Terms & Conditions

of Karlheinz Fehringer GmbH (here called Fantasy Fashion) Date: April 24, 2007

1. GENERAL

FANTASY FASHION accepts agreements, different than in the TERMS and CONDITIONS, only in case that FANTASY FASHION and the client have this agreement done in written form. Otherwise only the following TERMS AND CONDITIONS are valid. Offers are without obligation. The client is obliged to accept deliveries that have been agreed before. The obligation to accept formerly agreed deliveries is one of the main obligations of the client. In case of FANTASY FASHION's due of indemnification because of a client not fullfilling an agreement, FANTASY FASHION has the right to charge the client a flat-rated indemnification of 25% of the agreed price.   

 

2. PRICES and TERMS of PAYMENT

All prices for endconsumers are including german VAT and plus shipping-costs and cargo-insurance. All prices for business-clients are plus german VAT, plus shipping-costs and cargo insurance. VAT isn't charged to clients having their residence outside European Union and neither to clients having their residence within European Union and having a valid VAT.-No. (Partita-Iva.). Invoices are to be paid within 14 days from invoice date. The client is allowed to pay less only in case that FANTASY FASHION agrees or in case that valid ascertained. In case that the terms of trade aren't followed, FANTASY FASHION has the right to charge to the client without an additional advance notice allowances for reminders as well as interest customary in banking.

 

3. RETENTION OF TITLE

  • 1. The delivered goods remain property of FANTASY FASHION until paid completely. In case that payments aren't done in time by the client, FANTASY FASHION has the right to deny any further deliveries despite contractual agreements. In consequence the client doesn't have any right to charge FANTASY FASHION any indemnifications.
  • 2. In case that goods under the RETENTION OF TITLE are used to produce ''new things'' of them, the production is done for  FANTASY FASHION without any obligations to FANTASY FASHION. The ''new thing'' automatically  becomes property of FANTASY FASHION. In case that during production-process of ''new things'' are used goods of FANTASY FASHION mixed with goods that are from 3rd party, FANTASY FASHION automatically acquires ownership of the ''new things'' partly in the value of the used goods of the TITLE OF RETENTION of FANTASY FASHION in relation to the total value of the ''new thing'' 
  • 3. The re-seller is allowed to sell goods under the RETENTION OF TITLE only in consideration of the following ''points'' and only in case that the receivable is transferred to FANTASY FASHION according to No. 5
  • 4. The permission of selling goods under the TITLE OF RETENTION of FANTASY FASHION ends in case of  FANTASY FASHION's cancellation due to worsening of the financial situation of the client, latest with stoppage of payment or declaration of bankruptcy of the client.
  • 5. The buyer dispones the receivables of the sales of the goods under the TITLE OF RETENTION to FANTASY FASHION including all additional ancillary rights. In case that during production process FANTASY FASHION's goods were mixed with 3rd party goods and if the seller gained property of the .new thing. in part value, the receivable is entitled to the seller only partly in the value of his goods.
  • 6. The seller is authorized to gain the receivables from his/her client(s) as long as the seller keeps paying the receivables to FANTASY FASHION. This authorization ends in case of FANTASY FASHION's cancellation, latest in case of  worsening of the financial situation of the client, stoppage of payment or declaration of bankruptcy of the client. In those cases FANTASY FASHION is authorized automatically by the seller to inform the seller's clients about the assignment of the receivables and to draft the receivables directly from the seller's client(s). In case that FANTASY FASHION demands a list of the receivables entitled to FANTASY FASHION the seller is obliged to  give such a list to FANTASY FASHION, indicating names and addresses of the clients, amounts of the receivables, invoice-dates etc. and to give to FANTASY FASHION any kind of information in concern of the assertion of the assignment of receivables.
  • 7. Pledging of goods under the RETENTION OF TITLE and/or asserted receivables is forbidden. In case of pledgings FANTASY FASHION is to be informed immediately!
  • 8. In case that FANTASY FASHION takes back any formerly delivered goods, the contract is cancelled only in case that FANTASY FASHION declares so explicitly. In case of demand, the client is obliged to tolerate the picking-up of goods or rather to send the goods to FANTASY FASHION on the client's own costs and own risk. The client in this case has to pay the costs for the transport of the goods to FANTASY FASHION. 
  • 9. The client stores the goods under the TITEL OF RETENTION free of charge for FANTASY FASHION. The client is obliged to insure the goods against dangers as e.g. fire, robbery and water etc. in the necessary value. The client asserts to FANTASY FASHION all claims of retentions that are resulting of any kind of damage or danger and that the client would have to his/her insurance(s) or 3rd parties that are obliged for retentions. The asserts to FANTASY FASHION are to be done in the value of the receivables for FANTASY FASHION's goods.
  • 10. Any receivables as well as rights and obligations resulting of the RETENTION OF TITLE and all indicated variations in these terms remain persistant until all eventual liabilities are paid.

