General Terms and Conditions (GTC) - Avanta Textile Production & Trade Ltd (Embroidery Avanta)
1. Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Avanta Textilproduktion & Handel GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
These GTC shall also apply exclusively if the seller carries out the delivery to the customer without special reservation in the knowledge that the customer's terms and conditions conflict with or deviate from these terms and conditions.
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
Entrepreneurs within the meaning of these GTC are also public authorities or other institutions under public law if they act exclusively under private law when concluding a contract.
2. Conclusion of contract
The products presented in the seller's online store do not constitute a legally binding offer, but a non-binding invitation to the customer to place an order. By sending an order, the customer submits a binding offer to enter into a contract. The seller can accept this within 5 working days by sending an order confirmation by e-mail or by delivering the goods. The following applies to consumers (B2C): There is a statutory right of withdrawal, unless the goods have been personalized or manufactured according to customer specifications (Section 312g (2) No. 1 BGB). The following applies to entrepreneurs (B2B): The right of withdrawal is excluded.
3. special conditions for customized goods processing and set-up costs
At Avanta we professionally realize your individual embroidery wishes. Special conditions apply for processing according to specific customer specifications!
Customers are obliged to provide all templates required for finishing in the correct file format. The seller shall not check these for content or technical correctness. The Customer warrants that it has the necessary rights of use for logos, graphics or other protected content and indemnifies the Vendor against any third-party claims. Embroidery programs remain the intellectual property of Avanta and will not be released. Personalized goods may not be exchanged or returned unless there is a demonstrable material defect.
4. pricing & payment modalities
We also reserve the right to carry out a credit check via Schufa or another information file. Offsetting against counterclaims is excluded, as is the assertion of a right of retention from previous transactions.
We reserve the right to make adjustments in the event of price increases by our suppliers. Our offers are non-binding. With the publication of a new price list, all previous price lists lose their validity.
All prices are exclusive of VAT, unless otherwise stated. The purchase price is due immediately unless a different payment deadline has been agreed in writing. If the customer is in arrears with a payment, the seller is entitled to charge interest on arrears at a rate of 9% above the prime rate (§ 288 BGB).
If the Customer pays by means of a payment method offered by PayPal or Billie that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.
If a payment method offered by Billie or PayPal is selected, the transaction is processed via the respective payment service provider. You can view the terms of use via the corresponding link.
Billie invoice purchase: Billie Ltd privacy policy
PayPal: General Terms of Use
When the goods are handed over to the delivery company or the business partner directly, Avanta has fulfilled its obligation to perform and the risk is transferred to the business partner by requesting payment from the customer after the order has been placed.
Right of withdrawal in the event of insolvency
In the event of the Customer's economic inability to fulfill its obligations to the Seller, the Seller may terminate existing exchange contracts with the Customer without notice by withdrawing from the contract. This also applies if the customer files for insolvency. § Section 321 BGB and Section 112 InsO remain unaffected. The customer shall inform the seller in good time in writing of any impending insolvency.
Default of payment and consequences
We reserve the right to provide evidence of higher damages. If payment is not made within the deadline set even after a reminder, all outstanding invoices of the business partner shall immediately become due for immediate payment. We reserve the right to hand over the receivables to a debt collection agency for collection or to a lawyer for enforcement. Any additional costs incurred as a result shall be borne by the business partner.
5. Force majeure and delays in delivery
Should unforeseeable events occur which impair our fulfillment of the contract, Avanta shall be entitled to postpone the delivery considerably for the duration of the hindrance. In the event of longer-term delays, we reserve the right to withdraw from the contract in whole or in part without any claims being derived against us.
All unforeseeable events or events which - even if they were foreseeable - are beyond our control and whose effects on the fulfillment of the contract cannot be prevented by reasonable measures shall be deemed to be force majeure. This includes, but is not limited to, natural disasters, operational disruptions, strikes, official measures or delays by suppliers and forwarding agents.
6. Delivery and shipping
Delivery takes place within Europe. Shipping costs vary depending on the country and order value. Deliveries outside the EU may incur additional costs such as customs duties or bank charges, which must be borne by the customer.
Please note that there is no delivery on Sundays and public holidays. If you have ordered items with different delivery times, we will send the goods in a single shipment unless we have made other arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.
The delivery time for finished goods is usually 2 - 3 weeks, as the goods go through our production process. Unfinished goods are delivered within Germany in 2-3 working days and outside Germany in 3 - 7 working days.
Further details can be found under payment and shipping
7. Warranty
Avanta warrants the quality of the delivered goods in accordance with the statutory provisions, taking into account the following provisions Minor, production-related deviations in width, color, equipment or design between delivered items and product descriptions or samples are deemed to be tolerances customary in the industry and generally do not impair the contractual use.
Duty to inspect & complaints
The customer is obliged to inspect the delivered goods immediately upon receipt for obvious defects such as material defects, incorrect deliveries or deviations in quantity:
- B2B customers must report obvious defects in writing to Avanta within 5 working days (§ 377 HGB).
- For B2C customers, the statutory warranty rights apply, regardless of when the defect was discovered.
Defects that only become apparent later must be reported immediately after discovery. The affected products may not be used or washed until the complaint has been clarified.
