§ 1 General provisions
The following conditions apply only if the client is an entrepreneur within the meaning of section 14 BGB (German Civil Code). Only Sachsen Fahnen GmbH & Co. KG, Am Wiesengrund 2, 01917 Kamenz, Germany (hereinafter referred to as Sachsen Fahnen) is the contractual partner for all legal transactions. Conflicting or deviating from these General Terms and Conditions shall not be accepted; their validity shall be denied at the same time. Insofar as provisions of these terms and conditions are subject to a different contractual agreement, this applies only to individual agreements not to the General Terms and Conditions which the other contracting party includes in the contract.
§ 2 Contract conclusion
Sachsen Fahnen feels bound to offers for a maximum period of one month from the date of submission of the offer. The sales consultants and sales representatives of Sachsen Fahnen are only authorized to mediate contracts. They have no power of representation to conclude, rescind or modify contracts. Contracts between Sachsen Fahnen and the client are only concluded by a confirmation in text form. Oral supplementary agreements between the employees of Sachsen Fahnen and the client are only valid if they have been confirmed in text form.
§ 3 Prices
All prices quoted in offers, brochures and catalogues are subject to change. The prices shown are net prices and do not include statutory value added tax (VAT). In addition, they are only valid under the condition of fully provided print data, which are graphically prepared in accordance with the information on the print templates of Sachsen Fahnen. Required changes or necessary graphic editing will be invoiced by Sachsen Fahnen according to the current hourly rate. Small orders of less than EUR 100 are shipped without deduction of discount by cash on delivery or against payment in advance at the expense of the customer. Collection from the factory takes place only against cash payment. If there is an increase in costs between the submission of the offer and the performance of the service, which is caused by material or wage increases, Sachsen Fahnen is entitled to a price change within the scope of section 315 paragraph 3 BGB. If the price increase includes an increase of more than 5% of the initial total price, the contracting authority may withdraw from the contract within 14 days of receipt of the increase.
§ 4 Obligations of the contracting entity to cooperate
If contractually agreed delivery periods, the customer shall ensure that Sachsen Fahnen obtains possession of all documents and files necessary for the execution of the order in due time. In the case of printed data, the customer is solely liable for the non-infringement of copyrights, trademarks and other proprietary rights of third parties or companies. The drawings, drafts, temporary templates, films, files or other design templates produced by Sachsen Fahnen for the execution of the order are and remain the exclusive property of Sachsen Fahnen, are subject to its copyright and may only be changed or passed on to third parties in agreement with Sachsen Fahnen. Instead, all order documents are kept in the form of production data only for a maximum of six weeks in order to be able to use them in the event of a repeat order. However, the client is not entitled to such storage. Data backup is the sole responsibility of the client.
§ 5 Production according to templates, over- or under-delivery
In the case of production of goods according to the customer’s specifications, Sachsen Fahnen will reproduce these as best as possible. Sachsen Fahnen reserves the right to make minor deviations in colour and presentation, which are caused by the technical possibilities in textile printing and the different color loss with different types of basic materials, and does not represent a point of complaint. This also applies to print samples compared to series production. The customer agrees to accept an over-delivery or under-delivery of up to 10 % in the case of custom-made products. Deviations in width and length of +/- 5% are unavoidable due to the technical production process and therefore do not constitute grounds for complaint.
§ 6 Shipping and delivery
Stated and prescribed delivery times are non-binding unless Sachsen Fahnen has expressly assumed the guarantee for compliance with a delivery date. An expected delivery date usually indicates the date of shipment ex works. If the delivery date is exceeded, the client may withdraw from the contract and/or demand compensation instead of the performance only after the expiry of a grace period of at least 14 days to be set by the client for performance or subsequent performance (see also § 11 Liability). The goods are shipped at the expense and risk of the customer. Transport and packaging costs shall be borne by the customer. Should there be delays or even impossibility of production or delivery as a result of circumstances for which Sachsen Fahnen is not responsible then Sachsen Fahnen shall not be liable. Such circumstances include, in particular, changes as well as the absence or late delivery of necessary print data, documents or drawings. Sachsen Fahnen is entitled to make partial deliveries and to invoice them. The customer has the option of having the cartons used for shipping disposed of free of charge at the disposal partner or directly at Sachsen Fahnen. The company NERU GmbH & Co. KG, Neschwitzer Str. 66, 01917 Kamenz, Germany was commissioned to take back the packaging.
§ 7 Instructions of use
The customer shall be solely responsible for checking and, if necessary, establishing all technical and legal requirements, especially those relating to construction law, for the use of the products of Sachsen Fahnen. Sachsen Fahnen does not assume any liability for this or for the suitability of the products for the purpose intended by the customer, unless Sachsen Fahnen is responsible for gross negligence or even intentional conduct in this respect. Any liability of Sachsen Fahnen due to non-observance of the specific conditions of use by the customer or due to improper or unsuitable installation of the respective product by the customer, is also excluded, unless Sachsen Fahnen is guilty of gross negligence or even intentional conduct. The products of Sachsen Fahnen are subject to a wide variety of weather and environmental influences, especially when used outdoors. These, and the type of product (e.g. surface area, material, clothing, assembly technology) have a decisive influence on the conditions for proper and safe use of the respective product as well as on its durability. Sachsen Fahnen therefore recommends the involvement of a designer familiar with the local conditions and weather conditions in order to reduce the aforementioned uncertainties. The client should generally request the assembly and assembly recommendations of Sachsen Fahnen before placing the order. The product warranty of Sachsen Fahnen is limited to the time-limited tensile strength, lightfastness and washability, in each case under laboratory conditions.
