§ 1 General information, Scope
1.1. The following General Terms and Conditions (GTC) apply to all business relationships between Kaviar Gauche GmbH, Torstrasse 56, 10119 Berlin (hereinafter referred to as Kaviar Gauche) and the contractual partner (hereinafter referred to as customer, purchaser or client). In each case, the version of these GTC valid at the time of the conclusion of the contract shall prevail.
1.2. By placing an order these terms and conditions are accepted. Conflicting or divergent terms and conditions of the customer (contracting party) shall only be accepted if Kaviar Gauche has agreed upon in writing. Also oral side agreements shall require written form.
§ 2 Order Placement, Order Acceptance, Conclusion of Contract
2.1. Offers on Kaviar Gauche Stores (Bridal Concept Store, Bridal Budget Boutique, Vintage Store) are non-binding. Kaviar Gauche offers clothing and accessories in the Bridal Concept Stores, Bridal Budget Boutique and the Vintage Store in the following categories:
• Apparel already custom-made, as well as accessories and shoes, pre-season collection items, limited editions, press samples, show unique items
• ready-made clothing
• Made-to-measure clothing and couture productions, i.e. Made-to-measure clothing, individually in fabric and measurement
2.2 An order must be placed in person at one of the Kaviar Gauche stores. For this an order form shall be completed and created upon agreement with the customer – where required after agreement of a deposit. In exceptional cases, an order can also be made by phone or email. The order of ready-made-clothing and couture clothing by the customer is considered shall be considered being a binding contract offer. The order form will be handed over to the customer either in person or sent by e-mail subsequent to the order. The customer is obliged to check the articles, forms and special requests noted on the order confirmation and to notify any complaints or change requests immediately, but at the latest after 3 working days. The cancellation of orders once being placed is basically no longer possible.
2.3 The acceptance of the order of ready-made clothing or couture clothing is made by issuing the order form and is dependent on the receipt of an advance payment equal to at least 50% of the contract sum. The production of the order starts upon receipt of the advance payment.
2.4 In purchasing of apparel already custom-made, shoes and / or accessories offered in the store or boutique (Bridal Budget or Vintage), the contract is concluded by acceptance of Kaviar Gauche (§ 151 BGB). For any dimensional or other changes, Kaviar Gauche reserves the right to charge additional costs with the customer.
2.5 An exchange or return of purchased goods or a cancellation of an order is generally not possible. If Kaviar Gauche agrees to take back goods or cancel an order, such a request must be made by the customer no later than 7 days upon the conclusion of the contract. Any refund of the amount paid or advance payment is in general only possible for goods or voucher. Cash payment is not possible. Reduced or items already been worn are excluded from exchange, return or complaint.
§ 3 Terms of payment
With placement of the order the total amount of the contract sum becomes due and payable immediately. Kaviar Gauche will charge at least 50% of the total amount as advance payment, which must be received by Kaviar Gauche immediately on-site but no later than 7 days upon placement of the order. The final payment is usually payable on the first fitting date, but latest before take away or delivery. The settlement of the final payment is made after deduction of the advance payment.
§ 4 Dates, Fitting
When manufacturing ready-made clothing or couture clothing, so-called fitting appointments are arranged individually with the customer. The fitting appointments (usually 1-3 appointments) take generally place upon arrangement with the Kaviar Gauche team in the shops.
For the production of couture dresses usually 3-6 months are to be estimated. For ready-made clothing, the customer should plan for about 8 weeks. Short-term production is possible upon consultation with the management. For short-term production Kaviar Gauche reserves the right to charge a “Rush Fee”. Generally, the ordered dress should be ready for pick-up 1-4 weeks before the wedding date or the occasion. The approximate completion date communicated to the customer with the order confirmation is a non-binding statement and not a guaranteed fixed date. Kaviar Gauche expressly states that in order to ensure a smooth process and any due-process requested by the customer, the garment should be ready to wear of the order, fitting appointments and any change requests. at least 14 days before the desired wearing date, i.e., at least 14 days before the desired wearing date, i.e.. the customer shall be obliged to cooperate with regard to timely placement
§ 5 Taking Measurements
In order to ensure Customer’s desired design and correct fit, it is the customer’s task, when taking measures by the staff in the store (bridal manager or cut manageress) to inform about special features in wearing and purpose of the dress before the first measurement taking and to agree on possible design changes. Change requests, in particular to length dimensions, can generally not be realized after the start of production and therefore not be accepted. Any changes after the first taking of measurements shall not be included in the agreed purchase price (ie the publlished, non-sale price of the goods) and will be charged additionally.
§ 6 Order change after placing an order
Order change requests can not be accepted by phone. These must be sent to Kaviar Gauche in person or in writing by e-mail, letter or fax, stating the relevant order and stating the customer’s name. Requests for changes can not be taken into account if the production of the garment has already begun. Any other extras, figurative challenges or desired special features can be calculated upon agreement between the customer and Kaviar Gauche and are at extra charge.
Kaviar Gauche reserves the right to charge extra costs, for example in case of weight fluctuations or pregnancy of the customer, unless advised in good time before the start of production (after the first measurement). Any resulting changes required in hindsight must be borne by the customer herself.
§ 7 Collection, Shipping of goods
Custom-made and made-to-measure garments are to be picked up at the Kaviar Gauche Store for the purpose of fitting. Upon special request of the customer, the delivery of the garments can be arranged, whereas the place of order remains the place of fulfillment. Should one or more corrections be necessary after delivery of the ordered garments, Kaviar Gauche will only do so if the customer presents the garment in person at the place of order. All shipments are cash on delivery or prepayment. The shipping costs are borne by the customer.
