Terms and Conditions

Art. 1 Order confirmation

Orders shall become legally effective upon our written acknowledgement; our representatives shall not be authorised to make binding statements. We shall be entitled to make partial deliveries; every partial delivery shall be separately invoiced and thus become due for payment.

Art. 2 Resale

The customer shall, within the framework of its own trade business, be permitted to resell the delivered goods to final consumers only, but not to professional resellers. In the internet, the delivered goods may be offered for sale at the customer’s own online shops, but not with Ebay or comparable sales platforms. A resale of the goods to dealers with registered office outside the European Union shall not be admissible.

Art. 3 Exhaustion of the trademark right

The products bearing the Lugina trademarks shall be deemed to have been placed on the EU market on the basis of knowledge and intention, always provided that they were distributed by Lugina to customers having their head offices or commercial establishment in an EU country. Good reimported to the EU from non EU countries shall be deemed to have entered the market otherwise than with the knowledge and intention of Lugina. In these cases, the trademark right of Lugina shall not be exhausted and the reimport from a non EU state to a member state of the EU shall be an illegal trademark inf ringement subject to judicial sanctions to be initiated by Lugina.

Art. 4 Delivery and acceptance term

1. Force majeure, governmental measures, strikes, lockouts, lack of raw material and material shall entitle Lugina to extend delivery terms by the duration of the impediments. The same shall apply in case of operational disturbances and operational complications of any kind. The delivery term for seasonal goods shall not exceed a period of 4 weeks and, in case of other goods, a period of 3 months; otherwise, both Parties shall be entitled to rescind the contract. Claims for damages for non fulfilment, however, shall be excluded in this case.
2. In the event that the customer fails to accept the purchased goods within a term of 3 months after contract conclusion or within another delivery term agreed upon, Lugina shall be entitled to issue an invoice for the complete consignment not yet accepted and to request the customer to pay in advance. The purchase price shall become due for payment upon receipt of the request. If the customer fails to pay within two weeks after the date of the request, Lugina shall have the right to refuse fulfilment of the contract and request damages for non fulfilment without being required to state its withdrawal from the contract beforehand.
3. Apart from that, Lugina shall be entitled to sell the goods elsewhere at the price of the day.

Art. 5 Imperative nature

1. Deviating general business terms and conditions, particularly deviating delivery and payment terms and conditions, shall not be accepted by Lugina shall refuse to accept deviating conditions even if such conditions have
explicitly been attached to an order or order acknowledgement
2. These General Business Terms and Conditions shall imperatively be decisive for any and all deliveries made by Lugina.

Art. 6 Non binding samples

1. Samples shall show the appearance of the goods. They give an approximate impression of deviations which shall not reduce the practical value.
2. Minor deviations have to be tolerated.
3. In case of coloured leather, deviations from the colour will always be possible.

Art. 7 Notices of defects

1. Lugina has to be given notice of apparent defects, including defects concerning the volume of the delivery and the article, within 3 days after receipt of the goods by stating the reasons for the complaint. Otherwise, the goods shall be deemed to have been accepted.
2. Lugina shall in any case have to right to make a subsequent improvement or to deliver replacement goods. In case of a substitute delivery, the customer shall be obliged to return the goods complained about without any delay.
3. If the defect was not visible at the time of the inspection, the notice of defect has to be given no later than 3 days after discovery.
4. A notice of defects relating to other defects than visible ones shall be excluded after expiry of 6 months after receipt of the goods.

Art. 8 Title reservation/assignment in case of resale

All goods delivered by Lugina shall remain the property of Lugina until complete payment of any and all claims towards the customer, including claims accrued prior to the respective delivery and claims accruing in future. The customer shall, of course, be entitled to resell the goods delivered subject to title reservation in the ordinary course of its business Retailers, may make individual sales only. In the event of a sale, the property held by Lugina shall be replaced by the respective sales proceeds. At the same time, the customer shall assign its title to the sales proceeds to Lugina. Lugin a accepts this assignment.
2. Lugina shall have the right to claim the purchase price directly from the respective third party debtor if the customer is in default of payment. As soon as Lugina has given the customer notice to this effect, the customer shall be prohibited from reselling. In the event that Lugina has informed the customer about the prohibition to resell goods, the customer shall be obliged to hold the goods available for collection in its business rooms and to prepare a list of all goods still available that has to be sent to Lugina. Managers of joint stock companies shall be personally liable for this
3. The preceding conditions shall also apply in case of a suspension of payments, an overindebtedness and an opening of settlement or insolvency proceedings.
4. Upon request, the customer shall in any case be obliged to provide Lugina with information on the whereabouts of the goods; this shall also apply if the goods are moved to other warehouses, to branch offices or other establishments. As soon as third parties gain access to the goods or initiate enforcement measures, the customer shall be obliged to give Lugina immediate notice about such fact. In the event of infringements, the customer shall be liable for damages. Managers of joint stock companies shall bear personal liability

Art. 9 Invoicing

1. Invoicing shall be done on the day of the delivery of the goods. The imperative payment terms shall be: 10 days 3 % cash discount, 30 days 2 % cash discount, 60 days net, with the payment receipt date being the decisive day. Deviating agreements shall be subject to a written confirmation by Lugina. The same shall apply in case of payments by bills of exchange; in this case, discount charges shall be borne by the customer.
2. If the customer is in delay of payment or if cheques or bills of exchange used for payment fail to be honoured upon submission, any and all debt obligations of the customers shall immediately become due for payment and be taken in possession.
3. Credit notes relating to returned goods or goods taken back shall be issued on the basis of their respective price of the day.
4. The preceding provisions shall also apply if the financial situation of the customer is impaired to a material degree or if Lugina receives insufficient information only.

Art. 10 No offsetting

The customer shall not be entitled to set off against claims of Lugina; likewise, the customer shall have no right of retention. This shall not apply to undisputed claims or claims established with legal effect.

Art. 11 Place of performance and place of jurisdiction

1. Pirmasens shall be the place of performance for any and all goods and services.
2. Exclusive place of jurisdiction for all disputes arising between Lugina and the customers shall be the courts competent for Pirmasens; this shall also apply to claims arising from bills of exchange and cheques.
The same shall apply if the customer is a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany or if the place of residence or usual residence is unknown at the time when the action is filed.

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