1. Scope and Contractual Parties

These General Terms and Conditions (GTC) apply to all business relationships between nowtekstil.com (hereinafter "Provider") and its customers (hereinafter "Customer") in connection with the consulting, design, and production of textiles.

The Provider renders services in the textile industry, particularly in the areas of fashion, design, and production. Contradictory or deviating conditions of the Customer will not be recognized unless the Provider expressly agrees to their validity in writing.

2. Service Description and Obligations

The exact scope of the agreed services results from the respective written agreement (e.g., quotation, order confirmation). The Provider undertakes to perform the agreed services with the care customary in the textile industry.

2.1 Customer Obligations

The Customer is obliged to provide all information, documents, and materials necessary for the fulfillment of the contract completely, correctly, and in a timely manner. Delays caused thereby can lead to corresponding delivery delays.

• Provision of precise design specifications and requirements.
• Timely approval of samples and prototypes.
• Payment of agreed partial and final invoices.

3. Prices, Payment, and Due Date

All prices are plus statutory value-added tax. The payment terms are specified in the respective contract. In the absence of a special agreement, invoices are due immediately upon receipt without deduction.

The Provider reserves the right to suspend the fulfillment of further contracts in the event of non-punctual payment and to invoice services already rendered separately.

4. Liability and Warranty

The liability of the Provider is, to the extent legally permissible, limited to intent and gross negligence. In cases of slight negligence, the Provider is only liable for the breach of a material contractual obligation (cardinal obligation) and the scope of liability is limited to the typically foreseeable damage.

Liability for indirect damages, lost profits, or data loss is excluded. Warranty claims become statute-barred in accordance with statutory provisions, but at the latest 12 months after delivery of the service.

4.1 Material Defects

The Provider assumes no liability for defects in delivered textiles that are attributable to material defects in the fabrics provided or specified by the Customer.

5. Copyright and Usage Rights

All designs, patterns, and concepts created by the Provider in the course of service provision (hereinafter "Works") are subject to copyright. The agreed usage rights to the Works are only granted to the Customer after full payment of all associated invoices.

The Customer guarantees that all templates, logos, and designs provided by him/her are free from third-party rights and that he/she is authorized to use them. The Customer indemnifies the Provider from all claims of third parties resulting from a breach of this guarantee.

6. Contract Duration and Termination

The contract duration results from the respective agreement. Each party may terminate the contractual relationship for good cause without notice. Good cause exists in particular in the event of:

• Serious breach of contractual obligations by the other party.
• Application for insolvency or composition proceedings.
• Cessation of payments.

In the event of termination by the Customer without the existence of a good cause on the part of the Provider, the Provider is entitled to demand the agreed remuneration up to the termination of the contract.

7. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is, if legally permissible, the registered office of the Provider in Cologne.

The Provider reserves the right to amend these GTC with effect for the future. Amendments will be communicated to the Customer in writing or by email. They are deemed approved if the Customer does not object within four weeks of receipt of the notification.

7.1 Contact for Legal Questions

Questions regarding these terms should be directed to: nowtekstil.com, Emma-Wetzel-Allee 9, 50933 Cologne, Phone: 0221 397 1646, Email: info@nowtekstil.com.