General terms and Conditions - FRAS FASHION GbR

Place of Fulfilment, Delivery and Acceptance
The place of fulfilment for all performances under the delivery contract is the place of the trading branch of the seller. The delivery of the goods commences from a national storage base. The costs of delivery are borne by the purchaser. The goods are sent with insurance. Delivery in parts is also allowed for a weight of less than 3 kg, provided the accordance of the purchaser is provided. If, due to the fault of the purchaser, the acceptance does not take place in due time, the seller then has the right, if he so wishes, following the laying down of a grace period of 14 days, to withdraw from the contract or to require compensation.

2. Conclusion of the Contract
An order only serves the purpose of providing the seller with purchase information and does not represent the acceptance of an offer to conclude a contract. The order can be made via fax, e-mail, telephone, internet shop or informally. Following the receipt of the order, the customer receives a confirmation of the order from the seller, which does not however represent an acceptance of a contractual offer. In the case of final customers / final consumers, the contract is concluded when the goods have been delivered by the seller or when delivery notification has been sent to the purchaser. In the case of professional customers, the date of the confirmation of the order applies. The confirmation of the order is sent to the customer by the seller. The confirmation of the order is given in writing, by post or by e-mail. It is valid even without a renewed confirmation by the customer, provided the sending of the confirmation of the order can be proven.

3. Information on Withdrawal / Right of Withdrawal
The purchaser can withdraw his contractual statement in writing (fax, letter, e-mail) or by sending back the goods within a period of two weeks without the need to give reasons. The period begins one day after the receipt of this information notice in writing, however not before the day on which the goods are received by the recipient. For professional customers, the date of the confirmation of the order applies.

4. Cure Period
Following the expiry of the delivery period, without the need for a declaration a cure period of 14 days commences. Following the expiry of the cure period, withdrawal from the contract, under the exclusion of claims to compensation, is considered as having been effected. Withdrawal from the contract is not considered as having been effected if the purchaser declares in relation to the seller that the purchaser is insisting on fulfilment of the contract. Before the expiry of the cure period, claims of the purchaser due to delayed delivery are excluded.

5. Delivery to Professional Customers
The delivery of the order takes place in accordance with the seller’s possibilities for delivery. If events occur which make the delivery difficult or impossible for the seller, the seller has the right to withdraw from the contract, provided the seller has informed the purchaser within the cure period.

6. Notifications of Defects
Notifications of defects are to be sent to the seller within five days of receipt of the goods. Small discrepancies in quality, colour, width, weight, packaging or design which are not technically avoidable may not be rejected by the purchaser. This also applies to discrepancies which are normal in the course of trade, unless the seller has declared in writing that he will deliver goods which are precisely the same as a sample. Hidden defects must be reported to the seller without delay upon discovery and the seller is to be notified in writing about them. In such a case the purchaser can only reduce the purchase price or withdraw from the contract. In the case of justified notifications of defects, the seller has the right to repair the goods or to deliver replacement goods free from defects following receipt of the original goods. The seller is liable for the costs of shipping which he would have had to pay for himself in order to send back the goods. If the subsequent performance has failed, the purchaser has the right to reduce the purchase price or to withdraw from the contract. The warranty is excluded if the seller has referred to the defect prior to delivery.

7. Payment
For the invoice, the date of the invoice applies. The invoice is issued on the day of the delivery or on the day of the availability for collection, as applicable. A postponement of the invoice being due is excluded. Invoices are to be paid within ten days following the issue of the invoice and delivery of goods with a trade discount of 3%, provided that payment in advance has not been agreed upon. The trade discount does not include the costs of delivery. From the 10th until the 20th day following the issue of the invoice and the delivery of the goods the invoice is to be paid at face value. From the 21st day there is a delay in accordance with Sec. 286 II BGB (German Civil Code). In the case of payments made after they were due, interest of 8% above the base rate of Deutsche Bundesbank is calculated. Prior to the complete satisfaction of invoice sums which are due, together with interest, the seller is not obliged to make any further performance under any ongoing contracts. In the case of delayed payment on the part of the purchaser, threatened inability to pay or any material deterioration in the financial condition of the purchaser, the seller may demand the outstanding payments in full by fixing a grace period of 12 days or may withdraw from the contract or enforce claims for damages.

8. Withdrawal from an Order
If the purchaser withdraws from the contract in whole or in part, does not accept the ordered goods or is unable to pay following the expiry of the withdrawal period laid down in point 3, the seller can demand compensation in the amount of 30% on top of the value of the order.

9. Retention of Title
The goods remain in the ownership of the seller until the full payment of all receivables emanating from the delivery of goods covering the entirety of the business relations, including collateral charges and claims for compensation. The retention of title also remains in existence when individual receivables of the seller are taken up into an ongoing invoice, the balance is drawn and it is recognised. The purchaser may only sell the goods subject to retention of title within the ordinary course of business. Pledging or the assignment of the goods subject to retention of title is prohibited. The seller is to be notified immediately of any pledging. If the seller takes back the delivered object by exercising his retention of title rights, there is only a withdrawal if the seller declares a withdrawal in writing. The seller can obtain payment for the goods by means of a free sale of the goods.

10. Data Protection
The seller is entitled to save and process customer details electronically. The seller uses the data exclusively in the commercial dealings with the purchaser. The purchaser can at any time require information about, notification of, or the blocking or the deletion of his data free of charge.

11. Applicable Law
The law of the Federal Republic of Germany applies. The UN Convention on the International Sale of Goods from 11/04/1980 is excluded. Deviations from, or additions to, these terms and conditions are only valid if they are confirmed in writing. If individual provisions of this contract are void in whole or in part, the validity of the contract and of the remaining terms and conditions remains unaffected. The void provision is to be replaced with a valid provision which corresponds with the objective of the void provision.