CG-826 Pullover Bosa Man

1. Scope of Application:
All deliveries, services and offers of Como Corporate Fashion are effected solely on the basis of these Terms and Conditions of Business and the Terms and Conditions of Business which apply to the COMO-Premium Card. This also applies if the customer has contrary terms and conditions of purchase. Any regulations to the contrary must be in written form. These General Terms and Conditions of Business shall be deemed accepted upon placement of orders.

2. Premium Customer
All customers who are entrepreneurs can become premium customers at Como Corporate Fashion. Pre-requisite for the status of premium customer is direct debit 10 days after invoice date with 3% discount; in return the premium customer receives a premium bonus of 5% for every order (exclusive of finishing costs) and delivery free of forwarding costs from a goods value of 100.- € upwards.

3. Terms of Payment and Reservation of Title
a. For new customers and intial orders:
■ Against Prepayment, minus 3% discount
■ Purchase per direct debit 10 days after invoice date 2% doscount
■ Cash on delivery (only possible in Germany and Austria) minus 3% discount + collection fee (Germany 7.60 per package, Austria 15€ per package)

b. For existing customers:
■ Direct debit, minus 2% discount, 10 days after invoice date (only applicable in Germany)
■ Invoice, payabel after 10 days without discount

c. Für premium customers:
■ New customers: Direct debit 10 day after invoice date with 3% discount
■ Existing customers: DIrect debit 10 days after invoice date with 3% discount

d. Unless otherwise agreed, payment must be effected in advance for goods delivered to other countries.

e. Payment must always be effected in advance for special orders and custom-made products.

f. Invoice date is the date of dispatch of the goods.

g. Receipt of payment must take place within the period stated on the invoice.

h. If payment is not made within the stated period, the customer is automatically in default. In case of late payment interest on arrears is payable in the amount of 2 % above the discount rate of the German central bank (Bundesbank) applicable at the time. The assertion of further claims for damage caused by delay is not affected by this payment. As from the 2nd reminder an additional fee of 10 € is payable.

i. Should the orderer’s financial circumstances deteriorate considerably or should it only subsequently become known that the customer is in straitened financial circumstances, the seller has the right to alter the terms of payment accordingly or to cancel the contract.

j. The goods supplied shall remain property of Como Fashion until payment has been effected in full. Transfer of ownership to the customer will only take place once such payment has been effected. In the case of bankruptcy, we have the right to assertion of ownership against the bankrupt estate. In the case of resale, the relevant debts shall be pledged to us as security. The buyer shall assign the debts to us and inform us accordingly on request at any time. Subject to revocation, the purchaser is entitled to collect debts assigned to us. If the customer fails to fulfil his obligations towards us, he is obliged on request to disclose the assignment to his debtor.

k. Pledging or conveyance of ownership of the goods delivered by us or the assignment of our claims to third parties are not permitted.

4. Offers, Prices
a. All non binding offers apply only to entrepreneurs.

b. All prices are - unless otherwise stated - net prices per piece and do not include the statuory value added tax applicable at the time or the delivery costs.

c. All offers and price lists are conditional and non binding. They only become binding once the seller has confirmed the order.

d.As soon as a new catalogue is published, all existing offers lose their validity.

e. Samples are always charged and credited after return. Samples accompanying offers can be given back in their original condition within 14 days; after that only after prior agreement. Delivery must effected free house, unpaid return deliveries will not be accepted on principle. Special custom-made items will are always charged. They cannot be returned.

f. Costs arising for changes initiated by the customer after authorisation of production shall be borne by the customer; including idle-plant costs which may be incurred through such change.

5. Return Consignments
Return consignments are only possible after agreement. Custom-made articles, special orders, articles spoilt due to incorrect handling, goods finished with embroidery or print are generally excluded from return. Return consignments must be returned free delivered to the door. Unpaid return deliveries will not be accepted on principle.

