Terms of service

Terms and Conditions of Business

 §1

As a fundamental principle, the standard conditions of the German textile industry, as amended from time to time, shall apply. In addition, the following terms and conditions of business of the Seller are agreed:

 

§2 – Order confirmation –

On the part of the Seller, all orders shall be deemed confirmed from the moment when the Buyer receives a written order confirmation issued from the Seller's enterprise resource planning system and the Buyer has made a down payment amounting to 30% of the order total into an account belonging to the Seller. The day on which the payment is received into the account is deemed to be the day of receipt.

All subsidiary agreements made require the consent of company management.

 

§3 – Payment –

The purchase price is due for payment 30 days after the invoice date without deduction. The due date will be determined on the invoice as a calendar date pursuant to Section 286 Para. 2 No. 1 of the German Civil Code (BGB).

Interest amounting to 8% above the basic rate of interest p.a. will be calculated on due receivables and on compensation claims of the Seller unless evidence of higher bank interest is submitted. After the due date of the claim for the purchase price or compensation, legal costs and collection fees will be charged to the Buyer.

 

§4 – Delivery –

As a fundamental principle, the Seller is entitled to make unsorted partial deliveries. Shipment is made at the cost and risk of the Buyer. The latter must check the goods on handover. The agreed delivery time ex works means the end shipment date for the Seller from the production plant.

 

§5 – Complaints –

As the goods are natural products, minor differences in size and small deviations in colour, which can occur in individual cases, do not constitute grounds for complaint. No compensation will be granted for these goods.

 

§6 – Deviations in production –

Differences in colours and sizes of up to 10%, minor production faults in the processing, and deviations from the sample do not constitute any defect claims.

The Buyer shall not be entitled to claim compensation in the event of non-delivery due to production or unforeseen reasons, e.g. defect or non-availability in the purchase of materials, delay in the finishing of materials or processing of the same by commissioned subcontractors, problems with customs handling or during transportation of the goods.

 

§7 – Retention of title –

The Seller supplies the goods under expanded and extended retention of title. All goods remain the property of the Seller until the full settlement of all claims, including liability for the balance. If the financial circumstances of the Buyer fundamentally deteriorate, the Seller is entitled to take back the goods delivered under retention of title immediately if he was not yet aware of the occurrence of the deterioration on delivery. The return of the goods held under retention of title does not constitute a withdrawal from the purchase contract. Instead, the Seller must now ask the Buyer to buy the returned goods held under retention of title again within an appropriate period of time and, in light of the existing arrears in payment and the occurrence of the deterioration in the financial circumstances, with payment in advance.  Once this deadline has expired to no avail, the Seller is entitled to the rights arising from Section 281 of the German Civil Code (BGB) and from Section 3 of the aforementioned Terms and Conditions of Business.

A fundamental deterioration in the financial circumstances is also given if a notification from the Allgemeine Kreditversicherung regarding the restriction of the guarantee assumed has been received.

 

§8 – Consignments for selection and approval –

Unless the goods are returned within 14 days of their receipt, consignments for selection and approval are deemed to have been bought and will be firmly calculated. With consignments for selection and approval, the customer also pays for the shipment costs for the outward and any return journey, in addition to the risk of shipment and storage. Sealed units may not be opened without permission or parts thereof removed. Goods in return for billing after resale (goods on sale or return) will not be dispensed or delivered.

 

§9 – Custom-made products –

Custom-made items that are produced at the customer's request and deviate from the usual items of clothing are deemed to have been firmly bought. There is no obligation on the part of the Seller to exchange or take back these items.

 

§10 – Imitation –

By buying a fur piece, the Buyer only acquires the right himself to use the cut, or parts of the cut, if the cut is delivered or the Seller gives permission to rework or imitate it. Any forwarding of the model or the cut for use by another manufacturer or for the purpose of imitation or reworking is prohibited.

 

 §11 – Place of jurisdiction –

The place of fulfilment and jurisdiction for both parties is Frankfurt am Main.

 

Status: 01.10.2012