Our terms and conditions (for end customers)

§ 1 Scope & Consumer Information

1. AZIZ HARBAK fashion design, hereinafter referred to as the “contractor”, execute your order in accordance with our general terms and conditions valid at the time of the order. The current version of AZIZ HARBAK fashion design's terms and conditions are available on our website www.azizharbak.com under the heading "Terms and Conditions", which you can also download and save or print out from there. Our general terms and conditions apply exclusively to the entire business relationship.
2. The German language is the language of negotiations and contracts. The following conditions also apply exclusively to all international business.
3. Insofar as the female form is used in the regulations of these terms and conditions, this is only done for the purpose of linguistic simplification. The regulations apply equally to male participants and to legal entities.

§ 2 content of the contract

1. The client orders items of clothing from the contractor that are individually made according to the client's body measurements and wishes and, if necessary, based on the current collection models.
2. Our offers are non-committal and non-binding. The presentation on our website does not represent a legally binding offer.

§ 3 order acceptance

1. The client can place their order personally with us or by means of a written order.
2. In the case of third-party dimensions, any guarantee of fit is excluded.
3. The client is obliged to check the articles and shapes noted on the order, along with special requests, before signing.
4. We are entitled to accept a written order within 5 calendar days by sending a contract confirmation (by post or by email) and by executing the order.

§ 4 Measures

1. In order to ensure the fit required by the client, it is the customer's responsibility to inform us about special features of wearing and the purpose of the garment when taking measurements.
2. The customer has the obligation to carefully inform us about the desired length measurements of her clothing, as requests for changes of this kind cannot be accepted upon collection.
3. For taking measurements without placing an order, we charge a processing fee of € 30, which will be charged when the order is placed.

§ 5 Down Payment

Since the custom-made product is made according to the dimensions of our customer, we charge a down payment of 50% of the purchase price, which is customary in the industry, unless otherwise agreed in writing. This is to be done with the placing of the order by bank transfer or PayPal on the same day, unless otherwise agreed in writing.

§ 6 Written order
Orders that are not personally placed and signed by us can only be taken into account in writing based on the available dimensions. Orders can only be processed if the down payment of at least 50%, unless otherwise agreed in writing, has been made by means of a corresponding transfer.

§ 7 Acceptance of orders on the basis of existing dimensions
If the client does not take further measurements when placing the order, no guarantee of fit can be granted. This also applies to written orders. It is important that the customer has not had any changes in weight and / or height since the last measurement and that she specifies the form and purpose of the garment when placing the order and discusses any changes in fashion preferences.

§ 8 oversize surcharges
For oversizes and / or lengths, we charge an oversize surcharge customary in the industry of at least 10% and up to 50%.

§ 9 Change of order after placing the order

1. Requests for changes to orders cannot be accepted by telephone. These are to be sent to us personally or in writing by post or e-mail, stating the corresponding customer dimension number and the planned delivery date.
2. For subsequent changes to orders that are still possible without great effort, we charge € 50 per order.
3. Change requests cannot be taken into account if the production of the respective item of clothing has already started or the order has been approved for our designer / sewer.

§ 10 collection and fitting

1. The goods are delivered in our studio, unless otherwise agreed in writing.
2. The deadline for picking up the items of clothing is 2 weeks after receipt of the information that the item of clothing is ready to be picked up.
3. It is customary and necessary for the clothing to be tried on on the day of collection.
4. In the event of changes in size and weight between the acceptance of the order and collection, we do not guarantee the fit. Any change costs incurred will also be charged to the client.

§ 11 prices
All prices quoted are in euros and include VAT.

§ 12 payment

1. Payment is due on the pick-up date.
2. Upon collection, the remaining payment will be made on the same day, deducting the down payment made, in cash, by bank transfer or PayPal.
3. In the case of partial pick-up of an order, the down payment made will be credited proportionally. The proportional remaining payment for the partial collection is due on the same day by bank transfer or PayPal.
   In the event of late payment, we will charge interest on arrears at 5% above the respective base rate of the European Central Bank.

§ 13 Storage of paid for or paid goods

1. In the case of prepaid goods that are not picked up, we hand over the claim 2 weeks after the first reminder to our law firm. If the demand is not balanced after 1 month, we will make the items of clothing available to a social cause. In this case, there is no entitlement to compensation. This does not affect our rights to withdraw from the contract and to claim compensation for non-performance.
2. Unless otherwise agreed in writing, we will send you fully paid items of clothing that we have available for collection or correction after a period of 2 weeks from the agreed collection date without further notice. In the event of a return, we will make the items of clothing available to a social cause. In this case, there is no entitlement to compensation.

