General terms and conditions of business /
STRETEX FASHION - Peter Streppel
These terms and conditions are subject to entrepreneurs as determined in § 14 BGB and to whom
the purchase of goods mean to be a kind of legal transaction within their exercise of commercial
activity. Stretex Fashion´s general terms and conditions are exclusively valid for each contract fixed with third parties. Stretex Fashion company (hereinafter as “Stretex Fashion”) refuses to acknowledge any customer´s or supplier´s (hereinafter as “business partners”) terms and conditions differing from its own but in case Stretex Fashion has expressly agreed with them in writing. The terms and conditions are automatically accepted by business partners after registration took place or after a contract has been concluded and latest when receiving ordered goods and services. Business relationship can exclusively be handled among companies as determined in § 14 BGB. Privatec onsumers according to § 13 BGB are excluded from any commercial business.
Entrepreneurs within the meaning of § 14 BGB are natural and legal persons or unincorporated business partners which enter into a legal transaction while exercising any commercial activity (either as an employee or as an independent business man).
Note on data protection:
The company Stretex Fashion / Peter Streppel is entitled to process all business partner´s data as far as they are subject to mutual business relationship.
Special conditions for products with sales restrictions
The buyer of goods guarantees to fulfil and to obey all sales restrictions mentioned in order confirmation and/or invoice. Furthermore buyer obliges himself for being held liable for any claims, fines and expenses claimed by third parties and resulting from buyer´s activities of marketing, distributing or selling goods with sales restrictions. Any disrespect of sales restriction will lead to a contract fine which is meant to be the triple amount of the agreed sales price. The assertion of further damage claims remains unaffected. The buyer obliges himself to provide Stretex Fashion with a “proof of export” of the purchased items.
Login and Registration (on Stretex Fashion´s website)
The customer assures that all information is complete and correct when registering. By registering, the customer accepts the terms and conditions of the company Stretex Fashion. Stretex Fashion reserves the right to remove customers from registration who violate these terms and conditions.
Samples
Samples required by Stretex Fashion are provided “free of charge” by the seller. In case seller asks Stretex Fashion to return provided samples, all occurring shipping fees (such as packaging, dispatch and wages) will be charged. However, seller has got the option to collect samples in Löhne personally (subject to prior appointment).
Conclusion of contract
Statutory provisions apply to the conclusion of a contract. Customers´ orders will be treated as an application to conclude a binding purchase contract with Stretex Fashion. By accepting customer's order (application acceptance) Stretex Fashion concludes the purchase contract. Any “order receive”
confirmation does not automatically constitute a binding purchase order as it is solely meant to be an information to the customer that his application has been received. As by § 151 clause 1 BGB the customer waives the receipt of an order acceptance. All our offers are subject to change without notice. All details in regard to prices, nature and extent of offered items, colours, weights, materials, etc. are approximate values only.
Right of withdrawal and return
After a contract with Stretex Fashion / Peter Streppel has been concluded provides no right of withdrawal to the buyer since the contract occurred from entrepreneur´s professional business activity as determined in § 14 BGB. Any right to return goods to Stretex Fashion through the buyer requires a case of demonstrably false delivery. Any return or exchange of goods is excluded due to reasons out of Stretex Fashion´s responsibility. Returned goods will be rejected and charged for buyer´s account if they are incomplete or without original packaging. Media of all kinds are excluded from redemption as they were unsealed by the contractor as well as opened consumable goods such as ink or toner. Also any customized goods are excluded from redemption. Customer´s right to claim demonstrably defected goods remains unaffected.
Refusal by the buyer
In case the buyer is not taking / accepting the sold goods, Stretex Fashion / Peter Streppel is entitled to either insist on acceptance or either demand 10% of the purchase price (or at least € 500) as a lump sum reimbursement for claimed damages and expenses. For the duration of delay in acceptance caused by the buyer, Stretex Fashion is entitled to store the merchandise in his own or any forwarder´s warehouse or at any warehouse keeper´s place on buyer´s risk.
