1. These General Terms and Conditions of Sale and Delivery apply to all buyers, regardless of whether they are consumers (§13 BGB [German Civil Code]) or entrepreneurs (§ 14 BGB), legal entities under public law and special funds under public law.
   Our deliveries and services are carried out exclusively on the basis of the following conditions.
2. Deviating or additional terms and conditions and contractual clauses of the partner which are not expressly accepted by us in writing shall not be valid even if we do not expressly object to them. Our silence does not imply consent.
3. The contractual partners shall immediately confirm any oral agreements in detail in writing.
4. Orders shall become binding only with our written order confirmation or by carrying out the order.
5. The information and illustrations contained in brochures and catalogues are approximate values which are customary in this line of business, unless we have expressly designated them as binding.

If the partner is a consumer within the meaning of the German Civil Code, the following shall apply:

1. Agreement on the payment of costs: If you make use of your right of withdrawal, you must bear the regular costs of the return if the delivered goods correspond to those ordered.

– Start of the withdrawal policy –

2. Right of withdrawal:

You have the right to withdraw from this contract within 14 days without giving reasons.
The period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
If you have ordered goods within the framework of a uniform order, the period of fourteen days begins from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
If the delivery has been agreed to be carried out in several partial shipments, the period of fourteen days begins from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.
If the regular delivery of goods has been agreed over a specified period of time, the period of fourteen days begins from the day on which you or a third party named by you, who is not the carrier, has taken possession of the first goods.

In order to exercise your right of withdrawal, you must inform us
Karlowsky Fashion GmbH, Am Stadtweg 2, D-39164 Wanzleben-Börde, Germany
Fax: +49 39204 9128-28, Email: service@karlowsky.de
by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the Sample withdrawal form for this, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right to withdrawal before the withdrawal period expires.

3. Consequences of withdrawal

If you withdraw from this contract, we must repay all payments we have received from you, including the delivery costs (with the exception of the additional costs arising from you choosing a different type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract.
For this repayment, we will use the same means of payment which you used for the original transaction, unless we have expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of your withdrawal from the contract. The deadline shall be deemed to have been met if you send the goods before the expiry of the period of fourteen days.
You shall bear the immediate costs of returning the goods. You shall only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods other than that which is necessary to check the condition, properties and functionality of the goods.
We can refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever happens first.

4. Exceptions to the right of withdrawal

Unless otherwise specified, the right of withdrawal does not apply to distance contracts
• for the delivery of goods which are manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for a return due to their nature or which can spoil quickly or whose expiration date would be exceeded,
• for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer,
• for the delivery of newspapers and magazines, unless the consumer has made his contractual declaration by telephone.

– End of the withdrawal policy –

5. If individual components of a bundle or set are returned within the withdrawal period, the items or services remaining with the customer shall be charged at the regular retail price.

5. When processing returns, the order invoice number must be indicated by the return sender.

Our prices are in Euros excluding VAT, packaging, freight, postage and insurance, unless otherwise agreed in writing.

