§ 1 SCOPE
The following terms and conditions apply to all business transactions between "COUTURE Yvonne Stephan" - hereinafter referred to as seller - and the buyer. The terms and conditions apply to all future business relationships, even if they are not expressly agreed again. These terms and conditions are deemed accepted when the order is placed, but no later than when the goods are accepted.
Contrary, additional or deviating terms and conditions do not become part of the business unless the seller has expressly agreed to their validity in writing.
§ 2 CONCLUSION OF CONTRACT
Offers from the seller are always subject to change and non-binding. All orders only become binding upon written confirmation or delivery.
§ 3 DESIGNS, DRAWINGS AND SAMPLES
The drafts, drawings or samples produced on the basis of an offer may not be evaluated or used by the offeree or passed on to third parties for a fee or free of charge. In the event of a breach, the seller is entitled to charge damages equal to the amount of the offer. If the customer passes on drafts, drawings or samples to third parties for a fee, he hereby assigns his claim to payment to the seller. For the rest, drafts, drawings and samples remain the property of "COUTURE Yvonne Stephan" and may only be used within the framework of the contractual provisions.
§ 4 DELIVERY
1. Production and delivery dates are always non-binding, fixed dates are not agreed.
2. If the goods are no longer in stock and the seller can no longer procure them within a reasonable period of time, but no more than 4 weeks from the date of the order, the seller reserves the right to withdraw from the purchase contract.
3. The seller is not responsible for delays in delivery due to force majeure and events that are not attributable to the seller, in particular delays in delivery by suppliers that make delivery significantly more difficult or impossible. They entitle the seller to postpone delivery for the duration of the hindrance plus a reasonable start-up time. It is not possible to withdraw from the contract.
4. The dispatch takes place in principle as a postal package. Shipping risk, shipping costs, packaging costs and any cash on delivery charges are always borne by the buyer.
§ 5 PRIZES
1. Delivery is generally made at the price valid at the time of delivery, unless something else has been agreed.
2. If a price increase caused by the manufacturer occurs before the day of delivery, the seller is entitled to adjust the purchase price of the goods ordered by the buyer if the buyer is an entrepreneur. If the increase is 3 percent or more of the original purchase price, the buyer is entitled to withdraw from the contract because of the price increase.
3. Shipping costs are calculated separately.
§ 6 PAYMENT
1. The sale is only made in cash, in advance, by cash on delivery, by EC direct debit or in exceptional cases on account.
2. Payment is due immediately without deduction. Delivery on account requires that previous orders have been paid without delay.
3. A 50% deposit is required for making clothes when placing an order.
4. A deposit is also due for items to be ordered specifically for the buyer.
5.If the buyer is in arrears with the payment, we will charge default interest of 5% above the respective base rate of the European Central Bank as well as €10 reminder fees, subject to the assertion of further rights
§ 7 RESERVATION OF TITLE
1. All deliveries remain the property of the seller until full payment has been made. In commercial transactions, ownership of the purchased item only passes upon receipt of all payments from the ongoing business relationship with the buyer.
2. The goods may not be pledged or assigned as security prior to the transfer of ownership. Resale is only permitted in the ordinary course of business. In the event of the resale of the reserved goods, the buyer hereby assigns his purchase price claim against the buyer in full to the seller.
3. If the buyer is in arrears with a payment in whole or in part, if he stops making payments and there are otherwise legitimate doubts about his solvency or creditworthiness, he is no longer entitled to dispose of the goods.
4. In commercial transactions, the goods owned by the seller during the period of retention of title must be insured by the buyer against fire, water, theft and burglary. The rights from this insurance are assigned to the seller. Seller accepts this assignment.
§ 8 REVOCATION IN DISTANCE CONTRACTS
All returns require prior agreement.
1. In the case of long-distance contracts, i.e. orders placed via long-distance means of communication such as letter, email, telephone, internet, etc., the buyer, provided he has acted as a consumer, can withdraw the contractual declaration within two weeks in text form (e.g. letter, fax, email ) or by returning the item. The period begins upon receipt of the goods and this instruction. The timely dispatch of the cancellation or the goods is sufficient to meet the cancellation deadline. The cancellation or the return of the goods should be sent to: COUTURE Yvonne Stephan, Frielinger Str. 3, 28215 Bremen.