 

4. DELIVERY TIME

Obligatory delivery times need to be agreed in written form by FANTASY FASHION and the client. Any obligation of delivery remain with reservation for that FANTASY FASHION itself receives deliveries of it's suppliers in time and also contractual. Partial deliveries of FANTASY FASHION to the client are to be tolerated. Delay in delivery by FANTASY FASHION isn't given in cases of force majeure as well as in consequence of incidents, that make it (more) difficult or even impossible for FANTASY  FASHION to deliver. Such incidents are e.g. not issueing regulatory approbations (e.g. customs etc.), force majeure, strikes, turmoils, problems in getting (raw-)materials or disturbances of other kinds as e.g. fire, lockouts etc. no matter if those happen to FANTASY FASHION, to the supplier(s) or  their sub-suppliers. FANTASY FASHION doesn't take any responsibility for such incidents even that they happen in case of delays in delivery. Incidents not caused by FANTASY FASHION but delaying or avoiding delivery don't oblige FANTASY FASHION to any kind of indemnifications.

 

5. SHIPPING, TRANSFER OF PERILS & ACCEPTANCE

The danger of damage or destruction are transferred to the client as soon as the client receives the goods. In what concerns shipments to FANTASY FASHION the sender bears all risks, especially in what concerns the transport until the goods arrive at FANTASY FASHION. The client or receipient of the goods is obliged to check the goods for completeness and intactness immediately. FANTASY FASHION accepts complaints only in written form (e.g. Fax, e-mail, letter) by receiving back the goods of end-customers only within a period of 1 month starting from invoice date and complaints of retailers, resellers etc. only within a period of 14days starting from invoice date. After that period / those periods having elapsed, the goods are considered accepted as immaculate. Exiguous variations of goods in concern of  design, color, size etc. don`t authorize the client to any claim(s). Have the goods any marks of usage, only FANTASY FASHION decides if the goods are taken back. Any resulting costs are to be beared by the client. In what concern orders of business customers, offices or whole-salers, only FANTASY FASHION decides if goods are taken back. The client is obliged to accept special design products especially produced for the client. Custom-made products are excluded of return(s). Goods, picked-up by the client his-/her-self directly from a stand at a fair, from our truck or directly from FANTASY FASHION's stocks, are excluded of return(s) and/or exchange! In case that delivered goods vary much of the ordered goods in concern of color, size  or whatsoever, the end-customer is obliged to return the goods within one month and the retailers, wholesalers etc. are obliged to return goods within 14 days (both starting from invoice-date) to FANTASY FASHION. Elapses that period, the goods are considered accepted as immaculate and the associated invoice falls due completely latest after the period having elapsed.

 

6. GUARANTEE

The period of guarantee for all goods delivered by FANTASY FASHION lasts 24 moths for endcustomers and 6 months for business-clients. Excluded are jewelry, handbags and items for jewelry-production as well as used items. Used items have a period of guarantee of 12 months max. for end-consumers and 6 months max. for business-clients if not agreed differently. The period begins with arrival of the goods. Are any parts changed or exchanged by the client any obligation for guarantee dispenses for FANTASY FASHION. The same dispense happens in case that the goods aren't stores suitable or in case of 3rd party intervention(s). In case of claims the client is obliged to return defective items at own costs and own risk and with a copy of the associated invoice to FANTASY FASHION. In case of legitime claim(s) it's up to FANTASY FASHION to decide upon possible exchange, subsequent improvement or possible diminuition of price(s). Replaced parts remain property of FANTASY FASHION until the delivered goods are paid for completely.

 

7. REVOCATION / RETURN

The end-consumer has the right to return goods within a period of one month starting with invoice-date in case that the delivered goods are goods ex stock and in consequence not produced or ordered especially for the client. The revocation has to be done within one month in written form by letter, fax or e-mail or by returning the goods in time to FANTASY FASHION. In case that the revocation is doe in written form, the goods are to be returned imediately to FANTASY FASHION. For returning goods to FANTASY FASHION the original packaging is to be used. For returns of what the value of the goods is less than 40,-Euro (incl. german VAT), the client is obliged to bear the costs for returning the goods to FANTASY FASHION. In case that the value of the goods exceeds 40,-Euro the client is to pre-pay the costs for the return (postage) to FANTASY FASHION - those costs will be given back to the client by FANTASY FASHION. Please note that in case of parcels arriving in FANTASY FASHION's office without pre-paid postage FANTASY FASHION will decline acceptance of such parcels without any exceptions and additional costs resulting in consequence are to be beared by the client!

Is the condition of the goods delivered by FANTASY FASHION changed in any way in comparisson to the delivery status, the goods are debarred from return/revocation!

 

8. COMMITMENT

When executing orders that aren't consisting of goods of the collection of FANTASY FASHION it is not obligation to FANTASY FASHION to verify if any copy-rights, trade-marks or patant rights of any 3rd party is/are infringed. The client is obliged to release FANTASY FASHION of any commitments and demands resulting of 3rd party indemnifications.

 

9. FINAL PROVISIONS

For the TERMS AND CONDITIONS between FANTASY FASHION and the client, the law of GERMANY is binding. Other national laws are exclude. Place of fullfillment in concern of deliveries of FANTASY FASHION is Bamberg, Germany. As far as tolerable, jurisdiction for judicial conflicts of and against FANTASY FASHION is Bamberg, Germany. As far as one or more of the previous mentioned regulations of these TERMS AND CONDITIONS don't have or lose their legal force, the other regulations remain unaffected.

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