General Terms and Conditions
This English version is for information only. In case of any discrepancy, the German version prevails.
Section 1 Scope and Definitions
(1) These General Terms and Conditions (GTC) apply to all contracts for the supply of goods between CoTexx GmbH, Johannesstr. 27, 86565 Gachenbach, Germany ("CoTexx"), and its customers. This applies to all CoTexx products, including products of the STEFLY brand. The GTC apply regardless of whether the order is placed through one of the CoTexx online shops (cotexx.de, stefly.aero) or on the basis of an individual quotation from CoTexx, for example by email.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code, BGB). A business customer is any natural or legal person or partnership with legal capacity that, when entering into the legal transaction, acts in the exercise of its trade, business or profession (Section 14 BGB). Provisions for business customers also apply to legal entities under public law and special funds under public law.
(3) In relation to business customers, these GTC apply exclusively. Deviating, conflicting or supplementary terms of the customer, in particular terms of purchase, only become part of the contract if CoTexx has expressly agreed to their validity in text form. This also applies if CoTexx delivers without reservation in the knowledge of such terms.
(4) In relation to business customers, these GTC in their current version also apply to future contracts of the same kind, without CoTexx having to refer to them again.
(5) Individual agreements, for example in a quotation or an order confirmation, take precedence over these GTC.
Section 2 Contracting Party and Conclusion of Contract
(1) The contracting party is CoTexx GmbH, Johannesstr. 27, 86565 Gachenbach, Germany.
(2) Online shop: The presentation of orderable products in the online shop constitutes a binding offer to conclude a contract for these products. The customer can initially place products in the shopping cart without obligation and correct their entries at any time before submitting the order, for example with the browser's back function. The contract is concluded when the customer accepts the offer for the goods in the shopping cart by clicking the order button. Immediately afterwards, the customer receives a confirmation by email. The customer ensures that their email address is correct and that emails from CoTexx are not blocked by a spam filter.
(3) Individual quotations: Quotations from CoTexx outside the online shop are non-binding unless they are expressly designated as binding or contain a period for acceptance. In the case of a non-binding quotation, the contract is concluded when CoTexx confirms the customer's order in text form (order confirmation) or delivers the goods. If a quotation contains a period for acceptance, the contract is concluded upon timely acceptance by the customer.
(4) The content and scope of the delivery are determined by the order confirmation or the accepted quotation.
Section 3 Contract Language and Storage of the Contract Text
(1) The contract language is German. An English version of these GTC is for information only; in case of discrepancies, the German version prevails.
(2) The customer can print or electronically save the contract data before submitting the order. The customer receives the order data with the confirmation email. CoTexx does not store the contract text in a way that makes it accessible to the customer after conclusion of the contract. These GTC are available at any time at cotexx.de/agb.
Section 4 Prices and Payment
(1) Online shop: The prices shown are total prices including statutory VAT. Shipping costs are shown separately during the ordering process.
(2) Individual quotations: Prices are net prices in euros plus statutory VAT, where applicable. Unless otherwise agreed, they apply FCA Gachenbach (Incoterms 2020) including standard packaging.
(3) The following payment methods are available in the online shop:
- Advance payment by bank transfer: The customer receives the bank details in a separate email. The goods are shipped after receipt of payment.
- PayPal: Payment is processed via PayPal; the terms of PayPal also apply.
- Credit card: Payment is processed via an external payment service provider shown during checkout. The card is usually charged when the order is placed.
(4) For individual quotations, the invoice amount is due without deduction within 30 days of the invoice date, unless otherwise agreed. A cash discount is only granted if it is stated in the quotation or order confirmation. For first orders, deliveries abroad or justified doubts about the customer's ability to pay, CoTexx may require advance payment.
(5) If a business customer is in default of payment, it owes default interest of 9 percentage points above the base interest rate and a lump sum of EUR 40 (Section 288 (2) and (5) BGB). The right to claim further damages is reserved.
(6) A business customer may only set off claims that are undisputed or have been finally determined by a court. This does not apply to counterclaims arising from the same contractual relationship, in particular due to defects. A business customer may only exercise a right of retention on the basis of the same contractual relationship.
Section 5 Delivery, Delivery Times and Transfer of Risk
(1) Orders placed through the online shop are shipped only; collection is not possible. Delivery areas and shipping costs are shown on the "Shipping" page. For individual quotations, the delivery term agreed there (Incoterms 2020) applies, otherwise FCA Gachenbach.
(2) Delivery times are approximate unless they have been expressly agreed as binding. The delivery period begins upon conclusion of the contract, or upon receipt of payment in the case of advance payment. In relation to business customers, it also does not begin before all technical questions have been clarified and the customer has provided any required documents and approvals.
(3) Partial deliveries are permitted insofar as they are reasonable for the customer.
(4) In relation to business customers, delivery is subject to correct and timely self-supply, provided that CoTexx has concluded a corresponding covering transaction and is not responsible for the non-delivery. CoTexx will inform the customer of the non-availability without delay and refund any consideration already paid.
(5) Force majeure and other events beyond the control of CoTexx extend delivery periods by the duration of the impediment plus a reasonable start-up period. These include, for example, natural disasters, pandemics, war, industrial action, official measures, export restrictions and shortages of energy or raw materials. If the impediment lasts longer than three months, either party may withdraw from the contract.
(6) In relation to business customers, the risk of accidental loss and accidental deterioration passes upon handover to the forwarder or carrier, or in accordance with the agreed Incoterms. In relation to consumers, the risk only passes upon handover of the goods to the consumer.
