ToS
1. scope of application
All deliveries, services and offers of Alexander Wieland GmbH shall be made exclusively on the basis of these terms and conditions of business. This shall also apply if different terms and conditions of purchase of the customer exist. Any deviating provisions must be made in writing. By placing an order, the General Terms and Conditions of Business shall be accepted.
2. Performance
Alexander Wieland GmbH exclusively supplies tradesmen. You can only order online via the online shop for commercial purposes. An order for private purposes is excluded.
3. premium customer
Every business customer can become a premium customer of Alexander Wieland GmbH. The condition for the status of premium customer is the Sepa basic direct debit 10 days after invoicing with 2% discount. In return, the premium customer receives an additional 2% premium bonus on the goods for each order.
4. terms of payment and retention of title
a. For new customers and first-time buyers:
Prepayment
Cash on delivery (only for Germany and Austria + cash on delivery fee (Germany: 7,50 € per parcel, Austria: 15,00 € per parcel)
PayPal
Credit card
b. For existing customers:
Sepa-Basis-Dastschrift (only valid for Germany and Austria) minus 3 % discount, 10 days after date of invoice.
Invoice 10 days net, without deduction
PayPal
Credit card
c. Unless otherwise agreed, payment in advance is required for delivery of goods abroad.
d. The invoice date shall be the date of dispatch of the goods.
e. Payment must be received within the period stated on the invoice.
f. In the event that the stated payment deadline is exceeded, the customer shall automatically be in default of payment. In the event of late payment, interest on arrears shall be payable at a rate of 2% above the respective discount rate of the German Federal Bank. The assertion of further damage caused by default shall not be affected by this. From the 2nd payment reminder onwards, a reminder fee of € 5.00 shall be payable. From the 3rd payment reminder 10.00 €.
g. If there is a significant deterioration in the financial circumstances of the purchaser or if it only becomes known subsequently that the purchaser is in poor financial circumstances, the seller shall be entitled to amend the terms of payment accordingly or to withdraw from the contract.
h. The delivered goods shall remain the property of Alexander Wieland GmbH until payment has been made in full. Only then shall they become the property of the buyer. We shall be entitled to a right of segregation in the event of bankruptcy. In the event of sale, the resulting claims shall be transferred to us by way of security. The buyer shall assign the claims to us and shall also provide us with information on this at any time upon request. He is authorised to revocably collect the claim transferred to us. If the buyer does not fulfil his obligations towards us, he is obliged to inform the debtors of the assignment upon request.
i. Pledging or transfer of ownership of our delivery or assignment of our claim to third parties is not permitted.
5. offers, prices
a. All offers are subject to change and apply exclusively to traders.
b. All prices are - unless otherwise stated - unit and net prices plus the respective statutory value added tax plus shipping costs and, if applicable, set-up costs.
c. All offers and price lists are subject to change and non-binding. They shall only become binding upon confirmation of the order by the supplier.
d. With the publication of a new catalogue, all previous offers lose their validity.
e. Try on samples are always charged and credited within 14 days if returned. Longer sample times are possible, in this case only written confirmations by the supplier are valid, exceptions are special productions!
f. Costs arising from subsequent changes (after production approval) at the instigation of the customer shall be borne by the customer, including any downtime of production equipment caused thereby.
g. All offers from the manufacturer Enrico Wieland as well as Alex Wieland are custom-made products, these are specially made according to your selected specifications in the shop and are excluded from exchange or return, in the case of the Try On sizes you have, within 14 days, a right of return. You will receive a credit note after the incoming goods inspection, which will be offset against your next order - alternatively, you can also keep these Try On items.
6. returns
Returns are only possible by prior arrangement, as all Enrico Wieland articles are specially made according to the configuration made in the shop. Custom-made items, special orders, items in special colours, items that have become unusable due to incorrect handling and/or washing, embroidered or printed goods are generally excluded from return. Returns without postage will not be accepted, the shipping costs are to be borne by the customer.
For returns, except for try on sizes, restocking fees of €15.00 plus VAT will apply.
7. shipping
a. Shipping costs:
Germany: We charge 7.90 Euro plus VAT per parcel for postage and packaging.
Austria: We charge 13.90 Euro per parcel for postage and packaging.
Switzerland: Per parcel we charge 19,90 Euro for postage and packing, plus to be paid by the buyer: UPS charges: 2,5% of the value of goods, minimum 20 CHF, customs duties, tax: 8% of the value of goods.
Other countries: according to expenditure
Express shipping and shipping by airmail will be charged separately.
Shipping costs are subject to change without notice.
b. Deliveries shall be made in one consignment as far as possible.
c. Unless otherwise agreed and confirmed in the respective order, the route and means of dispatch shall be at the discretion of the supplier.
d. Shipment shall be made for the account and at the risk of the principal, even in the case of "free domicile" shipments. The risk shall pass to the Client as soon as the consignment has been handed over to the person or company carrying out the transport. If the dispatch is delayed due to the client's conduct, the risk shall pass to the client upon notification of readiness for dispatch.
e. Delay in delivery
In the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances, e.g. material procurement difficulties, operational disruptions, strikes, lack of means of transport, official interventions, energy supply difficulties, etc., even if they occur with upstream suppliers, the stated delivery periods are not binding and must be re-agreed. This applies in particular to the agreement of fixed deadlines.
