§ 1 Scope
(1) As part of the bespoken corset tayloring by Sabine Zieseniss (contractor) the following General terms and conditions (GTC) shall apply to all supplies, services and offers at the time the order is placed. Side agreements will not be taken.
(2) The terms and conditions apply to the granting of the contract by the contracting authority as a recognized and therefore legally binding. Conflicting terms and conditions of commercial customers (clients) are not part of the contract, unless they were expressly agreed in writing.
§ 2 Offer and order
(1) All offers of the contractor with respect to prices, as well as the delivery dates are subject to change.
(2) A contract is concluded when the verbal order is confirmed by the contractor and the client. If such an order is issued, client requests for changes are not possible.
(3) guarantees will only be accepted with prior and express agreement to the client.
§ 3 Obligations of the Contractor
The customer selects from the contractors material his desired pattern. The contractor processes the selected material according to the wishes of the customer in terms of processing, cropping and color selection for the ordered goods. This will be made to the personal measurements of the customer.
§ 4 Taking measurements
The preparation for manufacturing the garment occurs after the body measurements have been taken. According to the taken measurements, a preliminary garment (mock-up-garment) will be designed and manufactured, which will be calculated and billed separately. With payment of this - without an order for the final product - it doesn't include any claim on the mock-up or the cut. That means: All rights, as well as the created sample retained by the contractor. Any exceptions require a written agreement.
In this sample, changes and adjustments will be made. After adjusting for these results is the final section created and produced commissioned piece of clothing.
The client is cautioned that changes that are necessary due to figurative changes which could occurre after adjusting the sample are at his expense.
§ 5 Shipping
(1) The transfer and acceptance of the goods is by default by personal acceptance of the client at the office of the contractor.
(2) During transport the goods are delivered from the factory to the customer's delivery address. The choice of delivery method is up to the contractor.
(3) With the delivery of the finished goods to the customer or the shipping company the risk of deterioration is on the risk of the customer. If the customer doesn't accept the delivered goods, the Contractor has the right to withdraw from the contract after a grace period of two weeks and requiring a demand compensation for nonperformance. The supplied goods have to be also accepted by the customer in the case of minor defects without prejudice to its warranty rights.
§ 6 Payment
(1) When placing the order, a fixed down-payment is neccessary.
(2) Payments have to be made in cash or by bank transfer immediately after contract and / or invoice. The production of the order starts after receipt of payment. Delays in delivery occuring in case of late payments are in responsibility of the buyer.
(3) The final payment is due upon delivery and receipt of goods.
(4) Until full payment of all goods from the same order, the goods remain in the property of the contractor.
(5) If the goods are not yet paid in full after 10 days of invoice, a payment default automatically enters without the need for a reminder. In this case, the Contractor may require statutory default interest of 5% above the current base interest rate according to § 1 of the Discount Rate Transition Law of 9 July 1998. The assertion of any further default damage is not excluded. The Client reserves the right to prove lower damages.
§ 7 Shipping
The shipping costs shall be borne by the client. This also applies to repeated-deliveries, if the client does not accept deliveries and therefore a redelivery is neccessary. The calculation is done only in the amount of the actual costs of redelivery.
§ 8 Right of subsequent delivery
(1) The client should be aware that it may come to minor variations in color and in the tissue structure of the fabric because of technical weaving reasons. Minor deviations of the processed material in comparison to the customer-selected samples do not represent a defect and therefore does not entitle the client to assert the legal rights of service disruption.
The fabrics that are used by the contractor are usually natural materials where form and design differences may occur despite to a careful and high quality finish even on the basis of the same dimensions to form and design
The client acknowledges the fact that small differences in reasons for quality, color and fit, are no defects in the goods.
(2) At the acceptance of the finished goods the client has to check immediately the fulfillment of the contract and its freedom from defects. Any complaints have to be anounced to the contractor without delay. In case of justified complaints the client may require repair at the expense of the contractor.
(3) Obvious, in particular visible defects in the delivered goods, including transport damages, the customer has to indicate by a detailed written description immediately upon delivery, but no later than two weeks after receiving the goods.
Failure to comply in the determined period of time all warranty claims of obvious defects are excluded. Hidden defects have to be indicated to the contractor immediately after discovery, but latest in writing within the warranty period of twenty-four months.
(4) For defective goods, the contractor is entitled to give a replacement-delivery.
In case of failure of the replacement, the customer is entitled to choose to demand a price reduction (abatement) or cancellation of the contract (rescission). In case of a cancellation the client has to return the goods immediately.
§ 9 Withdraw from the contract
The contract between the client and the contractor includes goods or products, that are manufactured to customer specifications and tailored to personal needs, that means the manufactured goods are not usable for third parties. Because of this feature it is impossible to return the products. As a result, the application of the cancellation and the right to return goods under the Distance Selling Act § 3 (FernAbsG) is ruled out in this contract (§ 3 para 2, No. 1 FernAbsG - German Law).
§ 10 Applicable Law
German law shall govern the whole of the legal relationship. The provisions of UN purchasing law shall be excluded.
§ 11 Final provisions
Any invalidity of one or more of the provisions of this contract shall not affect the validity of the remaining provisions
§ 12 Place of fullfillment and jurisdiction
Place of fullfillment for all aspects of the production is Sabine Zieseniss, Sontraer Str. 17, 36219 Rockensüß. Place of jurisdiction is the district court of Bad Hersfeld.
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.