§ 14 Dispatch of the goods

1. In the clothing industry, it is common for tailor-made clothing to be picked up at the place of order for the purpose of trying on, since the place of order is also the place of fulfillment.
2. At the special request of our customers, the dispatch of the garments can be arranged, whereby the place of order remains the place of performance.
3. Unless otherwise agreed in writing, the delivery will be made in the week following the agreed delivery date.
4. If one or more corrections are necessary after the ordered items of clothing have been sent, we will only make these if the customer presents the item in person at the place of order.
5. All deliveries are made by cash on delivery or against prepayment. The customer bears the shipping costs.
6. If the delivery is not accepted by the customer and the delivery is resent, we will invoice each delivery separately.

§ 15 Right of Correction

1. The legal right to correction of items of clothing expires 6 months after delivery and / or when the items of clothing have been worn.
2. We are legally entitled to make several corrections.
3. Even several corrections do not reduce the value of the goods, claims for a reduction are excluded, as far as legally permissible.
4. The contractor does not assume any travel costs for the journey (s) to corrections.
5. We cannot correct worn items of clothing.
6. If the customer does not allow us to carry out the necessary corrections, we do not assume any liability for the quality of the corrections and do not bear the costs of the correction.

§ 16 Intermediate sample
In the case of unusual growth deviations, the contractor can request one or more interim samples against a cost calculation.

§ 17 Obstacles to Performance

1. In the event of force majeure (such as war, revolution, storms, political upheavals or pandemics) and all other circumstances for which we are not responsible (such as labor disputes, official measures or external operational disruptions), in particular also in the case of disruptions in the operational processes of our upstream suppliers, which were not recognizable on our part and also in the event of transport difficulties on the part of the sub-supplier and in the event of problems in bringing the goods to us despite careful selection of the freight company, we are entitled to postpone delivery of the object of purchase until a reasonable period has elapsed after the impossibility or an inability based thereon has been eliminated .
2. If a delivery date has been expressly agreed on and if it cannot be met for reasons for which we are responsible, we shall grant a subsequent delivery period of 8 weeks. If the aforementioned grace period or another reasonable grace period set by the buyer has elapsed without result, the buyer has the right to withdraw from the purchase contract.

§ 18 Quality

1. We use the highest quality fabrics and materials for our wedding and evening dresses, but these are not dresses for everyday use.
2. Fabric is a living material and, despite the most careful processing, even based on the same dimensions, can behave differently from case to case for a variety of reasons. There may therefore be slight deviations from the sample dresses in terms of quality, color and fit, which are technically unavoidable.
3. We reserve the right to alternatively select and process fabrics and materials of the same quality and appearance by our designer if the fabrics / materials used in the sample dresses are not in stock and can no longer be supplied by our dealer / manufacturer.

Section 19 Care
Unless otherwise stated, we recommend that the clothes only be cleaned by hand using vapor deposition. The clothes are not suitable for tumble drying. No changes may be made to the products or care materials may be used, otherwise the guarantee will expire. Improper cleaning of the clothes also invalidates the warranty.

§ 20 Complaints

1. Complaints must be communicated to the contractor in writing no later than 1 week after receipt of the goods. Otherwise, no changes or additions need to be made.
2. Standard or minor, technically unavoidable deviations in quality, color or fit cannot be objected to.

§ 21 retention of title

The delivered goods remain our property until they have been paid for in full. If the client defaults on the payment of the purchase price, we have the right to withdraw from the purchase contract and to demand that it surrender the goods that have not yet been paid for. The client is obliged to treat the goods that have not yet been paid for with care.

§ 22 Place of Performance
The place of performance for all services is our studio at Magdelstieg 29 in Jena.

§ 23 place of jurisdiction
The place of jurisdiction is based on the statutory provisions.

§ 24 final clause
The contract remains binding in its remaining parts even if individual conditions are ineffective. Should a regulation be wholly or partially ineffective, the contractual partners will immediately endeavor to achieve the economic success aimed for with the ineffective regulation in another, legally permissible way.

(As of February 2021)