§ 1 Scope of Application
These General Terms and Conditions (GTC) apply to all deliveries and services of Schlauesocke GmbH, Mühlenstr. 8a, 14167 Berlin.
Deviating or conflicting GTC of the customer only apply if Schlauesocke GmbH expressly agrees to them in writing.
§ 2 Offer and Conclusion of Contract
All offers from Schlauesocke GmbH are non-binding and subject to change. A contract is only concluded with the written order confirmation from Schlauesocke GmbH.
§ 3 Provided Documents and Samples
All documents and products provided to the customer in the context of the offer preparation or order placement, such as presentation and product images, design templates, drafts, mockups, samples, or offers, remain our property and are subject to our copyright.
Without our express written consent, these may not be duplicated, reproduced, or made accessible to third parties. Upon request, the rights to the samples or designs can be acquired for a fee.
§4 Product Characteristics
4.1 Size Deviations
A certain tolerance (+/- 1cm length) in sizes is normal and unavoidable due to production. Socks may shrink slightly over time, which is why brand new products may initially appear slightly larger than expected. Size deviations within the described tolerance do not constitute a defect.
4.2 Color Deviations
The colors of our products are determined based on a yarn color catalog. For each shade, we provide a corresponding Pantone value as a reference. This can be checked with a physical Pantone fan. This offers a fairly accurate way to verify the color effect. Slight color deviations are possible, especially if no exact Pantone shade is available that corresponds exactly to the yarn color. A direct comparison with RGB or CMYK colors is not feasible due to technical differences. In case of uncertainties, color samples should be requested if possible, or a prototype should be ordered (for a fee). Slight color deviations from the Pantone reference values do not constitute a defect. Color deviations from other color systems also do not constitute a defect, as a direct comparison of colors based on different physical conditions (e.g., HEX / RGB) or that may look different depending on the medium (CMYK) is not possible.
4.3 Deviations in Patterns
Since our products are knitted, the patterns are made from yarn. Minor deviations in the representation of patterns or details are unavoidable. Design details may vary in reality due to the nature of the knitting stitches, which have a size of approximately 1.09 mm and are v-shaped. The knitting template for the socks consists of 168 stitches per sock circumference, which may mean that fine details visible in the digital representation cannot be reproduced exactly in the knitting process.
Especially for motifs with small details, we recommend:
- Requesting knitting templates that show the exact stitch pattern or
- Producing a prototype to assess potential deviations in advance.
4.4 Distortion of Motifs
Wearing the socks leads to a distortion of shape and appearance, which is already simulated in the digital preview. The type and extent of distortion depend on the foot shape and leg circumference.
The socks are produced so that the motifs on the unworn socks correspond as closely as possible to the original proportions. However, a certain deviation is unavoidable due to the properties of elastic textile products and does not constitute a defect.
§ 3 Prices
All prices are net, excluding statutory VAT.
Transport costs are included in the prices. Any customs or import costs are to be borne by the customer.
The invoice amount is due within 10 days after dispatch of the goods.
§ 4 Payment Terms
Invoicing occurs upon dispatch of the goods. Payment can therefore be made after receipt of the goods. The payment period on the invoice applies.
Payments are to be made without deductions to the account specified by Schlauesocke GmbH.
§ 5 Right of Withdrawal
A customer may withdraw from the contract within 14 days after conclusion of the contract. In this case, a flat processing fee of €500 becomes due. A withdrawal is only possible if the production of the socks has not yet begun (i.e., the socks must not have been knitted yet and no packaging has been printed). Production begins upon approval of the production template for the socks with simultaneous agreement to an offer.
(2) Schlauesocke GmbH reserves the right to withdraw from previously guaranteed delivery dates if there are delivery problems with certain yarn colors from suppliers.
§ 6 Delivery
(1) The specified delivery times are non-binding unless a binding/guaranteed delivery date has been expressly agreed upon.
Binding/guaranteed delivery dates refer exclusively to the timely handover of the goods to the shipping service provider and the booking of a sufficient shipping rate that allows for a one-day buffer for delays or failed deliveries. We accept no liability for further delivery delays caused by the shipping service provider, but offer a proportional price reduction according to the following model:
We will refund for projects with a guaranteed delivery date proportionally up to 1% of the net order amount per day of delay, but not exceeding the total amount, should we fail to hand over the goods to a shipping service provider on time.