§ 8 Guarantee
The complaint of obvious defects is excluded if it is not asserted within eight days of receipt of the goods in text form (e.g. a letter sent by post, fax or e-mail) to Sachsen Fahnen. A prerequisite for all warranty obligations is the granting of the opportunity to examine the presumed, defective goods by returning the same to Sachsen Fahnen. The warranty is excluded if the customer disregards the care and assembly instructions given to him or has processed the goods further. Ordinary wear and tear of goods, in particular due to putting them into use, does not constitute a reason for complaint. In case of justified notice of defects, Sachsen Fahnen has the right to rectification or delivery of a defect-free replacement product. In this case Sachsen Fahnen bears the necessary shipping costs. Only if the subsequent performance has failed several times or is otherwise unreasonable to the client, the latter has the right to reduce the purchase price or to withdraw from the contract. The limitation period for the customer’s warranty rights is 1 year from shipment of the delivery or if acceptance is required from acceptance. This limitation of liability does not apply to cases of liability of Sachsen Fahnen due to intent or cases in which the defect was fraudulently concealed or a guarantee for the quality has been assumed. It also does not apply in the case of liability on the part of Sachsen Fahnen for injury to life, body or health nor in the case of liability for other damages, insofar as these other damages are based on a wilful or grossly negligent breach of duty on the part of Sachsen Fahnen or its vicarious agents.
§ 9 Payment
If the invoice amount is paid within eight days from the invoice date (the receipt on the account of Sachsen Fahnen is decisive for compliance with the deadline) a discount of 2% is granted unless otherwise agreed. Discount deductions are not permissible if older invoices of the customer are still outstanding, the due date of which has already passed. Bills of exchange and cheque payments are only permitted if they have been expressly authorized by Sachsen Fahnen. Offsetting against counterclaims is excluded unless the counterclaims are undisputed or legally binding.
§ 10 Reservation of title
The delivered goods remain the property of Sachsen Fahnen until all outstanding receivables and ancillary receivables have been fully paid. The customer may resell the reserved goods only in the ordinary course of business, provided that his financial situation does not deteriorate adversely. The customer hereby assigns the claim with all ancillary rights arising from the resale of the reserved goods to Sachsen Fahnen. Sachsen Fahnen accepts this assignment. In order to assert the claim, the client must provide Sachsen Fahnen with all necessary information and permit verification of this information.
§ 11 Liability
Claims for damages and expenses of the client are excluded, unless otherwise specified in the present General Terms and Conditions. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of Sachsen Fahnen insofar as the client makes claims against them. Excluded from the above exclusion of liability are claims for damages and expenses due to injury to life, body, health and claims for damages due to the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. Sachsen Fahnen has to hand over the item to the client free of defects in material and legal rights and to acquire ownership of it. Liability for damages based on an intentional or grossly negligent breach of duty on the part of Sachsen Fahnen, its legal representatives or vicarious agents is also excluded from the exclusion of liability; in this respect Sachsen Fahnen is only liable for the foreseeable, contract-typical, direct average damages according to the type of product. Provisions of the German Product Liability Act (ProdHaftG) remain unaffected.
§ 12 Data protection
The protection of personal data is taken very seriously by Sachsen Fahnen. Compliance with the provisions of the Federal Data Protection Act and other legal requirements is a matter of course for Sachsen Fahnen. Sachsen Fahnen has therefore taken technical and organisational measures to ensure that the data protection regulations are observed and complied with both by Sachsen Fahnen and by the third parties involved in the performance of the contract. If clients have questions or suggestions regarding data protection or confidentiality, Sachsen Fahnen is also available to clarify this at info@sachsenfahnen.de. The data communicated by the customer Sachsen Fahnen for the execution of an order, in particular name and address, e-mail address, possibly also telephone and fax number and all data required for contract processing are collected at Sachsen Fahnen in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) and stored on an electronic data processing facility. The data collected by Sachsen Fahnen in this way will be treated strictly confidentially and only passed on to third parties (e.g. parcel services, goods insurances, etc.) to the extent necessary for the execution of the client’s order.
§ 13 Place of jurisdiction and performance, applicable law
This contract is exclusively subject to the substantive law of the German Civil Code (BGB) and the German Commercial Code (HGB). The applicability of the UN Sales Law is excluded. Only for entrepreneurs, merchants and legal entities under public law or special assets under public law, the following applies: Place of performance and place of jurisdiction for all disputes arising from the contractual relationship is the registered office of Sachsen Fahnen GmbH & Co. KG, Am Wiesengrund 2, 01917 Kamenz, Germany. In all other cases Kamenz shall be deemed to be the place of jurisdiction, provided that the requirements of section 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and the customer does not have a general place of jurisdiction in Germany. If the contract or these General Terms and Conditions contain regulatory gaps the legally effective regulations shall be deemed to have been agreed upon to fill these gaps which the contracting parties would have agreed upon according to the economic objective of the contract and the purpose of these General Terms and Conditions if they had known the regulatory gap. Should one of the aforementioned provisions of these General Terms and Conditions or a provision in the context of other agreements be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Effective: August 2023