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Terms and Conditions

General Terms and Conditions of DGN Fashion GmbH

1. General

The deliveries, services, and offers of DGN Fashion GmbH (DGN) to its business customers are made exclusively on the basis of these terms and conditions. Offers are subject to change without notice. DGN does not accept any deviating terms and conditions of the customer unless expressly agreed in writing.

2. Price, payment, counterclaims

2.1 The price is exw (ex works, Incoterms 2010) from DGN’s registered office or directly from the distribution warehouse or the registered office of the sub-supplier and plus any applicable VAT, unless otherwise agreed in writing in individual cases.

2.2 The purchase price is due within 60 days of the invoice date, unless otherwise agreed in writing. For payments within 10 days of the invoice date, we grant a 4% discount, and for payments within 30 days, a 2.25% discount.

2.3 Payments are to be made to our account at Commerzbank Hamburg, stating the customer and invoice number of the buyer as well as the invoice date.

IBAN: DE97 2004 0000 0471 5678 00 , BIC/SWIFT: COBA DEFF XXX.

2.4 The Buyer is only entitled to offset if its counterclaims have been legally established, are undisputed, or have been acknowledged by DGN. Furthermore, the Buyer is only entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

2.5 In the event that DGN is obligated to provide advance performance, it may refuse to provide the performance incumbent upon it if, after conclusion of the contract, it becomes apparent that its claim to consideration is jeopardized by the buyer's inability to perform (see Section 321 of the German Civil Code). The right to refuse performance ceases to apply if the consideration is provided or security is provided for it.

3. Delivery, transfer of risk

Compliance with an agreed delivery time is subject to the timely fulfillment of the contractual obligations assumed by the buyer. Correct and timely self-supply remains reserved. Customary quantity deviations are permissible. In the event of a delivery delay, the buyer is only entitled to assert claims for damages if a reasonable grace period for delivery set by the buyer in writing after the occurrence of the delay has expired without result and the delivery delay is attributable to DGN. If and to the extent reasonable, DGN is entitled to make partial deliveries. If shipment by DGN has been agreed, this shall be at the buyer's risk – even if DGN bears the transport costs. Government measures, riots, strikes, lockouts, fire, bottlenecks in the supply of materials or energy, transport disruptions, and other reasons beyond DGN's control that delay normal production or shipment are deemed "force majeure" and entitle DGN to postpone the delivery date accordingly. DGN is obligated to notify the buyer of such circumstances immediately. If a delayed performance due to the events becomes unreasonable for one party, that party is entitled to withdraw from the contract.

4. Retention of title

DGN retains title to the delivered products until all claims arising from the business relationship with the buyer have been paid in full. The buyer may sell the reserved goods owned by DGN in the normal course of business; pledging, transferring ownership by way of security, or assigning them as security is not permitted without DGN's express written consent. The buyer hereby assigns to DGN in advance all claims arising from the resale of the reserved goods. This also applies if the products are sold together with other products not belonging to DGN for a total price. Assignments within the meaning of this paragraph shall always be limited to the invoice price of the reserved goods. The buyer is authorized to collect the assigned claim until revocation, which may be permitted at any time. DGN hereby accepts the buyer's assignments provided for in this section. DGN undertakes, at its discretion, to release the securities to which it is entitled under the above provisions at the request of the buyer, to the extent that their value exceeds the secured claims by more than ten percent. If the buyer defaults on a payment, DGN may prohibit the buyer from disposing of the reserved goods in full or, at its discretion, in part, e.g., only from selling them. If the effectiveness of the retention of title requires the buyer's cooperation, for example, in the case of registrations required by the law of the buyer's country, the buyer must take such actions. If the buyer meets the objective requirements for the obligation to file for insolvency, the buyer must notify DGN immediately and may only dispose of the reserved goods with DGN's written consent.

5. Warranty, liability for defects

The buyer is obligated to inspect the goods immediately and report any obvious defects without delay. Twelve calendar days from delivery are considered prompt. Failure to do so will result in the goods being accepted for sale in accordance with Section 377 of the German Commercial Code (HGB). The buyer must report any hidden defects to the seller immediately upon discovery. In the case of justified complaints about defects, the buyer has the right, at the seller's discretion, to repair or delivery of defect-free replacement goods. In this case, DGN shall bear the freight costs. Returns can only be sent with a processing number. The buyer can obtain this by telephone at +49(0)40-55 97 89 0 (fax: +49(0)40-55 97 89 10). Collection of the goods will then be arranged at DGN's expense. Return fees are not accepted. If subsequent performance fails, the buyer only has the right to reduce the purchase price or withdraw from the contract, unless Section 6 applies. Minor, technically unavoidable deviations in quality, color, width, weight, or design are not subject to complaint. This also applies to customary deviations, unless DGN has declared in writing that the delivery conforms to the sample.

6. General Liability

Claims for damages of any kind against DGN and its legal representatives and vicarious agents are excluded unless there is intent or gross negligence, or the breach of a material contractual obligation. A material contractual obligation in this sense means any obligation the fulfillment of which is essential for the proper execution of the contract and on whose compliance the buyer can regularly rely. However, liability is limited to compensation for foreseeable damage typical of the contract, unless there is intent. The above limitation of liability and exclusions of liability do not apply to liability under the Product Liability Act or to cases of injury to life, limb, or health. The buyer's claims for reimbursement of expenses pursuant to Section 284 of the German Civil Code (BGB) are waived to the extent that a claim for compensation for damages instead of performance is excluded under the above provisions.

7. Distribution system

The buyer is a member of the DGN selective distribution system and may only sell the delivered goods in retail stores operated by the buyer, which have been notified to DGN in writing or specified in the order, e.g., as the delivery address, and which are approved by DGN. The buyer may only sell the delivered goods to end customers or DGN-authorized dealers.

8. Place of performance, choice of law, place of jurisdiction and arbitration agreement

The place of performance for deliveries and for the fulfillment of warranty claims is the respective supplying plant. The exclusive place of jurisdiction is Hamburg if the buyer is a merchant, a legal entity under public law, a special legal fund, or has no general place of jurisdiction in Germany. The plaintiff is entitled to alternatively appeal to the Arbitration Court of the Hamburg Chamber of Commerce. If this happens, the arbitration court shall have exclusive jurisdiction over the claims asserted in the action. The defendant is entitled to file a counterclaim before the arbitration court. The place of arbitration is Hamburg; the language of the proceedings shall be German. The proceedings, and in particular the taking of evidence, shall be governed by the rules of the Rules of the Hamburg Arbitration Court of the Hamburg Chamber of Commerce and the rules of Book Ten of the Code of Civil Procedure. To the extent that a party is required to reimburse the other party for legal fees in connection with the arbitration proceedings, these fees shall be limited to the costs chargeable under the Lawyers' Remuneration Act (RVG). The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9. Miscellaneous

In addition, the uniform terms and conditions of the German textile industry in the version dated January 1, 2015, apply. In the event of a conflict, the terms and conditions of DGN shall prevail.

DGN Fashion GmbH
Modering 11
22457 Hamburg
Germany
 +49 (0)40 559789-0
contact@dgnfashion.de


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