8. default of acceptance
a. If the client is in default of acceptance, the rights under the German Civil Code (BGB) shall apply.
b. If the client does not promptly accept the delivery within a reasonable period of time after completion or notification of dispatch, or if dispatch is impossible for a longer period of time as a result of circumstances for which the supplier is not responsible, then the supplier is entitled to store the delivery for the account and at the risk of the client either in the warehouse itself or with a forwarding agent or other company.
9. complaints, notice of defects
a. The client must check the correctness of the order confirmation without delay. If a possible error is not reported within 24 hours, this order confirmation shall be deemed accepted, even if this means that the delivery is not as originally requested.
b. Defects and shortages must be reported within 24 hours after the items have been handed over at the delivery address, hidden defects within 2 days after discovery, at the latest within 14 days after receipt of the goods. This shall also apply in particular to outturn samples if the goods have been sent to a third party on his behalf. In the case of direct shipment, the obligation to inspect the goods remains with the principal.
c. The risk of any defects shall pass to the client with the production release declaration, insofar as it is not a question of defects which have only arisen in the production process following the release declaration.
d. Defects in parts of the delivery do not entitle the customer to complain about the entire delivery.
e. The supplier shall first have the right to rectify the defect or make a replacement delivery within a reasonable period of time. In the event of delayed, omitted, impossible or unsuccessful rectification or replacement delivery, the Client may demand a reduction of the remuneration. Any further warranty and liability for damages, in particular in the event of failure of the rectification due to delay or poor performance of the rectification obligations as well as consequential damage caused by a defect, shall be excluded. Excluded from this is an exclusion or limitation of liability for damages arising from injury to life, body or health which are based on a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user, as well as an exclusion or limitation of liability for other damages which are based on a grossly negligent breach of duty by the user or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user.
f. Customary and technically unavoidable tolerances in colour, quality, material, weight, sizes and other designs are no cause for complaint on the part of the client.
g. In the case of textile printing and textile embroidery, slight variations in tonal value are always possible and unavoidable, both in the press proof and in the subsequent delivery. This applies in particular to 4c photo raster printing in offset quality and is no reason for complaint.
10. embroidery service
a. For initial orders as well as repeat orders of embroidered goods, the minimum order quantity is 3 pieces per article and colour, 6 pieces in total, sizes freely divisible.
b. If the minimum order quantity is not reached, a surcharge of 15 % shall apply.
c. In the case of embroidery or printing and special production, we reserve the right to deliver 10 % more or less.
d. Graphic processing for finishing: For certain logos that cannot be used 1:1 for the creation of the embroidery card, processing of the logo is necessary. The logo editing costs will be charged according to the time and effort involved.
e. For logo orders we charge set-up costs of € 9.90 plus VAT per order.
11. proofs
Proofs and approval samples shall be checked for correctness by the Customer and released to Alexander Wieland GmbH without delay. The Supplier shall not be liable for any errors overlooked by the Customer.
12. self-promotion of the supplier
The Supplier shall be entitled to depict the Customer's products produced by it in its own catalogues, print and online media, advertisements, etc. and to present them at exhibitions and trade fairs.
13. copyrights
a. The customer assures that in the event of the transfer of work on a work to us, in particular in the case of orders for reproductions and other redesigns of a work, he is entitled to the copyright to this work. He thus releases us from any liability arising from the infringement of any copyright or other property right. The transfer of ownership of a work produced by us - original or reproduction - does not transfer the copyright.
b. We reserve the property rights and copyrights to our cost estimates, drawings, image templates and other documents. The documents may not be made accessible to third parties.
14. place of performance, place of jurisdiction, effectiveness
The place of performance for deliveries and payments is Issigau. If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the user shall be the registered office of the user.
15 Miscellaneous
a. The legal relationship between the Customer and the Supplier shall be governed exclusively by German law. This applies in particular with legal relations to foreign business partners.
b. Should some articles be temporarily or no longer available, we reserve the right to offer alternatives, possibly also at different prices. Misprints and errors excepted.
16. severability clause
Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
17. imprint
Alexander Wieland GmbH - Wiesenweg 4 - 95188 Issigau
General information
All prices are net prices plus the legally applicable value added tax.
For goodwill returns/complaints we reserve the right to charge a handling fee of € 5.00 per item.
Orders are carried out on the basis of our General Terms and Conditions
These can be viewed on the Internet at www.enrico-wieland.de or will be sent to you on request.
Errors and misprints excepted
We reserve the right to make price changes and prior sale.
Oversize surcharges: please note our oversize surcharge: from size XL/XXL: 4,00 € surcharge, from size 3XL/4XL: 5,00 € surcharge, from 5XL/6XL: 6,00 € surcharge. For special & oversizes over 6XL we charge an oversize surcharge of 20%.
For small orders we reserve the right to charge a minimum quantity surcharge of 15% of the value of the goods.
For embroidery and printing, we charge a one-off set-up fee of €9.90 plus VAT per order.
Your advantages
The tax office accepts our invoices as tax-deductible expenses when it comes to workwear.
Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the internet at the following link: http://ec.europa.eu/consumers/odr/.