1. Our general sales terms and delivery conditions are based solely on our general sales terms and delivery conditions. Other sales terms of the contracting party will not become part of the contract. Therefore no separate objection is necessary. When concluding the contract, the contracting party accepts our general sales terms bindingly.

2.

2.1 Place of performance for all services resulting from the delivery contract is Heppenheim / Germany.
2.2 The delivery of the goods will be effected ex works. The buyer has to pay for the forwarding charges. The goods are to be forwarded without insurance.The danger of an accidentally loss or damage in transit is passing on to the buyer when delivering the goods.
2.3. Packing costs for special packaging will be invoiced to the buyer.
2.4 If the purchase is not effected in time due to default of the buyer, the seller has the right to choose after a respite of 12 days  if  he issues a backlog invoice or to resign from the contract or to claim damages. In case the transaction agreed upon should not be processed, the buyer is entitled to a damage lump sum which is 30 % of the net order amount. The seller reserves the right to claim further damage.
The buyer is explicitly entitled to provide evidence that no damage or no loss in value has occurred at all or that it is considerably lower than the lump sum.

3.

3.1 When concluding the contract, the terms according to our written acknowledgement are valid.
3.2 Delivery of the goods is effected according to the terms agreed upon. Subsidiary agreements must be in written form, otherwise they are considered as not agreed upon.
3.3 Larger sizes are calculated as follows:

women’s outer
garments

24/48, 25/50, XL; 10 %

26/52, 27/54, XXL; 20 %

28/56, 29/58, XXXL; 30 %

30/60, XXXXL and bigger; 40 %

men’s outer
garments

28/56, 29/58, XL; 10 %

30/60, 31/62, XXL; 20 %

32/64, 33/66, XXXL; 30 %

34/68, XXXXL and bigger; 40 %

4.

4.1 In case the delivery date should be exceed due to force majeure, we are entitled to postpone the delivery as long as the obstruction lasts or to resign from the contract regarding the part which has not been fulfilled yet. The same is valid for circumstances which make the delivery considerably difficult regarding the terms stipulated in the contract or which make the delivery impossible, no matter if they occur with our company or our subcontractor.
An extension of the delivery time only occurs if the other party is informed immediately about the reason for the obstruction as soon as it can be judged that the term stated can not be complied with. In case the delivery date should be exceeded due to force majeure or similar circumstances, any claim for damages of the buyer is excluded.
4.2 In case the delivery has not been effected in time due to force majeure or similar circumstances, the other contracting party is entitled to resign from the contract. This has to be announced in written form  at least two weeks before the right of withdrawal is exercised. Damages is excluded.

5.

5.1 After the stipulated delivery time has expired, the buyer is entitled to set a deadline for delayed delivery. Damages is excluded. The liability of the seller remains untouched regarding as follows:

a) injuries of life, body or health which result from a negligent breach of duty of the seller or a deliberately negligent breach of duty of a legal agent or an auxiliary person of the seller; 
b) other damages which are caused by a grossly negligent breach of duty of the seller or a deliberately  or a grossly negligent breach of duty of a legal agent or an auxiliary person of the seller.

The recission of the contract does not occur if the buyer declares to the seller during the deadline for delayed delivery  that he insists on the fulfilment of the contract. On the other hand the seller will be released from his delivery commitment if the buyer does not state on request of the seller during the deadline of for delayed delivery if he insists on  the fulfilment of the contract.
5.2 Firm deals will not be  made. If the parties stipulate in particular cases explicitly that the goods are destined for a certain action, it is possible to stipulate a firm delivery date without additional respite. If the delivery date should be exceeded, the buyer is entitled to demand expenses for the ordered goods, but only up to the amount of the purchase price of the ordered goods. Further claims are excluded. The buyer is only entitled to reduce the purchase price or resign from the contract only if the goods of action are faulty. 

6. Obvious and hidden defects

6.1 Defects have to be reported to the seller without delay, but no later than one week after receipt of the goods.
6.2 It is not possible to object customary variations as well as minor variations of the quality which are not technically avoidable. Furthermore variations of the colour, breadth, weight, proofing or design cannot be objected. Samples and patterns are only approximate visual aids for quality, dimensions and colour. Regarding dimensions and size, the current state of the art is considered taking into account the individual design as well as the individual pattern.
6.3 If the notice of defects is justified, the seller has the right for rectification of defects or for a compensation delivery free of defects within one month after retrieving the goods. In this case the seller has to pay for the transport costs. In case the subsequent performance should have failed, the buyer now  has the right to reduce the purchase price or to resign from the contract.
6.4 Hidden defects have to be reported immediately to the seller after they are discovered.

