Terms and Conditions

General

The following terms and conditions are applicable to all orders. Your acceptance of our first shipment according to these rules will signify that you as the client accept to be legally bound solely by these terms and conditions in our business relationship now and in the future. Any deviation from these terms and conditions – especially the application of the cllient’s rules concerning acquisition – are subject to our explicitely expressed written consent. We only consider orders as binding if we confirm them in writing or fulfill them by shipping the ordered product. Ancillary verbal agreements are only considered by us as binding if we confirm them in writing. The same applies to any subsequent changes of the contract or additional agreements. Third-party intellectual property rights must be strictly observed when using our products. „Retail customers“ as referred to herein shall be physical persons who order goods for a purpose unrelated to their industrial or freelance occupation. A “Business Person”, referred to in these terms and conditions shall be a physical person or a corporate body or a partnership with legal capacity which orders goods in pursuit of their business occupation.

Printed content

The client is obligated to ensure that files or material he wants to send in, and the products he wants to be created, do not violate any law (such as competition regulations, design patents or utility models) or infringe any third-party (copy-) rights. The provision of the file or material will be considered by us as your permission to print. We are not obligated to check, whether the files you have provided are correct, complete or in accordance with the law. pi‘ couture shall only be held responsible for immoral and unlawful contents provided by the client, if they have come to our attention and it is technically feasible and reasonable for us to prevent their usage. In such a case, pi‘ couture shall be permitted to delete the said content from the system and refuse further processing thereof. The client shall be obligated to indemnify pi‘ couture from and
against any and all third party claims which are raised due to unlawful and immoral contents made available by the client.

Delivery

If we provide own packing and transportation, different terms apply. We reserve the right to decide on the type of shipping, the dispatch mode and the appropriate packing. Shipping shall be uninsured unless the client is a retail customer. Special requests will be accepted at the risk and expense of the buyer. All prices quoted are subject to shipping charges (per order). Shipment to non- EU countries will incur customs duty upon the buyer. The buyer shall be obligated to pay customs incurred. Unless otherwise agreed, shipment will be made ex works to the delivery adress stated by the client. Specifications regarding delivery date and time are non-binding, unless pi‘ couture has confirmed a binding date of delivery in writing. If we fail to deliver the purchased item through no fault of our own, e.g. because one of our suppliers does not meet his obligations, pi‘ couture reserves the right to withdraw from the contract concluded with the client. In such a case the client shall be immediately informed that the ordered item is not available. Legal claims of the client remain unaffected. If the client is not present at the time and place of delivery despite our timely notification, the buyer shall bear the full cost of the unsuccessful delivery. Partial deliveries are permitted, unless the client has no obvious interest in them or they are obviously unreasonable. Partial deliveries must be accepted by the client, the costs of packing and shipping apply only once even if
there are several partial deliveries.

Force Majeure

Circumstances or incidents which cannot be prevented by due-diligence management (e.g. natural disasters, war, riots, fire, terrorist acts etc.) shall hereinafter be referred to as Force Majeure. In the event of force majeur, the contractual obligations of both parties shall be suspended for the duration of the disturbance and to the extent of their effect. If the resulting delay should exceed a duration of 6 weeks, both contractual partners may withdraw from the contract to the extent affected by force majeure. Other claims may not be derived therefrom.

Conditions of payment

The payment of the ordered item is due on the date stated in the concept and can be made by mail, check, direct debit, cash or Paypal no later than 30 calendar days after receiving the invoice. The decisive date shall be the date when the amount is credited to our bank account. As soon as we have received the payment, we print the ordered item and send it to the client. If the invoice has not been settled within 30 days after receipt, we will immediately assign our claim to a contracted collection agency. Assigning our claim will incur additional costs that the buyer shall bear. If the payment deadline is not met, we will charge an interest of 5% over the basic interest rate, notwithstanding the pursuit of other claims. If the client fails to meet a payment deadline in the context of a partial payment or respite, all outstanding debits shall be payable immediately without notice. Set-off and retention shall only be permitted against undisputed or legally established claims.

