Selling takes place exclusively subject to the following conditions. Variations, particularly oral subsidiary agreements, are only valid if we have given written confirmation of them.

An order is binding on the buyer. The order is considered accepted, provided that we do not issue a counter notice within 24 hours of the date of the order.

The delivery time itself is considered as met, if by the end of the agreed delivery time the goods have been shipped or it has been reported that the goods are ready for dispatch. Delivery quantities or dates requested by the buyer for the goods to reach the buyer must be agreed separately with us in writing. The usual delivery time is 1 working week.

In the case of force major and other unforseeable, extraordinary circumstances and those which are no fault of ours, if we were prevented from fulfilling our obligation within the prescribed period, or it was proven that, through no fault of our own, we were not supplied by our upstream suppliers, then the delivery time will be extended by an appropriate length. If the supply or delivery becomes impossible or unreasonable due to the previously listed circumstances we will be released from our liability. In so far as the delay in delivery exceeds 2 months, the buyer is entitled to withdraw from the contract. If the delivery time is extended or if we are released from our liability, the buyer can only initiate claims for losses in the case of fault on our part.

We are obligated to report to the buyer without delay any non-availability of these goods ordered by him and in the case of cancellation on our part to reimburse him immediately for amounts already paid.

Items are only delivered in normal commercial quantities. A delivery only takes place so long as stocks last.

We reserve the right not to accept orders, especially where there are outstanding payments.

Unless the order provides otherwise we sell the goods carriage-free to the buyer. The statutory turnover tax is included in our prices.

If we change our prices and conditions across-the-board between acceptance of the order and dispatch of the goods we are then entitled to adjust the agreed prices and conditions accordingly. If the order is executed four months after the conclusion of a contract the current market prices apply.

Payment for the goods is by credit card and, also by cash on delivery. We reserve the right exclude certain types of payment in an individual case.

The prices listed on the internet remain valid until revocation. We offer no guarantee of the correctness of the prices marked. We endeavour to keep these correct at all times.

If the buyer is in default with the payment of the sales price by more than 30 days we are entitled to make further deliveries only against advance payment. The same applies to the outstanding items in respect of deliveries by instalment.

We are entitled to charge a flat rate of 3.50 euros for each reminder for settlement of associated administration costs.

In the case of termination due to failure to take delivery of goods or cancellation of the order by mutual agreement we will charge 20 % of the net value of the order as a cancellation fee. The buyer is allowed to prove, however, that we have not incurred a loss or that our loss is essentially lower than the flat charge. The same provisions apply accordingly if the buyer fails to take delivery of part of the ordered goods.

We are liable for lump sum compensation, in the case of a delay in delivery not caused through wilful default or gross negligence by us, in the amount of 3 % of the delivery value for every complete week of delay, with a maximum, however, of no more than 15 % of the delivery value.

Other statutory claims and rights of the customer, due to default in delivery, remain unaffected.

The delivered goods remain our property until all invoices from us to the buyer have been paid. Where there is a current account the retained title to the property is security for the demand for the payment of the balance of account.

The customer only has the right to set-off if his counterclaims are recognised by declaratory judgment or are undisputed. In order to exercise his right of retention the customer is only authorised to the extent that his counterclaim is based on the same contractual relationship.

Please check the delivery immediately upon receipt of goods for completeness and intactness. If the parcel is damaged externally, please complain immediately to the deliverer before accepting the goods. If the parcel is intact, but the goods are damaged, please complain likewise to the deliverer without delay. In both instances please also contact us. If you assign your claims against the carrier you will receive compensation/replacement for the damaged items at your earliest convenience.

Return privilege
You can return the received goods, without giving reasons, within two weeks by sending back the goods. The time limit begins not earlier than the receipt of goods together with this instruction. Only when the goods cannot be dispatched by parcel (e.g for bulky goods ) can you also give notice of the return by a repurchase request in written form, that is e.g by letter, fax or email. Sending off the goods or the repurchase request in good time is sufficient for the time limit to be observed. Returns are always at our expense and our risk. The return or the repurchase request must be sent to:

American Apparel UK
3rd Floor National House
60 Wardour Street
London
W1 0TA

Consequences of return
In the case of effective use of the return privilege what has been received in performance of the contract on both sides must be restored and, if appropriate, the effect of taking the goods into use (e. g. benefitting through their use) must be restored. If the goods have deteriorated compensation for lost value can be requested. This does not apply if the deterioration can be attributed exclusively to examination of the goods – as might have happened, for example, in a shop. In other respects you can avoid the compensation obligation by not taking the goods into use as an owner and refrain from doing anything which reduces their value.

