§ 1 Offer and contract formation
The purchase order signed by the client is considered a binding offer. Place of fulfilment of the goods and services listed in the order confirmation is Altersbach. There is no right of rescission for custom made clothes.
§ 2 Provided documents
Corsets & more reserves the right to property as well as copyright of all documents provided by corsets & more during the process of fabrication, e.g. samples.
Unless explicit written consent is given, the Customer has no right to forward documents provided by the Manufacturer to a third party.
§ 3 Prices and terms of payment
(1) Only payments made to the bank account mentioned in the invoice will be accepted. Withdrawal from an online bank account requires a written agreement.
(2) Unless agreed differently, every payment has to be made within 10 days of invoice reception. In case of late payment, the Customer will be charged default interest of 5% above the basic interest rate (refer to article 1). Any rights of corsets & more to request any additional damages shall remain unaffected. If corsets & more does request any additional damages, the Customer has the right to proof that lower or no damages have occurred.
§ 4 Set-off and retention
The Customer has the right to offset counterclaims only if these have been effectively established or accepted by corsets & more. In addition, Customer shall only be entitled to exercise Customer 's right of retention if Customer 's counterclaim is based on the same contractual relation.
§ 5 Delivery time
(1) Compliance with the agreed delivery time requires the timely receipt of all documents, necessary permissions and releases to be provided by the Customer, as well as the observance of the agreed terms of payment and other obligations by the Customer.
(2) In case of default of acceptance or of any other culpable breach by the Customer of his obligation to co-operate, corsets & more is entitled to claim damages including all necessary additional expenditures. Corsets & more reserves the right to assert further claims. If corsets & more requests any additional damages, the Customer has the right to proof that lower or no damages have occurred.
The risk of accidental loss or deterioration of the purchased goods shall be transferred to the Customer at such time as the Customer becomes in acceptance or payment default.
(3) Apart from the above, in the case of delay in delivery, corsets & more shall be liable in the form of a lump sum compensation for delay in the sum of 1 % of the value of the delivery for each full week of delay, but subject to maximum compensation of 10 % of the value of the delivery. This shall not apply in case of bad health condition of the Manufacturer.
(4) Further statutory claims and titles of the Customer shall remain reserved.
§ 6 Reservation of proprietary rights
(1) Corsets & more reserves all rights of ownership of the delivered goods until receipt of all payments arising from the business relationship with the Customer.
(2) In the case of seizure or other third party intervention, the customer must notify us without delay in writing so that we can take legal action in accordance with § 771 of the Code of Civil Procedure. Insofar as the third party is not in a position to reimburse us for court and out-of-court costs of legal action in accordance with § 771 of the Code of Civil Procedure, then the Customer shall be liable for the costs incurred by us in pursuing our claim.
§ 7 Liability for defects
(1) The Customer must give written notification of any possible defects without delay, at the latest, however, within four weeks of receipt of delivery.
(2) Insofar as there exists a not insubstantial deficiency in the purchase object, and if corsets & more is to blame for this deficiency and it has been complained about promptly, corsets & more is entitled to the remedy of the deficiency or a replacement delivery.
If corsets & more is not ready to remedy the deficiency/carry out a replacement delivery or if the remedying of the deficiency/carrying-out of a replacement delivery goes wrong, then the Customer can reduce the purchasing price or withdraw from the contract.
(3) The Customer shall only claim for compensation if corsets & more is not ready to remedy the deficiency/carry out a replacement delivery or if the remedying of the deficiency/carrying-out of a replacement delivery goes wrong. This shall not affect the Customer’s right to claim further damages under following conditions.
(4) The Manufacturer cannot be held responsible for damages caused by improper handling of the goods by the Customer.
§ 8 Final provisions
(1) German law shall govern the whole of the legal relationship. The provisions of UN purchasing law shall be excluded.
(2) Any invalidity of one or more of the provisions of this contract shall not affect the validity of the remaining provisions
§ 9 Place of jurisdiction
Place of jurisdiction is the district court of Meiningen.
Please note : This translation has been provided for informational purposes only and has no legal force and effect. The German version is the only official, complete and exclusive version.