General Terms and Conditions

§ 1 GENERAL

(1) Your contractual partner for all orders within the scope of this online offer is PAXBE GmbH, represented by the Managing Director Patrik Axel Berger (CEO), Industriestrasse 1, 63594 Hasselroth, Germany, e-mail: info@paxbe.de, telephone: +49 6055 7092863, hereinafter referred to as “PAXBE”. All deliveries by PAXBE to the Customer are made based on the following General Terms and Conditions of Business and Delivery. These form the basis of all offers and agreements between PAXBE and the Customer and are deemed accepted for the duration of the entire business relationship. Conflicting or deviating terms and conditions of the Customer are only binding if PAXBE has expressly acknowledged them in writing.

§ 2 RESPONSIBILITY FOR ONLINE OFFER

(1) Through the PAXBE platform, a shop is provided that is designed and operated by PAXBE itself (www.abschluss-pullover.de & www.akhoodies.de).

(2) PAXBE is responsible for the items and designs offered in the “PAXBE Shop” as well as for the overall design and operation of the shop.

§ 3 CONCLUSION OF CONTRACT

(1) The ordering process is currently available in the following language(s): German.

(2) The “offers” contained on the website represent a non-binding invitation to the customer to place an order with PAXBE.

(3.1) By submitting the completed order form online, the customer makes a binding offer to conclude a purchase or work-supply contract. Before final submission, the customer has the opportunity on an overview page to check and, if necessary, correct the accuracy of their input.

(3.2) PAXBE also allows the customer to place an order in writing, e.g., via e-mail or WhatsApp. It is the customer’s responsibility to verify the completeness of their order before submitting it in writing and to correct it if necessary. By submitting the order in writing (e.g., by e-mail or WhatsApp), the customer makes a binding offer to conclude a purchase or work-supply contract.

(3.3) PAXBE will then send the customer an order confirmation by e-mail and will review the offer for legal and factual feasibility, particularly regarding any potential infringement of third-party rights. The order confirmation does not constitute acceptance of the offer by PAXBE but only informs the customer that their order has been received by PAXBE. The contract is only concluded when PAXBE sends the invoice to the customer by e-mail. We store the contract text and send you the order details along with these General Terms and Conditions by e-mail. The Terms and Conditions can be viewed at any time under www.abschluss-pullover.de/agb.

(3.4) Changes after order completion of a customer-specific item, such as quantity, number of units, or characteristics (e.g., cut, color, size), must be made in writing and require the approval and confirmation of PAXBE.

(4) In connection with § 2, as the platform operator, PAXBE cannot check all customer-designed print motifs in advance for possible legal violations. PAXBE reserves the right to reject orders received within the legal acceptance period if it becomes known during the ordering process or if there is suspicion that a print motif violates third-party rights or legal regulations.

(5) The contract conclusion is subject to the condition of timely and complete self-delivery. This reservation does not apply in the case of short-term delivery disruptions or if PAXBE is responsible for non-delivery, especially if PAXBE fails to procure a congruent covering transaction in time. The customer will be informed about the unavailability of the service.

§ 4 DELIVERY / SHIPPING

(1) Shipping generally takes place within approximately one to four weeks after print approval by the customer. If certain goods cannot be shipped due to unforeseeable events, PAXBE will inform the customer as soon as delivery problems become known and offer suitable alternatives. Other delivery dates and deadlines are only binding if expressly confirmed in writing by PAXBE. Delays caused by the customer are expressly excluded. Financial compensation for delivery delays by PAXBE is excluded. Should we fail to meet an agreed delivery date, the buyer must set a reasonable grace period for us, which must not be less than two weeks.

(2) Delivery is made within Germany, Austria, and Switzerland.

(3) Delivery is carried out by a shipping service provider selected by PAXBE. The customer bears a flat-rate shipping fee, which may depend on the order value and the delivery destination.

(4) If a package is returned to PAXBE due to reasons attributable to the customer, such as undeliverability, recipient moved, refusal of acceptance, or similar, a fee of €30.00 will be charged for reprocessing and reshipping the order, as well as for penalty postage. This amount must be paid by the customer to PAXBE within 7 days.