Default of Payment

The debtor of a payment shall automatically be put in default 30 days from due date and the receipt of the invoice or a similar request to pay. A payment reminder as mentioned in §284, III BGB) is not necessary. The decisive date is that of the payment receipt on our bank account. Any collection expenses, costs of collection or legal costs incurred to us after the excess of the legal deadline shall be borne by the debtor.

Warranty

Any information provided by us, the transfer of ownership, the processing and usage of the delivered products, our technical advice and other information is given to the best of our knowledge. However, they shall not relieve the client from the responsibility to check and try. Upon receipt, the buyer is obligated to immediately check the goods for defects regarding agreed specifications, otherwise the goods shall be deemed approved by the client. Claims shall only be considered if they are raised within 5 calendar days from receipt of the goods (or after revelation, if defect was not obvious), but within 6 months from receipt of the goods at the very latest, in writing and with enclosed supporting documents. Replaced parts will pass into our property. Our warranty is limited to replacement, rescission, reduction in purchase price or rectification at our own choice. Return of the defect good shall be in accordance with statutory provisions. The limitation period is 12 months from delivery.

Compensation

Our liability for damages, irrespective of the legal basis therefor, shall be limited to that part of the invoiced amount that results from the defects directly involved in the occurence of the loss, to the extent allowed by law. This rule does not apply in the event that we are fully liable in case of intention or gross negligence by law. Liability for any and all other damages (especially for lost profit,loss of interest or lost business deals) shall be excluded.

Reservation of Title

All of our deliveries are made under reservation of title, extended reservation of title or expanded reservation of title. Property passes onto the buyer only once all our claims arising from the delivery contract and the sold item have been satisfied. In the event that the buyer is a businessman or -woman, property shall be passed onto the buyer once all his liabilities arisen from his business relationship with us have been amortized. If payment is made by check, property is only passed when the check is cashed. Payments made will be deducted from the oldest debt, even if otherwise stated in the remittance note of the buyer. The pledging or security assignment is not permitted prior to full payment. Resale is only allowed in a proper business transaction. If goods that are subject to the reservation of title are resold, the reseller (our client) shall assign his claim against his buyer for the full purchase price to us immediately. If our client is in default with his payment, partially or completely, if he ceases payment or if we are in doubt regarding the client’s capacity or willingness to pay, he shall not be entitled to possession of the goods any longer. If the value of all security interests we are entitled to according to these terms and conditions should exceed the amount of all secured claims by more than 20%, we shall release an appropriate quota of security interests upon client’s request. The enforcement of the reservation of title does not signify cancellation of contract.

Data privacy

Information necessary for the processing of our customer’s order shall be saved and forwarded to contracted companies in pursuit of the processing of the order. Personal data shall be treated as strictly confidential. We will only process data that have been created or provided by the client. No data shall be forwarded to third parties.

Other provisions

We do not accept liability for any spelling mistakes or defects of form, colour etc. unnoticed by the client. Colour deviations between client’s screen and our delivered products can occur if the colour scheme of the client’s system is not calibrated. We can provide the client with colour schemes and support the calibration. Any subsequent changes of client request (colour, text, position of the image etc.) shall be charged to the client depending on the effort.

Exclusion of the right of revocation

There is no right of revocation for goods that have been custom made, changed or otherwise fitted to the individual requirements of the client upon his request. This rule applies especially to products created based on a model, sample or image provided by the client and products that have been individualized as requested by the client. Items assembled, chosen and ordered from a selection of different design options shall also be considered as individualized products. pi‘ couture solely creates  individualized one-of-a-kind-pieces.

Place of Fulfillment and Jurisdiction

The place of jurisdiction for any legal action shall be pi‘ couture’s place of business. pi‘ couture may choose to raise their claims at a court in the place of jurisdiction of the buyer. A potential exclusive place of jurisdiction will remain unaffected. The place of fulfillment of the delivery shall be the place of departure of the goods, the place of fulfillment of the payment shall be the place of arrival of the payment. If the client has stated a differing invoice address, that adress shall be considered the place of fulfillment of the payment. For any and all legal relationships between pi‘ couture and the client only German law applies.

Wandlitz/ Germany, 31 August 2012