Avanta accepts no liability for damage or defects that are demonstrably caused by improper handling or non-compliance with the care instructions. The current care instructions for finished textiles are available online under Allgemeine Hinweise/Downloads
No right of withdrawal for personalized goods
In accordance with Section 312g (2) No. 1 BGB, the right of withdrawal is excluded for customized goods. This includes textiles with embroidery, printing or other individual customizations that have been manufactured according to customer specifications. An exchange or return is therefore excluded unless the goods have a demonstrable material defect or production fault.
Rectification & reversal
If there is an actual material defect, the customer is initially entitled to rectification or replacement. Only if this fails within a reasonable period of time or is unreasonable can the customer demand a reduction in the purchase price or rescission of the contract.
Limitation of liability and production guidelines
Our liability is limited to the purchase price or the work wage, insofar as legally permissible. This does not affect liability for damages resulting from injury to life, limb or health or for damages caused by intentional or grossly negligent breach of duty.
Color and screen representations may be subject to slight tolerances for technical reasons. We strive to implement color requests as accurately as possible, but would like to point out that deviations in textile finishing are unavoidable.
For customers who supply their own goods for finishing, a production loss of up to 5% is normal and should be planned for. If an exact quantity is required, we recommend supplying 5% additional textiles and labeling them accordingly.
- Avanta accepts no liability for production losses of up to 5%.
- In the event of production losses of less than 25 pieces, subsequent production is only possible by individual agreement.
- Delays due to missing additional quantities may affect the production time. Claims for damages due to these delays do not exist, provided that Avanta has not caused any culpable delay.
Textile colors, size options & care recommendations
Color and size specifications in the webshop or catalog are not subject to any standard. Sizes may vary depending on the manufacturer and model, even within the same brand. Deviations of up to 5% from size charts or product descriptions are common internationally. Particularly in the case of so-called slim-fit/body-fit shirts, the size ranges do not have to match the unisex articles of the same brand. This also applies to men's and women's shirts from the same manufacturer.
Colors may appear differently depending on the manufacturer, article and lighting conditions. Catalog prints and screen displays are not binding. We recommend ordering a sample before placing larger orders or finishing work.
With your order confirmation, approval or payment, you confirm that you have taken note of these possible deviations. These therefore do not constitute grounds for complaint.
Textiles made of cotton or cotton blends should be washed before wearing for the first time. Due to possible chemical residues, color changes may occur if worn unwashed, especially in combination with perspiration and UV light. These color changes are due to the material and do not constitute grounds for complaint..
Refund policy - credit notes instead of refunds
Payments made will only be refunded in the form of a credit note to the customer account on file. A cash payout or remittance is excluded, unless there is a legal obligation for repayment.
8. Liability provisions
Avanta shall be liable for intent and gross negligence on the part of its employees, legal representatives and executives. The extended liability according to § 287 BGB is excluded.
Finishing etc. of delivered or provided goods shall be at the risk of the Customer. We do not guarantee the suitability for printing or embroidery of the goods provided to us. No liability is accepted for goods supplied by the customer, e.g. for damage or soiling during printing, storage or loss, unless caused by intent or gross negligence. Liability claims that may arise due to printing marks caused by stenter frames, holes in the textile due to needle breakage, embroidery image offset due to incorrect machine control or quality and durability during textile printing are not recognized. The Contractor may voluntarily make concessions to the Client as a gesture of goodwill. The amount of the concession is the sole responsibility of the management and must be checked in advance.
9. right of withdrawal and return costs
Consumers have the statutory right of withdrawal of 14 days according to § 355 BGB. There is no right of withdrawal for personalized or refined goods (§ 312g para. 2 no. 1 BGB) Business customers (B2B) are expressly excluded from this.
The return shipment must be packed with sufficient postage. You will receive further information on the return shipment after your complaint request has been checked, which you can only submit by e-mail to shop@stickerei-avanta.de
In accordance with Section 241 (2) of the German Civil Code (BGB), insufficiently stamped returns or shipments without clear labeling that do not allow assignment to the original order will not be accepted and will be returned or disposed of at the sender's expense.
10. Contractual legal bases
All legal relationships between Avanta and the Customer shall be governed exclusively by the law of the Federal Republic of Germany. The application of international sales law provisions, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
Avanta processes the Customer's personal data exclusively within the framework of the applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
Personal data is only collected insofar as this is necessary for the processing of the order, the fulfillment of the contract or legal obligations. The processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR (Art. 6 para. 1 lit. c GDPR
Further information on our data protection provisions can be found underAvanta Privacy Policy.
11. place of jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in Germany, the place of business of Avanta shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship. If the Customer is domiciled outside Germany and is engaged in a professional or commercial activity, the place of business of Avanta shall also remain the exclusive place of jurisdiction. In such cases, however, Avanta shall instead have recourse to the competent court at the Customer's place of business.
Rights of retention and rights to refuse performance on the part of the Customer are excluded unless Avanta recognizes the underlying counterclaims or these have been legally established. The assignment of claims arising from the contract, in particular the assignment of any claims for defects on the part of the Customer, is also excluded.
12. severability clause
Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these terms and conditions. The same applies in the event of a loophole. Subject to changes and amendments.