§ 1 Content of the contract:
Clothes, accessories and jewelry that are personally made, ordered and modified for customers are unique and cannot be sold to any other customer. For this reason and due to the expense, logistics and trading costs incurred, your order cannot be cancelled. The client orders garments from the contractor, which are made individually according to the client’s body measurements and wishes, based on the current basic models.
§ 2 Order acceptance:
1. the client can place his order personally with us or by written order. In the case of external dimensions, any warranty regarding the fit is excluded.
2. the client is obliged to check the articles and forms noted on the order, together with special requests, before signing.
§ 3 Measurements:
1. to ensure the fit desired by the client, it is the client’s responsibility to inform us of any special features of the garment when taking measurements and the purpose of the garment.
2. the customer has the obligation to inform us carefully about the desired length measurements of his clothing, as requests for changes of this kind cannot be accepted at the time of collection.
3. it is strongly recommended to have the measurements taken by a professional (e.g. a dressmaker of your choice), as we do not assume any liability in case of measuring errors. You can enter your individual measurements during the ordering process.
4. for taking measurements without placing an order we charge a processing fee of € 30,-, which will be invoiced when the order is placed.
§ 4. Down payment:
Since custom-made products are manufactured according to the measurements of our customers, we charge a customary deposit of 100% of the purchase price.
§ 5 Written order:
Orders that are not placed and signed personally by us can only be considered in written form based on existing measurements. Orders can only be processed if a deposit of at least 100% has been paid by bank transfer.
§ 6 Order acceptance on the basis of existing measurement:
If the client waives renewed measures when placing the order, no fit guarantee can be given. This also applies to written orders. It is important that there are no changes in weight and/or growth at the customer’s premises since the last measurement and that the customer states the form and purpose of the garment when placing the order and agrees to any changes in fashion requirements.
§ 7 Conversion and redemption:
Our goods are excluded from exchange and return. Ordered and already prepaid goods cannot be exchanged. An exchange or a return of the goods is generally not possible.
§ 8 Order change after placing the order:
1. order change requests cannot be accepted by telephone. They must be submitted to us in person or in writing by mail or e-mail, stating the relevant customer dimension number and the planned delivery date.
2. for subsequent changes of orders we charge € 50,- per order.
3. change requests cannot be considered if the production of the garment in question has already begun or the order release for our factory has been given.
§ 9 Collection and try-on:
1. the delivery of the goods takes place in our studio.
2. the deadline for picking up the garments is 6 weeks after receipt of the information that the garment is ready for pickup.
3. the fitting of the garments on the day of collection is customary and necessary in the industry.
4. in case of size and weight changes between order acceptance and collection, we do not guarantee the fit. Any alteration costs incurred will be charged to the client.
§ 10 Payment:
1. the payment is due with placing of order.
2. payments can be made in cash or digitally.
3. in case of late payment we charge interest on arrears at a rate of 5% above the respective prime rate of the European Central Bank.
4. in case of chargebacks by the client’s bank, the transaction will be immediately forwarded to Creditreform for processing. The client will be charged for all return debit charges, a lump sum for expenses in the amount of € 15,- as well as all external costs, e.g. lawyer’s fees and default interest (according to § 10, 2.). The lump-sum expense allowance will not be claimed if the customer can prove that no damage has been caused or that the damage is less than the amount of € 15,-.
§ 11 Storage of goods paid for on account or paid:
Fully paid garments, which are available for collection or correction in our store, will be sent freight collect after a period of 4 weeks from the agreed collection date without further notice. In case of return, we will make the garments available for a social purpose. In this case there is no right to compensation.
§ 12 Shipping of the goods:
1) In the clothing industry it is common practice that tailor-made garments are picked up at the place of order for fitting, as the place of order is the same as the place of performance.
2. at the special request of our customers, the delivery of the garments can be agreed upon, whereby the place of order remains the place of performance.
3. the shipment will be made in the week following the agreed delivery date.
4. if one or more corrections are necessary after the ordered garments have been sent, we will only make these corrections if the customer presents the garment personally at the place of order.
5. all deliveries are made cash on delivery or cash in advance. The customer bears the shipping costs. If the customer does not accept the delivery and we send the item again, we will charge each delivery separately.
§ 13 Right of correction:
1. the legal claim to subsequent correction of garments expires 2 weeks after delivery and/or if the garments have been worn.
2. we are also legally entitled to several corrections.
3. even several corrections do not reduce the value of the goods, claims for reduction are excluded, as far as legally permissible.
4. the contractor does not pay any travel expenses for the journey(s) to make corrections.
5. worn clothing cannot be corrected by us.
6. if the customer does not have necessary corrections carried out by us, we do not guarantee the quality of the corrections and do not bear the costs of the correction.
§ 14 Interim sample:
In case of failed growth deviations, the contractor can demand one or more intermediate samples, against calculation of costs.
§ 15 Obstacles to performance:
In the event of force majeure (such as war, revolution, storms, pandemics or political upheavals) and all other circumstances for which we are not responsible (such as industrial disputes, official measures or external operational disruptions), in particular also in the event of disruption in the operational processes of our suppliers, which were not recognizable on our part and also in the event of transport difficulties on the part of the pre-supplier and in the event of problems in transporting the goods to us despite careful selection of the freight company, we shall be entitled to postpone the delivery of the object of purchase until the expiry of a reasonable period of time after the elimination of the impossibility or an inability based on this. If a delivery date has been expressly agreed upon in terms of date and cannot be met for reasons for which we are responsible, we shall grant a subsequent delivery period of 8 weeks. As far as the aforementioned grace period or another reasonable grace period set by the buyer has expired without result, the buyer has the right to withdraw from the purchase contract.
§ 16 Quality:
Outer fabric is a living material and can behave differently from case to case for a variety of reasons, despite the most careful processing, even when based on the same dimensions. Slight deviations in quality, color and fit may therefore occur, which are technically unavoidable.
§ 17 Complaints:
1. complaints must be notified to the contractor within 1 week after receipt of the goods at the latest. Otherwise, no changes or additions need to be made. 2. commercial or minor, technically unavoidable deviations in quality, color or fit cannot be objected to.
§ 18 Place of performance:
Place of performance for all services is our retail store.
§ 19 Place of jurisdiction:
The place of jurisdiction shall be in accordance with the statutory provisions.
Should individual provisions be or become invalid, the remaining provisions shall nevertheless remain valid. In such a case, the invalid provisions will be replaced by provisions which come closest to the economic purpose of the provision. (Status 2020)