General Terms and Conditions

General, Scope

1.1. These General Terms and Conditions apply to all orders placed by consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB) (both referred to as “Customer”) with

DOWE GmbH, Erzgebirgstr. 4, 73466 Lauchheim (Commercial Register Entry: Ulm District Court HRB 72 44 76) Managing Director: Martin Vetter Phone: +49 7363 952900 Fax: +49 7363 9529050 E-Mail: info@dowe.de (hereinafter “DOWE”).

1.2. A consumer is any natural person who concludes a legal transaction for purposes that predominantly are not related to their commercial or independent professional activity.

1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the course of their commercial or independent professional activity when concluding a legal transaction.

1.4. For the purposes of these Terms and Conditions, “Customer” refers to both consumers and entrepreneurs.

1.5. Our deliveries, services, and offers are made exclusively on the basis of these Terms and Conditions.

1.6. We hereby object to any terms and conditions of the Customer.

Conclusion of Contract

2.1. The product representations in the online shop are intended to constitute an offer to purchase and represent a non-binding invitation for the Customer to place an order with DOWE.

2.2 Purchase of Standard Products 2.2.1. Standard products are those products that the Customer can purchase from DOWE without requiring any customization. These are referred to as collection goods.

2.2.2. When purchasing standard products, the Customer submits a binding purchase offer by clicking the “Order” button. Before sending the binding order, the Customer can review and, if necessary, amend the order data (goods, quantity, price, delivery, and payment terms) in the shopping cart. The ordering process can be aborted at any time by closing the browser window.

2.2.3. DOWE may accept the order within 7 working days either by sending a separate order confirmation or by delivering the goods. DOWE may refuse to accept the order, for example, after checking the Customer’s creditworthiness or the legality and practicability of the offer, especially in relation to possible infringements of third-party rights.

2.2.4. Confirmation of receipt of the order is made via an automated email immediately after the order has been sent and does not constitute acceptance of the contract.

2.2.5. For orders placed by email or by telephone or written orders for standard products, DOWE will also confirm receipt of the order without delay. This acknowledgment does not constitute a binding acceptance of the order by DOWE, unless DOWE expressly states otherwise.

2.3 Purchase of Custom Products 2.3.1. Custom products are those that have been personalized by the Customer, such as through design, text, colors, and logos.

2.3.2. DOWE will send the Customer a proof/design and a cost estimate/order by email and specify the delivery conditions (delivery and payment terms, and the General Terms and Conditions). The Customer must review the proof, cost estimate, and delivery conditions and may accept the offer/order from DOWE within two weeks of receipt by sending a written order confirmation via mail, fax, or email. Full prepayment of the order value is equivalent to the order confirmation. The contract is concluded upon receipt of the order confirmation and 50% prepayment by the Customer at DOWE. The Customer will then receive a brief confirmation email.

2.4. At the time of contract conclusion, the contractual terms of DOWE will be stored and sent to the Customer, including the General Terms and Conditions, in a format that can be saved and printed via email. The Customer can view, print, and save the General Terms and Conditions here.

2.5. The languages available for the conclusion of the contract are German and English.

Prices and Shipping Costs

3.1. For consumers from EU countries and Switzerland, the prices stated are net prices plus the applicable VAT. The final invoice will include the VAT and the respective shipping cost. Applicable legal taxes/customs processing are charged depending on the country, particularly VAT, and all other price components. Prices are always ex-works, and the buyer is responsible for transportation costs.

3.2. For consumers outside the EU (excluding Switzerland), all prices are net prices. The delivery address is decisive. If VAT is applicable according to the legal regulations in the recipient’s country, it must be paid upon receipt of the goods. Additionally, import duties may apply, which the Customer must pay upon receipt of the goods. These charges are either invoiced by the customs authorities or the delivery company.

3.3. The price is exclusive of transportation and packaging costs. The specific shipping/delivery cost of the ordered goods is determined based on the order quantity and delivery location, taking into account any potential surcharge for remote areas.

3.4. For entrepreneurs, prices are ex-works or warehouse plus freight and the applicable VAT.

Payment Terms

Payment can be made either in advance or 50% upon order and 50% before delivery.

Delivery Conditions, Partial Deliveries

5.1. The delivery time for custom products is 4-8 weeks from order confirmation, receipt of payment, and design approval. If an express service is agreed upon, the delivery time will be individually negotiated with the Customer and is always chargeable. For standard products from the shop, the delivery time is 2-7 working days from receipt of the order and payment.

5.2. The delivery period is extended, without DOWE having to explicitly point this out, if and to the extent that the Customer is obligated to make a 50% down payment or prepayment but fails to do so.

5.3. If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for the Customer.

Retention of Title

6.1. The delivered goods remain the property of DOWE until full payment of all claims from the delivery contract (retained goods). If the Customer is a merchant within the meaning of the HGB, DOWE retains ownership of all delivered goods until all payments from the business relationship have been received.

6.2. The Customer is obligated to handle the goods carefully until ownership is transferred.

Sample Shipping, Documentation

7.1. Samples sent by DOWE for quality and size checks must be handled with care. Samples must be returned no later than the date specified on the delivery note, but no later than 3 weeks after dispatch. Extensions to this deadline are only possible by agreement.

7.2. The cost of sending samples to the Customer is borne by DOWE, while the cost of returning the samples is borne by the Customer. Insufficiently stamped returns will generally not be accepted.

7.3. If samples are not returned by the deadline specified on the delivery note, a charge will be made according to the regular sales price (price from 10 pieces) from DOWE’s price list valid at the time of delivery. However, the Customer may prove that a lower or no damage has occurred.

