General Business Terms and Conditions of Be-Fash company
§ 1 General provisions
(1) below stated General Terms and Conditions shall apply to all even future contracts, consignments and all other accomplishments of the company Be-Fash e.K., Im Geeren 90, 60433 Frankfurt am Main, Germany (hereafter Be-Fash) for our commercial clients. Always the current version of the AGB at the time of order will be applicable.
(2) Our General Terms and Conditions (AGB) shall exclusively be applicable. Opposing or differing conditions of our clients will not be accepted by us, unless Be-Fash has explicitly and in written agreed upon their validity.
(3) The business relations between Be-Fash and the client underlie the law of the Federal Republik of Germany. United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. Place of jurisdiction is Frankfurt am Main as far as the client is a merchant in terms of the German Commercial Code (HGB).
§ 2 Subject matter of cotract, client approval, conclusion of contract
(1) Be-Fash gives their clients the opportunity to order and to purchase fashionable articles of clothing via their Internet websites www.Be-Fash.de and www. Be-Fash.com. A verbal order is not possible.
(2) Be-Fash solely directs its offers towards commercial clients, who have legimated themselves by sending in their valid trade licence (Gewerbeschein). Orders of others than commercial clients shall not be accepted by Be-Fash.
(3) Clients who have their place of business outside of the Federal Republic of Germany have to send in their sales tax identification number for an order account activation.
(4) Contracts are conducted by client's order and confirmation by Be-Fash whereas the client makes an offer through his order. Be-Fash will let the client know about the acceptance of his order by e-Mail. As long as the ordered goods are not or just partially available Be-Fash will instead of accepting the offer by mail make a new trading offer. If the client accepts this new offer the contract about the goods available and offered by mail will be conducted.
§ 3 Prices
(1) Prices valid at the time of order shall be applicable. For deliveries within the Federal Republic of Germany the VAT (Mehrwertsteuer) of 19% at the moment will be added plus shipping, cash on delivery and packaging costs.
(2) On intra-Community deliveries to EU states shipping, cash on delivery and packaging costs will be added. The client himself has to make arrangements for the payment of costumary intra-community sales taxes within his country of business.
(3) On exports (deliveries to countries not belonging to the EU states) the prices shall be plus shipping, cash on delivery and packaging costs. The value-added tax of the Federal Republik of Germany shall not be levied. The costumary import sales tax shall be paid by the client.
§ 4 Payment
(1) Be-Fash shall deliver to the client on advance payment or cash on delivery (COD) according to the clients choice. Clients ordering the first time and clients who have their place of business outside the Federal Republic of Germany shall exclusivly make an advance payment. Be-Fash will issue an invoice which will be handed out to the client with delivery of the ordered goods or it will be sent to the client by e-mail or by post.
(2) If the client chooses to pay by advance payment he shall transfer the agreed buying price to Be-Fash within 7 days after receiving the invoice with indication of his order number.
(3) Varying from par. 1 Be-Fash can at its own discretion offer its client a delivery against invoice. The amount invoiced shall be payable immediately without deduction.
§ 5 Delivery, Reservation of Self Supply and Transfer of Risk
(1) The ordered goods will be delivered to the address stated by the client except when otherwise stipulated.
(2) If delivery dates cannot be complied with due to an act of nature, labour disputes, unpredictable obstacles or other inevitable circumstances which Be-Fash is not responsible for and which occur after conclusion of contract or which Be-Fash did not know about at the time of conclusion of contract without its fault and which are proven by Be-Fash, the time limit will be extended for the time of hindrance at the longest for two weeks.
(3) Be-Fash reserves the right to discharge itself from the liability of the performance of the contract if the goods should be delivered to Be-Fash by a supplier at the latest on the day of delivery to the client and the delivery to Be-Fash is not made or is just partially made. This self supply restriction is just valid if Be-Fash is not responsible for the failing delivery. Be-Fash is not responsible for the failing of the delivery as far as a so called congruent hedging transaction was agreed uppon with the supplier for fulfilling the contractual obligations. If the goods are not delivered Be-Fash will immediately inform the client about it and refund the purchase price.
(4) Risk shall be transferred to the client as soon as the goods are transferred to the person who will conduct the delivery or as soon as the goods have left Be-Fash´s warehouse for the purpose of shipment.
(5) If the client is in a default of acceptance or does he culpably neglect any duty to collaborate then Be-Fash has the right to claim and get replaced the loss including all additional expenditures to this extent. Ulterier claims remain reserved. In the case of a default of acceptance or the culpably neglecting of any duty to collaborate the risks of loss or any random degradation of the bought goods is transferred to the client as soon as he is in the default of acceptance or in debtor´s delay.