(5) In case of a potential package loss by the shipping provider, PAXBE is obliged to file an investigation request upon notification by the customer. During the waiting period of 1-4 weeks from the request until the shipping provider's decision, the customer cannot set a deadline, as PAXBE must await the shipping provider’s decision before a new production can be initiated. In case of confirmed loss, PAXBE is entitled and obligated to reproduce the item. There is no entitlement to a refund.

§ 5 PRICES

(1) For customers from EU countries, the prices stated are final prices. They include applicable statutory taxes, in particular VAT. Shipping costs are charged separately and shown separately on the invoice. The delivery address is decisive.

(2) For customers outside the EU, all prices stated are net prices. The delivery address is decisive. If VAT is payable according to the legal provisions in the recipient country, it must be paid upon receipt of the goods. Additionally, import duties may apply, which the customer must pay upon receipt.

(3) The customer bears shipping costs, which may depend on the order value and the delivery destination.

(4) Purchase price and shipping costs are due immediately without deduction, unless PAXBE explicitly specifies a different payment method.

§ 6 PAYMENT

(1) Payment can be made by the customer via PayPal, prepayment, or other payment methods. PAXBE reserves the right to restrict the available payment options depending on the order value, shipping region, or other objective criteria.

(2) PAXBE is entitled to use trusted third-party services for processing payments: a) In the event of customer default, PAXBE may assign its claims to a collection agency and transfer the necessary personal data to this third party. b) When third parties are involved in payment processing, the payment is only considered made to PAXBE when the amount is fully received and controlled by the third party in accordance with the contract.

(3) The customer agrees to receive invoices exclusively in electronic form. Invoices will be provided as PDFs via email.

(4) Payment reminders are sent exclusively via email. After the third reminder, a formal dunning letter will be sent by postal mail. For postal dunning letters, PAXBE is entitled to charge a fee of €30.00 per reminder.

§ 7 RETENTION OF TITLE

(1) The goods remain the property of PAXBE until all claims owed by the customer to PAXBE have been settled. If the customer is a merchant within the meaning of the German Commercial Code (HGB), PAXBE retains ownership of all delivered items until all payments arising from the business relationship have been received.

(2) The customer is obliged to handle the goods with care until ownership is transferred.

§ 8 WARRANTY

(1) Information such as descriptions, images, drawings, graphic representations, technical data, weight, dimension, and performance descriptions contained in brochures, catalogs, online shops, configurators ("own design"), circulars, advertisements, or price lists are purely informative. PAXBE assumes no liability for the accuracy of such information. Only the details stated in the order confirmation are decisive regarding the nature and scope of the delivery.

(2) The statutory warranty rights apply to the products offered by PAXBE.

(3) For returns due to defects, PAXBE will provide a return label. PAXBE does not cover costs for packages returned without freight paid.

(4) Data communication over the Internet cannot be guaranteed to be error-free or continuously available under the current state of technology. Therefore, PAXBE is not liable for the permanent and uninterrupted availability of the online offer.

(5) Warranty claims require that, if the customer is a merchant, they have fulfilled their examination and notification obligations according to § 377 HGB.

(6) The limitation period for warranty claims for delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.

(7) Complaints must be reported within 7 days. In the event of a complaint, the goods must be returned immediately. Complaints made after this period will not be accepted. Warranty also expires if the goods have been used (e.g., worn or washed).

(8) PAXBE reserves the right to substitute a textile color with a similar alternative if the specific requested color is not available.

(9) Textiles supplied as sample sets may differ in color, size, and other respects from the products offered for sale.

(10) In case of complaint or defect notification and if PAXBE offers rework, the customer is obligated to return the goods to PAXBE within 7 days unless otherwise agreed and confirmed in writing by PAXBE.

§ 9 LIMITATION OF LIABILITY

(1) Unless otherwise specified in these General Terms and Conditions of Sale and Delivery, PAXBE's liability is governed by statutory provisions. PAXBE is only liable without limitation for damages caused intentionally or by gross negligence. Furthermore, PAXBE is liable without limitation for damages resulting from injury to life, body, or health caused by simple negligence. In cases of simple negligence involving the breach of a material contractual obligation (cardinal obligation), PAXBE’s liability is limited to compensation for foreseeable, typical damages. Liability under the Product Liability Act remains unaffected by the above provisions.

