Terms of Hooligan Streetwear & Backer Dann GbR (hooligan)
§ 1 Scope
(1) These terms and conditions apply to all offers, services and sales transactions, Hooligan Streetwear & Backer Dann GbR, shortly hereinafter hooligan. This also applies to future offers, services and capital transactions between the same parties, without being required a repeated agreement.
(2) Competitive and / or business or deviating conditions of purchase shall only apply if this hooligan has expressly acknowledged in writing and waives the application of its own terms and conditions. Counter-confirmations of the customer with regard to its business or purchase conditions are hereby expressly excluded.
(3) The contents of any, Met individual agreements between the parties is not affected by these Terms and Conditions.
§ 2 Offer and conclusion of contract
(1) The offers of hooligan are non-binding. Declarations of acceptance and all orders need to be legally valid confirmation of hooligan at least in text form. The customer is bound at least four weeks at his orders. Hooligan can accept the order within this period, at its option by sending an order confirmation or the fact that the purchaser within this period, the goods will be delivered.
(2) Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed in writing between the parties.
(3) The scope of services to be provided shall be in the contents of the order confirmation of hooligan.
(4) Sale of hooligan employees are not authorized to make oral agreements or to give verbal commitments that go beyond the content of the written contract / order confirmation. For this purpose, any statements made are not legally binding.
§ 3 Delivery
(1) The delivery of goods from stock hooligan in Frankfurt. Shipping and transport costs borne by the customer.
(2) Hooligan is entitled to make partial deliveries to a purchase order and invoice. Each partial delivery is regarded as an independent transaction.
(3) The goods shipment is not insured, unless expressly requested by the customer in writing of the transport insurance. If the customer requests the transport insurance, he has to bear the costs incurred.
(4) If the inspection is for reasons attributable to the Purchaser, on time, Hooligan is next to the right to fulfill the right to, after setting a grace period of at least 10 days to either withdraw from the contract and / or claim damages for non-performance.
§ 4 Delivery
(1) Delivery dates or deadlines, which can be binding or non-binding, in writing.
(2) The commencement of the delivery period the previous hooligan, hooligan satisfactory, clarification of all technical and specifications that are required for the execution of the order ahead. The delivery period starts only when advance payments that are agreed between the parties, received by hooligan.
(3) If the hooligan agreed with the customer delivery period, the purchaser is obliged first to put in writing Hooligan a reasonable period of at least 4 weeks. Hooligan is unable to meet this deadline, it is entitled to rescind the contract. The purchaser is entitled only after fruitless expiry of this deadline to withdraw from the contract.
(4) Claims for non-performance, in particular claims for damages and delay damages, including lost profits or other financial damages of the customer or in the event of cancellation by the customer are excluded. This disclaimer does not apply if the damage is caused by intent or gross negligence of its agents or hooligan. This also does not apply if the customer makes a claim damages for injury to life, body or health. Is a contractual obligation negligence, the liability of hooligan is limited to the damage foreseeable at the conclusion of the contract.
(5) Delivery and service delays due to force majeure and due to events that hooligan delivery difficult or impossible - this includes in particular operational breakdowns, strikes, lockouts, shortage of personnel, authorities, etc., even if they are from suppliers of hooligan or their their sub-suppliers - Hooligan is not responsible even if binding agreed deadlines and dates. They entitle Hooligan, postpone delivery or performance by the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract not yet fulfilled completely or partially.
(6) If the impediment lasts longer than three months, the purchaser is entitled to a reasonable grace period to withdraw from the contract not yet fulfilled. If the delivery time or will Hooligan released from its obligation, the buyer shall have no claim for damages. In the circumstances mentioned Hooligan may only claim if they notify the customer immediately.
(7) Hooligan is entitled to make delivery of the goods before the agreed delivery date with discharging effect.
(8) If the customer delays acceptance or violates other cooperation obligations, Hooligan is entitled to claim the damage you caused, including any additional expenses and lost profits.
§ 5 Passing of risk
(1) The risk of loss passes to the customer once the shipment has been handed over to the person performing the transport or has left the warehouse for shipment of hooligan. This applies even if the transport is exceptionally performed by Hooligan itself. If the shipment is delayed at the request of the customer, the risk is with the notification of readiness to ship it.
(2) In default of acceptance of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the purchaser at the time, in which he falls in default of acceptance.
§ 6 Prices
(1) Unless otherwise specified, Hooligan is bound to the prices in its offer 14 days from date of issue.
(2) All deliveries of hooligan done to those mentioned in the order confirmation, prices include the applicable sales tax. In the absence of a written order confirmation, valid on the day of shipment list price of a hooligan, plus applicable sales tax apply. The extent not regulated otherwise, the prices of hooligan "ex works", excluding packaging, transport and insurance costs, which are each calculated separately apply. The prices are net in euro (€), when it is not explicitly written in any other agreement between the parties. Additional deliveries and services are charged separately.
