Just Fashion GmbH I Paul-Seydel-Straße 13 I 09212 Limbach-Oberfrohna
TEL +49 3722 6002 37 I FAX +49 3722 6002 39
Represented by: Managing Director Dipl.-Oek. Joachim Lenze and Ümit Ufuk Ekinci
Registration: Registered in the Commercial Register I Court of Jurisdiction: Amtsgericht Chemnitz I HRB 25210
VAT identification number acc. § 27a UStG: DE259474962
Responsible for contents: Ümit Ufuk Ekinci I Bilker Allee 176D I 40217 Düsseldorf
General Terms and Conditions
Just Fashion GmbH
General Terms and Conditions
All sales, deliveries and goods and services by Just Fashion GmbH are subject to the following terms and conditions. Deviations from these, particularly conflicting conditions of the purchaser apply only, if we have expressly agreed to their validity.
Moreover, the terms and conditions also apply to all future transactions with the purchaser without a new, express inclusion being required.
2. Signing of a contract
All offers are understood to be non-binding, unless something to the contrary has expressly been arranged. A contract will only be considered to have been finalised after an order has been confirmed in writing. The same applies to amendments, changes to the contract and side-agreements. The delivery and invoicing replace the order confirmation.
Indications of the expected delivery time are non-binding. Part deliveries are allowed and may not be rejected by the purchaser. In the event that Just Fashion GmbH is in default in delivery, the purchaser must determine a reasonable grace period of at least 4 weeks before it can make use of its rights in terms of §281 BGB (Civil Code).
Just Fashion GmbH shall not be liable for delays in deliveries and performance based on force majeure and based on events which make the delivery considerably more difficult or impossible for Just Fashion GmbH – e. g. strike, lockout, official directives etc. – irrespective of whether the terms and dead lines have been agreed to be binding. They entitle Just Fashion GmbH to postpone the delivery and / or performance for the period of the interruption or to cancel, in total or in part, the contract on the grounds of the part not yet fulfilled.
Prices are quoted in euro plus shipping costs and VAT as in force from time to time.
Unless other prices have been agreed, the prices as issued by Just Fashion GmbH apply.
Unless something different has been agreed, invoices are payable with a 4% discount within 10 days and without discount within 30 days.
In the event of the return or non-redemption of a debit note, the purchaser will authorise its bank irrevocably to inform Just Fashion GmbH of its name and current address.
Just Fashion GmbH is entitled, notwithstanding different provisions of the purchaser, to first offset payments against its older debts and will inform the purchaser about the modus of the settlement.
The purchaser is not entitled to offset claims by Just Fashion GmbH or to assert a right of retention. This does not apply to claims which have been acknowledged by us to be justified.
The ceding of claims by the purchaser – including possible warranty claims – is excluded.
If the purchaser is in default, Just Fashion GmbH is entitled, from the relevant point in time, to demand interest of 8 % above the base interest rate as flat rate damages.
6. Notice of defects
Just Fashion GmbH must be informed in writing of a defect within 12 days of the receipt of the goods. If the notice of defect is justified and the form and period has been adhered to, the purchaser, after return of the good, has a right to a replacement delivery or the repair of the defective goods. The purchaser must bear the costs of the return shipment.
If a replacement delivery or repair is not possible, the purchaser has the right to terminate the contract.
Following the uniform terms and conditions of the German textile industry, quality, colour and finish are subject to small changes without notice.
Just Fashion GmbH will not guarantee that the colour and form of the deliveries will turn out absolutely uniformly or are the same as samples or specimens.
7. Reservation of ownership
As goods subject to retention of title, the delivered goods remain the property of Just Fashion GmbH until payment of the purchase price and all existing and future claims arising from the business relationship, irrespective of the legal reason. This shall also apply if individual or all claims have been absorbed in the current invoice and the balance been drawn up and acknowledged.
If the goods subject to retention are being disposed of or joined to other objects, our contractual party at this point cedes all claims in the amount of the value of the goods subject to retention with all ancillary rights arising from the disposal and / or connection to Just Fashion GmbH as the pre-ranking creditor. Just Fashion GmbH accepts the cession. The purchaser is entitled and authorised to the disposal of the goods subject to retention of title only in the normal, proper course of business and with the proviso that the claims described in the previously indicated paragraph will indeed devolve upon Just Fashion GmbH. The purchaser is not entitled to other dispositions of the goods subject to retention, particularly pledging or assignment of security.
Liability for any kind of damage (contractual or non-contractual) is excluded, unless the damage was caused through intent or gross negligence or on the basis of a breach of a material contractual cardinal duty.
The above limitation of liability does not apply to injury to life, body or health not attributable to us.
The liability in terms of the product liability law.
If, however, liability does arise, it shall be limited, for all damage, to the value of the goods delivered by Just Fashion GmbH and goods indicated by the purchaser.
Where a liability by Just Fashion GmbH is excluded or limited, this shall also apply to the employees, workers, representatives and vicarious agents of Just Fashion GmbH.
9. Cancellation Fees
The following cancellation rules apply for the cancellation of pre-orders:
The cancellation within the respective order period can be free of charge.
A cancellation fee of 30% of the ordered goods will be charged for cancellations after order completion, up to a maximum of 4 weeks after the order.
If canceled later, the cancellation fee is 50 %.
The place of jurisdiction for all disputes arising from and in connection with the contract will be the jurisdiction of Hohenstein-Ernstthal and / or the Zwickau Regional Court.
11. Applicable law
The law applicable to these terms and conditions and the entire legal relationships between Just Fashion GmbH und the purchaser shall be the law of the Federal Republic of Germany with the exclusion of the Hague Convention of the Law Applicable to International Sale of Goods (CISG).
The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
Please note: § 33 BDSG (Federal Data Protection Act): The data of the contractual partners of Just Fashion GmbH is stored and processed with due regard to the applicable data protection requirements in machine-readable form.
13. Other matters
Should one of the provisions of these terms and conditions or a provision in the context of other agreements be or become invalid, the validity of all other provisions will not be affected by this.