During the period of delay the buyer has to pay flat rate storage costs of € 4 per pallet and per week or part thereof without any further proof. Any reduction of this lump sum compensation is subject to customer´s proof that expenses or damages have not occurred. Stored objects will automatically become property of Stretex Fashion in case that storage expenses will exceed good´s actual value.
Transfer of perils / Delivery
Transfer of perils takes place as soon as the shipment is handed over to the buyer by the forwarder.
If in the contract is subject of a mail order purchase in accordance with § 447 para. 1 BGB, transfer of perils takes place as soon as Stretex Fashion hands over the goods to the shipper / forwarder or any other person or company ordered to deliver / dispatch the goods. Buyer has to claim obvious as well as any likely transport damage without undue delay to the shipper / forwarder. Furthermore buyer will subsequently notify company Stretex Fashion. Depending on the chosen INCO term, the way of dispatch, the route of dispatch and the ordered forwarder can be determined by Stretex Fashion.
Conditions of stock lot sale and procurement of stock lot
Any alienation (sale or procurement) of goods takes place on behalf and for account of the principal. The sale of goods takes place ex works as per visual inspection and without any warranty. An inspection and possibly function test is strongly recommended prior to purchase. Details of measurement, data, performance parameters, etc. as per published documents (such as lists, offers, catalogues, etc.), are nonbinding. Entering any area and building for the purpose of visiting or participating in sale negotiations takes place at the expense and risk of prospective buyers. Prospective buyers will be held liable for damages caused due to tests on items and samples.
The handing over of the purchased asset takes place after payment. In case of cashless
payment of the invoiced amount, handover will be executed after the amount has been credited to
our account. Differing terms and conditions are subject to special written agreement.
Costs of dismantling, reassembly and transport of the goods purchased “ex works” will be charged at buyer´s account and risk. Evacuation / forwarding of goods must be carried out immediately after purchase. Any delay in pick-up of merchandise has to be fixed by special agreement and by setting a deadline. Untimely pick-up or delayed cashless payment of the acquired assets entitles the seller (after having set reasonable extension time) to disassemble and to store items at the expense and risk of the purchaser and finally to sell them again. Occurring costs have to be proofed and deducted from amounts already paid The original purchaser is obliged to pay any damage in case that resulting costs will exceed the amount already settled.
Insured shipping inside Germany
Shipment takes place “ex works” unless any another agreement has been concluded in written. Larger consignments will be shipped by forwarders. Shipping costs per pallet is € 60-95 within Germany. Prices for multi-pallet forwarding as well as for shipments abroad are subject to individual inquiry. Self-pick-up service upon request.
Guarantee / warranty / liability
The customer is obliged to inspect goods as soon as they are received (§ 377 HGB). Customer is obligated to examine goods upon receipt and to notify seller immediately about any relevant complaint.
The company Stretex Fashion / Peter Streppel deals with products occurring from broke companies, stock lots and surplus production. In general, customers have no right to claim warranty unless it´s (still) provided by the genuine manufacturer of the goods. We only grant a 14-day takeover warranty for goods we bought (any changes require written amendment). Complaints relating to obvious and visible defects of the delivered goods must be made immediately upon receipt of the goods. The complaint of obvious and visible defects is timely if reported within 5 working days from receipt of goods to company Stretex Fashion. Non-obvious defects must be claimed within 5 working days after been noted. The company Stretex Fashion / Peter Streppel cannot be held liable for any claim being not reported timely in writing.
Liability for minor defects is excluded. These include for example inconsiderable deviations from the agreed quality, minor impairment of usability, the natural wear and tear. It also includes damages caused after transfer of risk has taken place, caused by faulty or negligent consumer handling or excessive stresses which are not foreseen in the contract as well as non-reproducible software errors. Any claim of warranty requires a proper handling of the goods as well as the shipment of the goods, provided with an exact description of the fault and copy of the original invoice. Warranty ends with inappropriate changes made by the purchaser or by third parties and which were not authorized by company Stretex Fashion. Stretex Fashion is not responsible for defects and damages resulting from inappropriate or improper use, non-compliance of application guidelines or faulty or negligent treatment.