1. All invoices are due for payment immediately upon receipt of the invoice. Notwithstanding any special or individual agreements.
   286 Para. 3 BGB remains unaffected. In the event of late payment, we are entitled to charge interest on arrears in the amount of 8 percentage points above the base interest rate. The assertion of further damages is not excluded.
2. In addition, we are entitled to a right of retention if the legal requirements for this are met. An offsetting with claims of the partner which are disputed by us and are not legally binding is not permitted.
3. Bills of exchange and cheques shall only be accepted by agreement and only on account of performance and on the condition that they can be discounted. Discount charges are calculated from the due date of the invoice amount. We do not accept responsibility for a timely presentation of cheques and bills of exchange and for protesting a bill of exchange.
4. If it becomes apparent after conclusion of the contract that our payment claim is jeopardised by the partner’s defective performance, we can refuse the service and determine a reasonable period for the partner in which he has to pay step-by-step against delivery or provide security. In the event of the refusal of the partner or the fruitless expiry of the deadline, we are entitled to withdraw from the contract and to claim damages.
5. In the case of payment by bank transfer outside the euro zone, the partner shall bear all costs and fees for the foreign transfer and the conversion of foreign currencies into euros. For deliveries abroad, any additional delivery and shipping costs as well as additional bank fees for payment processing shall be charged separately.
6. Deliveries within the EU are exempt from any customs duties. However, the customer must declare deliveries to third countries (including Switzerland) upon receipt. The respective country shall determine any customs duties, customs exemption, additional costs, etc. The customer shall bear any import duties, import fees or import taxes incurred for shipping destinations outside the EU (European Union).
7. If payments of the partner are made by collection by means of SEPA basic direct debits, the following shall apply: The partner shall give us the mandate for the execution of SEPA basic direct debits. (We undertake to notify the partner in the customer service area of the currently valid issued mandate.) The mandate also applies to new master data and bank details communicated by the partner. We shall notify the partner of the corresponding direct debit collection in good time in advance (so-called pre-notification). This notification shall be made at least two banking days before the due date and direct debit collection by the bank.
8. Deliveries within the EU are exempt from any customs duties. However, the customer must declare deliveries to third countries (including Switzerland) upon receipt. The respective country shall determine any customs duties, customs exemption, additional costs, etc. The customer shall bear any import duties, import fees or import taxes incurred for shipping destinations outside the EU (European Union).

1. Unless otherwise agreed, we deliver “ex works”. The notification of readiness for dispatch or collection by us is decisive for compliance with the delivery date or the delivery deadline.
2. The delivery periods begin with the dispatch of our order confirmation or with the expiry of the agreed processing period and shall be extended appropriately if the conditions of force majeure or other obstacles which cannot be avoided despite exercising due care, including transport delays or industrial disputes, are in force.
3. Partial deliveries are permitted to an extent which is reasonable to the partner. They shall be billed separately.

In the case of the purchase of consumer goods, i.e. if the partner is a consumer, the risk of accidental loss and accidental deterioration shall only pass to the partner if the partner has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment with the execution and we have not previously named this person or institution to the partner. In all other cases, the risk shall be transferred to the partner at the latest upon dispatch of the delivery, even if partial deliveries are made. If the delivery is delayed due to circumstances for which the partner is responsible, the risk shall pass to the partner from the date of readiness for shipment.
Unless otherwise agreed in writing, we shall choose the means and route of transport.

1. If we can foresee that the goods cannot be delivered within the delivery period, we shall immediately inform the partner by telephone and/or in writing, inform him of the reasons for this and, if possible, indicate the expected delivery time.
2. Our delivery obligation is subject to the correct and timely self-delivery of primary material. However, this shall only apply if a congruent hedging transaction is concluded with our supplier and if we are not responsible for the non-delivery in any other way.
3. If delivery is delayed due to force majeure due to a circumstance listed in Section 4, Item 2 or Section 11, without our being responsible for this, or due to an action or omission on the part of the partner, the delivery period shall be extended by a reasonable period of time. The partner is only entitled to withdraw from the contract if we are responsible for non-compliance with the delivery date and he has fruitlessly set us a reasonable grace period.

1. We reserve the right of ownership of the delivered goods until all claims arising from the business relationship with the partner have been fulfilled.
2. The partner is entitled to sell these goods in the ordinary course of business, as long as he fulfils his obligations arising from the business relationship with us in a timely manner. However, he may neither pledge the reserved goods nor assign them as security. He is obliged to secure our rights in the credited resale of the reserved goods.
3. In the event of breaches of obligations by the partner, in particular in the event of default of payment, we are entitled to withdraw from the contract after the unsuccessful expiry of a grace period set by us; the statutory provisions on the dispensability of setting a deadline and other claims on our part shall remain unaffected. We are entitled to withdraw from the contract if an application is made for the opening of insolvency proceedings over the partner’s assets.
4. The partner hereby assigns to us all claims and rights arising from the sale or, if applicable, the rental of goods to which we are entitled to property rights, as security. We hereby accept the assignment.
5. The partner shall always carry out any processing of the reserved goods for us. If the reserved goods are processed or inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the invoice value of the reserved goods to the other processed or mixed objects at the time of processing or mixing. If our goods are combined or inseparably mixed with other movable objects to form a single item and if the item is to be regarded as the main item, the partner shall transfer proportionate co-ownership to us, insofar as the main item belongs to him, and shall keep the property or co-ownership for us. Incidentally, the same applies both to the item created by processing or combination or mixing and to the reserved goods.
6. The partner must inform us immediately of any enforcement measures taken by third parties in respect of the goods subject to retention of title, in respect of the claims assigned to us or in respect of other securities by handing over the documents necessary for an intervention. This also applies to impairments of any other kind.
7. If the value of the existing securities exceeds the secured claims by more than 20 percent in total, we are obliged to release securities of our choice at the request of the partner to this extent.