For projects without a specific delivery date with a regular delivery time of approximately 5-6 weeks, the occurrence of a delay is valid from 8 weeks after approval of the production templates.
(2) Industry-standard over- or under-deliveries of up to 3% are permissible. Billing will be based on the delivered quantity. If the deviation becomes known only after the invoice has been issued, a credit note will be created.
§ 7 Warranty
Complaints about defects must be reported in writing within 10 days after receipt of the goods. Otherwise, the goods are considered approved.
In the case of justified defects in the product, Schlauesocke GmbH will, at its discretion and in consultation with the customer, choose the most suitable of the following solutions:
Credit note, Rectification or New production.
The decision will be made taking into account the nature of the defect, delivery times, and other relevant factors.
The right of withdrawal due to defects is excluded.
§ 8 Liability
Our liability is limited to intent and gross negligence. For slight negligence, we are only liable for breaches of essential contractual obligations. In no event shall we be liable for indirect damages or consequential damages, unless these were caused by us intentionally or through gross negligence. The maximum amount of liability is the value of the order.
§ 9 Retention of Title
The goods remain the property of Schlauesocke GmbH until full payment of the invoice amount has been made.
§ 10 Returns
Since these are custom-made products, returns are excluded. Customers can request a prototype for a fee before production begins.
§ 11 Advertising with Customer Projects
Schlauesocke GmbH is entitled to use photographs and samples of the produced goods for advertising purposes. Schlauesocke GmbH will inform you about the planned use of photos.
Customers can object to the use of their projects for advertising purposes by email or in writing.
§ 12 Miscellaneous
(1) Both parties commit to confidentiality regarding all confidential information that becomes known in the course of the collaboration.
(2) For customers who resell the goods, the EU labeling obligations apply (indication of the material composition on the packaging).
§13 Final Provisions
(1) Severability Clause
If individual provisions of these GTC are or become ineffective, the validity of the remaining provisions shall remain unaffected.
(2) Applicable Law
The law of the country in which our company is based applies, excluding the UN Sales Convention.
(3) Jurisdiction
The exclusive place of jurisdiction for all disputes is the location of our company.
These GTC come into effect on December 1, 2024.
Right of Withdrawal
1. Right of Withdrawal for Consumers
(1) Right of Withdrawal of the Consumer
Consumers have the right to withdraw from their contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the consumer or a third party designated by him has given the approval for the production of individual socks.
(2) Withdrawal Declaration
To exercise the right of withdrawal, the consumer must inform us (Schlauesocke GmbH, Mühlenstr. 8a, 14147 Berlin, 030 20 23 68 910, info@schlauesocke.de) by means of a clear declaration (e.g., a letter sent by post or email) of their decision to withdraw from the contract. The consumer may use the attached sample withdrawal form for this purpose but is not obliged to do so.
(3) Consequences of Withdrawal
If the consumer withdraws from the contract, we must refund all payments received from them, including delivery costs (except for additional costs resulting from the consumer choosing a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which the notification of withdrawal from this contract was received by us. For this refund, we will use the same payment method that the consumer used for the original transaction unless expressly agreed otherwise.
(4) Costs of Return Shipment
The costs of return shipment are to be borne by the consumer unless the delivered goods do not correspond to the ordered goods or are defective.
(5) Exclusion of the Right of Withdrawal
The right of withdrawal does not exist for contracts for the delivery of goods made to customer specifications or clearly tailored to the personal needs of the consumer, as is the case with custom-made socks. Once production of the knitting templates for the socks or printing of the ordered packaging has begun, withdrawal is excluded.
2. Right of Withdrawal for Companies and Associations
(1) No Right of Withdrawal for Companies
The right of withdrawal according to § 355 BGB does not apply to contracts with entrepreneurs. For contracts with companies acting in the course of their commercial or self-employed professional activity, the right of withdrawal is excluded.
(2) Withdrawal in Agreements with Companies and Associations
Withdrawal from the contract is only possible in exceptional cases, especially if the order of the goods has not yet been processed or put into production. In this case, the contract can be canceled for a processing fee of €500. Once production of the custom-made socks has begun, withdrawal is excluded.
3. Withdrawal Form (Sample)
If the consumer wishes to withdraw from the contract, they can fill out the following form and send it to us.
To
Schlauesocke GmbH, Mühlenstr. 8a, 14167 Berlin, info@schlauesocke.de
Hereby I/we withdraw from the contract for the purchase of the following goods:
Ordered on / received on:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if communicated on paper):
Date: