Terms and Conditions
These terms of delivery and payment apply exclusively to all offers, transactions and deliveries. Deviating agreements are only effective if they have been recognized by us in writing. Should one of these provisions be ineffective, this shall not affect the effectiveness of the remaining provisions. Conflicting terms and conditions of the buyer do not apply, even if we have not expressly contradicted them. Subsidiary agreements generally require our written confirmation, otherwise they are not deemed to have been agreed.
Place of performance for all services from the delivery contract is Berlin.
Consumers within the meaning of the terms and conditions are natural persons who, on the basis of these general terms and conditions, conclude contracts with us for a purpose that cannot be attributed to their commercial or professional activity.
Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the contract with Black Star GmbH, act in the exercise of their commercial or independent professional activity.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. Our range of unprinted textiles is only aimed at entrepreneurs, we do not supply end consumers.
Offer & conclusion of contract
The prices offered apply only in connection with the underlying order data and are subject to change with regard to price, quantity and delivery time.
Orders are only considered accepted after written confirmation or delivery.
Samples are only sent or manufactured upon request and against a delivery note.
Outturn samples are only produced upon express request and against separate calculation.
Subsequent changes at the instigation of the customer, including machine downtime costs incurred as a result, will be charged on. This also includes repetitions of proofs that are required due to minor, technically unavoidable deviations from the template.
The conclusion of the contract is subject to the proviso that in the event of incorrect or improper delivery to ourselves, we will not pay or only pay in part. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately.
Requested samples are always charged at the unit price. We ask for your understanding that it is not possible to take back the samples due to the high processing costs.
Unless otherwise stated, Black Star GmbH is bound by the prices contained in its offer for 30 days after their date. The prices stated in the order confirmation plus the statutory sales tax are decisive. Additional deliveries and services will be charged separately. Unless otherwise agreed, the prices are EXW warehouse including normal packaging. The customer does not incur any additional costs when ordering by using the means of long-distance communication.
Delivery times are binding if agreed in writing. If the delivery is delayed, the buyer can only withdraw from the contract after setting a reasonable deadline and grace period in writing. Claims for damages are excluded insofar as liability does not necessarily result from statutory provisions.
Partial deliveries are permitted. Excess or short deliveries of up to 5% of the ordered quantity cannot be objected to. Charged will be the amount sent.
Complaints, revocation and return clause
The buyer is obliged to check the delivered goods immediately upon receipt and to report any complaints in writing within 7 days. After this period, the warranty for recognizable defects is no longer valid. In the case of reduction or damage during transport, the forwarding agent must be informed immediately. Our responsibility expires with the proper posting of the shipment. Returns are to be sent free of charge in any case. The risk of any errors is transferred to the customer with the declaration of readiness for printing. Justified defects will be remedied within a reasonable period of time by repair or replacement delivery, at our discretion. Other claims from the statutory warranty obligation only exist if the repair or replacement delivery does not take place within a reasonable period of time or if a property guaranteed by us is demonstrably missing. Liability for damage caused by defects is excluded insofar as it does not exist on the basis of statutory provisions. All claims of the customer from deliveries or services that are justifiably criticized expire within a period of 3 months after delivery. If the order is for contract finishing work or the further processing of printed matter, there is no liability for the impairment of the product to be finished or further processed, unless it was caused by intent or gross negligence. The supplied samples are decisive for the quality. In the case of colored reproductions, minor deviations from the original cannot be objected to. Likewise, commercial or technical deviations in quality, condition, dimensions, color etc. cannot be objected to. We reserve the right not to continue processing orders if we contribute to a violation of legal regulations or morality by processing them. Services rendered up to that point will be invoiced pro rata.
In particular, there is no right of return in the following cases: When delivering goods that are manufactured to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature.
Provision of material and data
(1) Materials to be supplied by the customer must be delivered free of charge in perfect condition. They are not subjected to any quantity or quality control. To compensate for differences in circulation and losses during processing, an excess delivery of 5% of the planned quantities is required, unless otherwise agreed. The materials are to be provided free of any outer packaging, films and straps that are unnecessary for damage-free delivery in such a way that no unusual and unnecessary costs are incurred before or during processing. The additional processing costs for incorrectly or unsuitably packaged goods will be charged at cost.
(2) Residual material will be destroyed after the order has been processed, unless the customer specifies otherwise within 14 days or otherwise is specified in the order. Returns are delivered freight collect and at the risk of the customer.
(3) The customer is solely responsible for ensuring that the content of the print templates or products delivered to him does not violate statutory provisions, in particular that the execution of his orders does not infringe the rights of third parties. The customer must indemnify Black Star GmbH from all possible third-party claims based on such violations of rights.
Delivery and Payments
We only deliver in advance or cash on delivery, or cash on collection. For larger print orders, a deposit must be paid when the order is placed. The goods are delivered from the Berlin warehouse. Shipping is generally only at the expense and risk of the buyer.
If payment is made after the due date, interest on arrears will be charged at the usual bank interest rate.
Before payment of the invoice amounts due, including interest on arrears, the seller is not obliged to provide any further performance from any current contract.
If the buyer is in arrears with a payment due or if his financial circumstances deteriorate significantly, the seller can demand cash payment for outstanding deliveries from any current contract before the delivery of the goods.
Retention of Title
The delivered goods remain our property until all existing claims have been settled. The extended and expanded retention of title applies. The buyer is entitled to resell the goods delivered by us in the ordinary course of business, provided that he simultaneously assigns the claims resulting from the resale to us. This assignment is already deemed to have been accepted by us. However, the buyer is authorized to collect these claims for us as long as he meets his payment obligations as agreed. The buyer may neither pledge the goods subject to retention of title nor assign them to a third party as security or encumber them with other third-party rights. The retention of title also applies to processed goods.
Ownership and Copyright
All printing documents, drafts, reproductions, printing screens, clichés made by us remain our property. Likewise, we retain the general copyright or other property rights to motifs designed or redesigned by us, unless another written agreement has been made.
If the client provides us with a motif, logo or other sign for a print or other order, the client guarantees that the execution of the order will not infringe any third-party rights. The customer releases us from third-party claims.
We can publish print motifs made by us for advertising purposes.
Product identification with the GOTS logo
Anyone selling, labeling or presenting textile products as GOTS certified or using the registered GOTS logo as a trademark must ensure that they meet the applicable criteria and the licensing conditions of the Global Organic Textile Standard program. We would be happy to advise you on this, please contact us. You can find more information on this in the GOTS Licensing and Labeling Guide at http://www.global-standard.org/de/licensing-and-labelling.
Black Star Ltd
Eberswalder Strasse 31
© 2020 Black Star GmbH