7. Patterns of the collections have to be refunded. If the buyer should fall behind with the payment for the collection patterns more than one month, the seller has the right to reclaim the collection patterns.

8.

8.1 The invoice will be written at the day the goods are delivered or made available. It is generally not possible to postpone the maturity (fixing the value date). 
8.2 Invoices are payable as follows:

with payment in advance and bank collection after delivery of the goods with 5 % cash discount
within ten days after issuing the invoice and delivery of the goods with 4 % cash discount
after 11th to 30th day after issuing the invoice and delivery of the goods with 2,25 % cash discount
after 31st to 30th day after issuing the invoice and delivery of the goods net.

After the 46th day  delay occurs according to §§ 286 ff. BGB (German Civil Code).

8.3 In case the seller should accept instead of cash, cheque or bank draft a bill of exchange, after the 46th day from the day of  issuing the invoice and delivery of the goods onwards a supplement of 1 % of the bill amount will be invoiced.

9.

9.1 In case of payment after maturity, an interest of 8 % above the current base rate of the German Federal Bank / European Central Bank will be invoiced as damage caused by delay.
9.2 For reminders reminder charges of € 10,00 per letter are invoiced.
9.3 The seller is not compelled to effect any more deliveries resulting from a current contract before the mature invoice amount including interest is paid completely. The claim for damage caused by delay is still reserved.
9.4 In case of delay in payment of the buyer or if insolvency is impending or other considerable deterioration of the financial circumstances of the buyer, the seller can set a respite of 12 days for outstanding deliveries resulting from any current contract and can demand under discontinuance of the date of payment cash payment before delivery or resign from the contract or claim damage.

10. Bills of exchange, as far as they are accepted as payment, are only accepted against reimbursement of the expenses. Bills of exchange and acceptances with a maturity of more than three month are not accepted.

11.

11.1. The goods remain property of the seller until all outstanding debits resulting from delivery of goods from the whole business contact, including accessory claims, claims for damages and cash of cheques and bills of exchange, are settled. The retention of title also remains if single demands of the seller are taken into a current invoice and a balance is struck and accepted.
11.2 As far as centrally regulation position is employed for the business transaction which takes over the guarantee, the seller transfers the ownership by forwarding the goods to the centrally regulating position. This can be postponed until the purchase price is paid by the centrally regulating position. The buyer is only set free if the centrally regulating position has paid.
11.3 The buyer is only entitled to resale or to further processing in consideration of the following conditions.
11.4a Herewith the buyer assigns the claim with all ancillary rights resulting from the resale of the conditional goods – including possibly existing debit claims – to the seller.
11.4b In case the goods have been combined, mixed or processed and the seller has obtained therefore a co-ownership amounting to his invoice amount, he is entitled for the claim for the purchase price pro rata to the value according to his rights to the goods. 
11.4c In case the buyer has sold his claims within the scope of factoring, the buyer has to assign the replacing claims he has to the factor to the seller.
11.5 Pawning or safety transfer of property of the conditional goods or the assigned claims are inadmissible. Should pawning take place, the seller has to be informed immediately by naming the pawnee.
11.6 If the seller takes back the goods delivered by executing his right for reservation of ownership, resigning from the contract only takes place if this is explicitly declared by the seller. The seller is entitled to settle his claims by direct offering of the conditional goods.
11.7 The buyer stores the conditional goods for the seller free of charge. He is obliged to secure the goods against the usual dangers such as fire, theft and water within the usual scale. The buyer transfers hereby his claims for damages which he is entitled to resulting from damages such as mentioned above to the seller amounting to the invoicing amount of the goods. The seller accepts the transfer.
11.8 All claims as well as rights from  reservation of ownership concerning all special cases stipulated in this conditions remain until the complete release from contingent liabilities (cheque – bill of exchange), which the seller has taken in the interest of the buyer. Generally the buyer is – as in sentence no.1 – entitled to use factoring for his outstanding debts. However he has to inform the seller before taking on contingent liabilities.

12.

12.1 The law of the Federal Republic of Germany is valid.
12.2 Any legal case arising from this contract shall be heard at the district court in Darmstadt/Germany
13. Should one of the regulations of this contract be null or void, the other regulations of this contract are valid. The condition which is null or void has to be replaced by the legal conditions.