We may choose freely and without liability, except where there is intentional and gross negligence, the type and method of dispatch of the goods as well as the forwarding route. Delivery usually takes place by post.

We bear the costs of a return delivery by the customer in the case of a return, warranty claim and a wrong delivery, provided that the delivery costs are within the customary range (we will not accept express delivery costs, courier journeys and costs for non-direct dispatch routes). The risk of accidental destruction and deterioration of the goods passes to the customer, as soon as the consignment has been handed over to the person carrying out the transportation or as soon as it has left our warehouse for dispatch, and is independent of whether the dispatch takes place from the place of performance and who bears the transport costs. Dispatch in this sense also exists if the delivery is effected at the same place and/or we carry out the delivery with our own vehicles. If the goods are ready for dispatch and the dispatch is delayed for reasons for which we are not responsible, the risk passes to the customer upon receipt of the notice of readiness for dispatch.

The buyer must inform us in writing of patent defects within 2 weeks from delivery of the contract goods.

Without prejudice to the following limitations of liability we have unrestricted liability for damage to life, body and health, which are caused by a negligent or intentional failure to comply with duty on the part of our statutory representatives or our vicarious agents, as well as for losses, which are included in liability pursuant to the Product Liability Law, as well as for all losses, which are caused by intentional or grossly negligent breaches of contract and fraudulent intent of our statutory representatives or of our vicarious agents. In so far as we have given a warranty in respect of the condition and/or the durability of the goods, we are also liable within the framework of this warranty. For losses, which depend upon the absence of the guaranteed condition or durability, but which do not directly affect the goods, we will however only be liable if the risk of such damage is clearly stated in the warranty of the condition and durability of the goods.

We are also liable for losses which are caused by simple negligence, in so far as this negligence affects the breach of those contractual obligations, compliance with which is of fundamental importance in order to attain the purpose of the contract (Cardinal obligations). We are only liable however in so far as the losses are reasonably connected with the contract and are forseeable. In the case of simple negligent breaches of non-fundamental incidental obligations we are not liable generally. The limitations on liability covered in items 1 – 3 also apply in so far as liability for the statutory representatives, business executives and other vicarious agents is concerned. Any continuing liability is excluded notwithstanding the legal nature of the asserted right. In so far as our liability is excluded or restricted, this also applies to the personal liability of our salaried employees, workers, colleagues, representatives and vicarious agents.

The warranty period is 2 years, calculated from the passing of the risk. This period also applies to claims for the reimbursement of consequential harm caused by a defect, in so far as no rights are asserted from a tortious act.

Small variations, customary in trade, or variations in quality, colour, shape, finishing, width, weight, design and fittings, which are technically unavoidable do not result in warranty claims.

The place of performance for both contracting parties is Düsselldorf.

All personal data will of course be treated confidentially. The data necessary for the development of the business will be stored and, if necessary, within the framework of the handling of the order, passed on to associated companies. Your address and credit standing details will be passed on to other group trading and group service companies for credit analysis and monitoring of credit standing, if necessary to Schufa and other information services.

Beyond the purposes described above we are allowed to use the customer’s data entrusted to us for our own advertising purposes. You can object to the use of your data for this purpose at any time by sending us a simple communication
(Email: info@americanapparel.de).

American Apparel UK
3rd Floor National House
60 Wardour Street
London
W1 0TA

American Apparel Inc. refers to your pages with Links to other pages on the Internet.

This applies to all these Links:
American Apparel expressly states that it has no influence whatsoever on the design and content of the linked pages. We therefore hereby distance ourselves expressly from the contents of all linked pages to a third party at www.americanapparel.net and do not adopt these contents as our own. This declaration applies to all advertised Links and to all contents of pages, which the Links lead to.

This contract and all legal relationships of the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN-Purchase Right (CISG).

If individual conditions of this contract have no effect or cease to be effective or contain a loophole, the remaining conditions remain unaffected.