General Terms and Conditions of Trend-Design GmbH

1 General Provisions, Scope of Application

1.1 These General Terms and Conditions apply to all offers, deliveries and services of Trend-Design GmbH to its customers.

1.2 Our offers, deliveries and services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. The conclusion of a contract with consumers within the meaning of Section 13 BGB is excluded.

1.3 By placing an order, the Customer assures that it is acting as an entrepreneur within the meaning of Section 14 BGB, as a legal entity under public law or as a special fund under public law. We are entitled to request suitable proof of entrepreneurial status. If, after conclusion of the contract, it turns out that the Customer has acted as a consumer contrary to its statement, we are entitled to withdraw from the contract, to the extent permitted by law.

1.4 Conflicting, deviating or supplementary General Terms and Conditions of the Customer shall not become part of the contract unless we expressly agree to their validity in writing. This also applies if we carry out delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the Customer.

1.5 Individual agreements with the Customer shall take precedence over these General Terms and Conditions.

1.6 The invalidity of individual provisions shall not affect the validity of the remaining provisions.

2 Contractual Partner, Conclusion of Contract

2.1 The purchase contract is concluded with:

Trend-Design GmbH
Goebenstr. 66
32051 Herford – Germany
Tel. + 49 (0) 5221 54900

2.2 The presentation of goods in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.

2.3 By clicking the order button, the Customer places a binding order for the goods contained in the shopping cart. Before submitting the order, the Customer may at any time correct its entries using the correction aids provided for this purpose in the ordering process.

2.4 Confirmation of receipt of the order is sent by automated e-mail immediately after the order has been submitted. This confirmation of receipt does not yet constitute acceptance of the offer.

2.5 The purchase contract is only concluded when we accept the order by means of an order confirmation (e.g. by e-mail) or dispatch the goods to the Customer.

2.6 For orders placed outside the online shop (e.g. by e-mail or telephone), the contract is also only concluded upon our order confirmation or delivery.

2.7 The language available for conclusion of the contract is German.

2.8 We store the contract text and send the Customer the order data as well as these General Terms and Conditions by e-mail. The General Terms and Conditions can be viewed and downloaded by the Customer at any time in our online shop.

2.9 Subsequent changes to the order require our consent. Any additional costs incurred as a result shall be borne by the Customer.

3 Product Specifications and Permissible Deviations

3.1 The presentation of the goods in catalogues, brochures, the online shop or other documents is provided solely for descriptive purposes and does not constitute a guarantee of quality.

3.2 Delivery is made within the scope of customary and technically required tolerances. In particular, minor deviations in colour, grain, structure, shape and dimensions are permissible, provided that they are reasonable for the Customer and do not impair the usability of the goods.

3.3 The same applies to deviations caused by material or production-related reasons.

3.4 Minor deviations between displayed and delivered colours may occur in particular due to different screen displays and do not constitute a defect.

3.5 In the case of individually finished goods (in particular embroidery, printing or other customer-specific processing), production-related and process-related deviations are unavoidable.

3.6 Information regarding dimensions, position and execution (e.g. size, placement or colour effect of logos) shall be understood as approximate information. Minor deviations, in particular within a range of up to +/- 5% for dimensional information, are permissible, provided that they are reasonable for the Customer and do not substantially impair the overall effect or usability.

3.7 Such deviations do not constitute a defect.

4 Prices, Terms of Payment

4.1 Unless otherwise stated, all prices are net prices plus the applicable statutory value added tax.

4.2 Unless otherwise agreed in individual cases, invoices are due for payment within 14 days from the invoice date without deduction. In the case of partial deliveries, corresponding partial invoices may be issued.

4.3 The prices stated in the order confirmation shall be decisive.

4.4 If the Customer is in default of payment, we are entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate. The assertion of further damage caused by default remains unaffected.

4.5 The Customer shall only be entitled to set-off or retention insofar as its counterclaims have been legally established or are undisputed.

4.6 If, after conclusion of the contract, circumstances become known which are likely to significantly reduce the Customer’s creditworthiness, we are entitled to carry out outstanding deliveries only against advance payment or provision of security.

5 Transfer of Risk, Transport Damage

5.1 The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer at the latest upon handover of the goods to the transport company.

5.2 The transfer of risk shall also occur if partial deliveries are made or if we have assumed other services (e.g. shipping or installation).

5.3 If dispatch is delayed due to circumstances for which the Customer is responsible, the risk shall pass to the Customer upon notification that the goods are ready for dispatch.

5.4 We shall not be liable for transport damage if the goods were duly handed over to the transport company.

5.5 The Customer is obliged to inspect the goods for transport damage immediately upon receipt. Obvious damage must be reported to the transport company immediately and documented.

5.6 If the Customer fails to properly report transport damage, this may lead to difficulties in providing evidence when asserting any claims against the transport company.