7.4. DOWE reserves the rights to ownership and copyright for illustrations, drawings, calculations, and other documents provided to the Customer. This also applies to written documents not marked as confidential. The Customer must obtain DOWE’s express written consent before passing these documents to third parties.

Right of Withdrawal for Consumers

8.1. Right of Withdrawal for Consumers The Consumer has a right to withdraw from the contract within 14 days. Here you will find the conditions for the right of withdrawal for consumers and the model withdrawal form.

Right of Withdrawal You have the right to withdraw from this contract within fourteen days without providing any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods.

To exercise your right of withdrawal, you must inform us:

DOWE GmbH Erzgebirgstr. 4 73466 Lauchheim Phone: +49 7363 952900 Fax: +49 7363 9529050 E-Mail: info@dowe.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day we receive your notification of withdrawal from this contract. We will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any case, you will not incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have provided evidence of having sent back the goods, whichever is the earliest.

You must send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling the goods in a way other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form (Complete and return this form only if you wish to withdraw from the contract.)

To DOWE GmbH Erzgebirgstr. 4 73466 Lauchheim Fax: +49 7363 9529050 E-Mail: info@dowe.de

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),

Ordered on ()/received on (),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date:

Warranty

9.1. For consumers, the warranty is governed by statutory provisions.

9.2. The statute of limitations for claims related to defects is one year from the transfer of risk for businesses, as far as legally permissible.

9.3. Commercially customary and technically unavoidable tolerances in color, quality, material, weight, and other specifications do not constitute grounds for complaints by the customer.

9.4. In textile printing, slight tonal variations, both in color prints and in later deliveries, are always possible and unavoidable. DOWE strives to represent the colors of the product range shown on the website, in the (online) catalog, or in other brochures as accurately as possible. Specifically, the colors seen on DOWE’s website depend on the customer’s screen settings, so DOWE cannot guarantee color comparability. Therefore, it is strongly recommended to order the DOWE color palette on fabric.

9.5. Proof designs for production approval and color prints must be thoroughly checked by the customer for accuracy. DOWE is not liable for errors overlooked by the customer after approval.

9.6. Following a complaint, DOWE may request samples for examination. The requested sample goods must be sent by the customer within three business days and marked in such a way that the type and position of the defects can be identified by DOWE.

9.7. DOWE does not provide guarantees in the legal sense to customers. Manufacturer guarantees remain unaffected.

Liability

10.1. DOWE excludes liability towards customers for slight negligence, unless it involves essential contractual obligations, damages from injury to life, body, or health, or guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by DOWE’s vicarious agents or legal representatives. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible or on which the customer relied and could rely.

10.2. In the event of a slight negligent breach of an essential contractual obligation, DOWE’s liability is limited to foreseeable, contract-typical damages.

Copyright/Third-Party Rights, Indemnification, Unacceptable Designs

11.1. If the customer provides their own design or otherwise influences the product (e.g., text personalization), the customer assures DOWE that the design, text, and motif are free of third-party rights. Any infringement of copyright, design patents, personality rights, name, trademark, and brand rights is fully the customer’s responsibility. The customer also assures that the personalization of the product does not infringe any other third-party rights. Each customer is responsible for obtaining and presenting the written permission of the rights holders for the use of legally protected texts, logos, images, slogans, or designs.

11.2. The customer will indemnify DOWE against all claims and demands arising from the infringement of such third-party rights, to the extent that the customer is responsible for the breach. The customer will reimburse DOWE for all incurred defense costs and other damages.

11.3. Writings, images, or other customizations requested by the customer that infringe on third-party privacy, contain pornography, serve to spread prohibited propaganda, or incite to commit or participate in crimes will not be implemented by DOWE.

11.4. Associations should particularly observe possible guidelines, requirements, and restrictions of their associations. DOWE accepts no liability or warranty for possible violations.

Product Labeling, Self-Advertising, and Own Rights

12.1. All articles supplied by DOWE will generally carry:

• One or more externally visible DOWE logos and/or inscriptions
• One or more sewn-on external web labels with the DOWE logo and/or inscription
• One or more sewn-on internal labels with the DOWE logo and/or inscription
• A care label with the DOWE logo and/or inscription

Additionally, other materials on the textile, such as elastics or zippers, may also bear DOWE’s trademarks.

12.2. DOWE is entitled to present products it has produced in its own online shop, its own (online) catalogs, and in other product descriptions, documents, advertisements, etc., irrespective of their form (electronic or written) and at exhibitions.

12.3. DOWE may mention the customer as a reference in any media. This also includes mentioning and using any protected names or logos. DOWE is not obligated to do so. The customer may restrict or prohibit the mention.

12.4. In the event of production errors or overproduction, DOWE has the right to provide the products as samples to other customers or to use them for internal testing.

Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) in consumer matters at http://ec.europa.eu/consumers/odr/. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Jurisdiction, Choice of Law

14.1. The contractual relationships of the parties are subject to German law. The mandatory provisions of the state in which the consumer has their habitual residence remain unaffected.

14.2. The place of performance for all delivery obligations of DOWE and for other contractual obligations of both parties is Aalen.

14.3. The jurisdiction for disputes arising from or in connection with this contract is the location of DOWE, provided that the customer is a merchant, a legal entity under public law, or a public-law special fund. DOWE is also entitled to sue the customers mentioned in this paragraph at their general place of jurisdiction.

14.4. If the customer has no place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contract is the business location of DOWE. DOWE is also entitled to sue the customers mentioned in this paragraph at their general place of jurisdiction.

Status: 11/2020