General Terms and Conditions (GTC) of

Stepptex Ges.m.b.H., FN 655840x, Rhombergstraße 9 | A-6067 Absam

(As of 8/2025)

General information, General Data Protection Regulation (GDPR)

These “General Terms and Conditions” serve as the foundation for all our offers, services, purchases, and sales, unless otherwise agreed with us in writing. Austrian substantive law governs this contractual relationship. The UN Convention on Contracts for the International Sale of Goods does not apply. We handle your data confidentially in accordance with the GDPR. For details, see our website.

Offers, order acceptance, and deliveries

Our offers are non-binding, and the delivery times provided are based on our best estimates, reflecting our production capabilities but are not quaranteed. Orders will only be accepted in accordance with the terms and conditions laid out in our written order confirmation. For each quilting order, please specify the type of quilting in writing (via an accompanying note). Please note, goods entrusted to us for processing are not insured against any risks, including natural hazards. If a client’s economic situation changes during the term of a contract, we reserve the right to renegotiate terms during the performance phase and, if necessary, to stop any outstanding deliveries or withdraw from the contract.

Prices

Our stated euro prices for goods and services are net, excluding sales tax, excluding other discounts, in accordance with Incoterms 2020. If the cost factors affecting pricing change significantly in the period between the conclusion of the contract and the agreed date of delivery or service, we reserve the right to renegotiate the offer or order confirmation. If a mutual agreement cannot be reached, we may withdraw from the contract.

Invoicing and terms of payment

The invoice will be issued on the day of delivery or provision of the goods. The agreed term of payment will begin from this date. In the event of late payment, we will charge 8% interest on arrears. We are not obligated to make any further deliveries under any current contract until the outstanding invoice amounts due have been paid in full. The customer is only allowed to offset our claims against undisputed claims. If the customer fails to accept or pay on time, we may withdraw from the contract concerning any outstanding partial deliveries. In such case, we will have the right to dispose of the remaining goods elsewhere at the customer's expense.

Delivery quality

We offer our best advice regarding the suitability and workmanship of our products prior to delivery. However, we cannot assume any guarantee or legal liability for specific uses of the goods we deliver, unless expressly agreed otherwise on a case-by case basis. The content of our technical descriptions does not form part of the contract unless it is explicitly referenced by either the customer or us.

Dimension and weight tolerances

We reserve the right to exceed or fall short of the order quantity by 10% due to production-related factors. Such fluctuations do not constitute defects. This applies both to variations within a production batch and between different production batches of the same quality. Due to the high elasticity of our products, dimensional deviations of up to +/-3 % are considered to be accepted by the customer. The raw widths of goods to be quilted must be determined in consultation with us to ensure that the finished widths required by the customer can be achieved technically. If raw widths that are too small are delivered, we shall not be liable for any defects or damage resulting from this issue. In the event of justified complaints, replacements will be provided free of charge, provided that the goods have not already been processed. We are not obliged to provide replacements for items in which defective goods have been processed. Furthermore, any claims for damages or compensation for lost profits are expressly excluded.

Goods provision, delivery, and storage

We provide goods in standard packaging for domestic transactions under “EXW” (Incoterms 2020) and internationally “CPT.” If it has been agreed that we will organize shipping for EXW, it will always be done on behalf of the customer, at their expense and risk, using a fast, secure, and cost-effective transport service that is suitable for the location. The customer must arrange for value insurance separately. We will charge the customer for the transport costs only. Any losses or damage that occur transport must be reported by the customer directly to the carrier immediately upon receipt, using a statement of facts.

Goods that we notify as ready for shipment must collected by the customer as agreed. If no call-off is made, we reserve the rights to store the goods at the client's expense and risk, and we will charge them as EXW. If the client delays the collection of goods that are stored and ready for shipment, the risk will transfer to the customer upon their receipt of the notification of readiness for shipment.

Complaints and compensation

Delivered goods must be inspected immediately for defects. Any losses or damage during transport must be reported by the customer directly to the carrier immediately upon receipt, using a statement of facts. Defects that are not immediately apparent must be reported in writing within 14 days of discovery and, in any event within 30 days of receipt. Once the delivered goods have been cut to size or otherwise processed, any complaints regarding obvious defects are excluded.

Property rights

Our quilting patterns, dimensional drawings, and descriptions are our property and may not be disclosed without our prior written consent. When ordering items not listed in our catalog that are provided to us based on sketches or documents supplied by the customer, the customer is responsible for ensuring that the manufacture of these items does not infringe on any third-party property rights or patents. The customer agrees to indemnify and hold us harmless in such cases. If any third-party property rights are asserted, we shall not required to verify the validity of these claims. However, we resrve the right halt production of the items in question and will seek reimbursement for any costs incurred.. The customer will be fully liable for any direct or indirect damages we may incur because of such infringement or claims. We also reserve the right to request reasonable advance payment of any legal costs. We will be free to publish all delivery items or goods or samples from our production in any manner after the “season” has ended.

Product liability

Any recourse claims against us under product liability law, within the meaning of the as defined by the Product Liability Act (PHG) are excluded, unless the party entitled to recourse can prove that the fault was caused originated within our sphere of influence and was at least due to gross negligence.

Retention of title

All goods delivered remain our property until all claims have been settled, even if they have been processed. If the goods are combined or processed with items that do not owned by us, we will acquire co-ownership of the new item in proportion to the invoice value of our reserved goods relative to the total value. In the event of resale before full payment of the goods belonging to us or the new item manufactured from them, the customer must inform their own customers of our ownership.

Warranty and liability

We guarantee the quality of the material and their proper execution, acknowledging that there may be customary deviations in quality, color, width, weight, finish, or design, as well as minor, technically unavoidable waste. Our liability for defects and damage is excluded unless they are caused by intentional misconduct or or gross negligence. We are not liable for defects realted to the inherent nature of the base material if these defects were already present when the goods arrived at our factory. Additionally, we are not responsible for incorrect or incomplete information provided at the time of order or on accompanying documents. The assignment of warranty claims to third parties is not permitted. If warranty claims arise due to a defect, we reserve the right to choose between repair (which may include remedying the defect or providing any missing items), replacement of the item, appropriate reduction of the price, or cancellation of the contract. Instead of reducing the price, we may issue the client a credit equivalent to the reduction amount and withdraw from the contract. In case of slight negligence, our liability is limited exclusively to personal injury. In the event of gross negligence, our liability is limited to personal injury and property damage, excluding any financial loss or loss of profit. If a claim for damages arises, our liability is restricted to the amount of the agreed remuneration for the goods or services rendered. Rejected goods must be presented to us for inspecation. To the extent our liability is not excluded, we must first be given the opportunity to repair or replace the goods at our discretion. In the event of a replacement delivery or other necessity, the customer is required to provide us with the necessary raw materials at cost price, which we can use to manufacture or procure the items.

We always place purchase orders with suppliers in accordance with Incoterm 2020 “DAP, A-6067 Absam, Rhombergstraße 9.”

The place of performance and jurisdiction is Innsbruck, and the language of trade is German.

As of August 2025