In the case of material defects, a distinction must be made between a purchase of consumer goods and other purchase contracts. A purchase of consumer goods exists when a consumer purchases a consumer good from Karlowsky Fashion GmbH.

a) In the case of the purchase of consumer goods, the statutory warranty right of §§ 437 ff BGB shall apply.

b) In all other cases deviating from § 9 a, in which there is no purchase of consumer goods, the following applies:

1. The decisive factor for the contractual condition of the goods is the time of the transfer of risk in accordance with § 5.
2. For our deliveries, we comply with the applicable legal regulations of the European Union and the Federal Republic of Germany. We shall inform the partner immediately about relevant changes to the goods, their delivery capacity, their possibility of use or their quality and coordinate appropriate measures with the partner in individual cases.
3. We are not responsible for material defects caused by unsuitable or improper use, incorrect installation or commissioning by the partner or third parties, usual wear and tear, incorrect or negligent handling, as well as for the consequences of improper changes or repair work carried out by the partner or by third parties without our consent. The same applies to defects which only insignificantly reduce the value or suitability of the goods.
4. The partner must immediately carry out a goods receipt inspection and immediately notify us in writing of any defects found or any incorrect type and quantity of the delivery, but at the latest within three days after receipt of the goods. The partner must notify us in writing of hidden defects immediately after discovery of the defect.
5. We are to be given the opportunity to check the claimed defect. Rejected goods must be returned to us immediately on request, and in the manner to be agreed with us; we shall bear the transport costs if the complaint is justified. If the partner does not comply with these obligations or makes changes to the goods already complained of without our consent, he shall lose any claims for material defects.
6. In the case of a justified, timely notification of defects, we will, at our discretion, repair the rejected goods or deliver a flawless replacement. The place of performance for supplementary performance is the original place of delivery. It is also possible for us to carry out refunds in the event of justified timely defects. If there are no condition agreements for the payment processing of refunds, they shall be offset against open claims. An immediate return transfer is possible on request of the partner, provided that he provides his bank details to Karlowsky Fashion GmbH.
7. If we fail to comply with these obligations or fail to comply with them in accordance with the contract within a period of three weeks, the partner may set us a grace period in writing. After the fruitless expiry of this period, the partner may demand a reduction in the price, withdraw from the contract or have the necessary rectification carried out by himself or by a third party at our expense and risk. If the rectification has been successfully carried out by the partner or by a third party at our expense and risk, all claims of the partner shall be settled with reimbursement of the necessary costs incurred by him. A reimbursement of costs is excluded if the expenses increase because the goods have been taken to another place after our delivery, unless this corresponds to the intended use of the goods.
8. The partner’s statutory rights of recourse against us exist only to the extent that the partner has not concluded any agreements with his customer which go beyond the statutory claims for defects.
9. We expressly point out that the product images are very close to the original, but for photographic reasons slight deviations in colour, dimensions and format as well as in material and surface quality are possible and unavoidable. Colour deviations from images in advertising brochures, catalogues, advertisements and other print media as well as on the Internet to canvas prints are due to technical reasons. Such deviations do not provide any entitlement to a notification of defects.
10. The details of the return processing can be found on the website at www.karlowsky.de/retourenabwicklung.