(2) Any exclusion or limitation of liability under these General Terms and Conditions also applies to the personal liability of PAXBE’s employees, workers, staff, representatives, and vicarious agents.

§ 10 INFORMATION ON THE RIGHT OF WITHDRAWAL FOR CONSUMERS

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 you or a third party designated by you, who is not the carrier, takes possession of the last item.

To exercise your right of withdrawal, you must inform us (PAXBE GmbH, Industriestraße 1, 63594 Hasselroth, Germany, info@paxbe.de) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached sample withdrawal form, but it is not obligatory.

Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs arising from choosing a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day we receive your withdrawal notice. We will use the same payment method you used in the original transaction unless expressly agreed otherwise. No fees will be charged for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have provided evidence of their return, whichever is earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day you notify us of your withdrawal. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods, which are estimated to amount to a maximum of approximately €10. You are only liable for any diminished value of the goods if this loss in value results from handling the goods beyond what is necessary to check their condition, properties, and functioning.

Sample Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

PAXBE GmbH, Industriestraße 1, 63594 Hasselroth, Germany (info@paxbe.de, +49 6055 7092863)
Hereby I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / 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

(*) Delete as appropriate.

Exceptions to the Right of Withdrawal

There is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Since all products in this online shop are custom-made, no right of withdrawal exists according to § 312d paragraph 4 no. 1 BGB. In cases of incorrect deliveries or production errors clearly attributable to PAXBE, PAXBE will exchange, rework, or repair such defective goods accordingly. There is no right of withdrawal due to defects.

§ 11 COPYRIGHTS ON PRINT DESIGNS, INDEMNIFICATION

(1) If the customer submits their own design or otherwise influences the product (e.g., text personalization), the customer guarantees that text and design do not infringe on third-party rights. Any copyright, personality, data protection, or name rights violations are fully borne by the customer. The customer also guarantees that no other third-party rights are violated by customizing the product.

(2) The customer shall indemnify PAXBE against all claims and demands arising from such third-party rights violations, provided the customer is responsible for the breach. The customer shall reimburse all defense costs and other damages incurred by PAXBE.

(3) By placing an order with PAXBE for printing textiles, the customer agrees that PAXBE is entitled to photograph the finished print results, including printed textiles, and use these images for advertising purposes on the internet and social media. This consent includes, without limitation, publication, reproduction, and use of the images on websites, social networks, online advertising campaigns, electronic newsletters, and other online media.

The customer confirms that no third-party rights, including copyrights and data protection rights, exist regarding the submitted designs and that the customer holds all necessary rights to permit such publication. The customer guarantees that PAXBE’s use of the designs will not violate data protection or copyright laws.

PAXBE commits to exercising due care when using these images and not to publish content considered offensive, illegal, or harmful.

§ 12 BRANDING & TECHNICAL / DESIGN VARIATIONS

We expressly reserve the right to deviate from descriptions, print previews, product previews (Configurator “Own Design”), and details in brochures, catalogs, and other written or electronic documents regarding fabric quality, color, weight, dimensions, design, print placement, print size, print color, or similar characteristics during contract fulfillment. Acceptable reasons for changes include customary commercial fluctuations and technical production processes.

Print placement and color may differ from the digital preview because they depend on print size, product size, print type, or similar factors, and every product represents a unique custom-made item. PAXBE products may feature a small logo on the neck area or sleeve to indicate the brand's authenticity on the textile.

§ 13 DATA PROTECTION

PAXBE processes the customer’s personal data solely for the purpose of fulfilling the contract and in compliance with statutory provisions. Existing customer accounts consent to PAXBE contacting them unsolicited via various communication channels about current promotions or discount codes. Personal data provided for the purpose of ordering goods (such as name, email address, delivery address, payment information) is used by PAXBE exclusively for contract fulfillment and processing. This data is treated confidentially and is not disclosed to third parties not involved in order processing, delivery, or payment.

The customer has the right, upon request and free of charge, to receive information about the personal data stored by PAXBE. Additionally, the customer has the right to correct inaccurate data, to block, or to delete personal data, unless statutory retention obligations prevent deletion.

