Terms and conditions of Sale, Delivery and Paymemt

I. Application

1. These terms and conditions shall apply exclusively for all business relations between us and our customers and are acknowledged by the customer no later than at the time the order is placed. All differing or contrary terms and conditions of the customer apply only in the individual case that we have acknowledged them in writing. Should there be a discrepancy between the German and the Englich version, the German version is decisive.

II. Contract Terms

1. Our offers are non-binding and subject to change. It is our order confirmation which is solely relevant for nature, amount and price of the goods to be delivered.

2. We accept your offer for the conclusion of a sales contract under the condition that we will receive enough orders for an at least cost-covering production of each ordered item, and that we will receive the ordered goods from our suppliers/producers in due time in sufficient amounts and quality.

3.1 A partial delivery does not constitute an acceptance / confirmation of an order

III. Delivery, shipment and transfer of risk

1. The goods will be delivered ex works Wietmarschen-Lohne.

2. We are entitled to deliver goods only if the customer pays cash on delivery or pays in advance.

3.. If immediate delivery of the purchased goods is not executed due to circumstances for which the customer is responsible, we can choose to either cancel the contract and/or request compensation for damages after setting a suitable grace period.

IV. Delivery dates

1. We do not carry out transactions for delivery by a fixed date.

2. Our delivery dates are not fixed dates. We reserve the right to deliver goods yet to be manufactured within a period of four weeks before to six weeks after the respective stated date, and otherwise within a period of two weeks before to two weeks after the stated date.

V. Interruption or delay of delivery; failure to deliver

1. In the event of force majeure, embargos on imports, labor disputes, administrative measures or interference with operations for which we are not responsible, we are entitled to cancel the contract in whole or in part. If we do not cancel the contract, the delivery-acceptance period will automatically be extended by the duration of the hindrance. This extension takes effect when we, as soon as we have recognized that delivery dates have been exceeded, notify the customer of the reason and expected duration of the hindrance.

2. The customer can assert no further claims for failed or delayed deliveries, in particular claims for damages.

3. Orders generally cannot be cancelled. In case of an order cancellation by the customer due to reasons for which Mauritius is not responsible, a cancellation free amounting to 30 % of the order values plus VAT will become due, a minimum of 100 €. Should the customer cancel due to a just cause (e.g. disease/closure of business); Mauritius may refrain from cancellation fees.

VI. Notification of defects

1. The right to make a claim for defects expires if the goods have been modified by the customer or a third party.

2. Minor deviations, especially those customary in the trade, in color, pattern, features, craftsmanship or quality of the goods do not represent defects and do not constitute grounds for rejection of the goods.

3. In the case of justified claims of objection to quality, we can choose to remedy the defect or deliver a substitute article. The customer expressly reserves the right to reduce the purchase price or cancel the contract at his option in the event of failed subsequent performance.

4. A return number must be requested before returning goods.

VII. Payment

1. The invoice will be issued on the date the goods are delivered or made available for delivery.

2. Customers who are residents of the Federal Republic of Germany receive a 4% discount if the amount is paid within 10 days, a 2.25% discount if paid within 30 days, or must pay the full net price after 60 days. Customers from outside of the Federal Republic of Germany are subject to advance payments. In case of advance payments, a 30 % down payment of the order value is generally due prior to the start of production.

3. When paying by bank transfer, the value date on which the funds are available in our account is decisive. Checks are not accepted.

4. Incoming payments will first be used to settle older accounts in addition to any accumulated interest on arrears or other costs due to delays.

5. All bank transfers must include the IBAN number.

VIII. Setoff

1. The customer shall not be entitled to any right of setoff unless his counter-claims have been established by a court or are undisputed or acknowledged by us.

IX. Delay in payment

1. We are not obligated to further deliveries from any current contract until full payment of all due invoice amounts, including interest on arrears and costs caused by delay.

2. If the customer is in default of payment or if there is a significant worsening of his financial circumstances, then we are entitled to carry out any outstanding deliveries only if the customer pays in advance. At our option we can, in this case, cancel all existing contracts in whole or in part.

3. Any special terms granted (rebates, special prices) shall lose their validity as soon as the customer is in delay of payment pursuant to section VII, no. 2.

X. Retention of title

1. We retain the ownership of the goods delivered by us until receipt of full payment. In addition, in transactions with merchants we retain the ownership until payment of all claims from this contract and from the business relations with the customer now and in the future, regardless of the legal basis, to include claims that originate at the time of conclusion of the contract or already existed at that time. The inclusion of the individual claims in a current account and the striking of a balance and its acknowledgement does not affect the retention of title. Payment is deemed completed upon receipt of the counter-value by the seller. In case of payment on the basis of a check or bill of exchange, the retention of title applies up until the redemption of the check or bill by the seller.

2. The purchaser is entitled to resell the reserved goods in normal business transactions; however, pledging or transfer by way of security is not permitted.

3. The purchaser hereby assigns his future claims from the resale of the reserved goods to the seller; the seller accepts this assignment. Notwithstanding the assignment of future claims and the seller’s right to collect, the purchaser is authorized to collect the claims as long as he fulfills his obligations to the seller and is not in a state of financial collapse, or as long as we have not revoked the authorization. At the request of the seller, the purchaser shall provide the former with all necessary information about the assigned claims and to inform the debtors of the assignment of claims.

4. If the reserved goods are sold together with other goods, then the assignment of future claims stipulated above applies for the amount of the invoice value of the reserved goods that are resold together with other goods.

5. In case of attachments, debt enforcements or other encroachments by third parties on the reserved goods or the assigned future claims, the purchaser shall inform the seller without delay and submit the documents necessary for intervention.

6. The seller shall be obligated to release the securities of his choice to which he is entitled based on the above provisions at the request of the customer insofar as their value exceeds the secured claims by 10 %.

7 . The purchaser may not enter into any agreement that nullifies or impairs the assignment of future claims.

XI. Damages

The seller shall be liable only in case of intentional and gross negligence; this also applies to his representatives or vicarious agents. This does not apply to liability according to the product liability law, injury to life, limb or health and the violation of cardinal duties. XII. General provisions, venue

1. All transactions with our customers are governed by the laws of the Federal Republic of Germany.

2. Place of jurisdiction is Nordhorn; place of performance is 49835 Wietmarschen-Lohne.

3. If one or more provisions of these Terms and Conditions should be or become invalid, this shall not affect the validity of the remaining Terms and Conditions

Stand: Januar 2011

CONTACT

Mauritius Group GmbH
Hahnstr. 8
49835 Wietmarschen / Lohne
Germany

B2B

shop@gipsy.eu
Fon: 05908-9333-70
www.b2b.gipsy.eu

SHOWROOM

Mauritius GmbH
Hahnstr. 8
49835 Wietmarschen / Lohne
Germany

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