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Terms and conditions
Terms and conditions 
  Orders will be accepted and processed on terms of the following conditions only. Differing terms of commission of our parties of contract are not binding, even if not expressly contradicted by us. Changes and additional agreements, especially with our sales representatives, are effective only, when formally confirmed by us.  All offers are subject to confirmation. Our prices are net prices quoted in Euro, do not include sales tax from shipping point, and do not include packaging. Customers will be charged with prices effective on the day of shipment. Due to contingent rise in wholesale prices and floating exchange rates, prices are subject to change without notice. The sales contract is binding upon confirmation of order only. In case of immediate shipment, our invoice is considered as confirmation of order. In case of a net order value below EUR 100,00, we charge a handling fee of EUR 10,00.  Unless explicitly and binding confirmed, or settled as fixed date, terms of delivery quoted by us, or our sales representatives are without obligation. Acts of nature beyond control, unpredictable events, as well as not in time self-supply, release us from all shipment liability. According to this, the buyer is not entitled to any claims against us. In case of impossible shipment, both parties are entitled to withdraw from contract. Only after the warranty of an additional supply period of 21 days the customer is justified in withdrawing from contract. We are authorized to partial shipment. In case of partial shipment, subsequent delivery will be exempt from postage. All purchased goods travel at buyer’s risk. Buyer is liable in case of loss, damage, or destruction of purchased goods. We do not insure your commodities. Acceptance of ordered goods is binding. Should buyer either refuse acceptance of shipment, or subsequent delivery without prior notice to vendor, or should buyer return goods unless specifically authorized by us, all consequential costs and losses to vendor have to be refunded by buyer.  In case of complaints about defective or incomplete shipments, customers have to notify us in writing, within 8 days after receipt. Later complaints will not be considered. Qualified complaints about defects will effect rectification of defects, or replacement. Customer’s claims for annulment, reduction, or damages are excluded. Products are subject to alterations, as long as these changes do not signify reduction in quality, or minimize customer’s use. Product information, advertising, and especially specifications given in brochures are for descriptive purposes only; they are no statement about condition of goods. No warranty for life and condition of our goods in terms of § 443 BGB. No warranty for exceeded standard use of products. We grant 1 year warranty period from passing of risk, if customer wears title of contractor in terms of § 14 BGB. Returns require prior written consent and have to be free of charge in all cases. Unfree returns will not be accepted. No return and exchange of outright bought goods, especially of previously tried on swimwear. Goods have to be examined immediately, upon receipt. Damages in transit have to be reclaimed immediately with shipping agent, not with vendor. Bills are payable within 8 days (2 % cash discount), or in net cash 30 days. Every payment will be booked onto respectively oldest open account. In case of open bills, all succeeding bills will fall due to payment immediately, cash discount deduction is excluded. Payment in exchange after special agreement only. Receipt of bills of exchange reserved. Compensation of offsets not accredited by us, excluded. Non-agreed payment deductions without existent credit notes, higher or belated cash discount deductions not accepted. In case of late payment, we reserve right to charge interest, amounting to common rate for overdraft credit, plus additional charges. Collection expenses will be charged, after unsuccessful remittance of statement. In case of insufficient disclosure, we are authorized to demand advance payment, or to withdraw from contract. In case of late payment, new shipments can be withheld until receipt of payment. This does not authorize customer to withdraw from contract.  Until complete fulfillment of all our claims against the buyer, delivered goods remain our unrestricted property. Due to cause of trade, buyer has right of selling goods remaining in our reservation of title. No pledge, nor transfer of goods to third parties before complete payment. Until complete repayment of claims, claims and ancillary rights resulting from the sale of our goods to third parties will be assigned to us. As long as our claims are due, buyer is allowed to collect assigned claims, but has to pay over to us immediately. Generated proceeds from the sale of our goods are to be held in trust on behalf of us, separately from other sales revenues, and to be paid, when our purchase price claims are due. In case we find out about circumstances debasing the financial standing of buyer after shipment has taken place, we are authorized to reclaim or retrieve our goods from the buyer. As long as goods remain unpaid, buyer is required to return goods on demand. We are authorized to enter buyer’s premises. Buyer is bound to restitute goods. In case of third party distraint, buyer has to notify us without delay. Pledge officers and judgment creditors have to be informed about our reservation of title on goods. The same procedures fall into place, in case of distraint of claims due to disposal of goods in our reservation of title.  All future business transactions, especially repeat orders, will be conducted according to the preceding conditions. Only German legislation applies to all legal relations, also those with foreign buyers. In the case of foreign buyers, German legislation applies, with exclusion of the use of CISG and transformation regulations in this matter. Should particular conditions or agreements turn out to be ineffective, all of our remaining conditions on sale, delivery and payment still apply. Bad Salzuflen is place of fulfillment for mutual obligations emanating from this contractual relationship, including obligations from checks and bills of exchange, also if sales or deliveries have been conducted in a different place. Lemgo or Bielefeld respectively are mutually agreed courts of jurisdiction for all legal proceedings emanating from this contractual relationship. |