General Terms and Conditions of JCC Ledermoden Vertriebs GmbH

General Information
These terms and conditions apply to all contracts we conclude, which concern the sale of goods by us to the customer. Deviating provisions are only valid if expressly agreed upon. If additional agreements are made, these General Terms and Conditions will apply as supplementary and subordinate. According to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.

I. Offer
Our offers and the information in our catalogs are non-binding unless expressly stated otherwise. The customer’s order constitutes a binding offer to conclude a purchase contract. A contract is only formed with our order confirmation and not merely with the receipt of the order. In our factory outlet, the purchase contract is concluded when the purchase price is paid at the checkout.

II. Prices
In our factory outlet, product prices include the applicable VAT at the time of purchase. If the customer is not a consumer, the prices, unless expressly stated otherwise in our offer or order confirmation, are understood to be for deliveries and services ex works, excluding packaging, transport, and insurance, plus the VAT applicable at the time of delivery.

III. Payments

  1. The customer agrees to receive invoices from us in electronic form at our discretion. We are entitled to offset payments against the oldest due claim, including any interest accrued for delay.
  2. Invoices for purchase price claims are payable within 14 days of receipt. If the customer does not pay within this period, they will be in default on the 15th day after receiving the invoice. In such cases, we reserve the right to execute outstanding deliveries only against prepayment or the provision of security. If the customer’s creditworthiness deteriorates significantly after the conclusion of the contract, we are entitled to withdraw from the contract unless the customer is prepared to provide performance on a cash-on-delivery basis or provide security despite being requested to do so.
  3. The customer may only offset claims that are undisputed or legally established.

IV. Delivery

  1. Delivery dates are only binding if expressly agreed upon. In case of doubt, the delivery dates mentioned in the order confirmation apply unless expressly marked as non-binding. The agreed dates are deemed met when the goods are reported ready for shipment, even if delivery is delayed due to no fault of ours.
  2. We are entitled to make partial deliveries and corresponding partial invoicing.
  3. Agreed delivery periods are extended appropriately if they cannot be met due to force majeure, especially labor disputes or other operational disruptions beyond our control, including those affecting suppliers.

V. Transfer of Risk; Shipment
If the customer is a consumer, the risk of accidental loss, destruction, or deterioration of the goods passes to the customer upon delivery. Otherwise, the risk passes to the customer once we make the goods available for collection and inform the customer or when the goods are dispatched. If the shipment is delayed due to circumstances beyond our control, the risk passes to the customer on the day of notification of readiness for shipment. If the goods are to be shipped to another location at the customer’s request (who is not a consumer) without specifying the shipping method, we are entitled to choose the shipping method at our discretion. The customer bears the shipping costs. Transport insurance will only be taken out upon the customer’s instruction and at their expense.

VI. Warranty

  1. The customer acknowledges that minor deviations in size, color, quality, weight, finish, or design from samples or images may occur due to the technical nature of garment production. Such minor deviations do not constitute a defect.
  2. The statutory warranty period applies to consumers. If the customer is not a consumer, the warranty period for new goods is one year from delivery. This shortened limitation does not apply if we have fraudulently concealed a defect or if longer periods are prescribed by law, especially under § 479 BGB (recourse claims) or in cases of mandatory liability as per Section VII.2.
  3. If the customer is not a consumer, we are entitled, at our discretion, to remedy the defect or deliver a defect-free item.
  4. If the customer is not a consumer, they must give us or a third party responsible for warranty work the required time and opportunity to perform the warranty work unless supplementary performance is refused by us. The limitation period is suspended for the duration of the supplementary performance.
  5. If replacement deliveries or repairs are not covered by the warranty, the customer is liable for reasonable shipping and packaging costs, as well as for the remuneration of our services.

VII. Liability

  1. All claims for damages or reimbursement of expenses by the customer against us, regardless of the legal basis, including breach of contract, pre-contractual fault, other breaches of duty, or tortious claims, are excluded.
  2. The liability exclusion does not apply if the damage is due to intentional or grossly negligent conduct by us, our representatives, employees, or vicarious agents; if the damage is due to bodily injury, life, or health caused by us or our representatives; or if we are mandatorily liable under the German Product Liability Act.
  3. If our liability for damages is excluded or limited, this also applies to the personal liability of our representatives, employees, or vicarious agents.
  4. The above provisions do not imply a change in the burden of proof to the detriment of the customer.

VIII. Retention of Title

  1. The purchased goods remain our property until the full purchase price has been paid. The customer is obliged to keep the items in our ownership without charge as a contractual obligation.
  2. The customer, who is not a consumer, may resell the goods only under retention of title and as long as they are not in default of payment.
  3. Upon our request, the customer must inform us in writing of the claims arising from the resale. The proceeds must be kept separate from other assets.
  4. If the customer is in default, we are entitled to take back the goods.
  5. The customer must inform third parties about our ownership if the goods are subject to seizure or legal claims by others.

IX. Online Dispute Resolution, Jurisdiction, and Applicable Law

  1. The European Commission provides a platform for online dispute resolution: http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in a dispute resolution process before a consumer arbitration board.
  2. Jurisdiction for disputes with customers who are merchants is Esslingen for claims up to €5,000, and Stuttgart for claims exceeding this amount.
  3. German law applies to all legal relationships, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).