General Terms and Conditions

General conditions of mb-design tailored corporate wear GmbH,

Hans-Porner-Str. 20, 38126 Braunschweig  / GERMANY

 

1   Contractual content

The primary object of the agreement is the design, the products’ development, the production and the delivery to the client. The purchaser is bound to his order or orders. The seller’s order confirmation takes place either in written or by delivery of the goods or by invoicing. Further additions, alterations, or subsidiary arrangements are subdued to written form.

The design rights remain with mb-design. All sales will only be concluded on specific delivery dates, quantities, articles, and qualities. Both contractual parties are bound to it.

 

2   Place of Performance

The place of performance for all services according to the supply contract is the city of Braunschweig, Germany.  

 

3   Place of Jurisdiction

The [...] City of Braunschweig is deemed venue for courts of law (including complaints relating to bills of exchange and cheques) for all registered [...] businessmen in terms of the code of the Commercial Law, except those whose companies are not listed in the trade registers and whose business enterprise, according to their nature and extent, does not require it, juristic persons of public law or public legal special asset.

 

4   Delivery

The delivery of the goods starts from the warehouse in Salzgitter / Germany. As soon as the goods were handed over to the transportation’s person or have been dispatched from the mill, the risk during the shipment will be borne by the purchaser. Should the dispatch of ready for dispatch goods be postponed for reasons for which we are not responsible, upon notification of readiness for dispatch the risk will be borne by the purchaser.

An insurance of the goods to be shipped against damages of transportation is only by virtue of a separate agreement and the costs will be borne by the purchaser. Delivery times are only binding if they have been acknowledged in writing by both parties.

Shipment and transportation costs are born by the purchaser, unless otherwise agreed upon.

Unless explicitly agreed upon a single consignment, partial deliveries have to be accepted by the purchaser.

Should the purchaser choose to have a fitting procedure, the costs for the fitting team’s services, the flights, and the accommodation, will be borne by the purchaser.

Re-orders are subdued to minimum order surcharges, according to a separate listing.

 

5   Interruption of Delivery

In case of Force Majeure, industrial action, authority measures as well as operational stoppages without fault which have lasted longer than 1 week or are expected to last, the delivery time or the period of acceptance will be extended for the period of obstruction, but no longer than 5 weeks plus an additional delivery period. The extension does not occur if the other party is not immediately informed about the reason of the obstruction, as soon as has been realized that the deadlines cannot be met.

Should the obstruction have lasted longer than 5 weeks and should the other party when inquiring not be informed that the delivery or acceptance will be on time, the other party may rescind immediately from the contract.   Damage claims are excluded in the above cases.

 

 

6   Terms of subsequent delivery

After expiry of the delivery period is set without notification a subsequent delivery time of the delivery time, but no longer than 8 weeks plus transportation-time.

 

7   Notice of defects

Complaints are to be made immediately and will only be considered when formulated in written by the purchaser to the supplier within 10 days after receipt of the goods.

Claimed goods are only to be returned upon approval of the supplier.

Should the purchaser not have received an answer within 10 days when threatening with returning the claimed goods, the purchaser is allowed to return the goods, the purchaser’s claim not approved.

Small, customary or technical unavoidable deviations in quality, color, width, weight, finish, or design may not be rejected. Should the complaints be justified the purchaser has the right to improvement or delivery of defect-free goods within 8 weeks after having received the returned goods. Should the supplier exercise the Right, further demands, especially for changes, deductions, or indemnifications are excluded. Should the supplier not be able to improve or replace, or should he refuse both, legal regulations will be valid after the expiry of the deadline.

Legal stipulations apply to hidden defects.

 

8   Liability

Contractual, pre-contractual and extra-contractual claims for compensation – beside demands because of the lack of guaranteed characteristics – are excluded, as long as the supplier or sub-contractors have not caused the damage intentionally or grossly negligently.

 

9    Payment

All prices are in EURO plus value added taxes for clients in Germany. The prices are based on the actual currency and raw material rates. In case of extreme fluctuations the seller reserves the right for price rectifications.

The payment terms are as follows: 60% of the total to be paid at the order’s confirmation,
40% before delivery within 10 days. Payments will always cover the oldest financial maturities.
We reserve the right for part deliveries.

All prices are net prices, ex-factory, and transportation costs have to be added.

Please draw your attention to our general terms, since the order will be realized only after the pre-payment has been done.

The clothing sizes of mb-design are based on the German “Hohensteiner sizes”. Generally we recommend together with the individual measurements to choose the more comfortable clothing size. In case, that the individual measurements differ strongly from a possible clothing size,
mb-design recommends an adjustment for a surcharge per separate offer or a special manufacture for a surcharge per separate offer.

 

 

10   Data recording

The seller processes and uses individual-related data of the contract/agreement solely for the performance of the contract and customer support. Please read on www.mb-design.fashion our DATA PRIVACY.

 

 

11    Reservation of title

The delivered goods remain to be the property of mb-design until complete payment.

 

12    Deviation and anti-circumvention provision

Deviation from these conditions and the existing order, are only legally effective, if they are approved in written by the selller.

 

13   Severability clause

Should one of the regulations in these conditions be invalid or will be void, the remaining provisions shall remain unaffected, the ineffective regulation should be replaced by the effective regulation, so that the purpose will be realized.