In case customer has got the right to claim warranty for delivered goods because of an obvious significant defect, Stretex Fashion has got the option to either eliminate the defect or to deliver goods free from defects.
In case Stretex Fashion opts for eliminating the defect, customer has no right to reduce the purchase price or to claim withdraw from the contract as long as fixing the defect does not fail. Fixing the defect will be considered as “fail” after two attempts remained unsuccessful. Only now the customer has the right to reduce the price or to cancel the contract.
Any unwarranted claim entitles Stretex Fashion to demand compensation of expenses from the customer. An administration fee of € 30, - is accepted, payable by the submitter of the device before returning the item within 10 days.
The company Stretex Fashion liable under the statutory provisions if the customer asserts claims for damages based on intent or gross negligence of the Company Stretex Fashion or their representatives or agents. Moreover, the liability for damages is limited to foreseeable, typically occurring damage. The same applies if the breach of contract is alleged. The liability for culpable injury to life, limb or health remains unaffected as well as the liability according to the Product Liability Act.
We are only liable for false information if advice has been agreed expressly before conclusion of contract. No liability can be assumed for possible aberrations, technical changes to the products and the continued delivery of all goods. Incidentally technical information are not binding and without any guarantee.
Unless determined otherwise in these conditions, the further liability of the company Stretex Fashion / Peter Streppel and their employees, representatives and agents is excluded, regardless of the legal nature of the asserted claim. This applies particularly to claims for damages occurring from breaches of duty or property damage pursuant to § 823 BGB.
Exclusion of warranty despite a claim
As by §442 BGB warranty is excluded if the customer knew the error when concluding the contract or was not aware due to gross negligence. An exception to this principle is, however, if the seller fraudulently concealed the defect or has assumed a guarantee for the quality of the item.
Limitation of time
Warranty claims shall expire 12 months from transfer of risk. This does not apply unless the law compulsorily prescribes longer periods, as well as in cases of injury to life, limb or health, intentional or grossly negligent breach of duty of company Stretex Fashion and fraudulent concealment of a defect. The legal regulations covering the inhibitions, inhibitions and recommencement of limitation periods remain unaffected.
Entitlement of recourse
Customer´s right of recourse against the company Stretex Fashion is limited as stated in §§ 478, 479 BGB unless Stretex Fashion has not agreed to any claim agreements exceeding the statutory warranty. A possibly asserted reimbursement of expenses as by § 478 II BGB is limited to max. 2% of the original purchase price.
Product changes
Product changes or modifications designed to improve quality as well as price changes due to changes in purchasing costs and errors in descriptions and prices are reserved.
Pricing
The offers of Stretex Fashion are exclusively intended for professional buyers. All offers are non-binding unless stated otherwise in the order confirmation. Prices are always binding as agreed in the deal.
All prices are net, ex warehouse excluding VAT and shipping unless any different written agreement.
Price increases occurring after the conclusion of contract and based on the fluctuation of exchange rates, wage or material price increases can be passed on to the buyer in case he is a merchant as by means of the HGB.
Minimum order value
The minimum order value is determined to be € 3,500.00 net.
Billing & payment conditions
All contracts to be concluded in general apply to payment in advance unless agreed otherwise. Cash payments are exclusively to be received by the company Stretex Fashion. Payment on delivery is not possible for organizational reasons.
All invoices must be paid exclusively favour to the business account of company Stretex Fashion. Therefore the following information are necessary:
Our bank details upon request.
In case of delayed payment the company Stretex Fashion is entitled to charge interest of 8% above the base rate of the ECB (European Central Bank). Warning or notifying the customer in advance is not a prerequisite for claiming interest for sales contracts concluded among merchants.
Orders within the EU can be taken only upon presentation of proper tax identification number (VAT-Id.Nr.) of the customer. The company Stretex Fashion is obliged to verify customer´s VAT Nr. when dealing with foreign countries inside the EU. The confirmation of the foreign VAT Nr. through Bundeszentralamt für Steuern is required before further processing of the order by company Stretex Fashion.