§ 14 DISPUTE RESOLUTION

The European Commission provides an online platform for dispute resolution (OS platform), which customers can access here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 PLACE OF JURISDICTION – PLACE OF PERFORMANCE – APPLICABLE LAW

(1) The place of performance for all deliveries is the business premises of PAXBE in Hasselroth.

(2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction is Hanau. In such cases, PAXBE is also entitled to sue the customer at their general place of jurisdiction. This also applies if the customer does not have a general place of jurisdiction within Germany, relocates their residence or habitual abode abroad after contract conclusion, or if their residence or habitual abode is unknown at the time of filing a lawsuit.

(3) The contract governed by these General Terms and Conditions is subject exclusively to the law of the Federal Republic of Germany. The applicability of the UN Sales Convention (CISG) is excluded. If the customer is a consumer as defined by § 13 BGB and has their habitual residence abroad, mandatory provisions of the customer’s country of residence remain unaffected.

(4) Should individual provisions of these General Terms and Conditions be invalid or conflict with statutory regulations, the validity of the remaining provisions remains unaffected.

§ 16 CANCELLATION

There is no right of cancellation for custom-made products. In the event of a cancellation as a gesture of goodwill before production or printing begins, at least 25% of the total invoice amount will be charged as cancellation fees to cover costs already incurred. PAXBE must expressly and in writing agree to the cancellation. After production has begun, cancellation is excluded.

§ 17 FITTING SAMPLE PACKAGE

Upon request, PAXBE provides the customer or potential buyer with a free fitting sample package containing various textiles, informational material, color charts, and similar items. If a free sample package is ordered, it must be returned intact within 30 days of receipt. The customer bears the return shipping costs. Upon ordering, the return shipping costs will be reimbursed via a voucher included in the package, which deducts these costs upon order placement. A subsequent refund of return shipping costs after ordering is not possible if the voucher is not applied.

If the returned package is incomplete or damaged, costs incurred will be charged to the customer. The value of the package is based on the current price list plus €20 for packaging, shipping, promotional materials, color charts, and extras. Fraudulent or prank orders will be fully charged and pursued under civil law. Failure to return the sample package will also result in full charges to the customer. If the customer refuses acceptance or the package is returned to PAXBE postage due, the customer bears the costs. Delays in return up to 30 days after receipt are tolerated by PAXBE. Delays exceeding 30 days (up to a total of 60 days after receipt) must be reported to PAXBE immediately upon becoming known. PAXBE reserves the right to reject returns delayed by more than 30 days after receipt.

§ 18 Proof Approval (Druckvorschau)

If PAXBE provides the customer with a print proof, the customer is obliged to review the proof, communicate any correction requests, or approve the proof for production. Should the customer fail to approve or confirm the proof, PAXBE is entitled to set a reasonable deadline for approval or confirmation, which shall be no less than 48 hours. After expiry of this deadline, PAXBE is entitled to proceed with production without the customer’s explicit approval or to consider the lack of response as implicit consent to the proof.

§ 19 Cash-Back Promotion Terms and Conditions

The following terms apply to the Cash-Back promotion: The Cash-Back is valid only if the customer, after receiving their goods, promotes a parallel class ordering at least 10 textiles on www.abschluss-pullover.de. The determining factor is that the delivery date of the customer’s order precedes the order date of the promoted parallel class. The Cash-Back applies to orders with a delivery date from March 25, 2023, onwards. The Cash-Back can be claimed once per order and will be refunded via the original payment method. Eligibility for the Cash-Back requires verification of the participation conditions and written approval by PAXBE.

§ 20 Free Goodies (Gratis-Artikel)

All free items are included only within a single order and while stocks last. Free teacher T-shirts and/or free teacher pullovers are limited to one per order. Ordering multiple free T-shirts or pullovers within one order is not permitted unless explicitly agreed with PAXBE before the order. There is no subsequent entitlement to free items after the order is placed. PAXBE is not obligated to supply free items later due to restocking, unless expressly agreed otherwise. PAXBE reserves the right to remove or withhold free items from an order if they violate these conditions or were added due to system errors.

AGB Version: 02/2025