6. Dispatch
a. Dispatch costs:
■ Within Germany we charge 6.90 euros per parcel for postage and packing.
■ Austria: We charge 12.90 euros per parcel for postage and packing.
■ Switzerland: We charge 14.90 euros per parcel for postage and packing, the customs clearance lump sum for goods with a value of up to 1.000 euros is 20.000 euros, and 45.000 euros for goods with a value up to 2.500 euros. From a goods value of 2.500,00 euros upwards we bear the customs clearance fee.
■ Other countries according the customs clearance fee.
■ Express delivery and delivery by airmail are charged seperately

b. Delivery will be effected in one consignment whenever possible. In the case of necessary partial deliveries Como Fashion bears the additional costs for packing and postage.

c. The supplier has the right of choice of forwarding routes and means, unless otherwise agreed and confirmed for the order concerned.

d. The supplier has the right of choice of forwarding routes and means, unless Delivery is effected for the account and risk of the customer; this also applies to „free domicile” consignments. The risk passes to the customer as soon as the consignment has been handed over to the person or company effecting transport. Should the dispatch be delayed due to reasons for which the customer is responsible, the risk passes to the customer at the time of notification to the customer that the consignment is ready for dispatch.therwise agreed and confirmed for the order concerned.

e. Default in delivery
In the case of force majeure and other unpredictable, extraordinary circumstances arising without fault, e. g. problems concerning material procurement, operational disturbances, strikes, lack of means of transport, governmental interventions, energy supply problems, etc., even if they occur at presuppliers, the stated delivery periods will no longer be binding and new delivery dates/periods must be agreed. This applies particularly to agreements regarding fixed dates.

7. Default of Acceptance
a. Should the customer default on acceptance, the relevant rights set out in the German Civil Code (BGB) apply.

b. Should the customer not accept the consignment promptly within a reasonable period after completion or notification of dispatch, or should dispatch be impossible over a longer period, due to circumstances for which the supplier is not responsible, the supplier is entitled to either take the consignment into his own store or to store it either at a forwarding agent or other warehouse, for the account and risk of the customer.

8. Complaints, Notice of Defects
a. The customer must check the correctness of the conformation of order without delay. If errors are not reported within 24 hours, the confirmation of order is deemed to be accepted, even if this means that the consignment turns out to be different from the original request.

b. Defects and missing quantities must be reported within 24 hours after the articles have been handed over at the delivery address; hidden defects must be reported within 2 days of discovery, at latest within 6 months after receipt of the goods. This also applies in particular to patterns, in the case that the goods are sent in his name to a third party. In the case of direct shipment the quality inspection remains the duty of the customer.

c. The risk of possible defects passes to the customer with the production release declaration, insofar as the defects concerned did not occur during production after receipt of the release declaration.

d. Defects on part of the consignment do not entitle the customer to reject the entire consignment.

e. The supplier initially has the right to remedy the defect or deliver other goods in replacement within a reasonable period. In the case of delayed, defaulted, impossible, unsuccessful improvements or replacement deliveries the customer has the right to demand a price reduction. A more extensive guarantee and liability for damages, particularly in the case of unsuccessful improvement due to delay or malperformance of improvement obligations, as well as consequential damage are excluded.

f. Technically unavoidable tolerances which are in accordance with standard commercial practice regarding colour, quality, material, weight and workmanship are not grounds for complaint on the part of the customer.

g. Technically unavoidable tolerances which are in accordance with standard commercial practice regarding colour, quality, material, weight anIn the case of textile printing, slight variations in tonal value, both in the proof and later in the consignment, are always possible and unavoidable. This applies particularly to 4c photo screen printing in offset quality and is not grounds for a complaint. workmanship are not grounds for complaint on the part of the customer.