For orders from non-EU countries an export certificate is mandatory, otherwise billing can only take with VAT amount being charged. All necessary agreements / authorisation provided by statutory officials for a possible export of the goods (in particular the Bundesamt für gewerbliche Wirtschaft) are subject of buyer´s duty in his own name and at his own expense. Should the export authorization be refused, thus does not entitle the purchaser to cancel the contract.
Title retention
The company Stretex Fashion / Peter Streppel reserves ownership of the delivered goods and services until full payment of all already incurred and all future claims through the buyer has taken place, regardless of any type and any legal reason.
Contract breaching behaviour of the buyer, especially default of payment, entitles the company Stretex Fashion to take the goods back. After redemption of the purchased goods, the company Stretex Fashion is entitled to dispose them. Earnings from disposal shall be deducted from buyer's liabilities after deducting reasonable disposal costs. The company Stretex Fashion also reserves ownership of the delivered goods until all costs already incurred at the time of concluding the contract as well as all costs resulting from further (re-)orders are settled.
The purchaser is entitled to use retention goods for himself or for sale in the ordinary course of business. The company Stretex fashion can revoke the consumption and sale authorization if the buyer fails to fulfil his payment obligations towards company Stretex Fashion. In favour of Stretex Fashion and for security reasons the purchaser hereby assigns all receivables that he acquires from the sale against his customers or third parties as well as receivables from insurance for loss or damage of the goods due to tort action. The buyer is revocable authorized to collect these receivables. The company Stretex Fashion will only revoke and collect the assigned claims if buyer´s payments are delayed, he has stopped payment or he is (likely) about to announce bankruptcy.
The company Stretex Fashion agrees to release its securities at the purchaser's request insofar as the value of the remaining securities exceeds the secured receivables by more than 20%. The choice of securities to be released is at the discretion of the company Stretex Fashion.
The customer is obliged to treat the delivered goods with care. In particular, he is obliged to insure them against fire, water and theft at replacement value. If maintenance and inspection work is required, customer has to carry them out at his own expense.
In case of seizing or any other interventions carried out by third parties, the customer must notify the company Stretex fashion immediately in writing so that prosecution can be started as by § 771 ZPO. If the third party is unable to reimburse the judicial and extrajudicial costs of action as by § 771 ZPO, the customer is liable for the resulting loss.
Severability
In case that some of these terms and conditions or the contract completely or partly are not legally effective or lose their legal validity later, the remaining conditions remain effective. In this case, the parties oblige themselves to replace the invalid provision by a valid one, as far as legally possible. Replacing the non-valid provision shall be carried out by using a legally effective regulation which is closest to the economic purpose of the initial but ineffective regulation and taking account of the interests of the parties expressed in the treaty.
STRETEX FASHION, contract / order - suppliers
The contents of the order shall be determined solely by STRETEX Fashion`s written order and the conditions herein. Deviating or supplementary conditions as well as order confirmations of contractors are not valid, even if STRETEX Fashion contradicts.
The contract will be legally effective only with:
- Law effective signed and immediate returned copy of contract through the contractor by e-mail or in a simple form by fax
- Audit reports and country of origin certificates (online state) of the ordered goods can be presented at any time by the supplier.
If the required audit reports do not exist, STRETEX FASHION reserves the right to debt the supplier with all costs occurring from ordering such audit reports.
Penalties for suppliers of STRETEX FASHION
If goods ordered by STRETEX FASHION will not be supplied despite written confirmation or in case the goods do not meet Stretex Fashion´s conditions of purchase, a penalty of 25% of the net buying price is due for immediate payment.
We also reserve the right to sue for lost profits.
Exceptions are at the discretion of Stretex ´management and need to be settled in writing.
Partial delivery is not possible but has to be agreed with the management in advance.
This also applies to ordered goods which do not meet the requirements of our conditions of purchase!
Place of fulfilment and jurisdiction
Place of fulfilment and exclusive place of jurisdiction for all disputes arising from the contract is Bad Oeynhausen / Germany. The company Stretex Fashion is also entitled to sue at the domicile of the buyer.
For all deliveries, including cross-border, the law of the Federal Republic of Germany is applicable. The application of the CISG is excluded.