Our General Conditions for Textile Design Contracts
buntastic design studio Tanja Neßler, hereinafter referred to as Design Studio, is a textile design studio that produces ready-made print designs and markets its products to customers worldwide.
Clauses deviating from these general conditions, such as contrary general terms and conditions of the customer, become binding only by means of an explicit written confirmation from the Design Studio.
Ready-Made Print Designs
The Design Studio designs and markets ready-made textile designs for, among other things, clothing, accessories and home textiles, stationary, decorative items and the like, i.e. print patterns, frontprints for, for example, T-shirts and/or blouses, design motifs and patterns for flat knitting, placed embroidery and/or embroidery as a pattern.
Textile Purchasing Process
Once the customer has agreed to purchase a ready-made textile design, which can be done either by email or by signature in electronic or “wet ink” form, the purchase is deemed final. By doing so, he has made an “art request”.
The customer will receive the corresponding fabric sample swatch or paper printout from the Design Studio. A fabric sample swatch is a piece of fabric onto which the respective design is printed and/or embroidered and which may be decorated with possible ornaments, such as sequins. The dimensions and material depend on the respective design.
In the case of sales that are not concluded in person, the fabric sample swatch or paper printout will be sent to the address specified by the customer for this purpose.
Within 48 hours, the customer will receive a link from the Design Studio through which he can download the relevant file as high-resolution data in, at his option, PSD, TIFF, AI, EPS, editable PDF and/or large document format. This can take place via the Design Studio’s website system or via an online service provider such as WeTransfer.
Within 48 hours, the customer will also receive the invoice by email at the address he provided for this purpose.
The invoice must be paid within 30 days.
If payment is not received within this period, the customer will receive a written notice granting another 30-day period to make the payment. An additional fee of €2.50 is to be paid as a result. The notice can be sent by mail or email.
If payment is not received from the customer with the two (2) 30-day periods, the Design Studio has the right to withdraw from the sales contract with the customer.
In this case, the customer agrees to immediately return the relevant fabric sample swatch to the Design Studio at his own expense and to irretrievably delete all files and copies of the respective design. The customer must prepare and deliver, without delay, a corresponding written statement regarding the deletion of the data at the request of the Design Studio.
Rights of Use
Only after full payment for the design does the customer receive the sole, simple rights of use at his premises. This means, among other things, that he can recolour, alter and reproduce the design as and/or as often as desired without restrictions in terms of time and space.
In return, the Design Studio will not sell the design to any other customer. From this moment forward, it is considered “sold out”.
The customer may not transfer the design to third parties without the consent of the Design Studio. Therefore, if a licensee of the customer wishes to use the design itself, the customer agrees to inform the licensee that he has to buy the design again from the Design Studio.
The Design Studio retains the exclusive rights of use to the design, which means that the Design Studio can continue to use the design for its own marketing purposes.
The Design Studio affirms that the design does not infringe on the design rights and/or copyrights of other designers, photographers, illustrators or similar persons. As a general rule, all elements used within the design are created by the Design Studio itself, but there may be license-free elements in the design. These will be marked accordingly by the Design Studio. No further representation beyond this assurance can be given concerning the novelty or distinctive nature of the concepts underlying the design or the legal effectiveness or validity of the design’s proprietary rights.
Within a reasonable period of time prior to use – before it is forwarded to printing houses, regardless of whether it is for sample prints, pattern collections or the actual production – the customer is obliged to check the acquired design for its functionality and functional safety, feasibility and marketability. The choice of the material on which the design will be printed lies with the customer. The Design Studio assumes no liability for possible errors in production, errors in the pattern repeat and/or undesired results. The main focus of the services to be provided by the Design Studio is in the field of design.
The liability of the Design Studio for damages other than those resulting from injury to life, body or health is excluded if it is not based on an intentional or grossly negligent breach of duty of the Design Studio or of one of its legal representatives or agents.
The Design Studio assumes no liability for possible technical malfunctions with respect to the design download. The customer is obliged to have functioning and sufficient equipment to download designs of up to 1GB. If technical malfunctions occur on the Design Studio’s sites, the Design Studio commits to remedying them as quickly as possible. The Design Studio shall not be liable if, as a result of such issues, the customer is not able to download his design within 48 hours.
The Design Studio is not liable for the commercial success that is achievable or achieved with the design.
Place of jurisdiction and miscellaneous
The place of jurisdiction is the registered office of the Design Studio to the extent that the customer is a registered merchant, a legal person under public law or a special fund under public law or the customer does not have a domestic place of general jurisdiction. However, the Design Studio is also entitled to file a suit at the customer’s registered office.
Amendments and additions to this contract must be made in writing, for which an exchange of letters, fax or electronic transmission is sufficient.
The ineffectiveness of one or more of the preceding provisions of this contract does not affect the effectiveness of the remaining provisions.