§ 6 Title Retention, Offsetting
(1) The delivered goods remain the property of Be-Fash until all debts which are realated to the contract and for which Be-Fash is entitled are settled.
(2) The Client shall be entitled to a right of offset only if its counterclaims are not disputed by Be-Fash or legally upheld. The Client shall be entitled to exercise a right of retention only to the extent that its counterclaim is based upon the same contractual relationship and is undisputed or legally upheld.
§ 7 Liability for defects
(1) As far as defects -for example defects resulting out of production or damages- exist the client is entitled claims resulting out of the warranty in accordance with following regulations. Being not satisfied with the product is no reason for raising a claim. In this case taking back the product by Be-Fash is explicitly excluded.
(2) The differing of measurements of products manufactured abroad from according sizes in the Federal Republic of Germany or from the sizes in the country of business of the Client does not outline a defect if the differences between particular national sizes of the manufacturing country and the Federal Republic of Germany or the country of business of the client is usual and familiar in the textil business and if the client had the opportunity to take notice of it.
(3) The client has to check the delivered goods immediately after receiving them and to indicate any defects and to inform Be-Fash about them with details of type and complexity of the defects
If the Customer fails to make such a notification, the delivered goods shall be considered to be approved unless it concerns a defect which was not recognisable when the inspection was made. If such a defect is discovered later, then the Customer must immediately make notification to Be-Fash upon its discovery while providing a precise description of the defect; otherwise, the goods shall also be considered to be approved in spite of this defect.
(4) If defects are discovered and notification of them has been made in a timely manner, then Be-Fash shall be entitled to make rectification of the defects. If a rectification attempt is unsuccessful, then the Customer shall be entitled to reduce the purchase price or withdraw from the agreement.
(5) Expenses which incurred for the client due to returning of defective goods will be absorbed by Be-Fash. Be-Fash will immediately refund the costs resulting out of the returning.
(6) Apart from that regarding warranties legal requirements shall be applicable, particularly § 377 ff. HGB (German Code of Commercial Law).
§ 8 To be regarded in case of damage in transit
(1) External cognizable damages on the delivery shall immediately and appropriately be attested by the deliverer. The transport company is obliged to do so. Damages which are not externally cognizable, defaults and differing of weight of the content which are discovered while unpacking, unpacking shall immediately be stopped. The deliverer shall immediately be made liable in written not later than within the next seven days after delivery and he shall be requested to assess the damage.
(2) In all cases goods and packaging shall be left in the condition in which the faults were found until an agent of the deliverer has recorded the matter of facts.
§ 9 Liability
(1) The Client can just claim rights to get a compensation for damages other than legal warranties in cases of intent or gross negligence through Be-Fash. This exclusion of liability shall not be applicable if life, body or health are harmed and if contractual commitments are broken.
(2) In cases other than intent or gross negligence and harming live, body or health Be-Fash´s liability is limited to the typical foreseeable damages at the time of conclusion of contract.
(3) Liability resulting out of the German Product Liability Law (ProdHaftG) and other compulsory legal regulations remain unaffected.
§ 10 Copyrights
(1) The photographs and the texts used on the Internet web sites www.Be-Fash.de and www.Be-Fash.com are copyrighted. Be-Fash has the exclusive rights on the photographs. An usage of photographs and texts with the marking "Be-Fash" is only permissible if Be-Fash agrees to it.
(2) Be-Fash grants its clients the right to publish, to spread and publicly customize photographs and texts which illustrate and describe the goods the client has purchased from Be-Fash. The photographs may just be used for online shops or online auctions. Any imprint of the photographs and the usage in print media is prohibited. These rights cannot be transferred from the client to any third parties. This right of use expires as soon as the client has soled the concerning goods. Within the usage of photographs clients are obliged to sufficiently indicate the provider so that Be-Fash can monitor the eligibility of usage.
(3) The client has not got the right to edit photographs and texts of Be-Fash or to change them in any other way. References of the originator or of Be-Fash may not be changed nor deleted.
§ 11 Data protection
(1) Be-Fash saves and processes personal data of the client as far as it is necessary for the handling of the order and provides them to third parties to a certain extent for example the deliverer. The client agrees to the collection, processing and using of his personal data. Beyond that saved data will be handled confidentially by Be-Fash and is not provided to any other parties. The collection, processing and usage of data takes place according to the Federal Data Protection Act (BDSG) and the German Teleservices Act (TMG).
(2) The client has the right to cancel his assentation any time with future effect. In that case Be-Fash is obliged to immediately delete personal data of the client. In case of current orderings the data will be deleted after conclusion of the order process.