Section 6 Right of Withdrawal for Consumers
(1) Consumers have a statutory right of withdrawal in accordance with the cancellation policy on the CoTexx website. They can also declare their withdrawal using the "Withdraw from contract" function on the website.
(2) There is no right of withdrawal for goods manufactured according to customer specifications, for example knitted heating fabric in special widths or lengths (Section 312g (2) No. 1 BGB).
(3) Business customers are not granted a voluntary right of withdrawal.
Section 7 Retention of Title
(1) The goods remain the property of CoTexx until full payment has been made.
(2) In relation to business customers, CoTexx retains title to the goods until all claims arising from the ongoing business relationship have been settled.
(3) The business customer may resell the goods subject to retention of title in the ordinary course of business. It hereby assigns to CoTexx all claims arising from the resale in the amount of the CoTexx invoice (including VAT); CoTexx accepts the assignment. The business customer remains authorised to collect these claims as long as it meets its payment obligations.
(4) If the business customer processes the goods subject to retention of title or combines them with other items, for example by laminating them into a component, CoTexx acquires co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the other items. The provisions of this section apply accordingly to the new item.
(5) The business customer must inform CoTexx without delay if third parties access the goods subject to retention of title, for example by way of seizure.
(6) CoTexx will release securities upon request to the extent that their realisable value exceeds the claims to be secured by more than 10%. CoTexx selects the securities to be released.
Section 8 Transport Damage
Consumers are asked to report deliveries with obvious transport damage to the delivery agent and to inform CoTexx. If a consumer fails to do so, this has no effect on their statutory rights. For business customers, Section 9 (3) applies.
Section 9 Rights in Case of Defects
(1) The statutory rights in case of defects apply unless otherwise provided below. The rights of consumers remain unaffected.
(2) In relation to business customers, claims for defects in new goods become time-barred 12 months after the transfer of risk. This does not apply:
- to claims for damages, for which Section 10 applies,
- in cases of intent, fraudulent concealment or the assumption of a guarantee,
- to goods that have been used for a building in accordance with their customary use and have caused its defectiveness (Section 438 (1) No. 2 BGB),
- to recourse claims in the supply chain (Sections 445a, 445b BGB), and
- to claims under the German Product Liability Act.
(3) Merchants must inspect the goods without delay after delivery and notify defects without delay in text form (Section 377 German Commercial Code, HGB). Obvious defects and transport damage are deemed to have been notified in time if the notice is received within 7 working days of delivery; hidden defects within 7 working days of discovery.
(4) In relation to business customers, CoTexx chooses whether a defect is remedied by repair or by delivery of a defect-free item.
(5) Information in data sheets, price lists and on the website, for example on resistance values or temperature ranges, describes the goods. It only constitutes a guarantee if CoTexx expressly designates it as such. Application advice is given to the best of our knowledge; unless otherwise agreed, the customer itself checks the suitability of the goods for the specific purpose.
Section 10 Liability
(1) CoTexx is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, under a guarantee given and under the German Product Liability Act.
(2) In cases of slight negligence, CoTexx is only liable for the breach of material contractual obligations. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.
(3) Otherwise, the liability of CoTexx for damages is excluded.
(4) The limitations of liability also apply in favour of the employees, representatives and vicarious agents of CoTexx.
Section 11 Special Provisions for Avionics (STEFLY)
(1) Whether and under which conditions a STEFLY device, for example a navigation computer, variometer or strobe light, may be installed in an aircraft is governed by aviation regulations. CoTexx only owes an airworthiness approval or release certificate if this is expressly promised in the product description or quotation. Installation, release and registration are arranged by the customer or aircraft owner through appropriately authorised personnel.
(2) The devices are aids for navigation and flight information. They replace neither required instruments nor the pilot's duties regarding flight preparation, airspace observation and navigation.
(3) CoTexx does not provide navigation software or airspace, terrain or map data. If the customer installs third-party software or data on a device, the licence and usage terms of the respective third party apply exclusively; CoTexx assumes no warranty for such software and data.
(4) Insofar as the devices contain software (firmware) originating from CoTexx, the customer receives a simple, unlimited right to use it with the respective device and to pass it on together with the device. CoTexx provides consumers with the updates to this firmware that are necessary to maintain conformity with the contract and informs them about these updates (Section 475b BGB).
(5) There are no rights in case of defects insofar as a defect is due to the customer or a third party modifying the hardware or software, installing unapproved software, or installing or operating the device contrary to the installation and operating instructions.
Section 12 Export Control
(1) Performance of the contract is subject to the condition that there are no impediments arising from national or international foreign trade regulations, in particular embargoes and sanctions.
(2) When passing on the goods, the customer complies with the applicable export control and sanctions regulations of the EU, Germany and the USA.
(3) The customer shall not sell, export or re-export the goods, directly or indirectly, to Russia or Belarus or for use there (Article 12g of Regulation (EU) No 833/2014 and Article 8g of Regulation (EC) No 765/2006).
(4) Upon request, the customer provides an end-use statement and further information on the use of the goods.
(5) Delays caused by licensing procedures extend the delivery periods accordingly. If a required licence is refused, either party may withdraw from the contract.
(6) If the customer breaches paragraph 2 or 3, CoTexx may withdraw from the contract. Claims for damages remain unaffected.
Section 13 Dispute Resolution
CoTexx is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Section 14 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.
(2) The place of performance for all services in relation to business customers is Gachenbach, Germany.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is the registered office of CoTexx. CoTexx may also sue the customer at its general place of jurisdiction.
(4) Should individual provisions of these GTC be invalid, the remainder of the contract remains valid.
(5) Version of these GTC: November 2026