Terms & Conditions

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier
(Cross Jeanswear GmbH) via the www.crossjeans.de website. Unless otherwise agreed upon, the inclusion, if
necessary, of your own conditions is ruled out.

(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally
responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or
commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products.

(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.

(3) You can use the online shopping cart system to place a binding offer of purchase (order).

Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in
the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has
been called up and the respective personal data and payment and shipping conditions have been entered, all
the order data is displayed again on the order overview page. Before the order is sent, you can re-check all
the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase
When the order is placed using the “Place order in conjunction with a liability to pay” button, you are
considered to have made a binding offer to us.

You then receive an automatically-generated email regarding the receipt of your order. This email does not
yet lead to the conclusion of a contract.

(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2
days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement)
regarding the execution of the order or the delivery of the products in question.

If you have not received any corresponding message within this deadline, you are no longer considered to be
bound to your order. Under such circumstances, any services that have already been provided are restored
without undue delay.

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail
address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is
guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Special agreements related to the offered payment methods

(1) Validity check

If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to CEG
Creditreform Consumer GmbH, Hellersbergerstr. 11, 41460 Neuss, for a validity check using a
mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the
mode of payment of an invoice or debit note on the basis of the results of the validity check.

§ 4 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same
contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.

§ 5 Liability

(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health.
Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is
fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and
in all other legally regulated cases.

(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation
in our customer information (Part II).

(3) If the situation in question relates to important contractual obligations and involves minor negligence, our
liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual
obligations’ refers to important obligations that follow from the nature of the contract and whose violation
would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the
contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment
makes it possible for the contract to be executed in an orderly manner, and compliance with which may
regularly be taken for granted by you.

(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the
situation in question involves violations of obligations associated with light negligence.

(5) The current state of the respective technology makes it impossible to guarantee that data transmission
operations that use the internet will take place in an error-free manner characterised by permanent availability.
In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service
offered on the website.

§ 6 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation
of the protection guaranteed by the mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund
governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for
all services that follow from the business relationships that exist with us. The same condition applies to
situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as
situations in which the place of residence or the usual place of residence is not known at the time of
commencement of proceedings. This has no bearing on the capacity to call upon the court associated with
another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly

II. Customer information

1. Identity of the seller

Cross Jeanswear GmbH
Alexander-Meißner-Str. 38
12526 Berlin
Telephone: nicht vorhanden
E-Mail: shop@crossjeans.de

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance with § 2 of our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping
cart system the contract data can be printed out or electronically saved using the browser’s print function.
After the order is received by us, the order data, the legally-mandated details related to distance selling
contracts and the standard business terms are re-sent to you via e-mail.

4. Codes of conduct

4.1 We have chosen to be bound by the Käufersiegel quality criteria of Händlerbund Management AG, which
can be viewed at the following link:

5. Main features of the product or service

The main features of the product and/or service can be found in the product description and the
supplementary details appearing on our website.

6. Prices and payment arrangements

6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They
include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be called up via the
relevant button on our website or in the relevant item description, are separately specified during the ordering
process and must be borne by you separately, unless a free delivery has been agreed upon.
6.3 The payment methods that are available to you are specified under a correspondingly-named button on
our website, or in the respective product description.
6.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the
contract that has been concluded become payable immediately.

7. Delivery conditions

7.1 The delivery conditions, the delivery date and any potential delivery restrictions can be found under a
correspondingly-named button on our website, or in the respective product description.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being
destroyed or degraded during shipping only passes over to you when the item in question is delivered,
regardless of whether or not the shipping operation is insured. This condition does not apply if you have
independently commissioned a transport company that has not been specified by us or a person who has
otherwise been appointed to execute the shipping operation.

8. Statutory warranty right

8.1 The statutory warranty rights are applicable.
8.2 As a user, you are requested to promptly check the product for completeness, visible defects and
transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping
company in writing.Even if you do not comply with this request, it shall have no effect on your legal warranty

These SBTs and customer details were created by the lawyers specialising in IT law who work for the
Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the
legal security of the texts and assumes liability in case warnings are issued. More detailed information can be
found on the following website: http://www.haendlerbund.de/agb-service.