§ 8 Retention of title
Until receipt of the full payment, the goods shall remain the property of Kaviar Gauche.
§ 9 Acceptance, Receipt of the goods
9.1 Upon Kaviar Gauche’s request, the customer shall be obliged to hold herself ready for a fitting before delivery of the garment ready for acceptance. On the occasion of this fitting, the customer shall – where necessary – be obliged to immediately notify Kaviar Gauche of detected defects. Any inaccuracies of the correct fit on delivery, which are attributable to changes in size and/or weight of the customer after placement of the order or to the nature of the fabric or selected cut, do not entitle the customer to refuse acceptance.
9.2 A complaint can not be based on changes made after placement of the order, in particular with regard to the selected model or information on the Customer’s size or weight or immaterial defects. A complaint after receipt or acceptance of the garment shall immediately be addressed by the Customer to Kaviar Gauche, within 3 days, upon receipt of the goods, either in person in one of the shops or in writing (email shall be sufficient). In this case, the alleged defect must be presented and in case of written complaint in a first step documented by photographic material. Kaviar Gauche will examine this complaint closely. Upon Kaviar Gauche’s request the garment shall also be sent. Any shipping costs shall generally be borne by the customer, Kaviar Gauche is free on a case – by – case basis, , especially in the case of legitimate complaints, to reimburse the customer such shipping costs. Garments already been worn are excluded from complaints and returns.
9.3 Kaviar Gauche accepts no liability for changes made by third parties to the garment (eg tailors commissioned by the customer). This applies in principle, but especially for changes made by third parties upon acceptance. Furthermore, no liability is assumed for a cleaning, which is done by the customer herself or by third parties. Costs incurred by commissioning of third parties are to be borne by the customer herself. Kaviar Gauche is not liable for complaints or defects of modifications done by third parties.
§ 10 Warranty, claims of the customer
10.1 For the rights of the customer in case of material defects and defects of title, the statutory provisions apply unless otherwise stated below
10.2 Insofar as nothing special has been agreed on the nature of the goods, it must be judged according to the statutory provisions whether or not there is a defect (§ 443 (1) sentence 2 and sentence 3 BGB (purchase agreement; § 633 BGB (contract for work and labour)) only if the condition of the goods differs from the agreement between the customer and Kaviar Gauche. A special agreement on the condition of the goods must therefore also be expressly designated and included in the contract.
10.3 If the delivered item is defective, the customer may demand supplementary performance of the defect (rectification) within a reasonable grace period. If a first repair is not suitable to remedy the defect, Kaviar Gauche is entitled to make further rectifications. If these also fail, the customer’s claims are in accordance with statutory provisions.
10.4 The customer shall give Kaviar Gauche the time and opportunity required for the owed supplementary performance, in particular to hand over the rejected goods to Kaviar Gauche within 3 working days for examination purposes.
10.5 The expenses required for the purpose of examination and subsequent performance, in particular transport, travel, labor and materials shall be borne by Kaviar Gauche, if there is actually a defect. If, however, a customer’s request for remedial measures turns out to be unjustified, Kaviar Gauche may claim reimbursement of the occurring costs.
10.6 If the supplementary performance has failed or a reasonable deadline to be set by the customer for the subsequent performance has expired unsuccessfully or is dispensable in accordance with the statutory provisions, the customer may withdraw from the present contract or reduce the purchase price. In case of insignificant defects, however, there is no right of rescission or reduction.
10.7 Customer claims for damages or reimbursement of futile expenditures exist only in accordance with the statutory provisions.
10.8 Kaviar Gauche expressly points out that the fabrics used to make the clothing are a natural material and, despite the most careful processing, even on the basis of the same measurements, behave differently from case to case for a variety of reasons. Therefore, slight deviations in quality, color and fit may occur, which are technically unavoidable. These usual, design and individual deviations can not be objected to be deemed defective.
10.9 items already been worn are excluded from the assertion of defects and warranty claims – as far as legally possible.
§ 11 Other liability
11.1 Unless otherwise stated in these General Terms and Conditions, including the following provisions, Kaviar Gauche shall be liable in accordance with the relevant statutory provisions in the event of a risk of contractual and non-contractual obligations.
11.2 Kaviar Gauche is liable for damages regardless of the legal grounds in case of intent or gross negligence. In case of ordinary negligence Kaviar Gauche is only liable
a) for damage resulting from injury to life, limb and health;
b) for damages from the breach of a fundamental contractual obligation (obligation the proper fulfillment of which constitutes a condition sine qua non and on the fulfillment of which the customer regularly relies and may rely) and in cases in which the defect was fraudulently concealed, the liability is however limited to the reimbursement of the foreseeable, typically occurring damages
11.3 The limitations of liability resulting from paragraph 2 do not apply if a defect was fraudulently concealed or a guarantee for the condition of the goods was assumed.
§ 12 Privacy
Kaviar Gauche uses all customer data in accordance with statutory provisions. Personal data is only used for the purpose of processing the customer’s order and only insofar as it is necessary for the conclusion of the contract, its fulfillment or changes (inventory data). Any other use of the customer’s personal data does not take place.
§ 13 Final clause
13.1 Legally relevant declarations and notifications that are to be submitted by the customer towards us after the conclusion of the contract (for example setting a deadline, notice of defects, declarations of rescission or reduction) must be made in writing in order to be valid.
13.2 Should individual provisions of these General Terms and Conditions be or become ineffective, the validity of the remaining provisions shall remain unaffected.
13.3 Place of performance for all services is Berlin. Jurisdiction is – as far as permitted agreed – Berlin.