(3) Hooligan may require advance payments and payments by the purchaser in accordance with the agreements in the order confirmation.
§ 7 Payment / Payment
(1) Invoices are payable by the purchaser of hooligan without deduction within 14 days net from date of invoice. Other applies only if the parties have agreed in writing at least one other agreement. Incoming payments are first allocated to the oldest liability of the buyer even if the provisions of the Purchaser be different. Costs and interest have already been incurred, Hooligan is entitled to offset the payment against the costs, then the interest and finally against the principal. A payment shall be considered made when hooligan can finally dispose of the amount. Exchange and checks are accepted free of costs and expenses on account of performance and hooligan. However, their rejection, Hooligan expressly reserves.
(2) If the purchaser defaults, Hooligan is entitled to interest at the rate of 8 percentage points above the base rate (§ § 247, 288 II BGB) shall be calculated as liquidated damages, in the event that the Customer is a consumer, shall be the liquidated damages claim at 5 percentage points above the base rate (§ § 247, 288 I BGB). Hooligan may at any time prove a higher interest damages and penalty. A reminder conditions is not required. The customer is entitled to prove the existence of a hooligan minor damage. Hooligan to assert further damages caused by default reserves the right at any time. Hooligan is entitled to withhold further deliveries to the Buyer until due invoice amounts when you are received or after their election by all or individual supply contracts that exist with the customer to withdraw.
(3) The customer has a right of retention or set-off in respect of such counter-claims which are expressly accepted in writing by hooligan or legally established. To withhold the purchaser is entitled, however, also due to counter claims from the same contractual relationship.
§ 8 Retention of title
(1) All goods delivered until full payment of all of the business relationship with Hooligan resulting current and future demands, including ancillary claims and any claims for damages property of hooligan. The buyer can sell the goods in the ordinary course of business operation under the condition further, that he also agreed with its customers retention in accordance with the above regulations. The resale right is void if the customer is in default with respect to Hooligan Hooligan and revoke the resale right in writing.
(2) The right of disposal of the buyer automatically expires when it has made towards hooligan or have his financial situation considerably worsened or initiated against his assets out of court settlement or judicial insolvency proceeding is instituted.
(3) In the event of resale, the purchaser hereby assigns by way of security to the satisfaction of all claims of Hooligan, which may result from the resale against his customers, including all ancillary claims in full to hooligan from. Hooligan accepts the assignment. At the request of the purchaser is obliged hooligan, hooligan immediately to give all information and documents required to assert the rights of hooligan against the customer of the customer.
(4) Hooligan will not collect the assigned receivables as long and do not make the customer of the customer as long as the transfers known as the customer meets his payment obligations towards hooligan. The purchaser is obliged to give hooligan at the request of third party debtors immediately and to notify the assignment hooligan.
(5) Hooligan agrees to release its rights under the foregoing provisions of security rights of their choice to the customer's request, as their value exceeds the claims to be secured, taking into account the value added by the buyer at least 20%. Hooligan authorizes the Purchaser irrevocably entitled to their assigned claims on their behalf in their own name. The authorization can only be revoked if the customer meets his payment obligations properly or his financial situation has deteriorated significantly.
(6) Without the consent of any hooligan pledge or transfer of ownership of the goods is excluded in favor of third parties.
(7) By distraint or seizure is to notify Hooligan, specifying the pledgee, its address immediately, and the mortgagee is noted by the buyer to the property of hooligan.
(8) In the case of an existing application on the opening of the insolvency or bankruptcy or rejection of such a lack of assets, the purchaser is obliged Hooligan on first request to return the undamaged reserved goods. Hooligan will credit the customer for returned goods subject to retention of the proceeds of the invoice amount they made in the best possible recovery (§ 254 BGB).
(9) For breach of contract, in particular default in payment, Hooligan is entitled, but not obliged, in whole or in part to redeem, or request assignment of claims against third parties for the reserved goods. The parties agree that in the withdrawal or seizure of the goods by hooligan or the cancellation of debt collection rights of a withdrawal from the contract is to be seen. This applies only to the extent not otherwise legal provisions of the Civil Code necessarily apply.
(10) By processing the goods, the buyer acquires no title to the / new thing / n The processing is carried out by the buyer for hooligan. When processing is likewise under retention of title Hooligan automatically acquires ownership of the new item in proportion of the invoice value.
(11) (If any provision of title or § 8 of the whole to be invalid, alternatively, apply the appropriate control of the retention of title by the standard conditions of the German textile industry.