2. In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived must be surrendered. If the buyer cannot return the received service in whole or in part or can only return it in a deteriorated condition, he may have to pay compensation in this respect. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as would have been possible for the buyer in a shop. In addition, the buyer can avoid the obligation to replace the value
by not using the item as if it were his property and refraining from doing anything that could impair its value. The buyer has to bear the costs of the return if the delivered goods correspond to those ordered and the price of the item to be returned does not exceed an amount of €40 or if the buyer has not yet paid for a higher price of the item at the time of the revocation provided the consideration or a contractually agreed partial payment. Otherwise, the return shipping is free for the buyer.
3. The right of withdrawal is excluded for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs. This includes goods by the meter that are tailored to the customer's wishes, as well as items that are individually made to the customer's wishes, such as one-of-a-kind dance dresses.
4.If the seller has to bear the costs of the return, the buyer is asked to orientate himself on the type of shipment chosen by the seller when choosing the type of return with regard to the costs incurred by the return. The buyer is advised that with Choosing an unnecessarily expensive shipping method for the return (e.g. also freight collect returns), the seller may be entitled to reimbursement of the difference to a return by regular mail.
§ 9 WITHDRAWAL FROM THE CONTRACT
1. If the buyer withdraws from the contract for the production of a unique item, a cancellation fee of 10% of the calculated order amount is due if production has not yet started.
2. If production has already begun or if the seller has already ordered special coloring or custom-made products, withdrawal from the contract is excluded.
§ 10 LIABILITY FOR DEFECTS
1. The goods must be checked immediately upon receipt. Obvious defects must be reported to the seller immediately, but no later than 7 days after receipt of the goods. In the case of justified complaints, the seller reserves the right to choose whether to repair or replace the goods.
2. Minor color deviations of different batches cannot be avoided in textiles, fabrics, shoes or colors and are therefore not a defect.
3. Illustrations, color, size and quantity information as well as other descriptions of the goods as they appear in the seller's catalog or online range of goods do not represent an agreement or guarantee of a corresponding quality of the goods.
4. Complaints about cut or processed goods are only possible if the seller should have recognized the error upon careful inspection of the goods.
5. The seller does not guarantee the color fastness of fabrics, fringes, tips and feathers or the durability of glued or soldered rhinestones.
6. The seller assumes no liability for damage caused by washing, friction, perspiration or the use of perfumes/deodorants.
7. A measurement tolerance of 5% is allowed for quantity deliveries.
8. Dancewear is a consumable item and may show signs of wear or wear out even within the warranty period. There is no material defect for which the seller is responsible.
9. The buyer is obliged to allow the seller to inspect the defective delivery item at the buyer's or the seller's discretion. If the buyer refuses to check the seller, the seller is released from the warranty.
10. The assignment of warranty claims to third parties is excluded.
11. If the buyer is a merchant, complaints about defects do not affect the due date of the purchase price claim, unless their entitlement has been recognized in writing by the seller or has been legally established.
§ 11 DAMAGES
If the buyer is in default of acceptance or violates other obligations to cooperate, the seller is entitled to demand compensation for the damage incurred, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the buyer at the point in time at which the buyer is in default of acceptance.
§ 12 LIABILITY
The seller is only liable for intent and gross negligence. Liability for indirect and consequential damages is excluded. Liability is limited to the value of the goods concerned. Liability for delivery dates and claims for damages for delays in delivery are expressly excluded.
§ 13 DATA PROTECTION
The data required for business transactions are stored. All personal data is always treated confidentially and is not passed on to third parties. The buyer's interests worthy of protection are taken into account in accordance with the statutory provisions.
§ 14 PLACE OF PERFORMANCE, JURISDICTION AND JURISDICTION
1. The place of performance for all services and the place of jurisdiction for disputes arising from the business relationship is Bremen.
2. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the seller and the buyer.
§ 15 SEVERABILITY CLAUSE
Should individual provisions of these terms and conditions be wholly or partially invalid, this will not affect the validity of the remaining conditions. Rather, the contracting parties are obliged to replace the ineffective provision with an effective provision that is equivalent to its economic success, provided that this does not result in any significant change in the content of the contract. The same applies if a situation that requires regulation is not expressly regulated..