1. Unless otherwise stated below, the partner’s claims for damages and reimbursement of expenses against us are excluded. This applies in particular to claims for damages due to violation of obligations arising from the contractual relationship and from tort. We are therefore not liable, for example, for damage which has not occurred to the delivered goods themselves. Above all, we are not liable for lost profits or other financial losses.
2. The above limitations of liability do not apply: in the case of intent or gross negligence on our part; in the case of culpable violation of essential contractual obligations; however, in the case of culpable violation of essential contractual obligations, we are liable – except in cases of intent or gross negligence on our part – only for damage which is typical of the contract and reasonably foreseeable; in cases where, according to the Product Liability Act, liability is assumed for personal injury or property damage to privately used objects in the event of defects in the delivered goods, as well as in the event of injury to life, body and health, and in the absence of guaranteed characteristics, if and to the extent that the purpose of the guarantee was specifically to protect the partner against damage which did not occur to the delivered goods themselves.
3. Insofar as our liability is excluded or limited, this also applies to the personal liability of our staff, employees, co-workers, legal representatives and vicarious agents.
4. The legal regulations on the burden of proof remain unaffected.
5. The partner bears the risk of the usability of the designs obtained by us for the respective purpose pursued by him, unless otherwise agreed with us in writing. When using designs, we do not guarantee that their use will not infringe the rights of third parties.
6. If the partner declares his withdrawal from the contract for reasons for which he is responsible, he must pay compensation in the amount of 15% of the net contract price. He reserves the right to prove lesser damage.

1. Each contractual partner shall use all documents (including samples and data) and knowledge received from the business relationship only for the jointly pursued purposes and keep them secret from third parties with the same care as his own documents and knowledge, if the other contractual partner designates them as confidential or has an obvious interest in their remaining secret.
2. This obligation begins from the first receipt of the documents or knowledge and ends 36 months after the end of the business relationship.
3. This obligation does not apply to documents and knowledge which are generally known or which were already known to the contractual partner upon receipt without the contractual partner being obliged to maintain confidentiality, or which are subsequently transmitted by a third party authorised to pass them on, or which are developed by the receiving contractual partner without using documents or knowledge of the other contractual partner which are to be kept secret.

We expressly point out that, except in the cases of the legitimate exercise of the withdrawal and justified complaints of material defects, there is no obligation to take back articles. If the conditions described in § 2 and § 9 are not met, the decision as to whether the withdrawal is possible, e.g. for reasons of goodwill, rests solely with us. In these cases, however, we reserve the right to allow only a step-by-step return against reimbursement of a lump sum of up to 15% of the value of the goods and the costs incurred for initial shipment and return.

1. All logos, photographs, sketches and other illustrations in brochures, catalogues and on the website are the intellectual property of the company Karlowsky Fashion GmbH and are protected by trademark and/or copyright law. Any use of them without the consent of Karlowsky Fashion GmbH, in particular the unauthorised downloading of illustrations, is prohibited and will be prosecuted under civil or criminal law.
2. In all data processing operations (e.g. collection, processing and transmission), we treat all personal data confidentially in accordance with the applicable data protection regulations and in accordance with the legal regulations. Your data which are necessary for the business transaction will be stored and passed on to the necessary extent to service providers commissioned by us for the order processing.

Force majeure, industrial disputes, riots, official measures, non-delivery by our suppliers and other unforeseeable, unavoidable and serious events release the contractual partners from their performance obligations for the duration of the disruption and to the extent of its effect.
This also applies if these events occur at a time when the affected contractual partner is in default, unless he caused the delay intentionally or through gross negligence. The contractual partners are obliged to provide the necessary information immediately within the framework of what is reasonable and to adapt their obligations to the changed circumstances in good faith.

1. Unless otherwise stated in the order confirmation, our place of business is the place of performance for all our obligations.
2. Our place of business is the place of jurisdiction for legal disputes in commercial transactions, including in the context of a bill of exchange and cheque process. We are also entitled to sue at the partner’s registered office.
3. The law of the Federal Republic of Germany shall apply exclusively to the contractual relationship.
4. Should individual provisions of these General Terms and Conditions be or become invalid, their validity shall otherwise remain unaffected.