6 Delivery

6.1 Delivery is made ex warehouse to the delivery address specified by the Customer.

6.2 The Customer is obliged to provide a complete and correct delivery address. For orders via the online shops of Trend-Design GmbH, the delivery address provided must correspond to the delivery country selected during the ordering process.

6.3 Additional costs arising due to an incorrect or incomplete delivery address (in particular additional shipping costs, return shipping costs or customs fees) shall be borne by the Customer. We reserve the right to invoice these costs subsequently.

6.4 We are entitled to make partial deliveries insofar as these are reasonable for the Customer.

6.5 For deliveries abroad, the Customer shall bear all additional customs duties, taxes and other charges incurred.

6.6 Delivery periods and delivery dates shall only be binding if they have been expressly confirmed by us in writing.

6.7 Compliance with agreed delivery periods requires that the Customer has fully provided all cooperation required for the execution of the order, in particular the timely provision of print data, approvals, logos, samples, dimensional information or other necessary information. Delays caused by late cooperation on the part of the Customer shall extend the delivery period accordingly.

6.8 If we are unable to meet binding delivery periods for reasons for which we are not responsible (in particular force majeure, strike, lawful lockout or delivery delays by suppliers), we shall inform the Customer thereof without delay and at the same time notify the Customer of the expected new delivery period.

6.9 We are entitled to withdraw from the contract if, despite a corresponding covering transaction, we are not supplied for reasons for which we are not responsible. In this case, we shall inform the Customer without delay and refund any consideration already paid without delay.

6.10 If the Customer is in default of acceptance, we are entitled to claim reimbursement of the costs incurred as a result (in particular storage costs).

7 Retention of Title

7.1 We retain title to all goods delivered until full payment of all claims arising from the respective delivery.

7.2 In relation to entrepreneurs, we also retain title to the goods delivered until full settlement of all present and future claims arising from the ongoing business relationship with the Customer.

7.3 The Customer is obliged to treat the goods subject to retention of title with care and to insure them at its own expense against fire, water, theft and other customary risks sufficiently at replacement value, insofar as this is customary or necessary according to the nature and value of the goods.

7.4 The Customer may resell the goods subject to retention of title in the ordinary course of business, provided that it is not in default of payment and provided that the claim arising from the resale passes to us. Pledging, transfer by way of security or any other disposition outside the ordinary course of business is prohibited.

7.5 The Customer hereby assigns to us all claims arising from the resale of the goods subject to retention of title, including all ancillary rights, in the amount of the final invoice amount including value added tax. We accept this assignment. If the goods subject to retention of title are resold together with other goods without an individual price having been agreed for the goods subject to retention of title, the Customer assigns to us that part of the total price claim which corresponds to the value of the goods subject to retention of title invoiced by us.

7.6 The Customer remains entitled to collect the assigned claims in the ordinary course of business. Our authority to collect the claims ourselves remains unaffected. However, we shall not collect the claims as long as the Customer duly fulfils its payment obligations, no application for the opening of insolvency proceedings has been filed and no other material deterioration of its financial circumstances occurs.

7.7 At our request, the Customer must notify us without delay of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and notify the debtors of the assignment.

7.8 Any processing, transformation or combination of the goods subject to retention of title by the Customer shall always be carried out for us as manufacturer within the meaning of Section 950 BGB, without any obligations arising for us as a result. If the goods subject to retention of title are processed, combined or mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other processed, combined or mixed items at the time of processing, combination or mixing.

7.9 If the Customer acquires sole ownership of the new item, it hereby transfers to us co-ownership of the new item as security for our claims in the ratio of the value of the goods subject to retention of title to the value of the new item. We accept this transfer. The Customer shall hold the sole ownership or co-ownership thus created in safe custody for us free of charge.

7.10 If the goods subject to retention of title or the new item manufactured from them are resold, the foregoing provisions on advance assignment shall apply accordingly.

7.11 In the event of third-party access to the goods subject to retention of title, in particular seizures, the Customer must immediately point out our ownership and notify us in writing. Costs incurred in defending against such access shall be borne by the Customer, insofar as the third party is not in a position to bear them.

7.12 If the Customer fails to fulfil its contractual obligations, in particular in the event of default in payment, we are entitled to assert our statutory rights, in particular to withdraw from the contract and demand return of the goods subject to retention of title.

7.13 If the realisable value of the securities to which we are entitled exceeds our secured claims by more than 10%, we shall release securities of our choice at the Customer’s request.

8 Warranty Provisions

8.1 The statutory provisions shall apply to the Customer’s rights in the event of material defects and defects of title, unless otherwise provided below.

8.2 The basis of our liability for defects is, above all, the agreed characteristics of the goods. In particular, the product descriptions and the information in the order confirmation shall be deemed to constitute an agreement on the condition of the goods.

8.3 Section 377 of the German Commercial Code (HGB) applies to merchants. The Customer must inspect the goods immediately after delivery. Recognisable defects, incorrect deliveries, quantity deviations and transport damage must be notified in writing without delay. If the Customer fails to inspect or give notice in good time, the goods shall be deemed approved insofar as the defect would have been recognisable upon proper inspection. Hidden defects must be notified in writing without delay after their discovery.

