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.
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