§ 9 Warranty
(1) In the event that the purchaser is an entrepreneur, Hooligan visible within a year, according to the legal provisions guarantee that their product is free of defects (§ 434 BGB). If the goods are not used as intended, any warranty. The statutory provisions on the liability for defects is the buyer is a consumer, as applicable.
(2) complaints about the goods are hooligan immediately, within one week of receipt of the goods to be notified in writing. The timeliness of the notification of receipt by Hooligan is relevant. If the customer has started to process the delivered goods or to otherwise change, any complaint about the product is excluded.
(3) Commercial or small, technically unavoidable deviations in quality, color, size specification, weight, equipment and design can not be rejected.
(4) In case of justified complaints Hooligan has at its discretion the right to repair or replace defective replacement goods within 4 weeks after receipt of returned defective goods (subsequent performance). The above provision does not apply to such contracts in which a consumer is involved.
(5) If Hooligan to remedy not willing or able, especially if this is delayed, has to represent adequate period of time due to hooligan or fails in any other way, the subsequent performance fails, the customer can withdraw at its option terminate the contract or require an appropriate reduction of the consideration.
(6) Unless the following is not to the contrary, any further claims of the customer - for whatever legal reason - are excluded. Hooligan therefore not liable for damages that are not caused to the delivery or service itself; particular Hooligan not be liable for lost profits or other financial damages of the customer.
(7) The exclusion described in paragraph 6 shall not apply Hooligan is responsible for the loss and damage caused by intent or gross negligence of its agents or hooligan. In addition, hooligan only liable for damage claims of the customer due to injury to life, body or health. Legal Disclaimer The foregoing also applies not if Hooligan has assumed a guarantee for the cause (§ 444 BGB). However Hooligan liable for culpable violation of essential contractual obligations which are not due to intent or gross negligence, for the typical, reasonably foreseeable. The liability of hooligan is a contractual obligation breached, however, is limited to the foreseeable damage.
(8) the liability of hooligan is excluded Beyond the scope of paragraph (6) and paragraph (7) shall be replacement of duty, and to the extent permitted by law.
(9) Liability for normal wear and tear is excluded.
(10) Warranty claims against hooligan are entitled only to the purchaser and are not transferable.
§ 10 Liability of dealing
(1) Where in accordance with § 9 of the hooligan liability is excluded or limited to damages, this also applies to all claims for negligence in the contract and the breach of obligations.
(2) is far from Hooligan's liability is excluded or limited, this is permitted by law to the personal liability of its employees, servants, employees, representatives and agents.
(3) For erroneous advice or erroneous information on the quality and characteristics of their services hooligan only liable for intent and gross negligence by its legal representative or its authorized to provide information, particularly qualified employees.
§ 11 Motives
The Purchaser shall bear the risk of legal permissibility of the use of hooligan-related embroidery or print motifs for the respective purpose pursued by him, unless otherwise agreed in writing beforehand was something else with hooligan. In particular, Hooligan is not liable for the use of such motives does not violate any third party rights. The Purchaser shall Hooligan be released from any and all claims of third parties.
§ 12 Motives
The embroidery program produced by Hooligan within the manufacturing remains the property of hooligan and can not be requested by the customer out. It is not included in the purchase transaction.
§ 13 Place of performance and jurisdiction
(1) The place of performance for deliveries incurred by hooligan is in Frankfurt am Main.
(2) The exclusive place of jurisdiction for disputes arising from the contractual relationship shall be Frankfurt am Main. This applies only to the extent that a jurisdiction agreement is legally permissible.
§ 14 Confidentiality
(1) The customer agrees to hold all, known to him in connection with the execution of this contract confidential information and trade secrets of hooligan for the contract period and for the period of 3 years after termination of the agreement secret, third parties are not accessible to make to use only the performance of the contract and not to be used for commercial purposes, unless it is a written agreement has been made.
(2) With the exception of paragraph 1, such information and data, which are generally known.
§ 15 Data Protection
Hooligan is entitled to process the personal data of the customer for their own purposes. In the framework of the provision of contractual services Hooligan observe the relevant data protection legislation. Data processing services performed by hooligan on behalf of the purchaser.
§ 16 Final provisions
(1) The law of the Federal Republic of Germany applies to these Terms and Conditions and the entire legal relationship between the customer and hooligan. The UN Convention on the International Sale of Goods (CISG) is expressly excluded.
(2) Subsidiary agreements, amendments and / or additions to these Terms and Conditions must be in writing. The same applies for the amendment of the written form requirement Verbal collateral agreements do not exist.
(3) If any of the above provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall remain unaffected. Each invalid provision shall be replaced by an economic meaning and purpose appropriate, permissible regulation. The same applies in the presence of a loophole.