8.4 In the event of defects, we shall provide warranty at our discretion by repair or replacement delivery. Our right to refuse supplementary performance under the statutory requirements remains unaffected.

8.5 Without our prior consent, the Customer is not entitled to remedy an alleged defect itself or have it remedied by third parties and to demand reimbursement of the expenses required for this purpose, unless the statutory requirements for self-remedy or a claim for reimbursement of expenses are mandatorily met.

8.6 If supplementary performance fails or is unreasonable for the Customer, the Customer may withdraw from the contract or reduce the purchase price in accordance with the statutory provisions.

8.7 The limitation period for claims based on defects is one year from delivery of the goods, to the extent permitted by law.

8.8 The shortening of the limitation period does not apply to claims for damages arising from injury to life, body or health, to claims based on intentional or grossly negligent breach of duty, to claims under the German Product Liability Act, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee, or to claims based on a third party’s right in rem by virtue of which return of the goods may be demanded. It also does not apply insofar as the law mandatorily provides for longer periods, in particular in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness.

8.9 Minor production-related or material-related deviations, in particular in the case of individually finished goods (e.g. embroidery, printing or other customer-specific processing), shall not constitute a defect, provided that they do not materially impair usability and the agreed overall effect.

8.10 Goods complained about must be returned to us by the Customer at the Customer’s own expense.

8.11 If the complaint proves to be justified, we shall reimburse the Customer for the necessary and reasonable shipping costs. Otherwise, the costs shall remain with the Customer.

8.12 Returns must be agreed with us in advance. Freight collect shipments will not be accepted unless the return has been expressly approved by us in advance.

8.13 We assume a guarantee only if it is expressly designated in writing as a guarantee. The mere presentation or description of the goods does not constitute a guarantee of quality.

8.14 Defects do not entitle the Customer to withhold payments due, unless the amount withheld is in reasonable proportion to the defect asserted.

9 Liability

9.1 We shall be liable without limitation for damages arising from injury to life, body or health resulting from an intentional or negligent breach of duty by us, our legal representatives or vicarious agents.

9.2 In the event of simple negligence, we shall only be liable for damages arising from the breach of material contractual obligations (cardinal obligations). In this case, liability shall be limited to the typical, foreseeable damage.

9.3 Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

9.4 The foregoing limitations of liability shall not apply if we have fraudulently concealed a defect or assumed a guarantee for the condition of the goods.

9.5 Liability under the German Product Liability Act remains unaffected.

9.6 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives, employees and vicarious agents.

10 Data Protection

We process the Customer’s personal data exclusively in accordance with the statutory provisions. Further information on data processing can be found in our Privacy Policy.

11 Copyright and Competition Rights

11.1 All content provided by us, in particular photographs, illustrations, drawings, logos, product descriptions, instructions and other documents, is protected by copyright and/or other legal rights.

11.2 The Customer does not receive any right of use to this content unless expressly agreed otherwise.

11.3 Use, reproduction, editing or disclosure of the content is prohibited without our prior express consent.

11.4 Granted rights of use may only be exercised within the agreed scope and are revocable for good cause, unless expressly agreed otherwise.

11.5 Statutory claims, in particular under copyright, trademark or competition law, remain unaffected.

12 Return of Packaging pursuant to Section 15 VerpackG

12.1 Insofar as we place on the market packaging that is not subject to system participation and for which return and recovery obligations exist under Section 15 of the German Packaging Act (VerpackG), in particular transport packaging and sales and outer packaging which, after use, typically does not arise as waste at private final consumers, we shall take back such packaging in accordance with the statutory provisions.

12.2 The return serves the reuse or proper recovery of the packaging and thus the return of the packaging material to the recovery cycle.

12.3 Unless otherwise agreed in individual cases, the return point shall be our place of business or the return point designated by us to the Customer.

12.4 The Customer must provide the relevant packaging emptied of residues, sorted by type and free of foreign substances. The costs of return shipment or delivery, including any transport, packaging and ancillary costs, shall be borne by the Customer, insofar as such cost allocation is legally permissible and unless otherwise agreed in individual cases.

12.5 Deviating agreements regarding the place of return, type of return and bearing of costs remain reserved.

12.6 If the Customer does not return the packaging to us, the Customer is obliged to send it for proper reuse or recovery in accordance with the provisions of the German Packaging Act, insofar as and to the extent that the Customer has its own statutory obligations in this respect.

13 Final Provisions

13.1 The place of performance for all obligations arising from the contractual relationship is our place of business in Herford, unless expressly agreed otherwise.

13.2 If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be our place of business. However, we are also entitled to sue the Customer at its general place of jurisdiction.

13.3 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.4 Any goodwill arrangements shall be made voluntarily and shall not give rise to any legal claim for future cases.

13.5 Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall take the place of the invalid or unenforceable provision.

Status 06/2026