him has given permission for the production of individual socks.
(2) Cancellation declaration
In order to exercise the right of cancellation, the consumer must inform us (Schlauesocke GmbH, Mühlenstr. 8a, 14147 Berlin, 030 20 23 68 910, info@sockvision.com) of his decision to cancel the contract by means of a clear declaration (e.g. a letter sent by post or email). The consumer can use the attached model cancellation form for this purpose, but is not obliged to do so.
(3) Consequences of cancellation
If the consumer cancels the contract, we will refund all payments that we have received from him, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received notification of the cancellation of this contract. For this repayment, we will use the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed.
(4) Costs of return
The cost of return is borne by the consumer, unless the delivered goods do not correspond to the goods ordered or they are defective.
(5) Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the consumer, as is the case with individually manufactured socks. As soon as production of the knitting patterns for the socks or printing of the ordered packaging has begun, cancellation is excluded.
2. Right of cancellation for companies and associations
(1) No right of cancellation for companies
The right of cancellation according to Section 355 of the German Civil Code does not apply to contracts with entrepreneurs. A right of cancellation is excluded for contracts with companies that act in the context of their commercial or independent professional activity.
(2) Cancellation of agreements with companies and associations
Cancellation of the contract is only possible in exceptional cases, in particular if the order for the goods has not yet been processed or put into production. In this case, the contract can be cancelled for a processing fee of €500. As soon as production of the individually made socks has begun, cancellation is excluded.
3. Cancellation form (sample)
If the consumer wishes to cancel the contract, he can fill out the following form and send it to us.
To
Schlauesocke GmbH, Mühlenstr. 8a, 14167 Berlin, info@sockvision.com
I/we hereby revoke the contract for the purchase of the following goods:
Ordered on / received on:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if notification is made on paper):
Date:
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