9. Embroidery Service
a. The minimum order quantity for embroidered articles is 10 pieces per article and colour, a total of 30 pieces, free choice of sizes.

b. The minimum order quantity for subsequent orders with embroidery service is 10 pieces per model; 15% additional charge for smaller quantities.

c. Embroidered or printed articles are subject to an increased delivery or a short delivery of 10 %.

d. Costs for embroidery diskette and silkscreens: One-time initial costs of 69 € net for a logo with a size of 10 cm (max. 5,000 stitches). All further embroidery diskettes and embroidery on request. For screen printing film and screen costs per colour 38.50 € up to DIN A4 size (210 x 297 mm), up to DIN A3 size (420 x 297 mm) 44.50 €, larger formats on request.

e. Patterns for embroidering and printing service: For logos and special characters, etc., we require files in the formats jpg, eps or Coral Draw, or repro style models such as films, letterheads, business cards, final artwork or photocopies. The embroidering is done in a proportionate size and optimal colour in a suitable position. E-mail address for logos: logo@comofashion.de

f. Graphic work for the finish: Some logos cannot be used 1:1 to create the embroidery card and have to be adapted. Logo adaptation is calculated according to time and charged on the basis of 60.- € per hour.

10. Proofs
Proofs and release specimens must be examined for correctness by the customer and released to Como Corporate Fashion without delay. The supplier is not liable for defects that have escaped the customer’s notice.

11. Self Advertising by the supplier
The supplier is entitled to portray articles from his own production in his catalogues and other print media, advertisements, etc., and to present them at exhibitions and fairs; further, he may make them available as samples to other customers and add their address to them.

12. Copyright
a. The customer declares that, should he entrust us with work on an existing piece of work, particularly in the case of an order for reproductions and other transformations of a work, he is entitled to the copyright on this work. He indemnifies us from all liability possibly arising from the violation of any copyrights or other patent rights. The copyright is not transferred with the transfer of ownership of a piece of work produced by us – whether original or reproduction.

b. We retain title and copyright to our quotations, drawings, picture templates and other documents. The documents may not be made accessible to third parties.

13. Terms and Conditions governing the COMO Premium Card
a. The Como Premium Card is issued by Como Corporate Fashion, Bahnhofstrasse 2, 83059 Kolbermoor. It remains the property of Como Corporate Fashion, is not transferable and may only be used by the card holder.

b. The Como Premium Card entitles the card holder to claim the stated instant discount and further advantages, particularly the Como Corporate Fashion discount advantages for selected product groups, as well as advantages in connection with special events. Discounts and other advantages apply solely to catalogue prices.

c. The period of validity is unlimited.

d. Should the card holder lose the card or discover misuse by third parties, he is obliged to inform Como Corporate Fashion immediately thereof and to arrange for the card to be cancelled. Como Corporate Fashion is only liable for damage incurred as a result of culpable delayed or missing notification in case of intent or gross negligence on the part of Como Corporate Fashion. Should the customer lose his Como Premium Card, he can apply for a replacement card.

e. Alterations or supplements to these contract terms may be made by Como Corporate Fashion at their absolute discretion, insofar as they conform with the discretion.

f. Data protection – The card holder expresses his/her consent to the storage, processing and, possibly, the transmission of his/her personal data by Como Corporate Fashion, insofar as this is necessary for fulfilling the purpose connected with the issuance of the card, taking into account the principles of data avoidance and data economy. Furthermore, the card holder expresses his/her consent to the utilization of his/her personal data by Como Corporate Fashion for statistical purposes and in order to supply the card holder with further offers from Como Corporate Fashion, their contractors and other cooperating companies. The card holder can withdraw consent already given at any time from Como Corporate Fashion.

14. Place of Performance, Legal Domicile, Validity
Place of performance for deliveries and payments is Kolbermoor. Legal domicile is Rosenheim.

15. Miscellaneous
a. Legal relations between the customer and the supplier are governed solely by German law. This applies in particular to legal relations with foreign business partners.

b. Should any articles be temporarily or no longer available, we reserve the right to offer alternatives, possibly at differing prices. Subject to printing errors and other errors.

16. Salving Clause
Should any terms of the contract, including these regulations, be or become invalid in whole or in part, or should the contract contain a regulation gap, the validity of all other terms or parts thereof remains unaffected. The relevant legal stipulations will replace the invalid or missing terms.

17. Impressum
COMO Corporate Fashion – Proprietor Giacomo Rugiano – Bahnhofstrasse 2 – 83059 Kolbermoor