1. Applicability
All offers, orders, orders and deliveries are exclusively subject to our terms and conditions. Any deviations must be confirmed by us in writing. Any deviating provisions in the terms and conditions of our client are hereby contradicted.
2. Color names and sizes
The color names and sizes given in our publications (catalog, internet, etc.) are not subject to any standards. The same applies to the sizes indicated on the textiles. Conclusions on certain dimensions or general color renderings are not possible on the basis of this information and are not grounds for complaint.
3. Copyright and other proprietary rights
By placing the order, the customer confirms that he has, or has abolished, all copyright, performance protection and other rights necessary for the execution of the order. He assumes full liability for this and indemnifies Joha fashion GmbH from all claims of third parties, in particular claims of competition and copyrights. The copyright to the designs, designs, sketches made by the Joha fashion GmbH is entirely in his sole possession .
4. Reservation of title
All deliveries are subject to retention of title. The goods delivered remain the property of the seller until full payment of the purchase price and all other claims of the seller against the buyer from the current business relationship. The buyer is entitled to sell the goods in the normal course of business. He already assigns all his claims against the purchaser from the resale to the seller to secure it. The buyer is authorized and obliged to collect the claims as long as the seller does not revoke this authorization. The Purchaser’s authorization to purchase shall cease to exist without the express declaration of the Seller if the Purchaser terminates his payments. The seller will not make use of his / her conscientious object as long as the buyer duly fulfills its payment obligations.
5. Liability for Defects
Please note that there may be up to 5% of production or over-deliveries for finishing orders. Defects of a part of the delivery do not entitle to the complaint of the entire delivery. For all textiles, fluctuations of color, size, color of the print and the embroidery, as well as the grammage, are to be expected. Such fluctuations are not grounds for complaint. It should be noted that the definition of the size of our articles may be different. Compared to another article or manufacturer “too large Small” or “too small Large” are no grounds for complaint. Discoloration, alteration of the material, enema or other damages caused by improper handling or washing defects are likewise not grounds for complaint. In case of doubt, an objective test with the product from the same batch is decided. Complaints do not entitle you to withhold payment. Insignificant deviations in the quality and delivery of the goods are reserved if they are unavoidable due to raw materials or for technical reasons. Claims for conversion of the purchase or reduction of the purchase price are excluded. Likewise, the claims for damages, irrespective of the legal basis, are excluded.
We can not replace the customer’s product which is printed, embroidered, dirty or damaged. Joha fashion GmbH therefore accepts no liability for delivered goods. This also applies to consequential damages, in particular personal injury, material damage and operational disturbances. No liability is assumed for our advice. It does not exempt the customer from the personal obligation to test.
6. Prices
Prices for raw materials are subject to fluctuations, which we can neither predict nor influence. Therefore, we must reserve short-term changes to our terms and conditions. Our prices are net in Swiss Francs.
7. Return / sample delivery
The exchange of refined goods is not possible. Designs must be returned to Joha fashion GmbH within 7 days. Otherwise the goods are considered as purchased and will be charged. Shirts and blouses, which are ordered and shipped on order of the customer, can not be taken back and will be invoiced.
8. Delivery time / shipping
The delivery period begins with the date of receipt of the order after we have received the confirmation of production from the customer, but not before clarifying all the details necessary for the execution of the order. If a delivery deadline is exceeded by more than 30 days for reasons beyond our control, and a written grace period set by the purchaser after the occurrence of the delay has passed without success, the buyer is entitled to withdraw from the contract. In the event of non-timely delivery due to force majeure or other obstacles which are unavoidable despite reasonable diligence, including delays in transport, strikes at our suppliers, we shall not be in default for the duration of such events. Damages due to delay or subsequent objective impossibility of the delivery are excluded except in case of intent and gross negligence.
9. Terms of payment
The date of the invoice is the day of delivery. Customary payment is 30 days net without deduction. We further reserve the right to deliver only the terms of payment agreed with the customer instead of the usual payment terms.
The set-off against the customer’s claims is excluded for all conceivable cases, unless the counterclaims are undisputed or legally established. We are entitled to assign our trade receivables for financing purposes.
10. Jurisdiction
Any disputes arising from this contractual relationship shall be decided exclusively by the ordinary courts at the supplier’s place of business.