Terms & Conditions (B2B)

1. Scope and B2B status

These Terms apply to contracts for customised or otherwise customer-specific goods and related services supplied by BUGO DUFT. Our offering is generally directed exclusively to entrepreneurs, companies and other business customers acting for purposes of their trade, business or profession. Customers may be asked to provide suitable business details.

2. Order of contractual documents

Individually agreed written terms, order confirmations and expressly agreed specifications take precedence over these Terms. Otherwise, the quotation, approved artwork/print data, order confirmation and these Terms form the contractual basis.

3. Quotations and contract formation

Website configurations, price calculations and quote requests are generally non-binding unless expressly identified as a binding offer. A contract is formed in particular when we issue an order confirmation, when an individually provided offer is accepted or – where the order flow provides for this – when payment or confirmed payment authorisation is completed. Obvious input, calculation or transmission errors may be corrected before acceptance.

4. Prices, taxes and payment

The total shown in the individual quotation or order confirmation is decisive. Prices are not derived from these Terms. VAT, shipping, import duties, customs charges or other ancillary costs are included only where the quotation or checkout expressly says so. Payment is due at the time and through the payment method stated there. Costs, chargebacks or fees resulting from a failed payment attributable to the customer may be passed on to the extent permitted by law.

5. Customer cooperation

The customer must provide complete, technically suitable and lawful content, logos, text, contact details, delivery information and other required information in good time. Delays or extra work caused by late, incomplete or incorrect customer information may move agreed schedules accordingly.

6. Artwork, design and approval

Where we create artwork or a print preview, it is provided for approval before production. The customer must carefully verify text, phone numbers, URLs, spelling, colours, dimensions, contours, front/back layout, fragrance selection and other visible content. By expressly approving the design, the customer confirms production on the basis of the approved version. Changes requested after approval are possible only where the production status allows and may result in extra cost or delay.

7. Rights in logos, images and customer content

The customer warrants that it has the rights required for the manufacture and contractual processing of all logos, trade marks, images, text, designs and other content it supplies and that such content does not infringe third-party rights. The customer grants us the non-exclusive rights required to perform the contract. We do not use customer designs for broader portfolio or advertising purposes without separate permission. Third-party claims arising from unlawful customer-supplied content remain the customer’s responsibility to the extent the customer is responsible for the infringement.

8. Custom manufacture and technical tolerances

For individually printed, cut, assembled or scented goods, minor production- or material-related differences may occur between screen display, proof and final goods. These may concern colour appearance, cut position, contour, dimensions, material texture, fibres, hole/string position, fragrance intensity or perception between batches. Customary or technically unavoidable deviations are not defects where the agreed quality and normal or expressly agreed use are not materially impaired. A specific fragrance duration is owed only if expressly guaranteed in writing; perception and duration depend on factors such as environment, temperature, airflow, storage and use.

9. Production start and timing

Production generally starts only after the agreed prerequisites have been completed, including artwork/print approval, required customer information and – where agreed – payment or payment clearance. The current regular production window is 10–12 business days and the current regular total period to delivery is approximately 15–17 business days. These are planning estimates, not fixed deadlines, unless a specific date is expressly confirmed as binding.

10. Shipping, international delivery and risk

Shipping method, destination and any included shipping/customs costs are governed by the quotation and order confirmation. Cross-border delivery can be delayed by customs clearance, authority checks, import formalities or external transport events. In B2B transactions, to the extent permitted by applicable law and unless otherwise agreed, transport risk passes to the customer when the goods are handed to the carrier. Claims against the carrier are not excluded by this clause.

11. Partial deliveries

Reasonable partial deliveries are permitted where they do not materially prejudice the customer and no expressly agreed single delivery prevents them. Extra costs are charged only where agreed or caused by the customer.

12. Retention of title

Goods remain our property until the relevant order has been paid in full, to the extent a retention-of-title arrangement can validly be agreed under the law applicable to the contract.

13. Inspection and defects

Business customers must inspect deliveries within a reasonable period after receipt for visible transport damage, quantity discrepancies and apparent defects, and should report issues with a clear description and suitable photos or documents. Rights in relation to latent defects remain subject to applicable law. Errors already contained in customer-approved files or expressly approved specifications are not production defects unless caused by us.

14. Remedies for justified defects

Where we are responsible for a defect, we provide an appropriate remedy in accordance with applicable law and the circumstances, normally by correction, replacement production or – where not possible or disproportionate – an appropriate reduction or refund. Destroying or returning substantial quantities without prior coordination can impede verification; mandatory statutory rights remain unaffected.

15. Liability

We do not limit liability for fraud, wilful misconduct or gross negligence, or where limitation is prohibited by law, including death/personal injury and mandatory product-liability rules. For ordinary negligence, and to the extent legally permitted, liability is limited to breach of essential contractual obligations and to losses that were typically foreseeable when the contract was made. Mandatory statutory claims remain unaffected.

16. Force majeure and events outside reasonable control

Events outside our reasonable control despite appropriate precautions – including natural events, government action, war, major transport disruption, strikes, energy/network outages or comparable events – extend affected deadlines for the duration of the disruption plus a reasonable restart period. If the disruption continues so long that performance becomes unreasonable, statutory or individually agreed termination rights apply to the affected part of the contract.

17. Confidential business information

Non-public quotations, pricing, production information and customer data that are clearly confidential are handled for the contractual purpose. Mandatory disclosures and necessary disclosures to service providers remain permitted.

18. Applicable law and jurisdiction

Applicable law and jurisdiction are determined first by any express individual agreement and otherwise by the relevant private-international-law and procedural rules. Any jurisdiction clause for merchants or comparable business customers applies only to the extent legally permitted. The UN Convention on Contracts for the International Sale of Goods applies only where expressly agreed or mandatorily applicable.

19. Final provisions

If a provision is invalid or unenforceable, the remaining provisions remain unaffected. The relevant statutory rule applies instead; no customer-adverse blue-pencil reduction is agreed. Contract amendments should be made in text form for evidential purposes unless a stricter form is required by law.