ATTENTION NAAX FASHION HAVE NEW OWNER FROM 01/07/2010

(1) The following Terms and Conditions apply to all contractual relationships between , Trewano Jeans Denim via Beata Giulia 15 50052 Certaldo IT05932120487 (firenze-italia) (hereafter NaaX) and its commercial customers.
(2) Different Terms and Conditions of the customer shall not apply unless their validity is expressly agreed in written form between the parties.


§ 2 Admission
NaaX as a wholesaler sells its goods to the trade only. To purchase goods from NaaX, the presentation of a trade license is prerequisite. NaaX sells its good to its customer for resell only. If customer purchases goods from NaaX that are not resold, NaaX reserves the right to exclude the customer.


§ 3 Conclusion of contracts
Contracts are conducted by customer's order (offer) and confirmation by NaaX or delivery of goods (taking). If customer pays by cash on delivery, receipt of invoice is considered as statement of acceptance.


§ 4 Payment and prices / reservation of proprietary rights / set-off
(1) All prices indicated are plus legal tax.
(2) NaaX delivers against payment in advance, cash on delivery. NaaX reserves the right to deliver initial orders and orders to customers outside the Italy against payment in advance or only.
(3) NaaX reserves the possibility to deliver also on account.
(4) Amounts payable in advance or on account are due ten (10) days after receipt of invoice. Provided that NaaX does not receive payment within the period stipulated, NaaX reserves the right to withdraw from the contract.
(5) If customer decides to pay by cash on delivery, NaaX reserves the right to invoice COD-charge separately.
(6) As long as customer is late in payment, NaaX reserves the right to charge interest payable on arrears of eight (8) percent over basic interest rate. The enforcement of further damage remains unaffected by this regulation.
(7) All goods remain property of NaaX until the complete purchase price is paid.
(8) Customer is only entitled to settlements against claims of NaaX, if accumulated claims are accepted by NaaX or if existence of claims is found to be legally valid.


§ 5 Delivery
(1) NaaX delivers goods to the address given by customer unless customer expressively designates a different delivery address.
(2) NaaX reserves the right of partial deliveries.
(3) Indicated delivery periods are not binding unless NaaX exceptionally confirmed a binding delivery date.
(4) If goods are available on stock, they are shipped by NaaX regularly within a period of three (3) working days. If goods are not available, NaaX tries to deliver as fast as possible. NaaX reserves the right to withdraw from the contract, if the good has not been delivered and cannot be delivered within an appropriate delivery period for lack of self supply and despite the conclusion of the contract. NaaX promptly notifies the customer about the failed self supply. In case of withdrawal from the contract, NaaX promptly recompenses payment that was already effected.


§ 6 Warranty
(1) If customer is employer, customer's guarantee demand that he fulfilled his duty to check and reprimand properly (§377 code of commercial law). The period of guarantee is one year starting from the date the goods are delivered.
(2) If, despite all care and efforts, delivered goods should be found faulty and if fault was already obvious at the time of transfer of perils, NaaX will either repair or replace the item. NaaX shall always have the opportunity of rectification within an appropriate period of time. Contribution claims remain unaffected by regulations above without restrictions.
(3) If refraction or replacement fails, if NaaX is not willing or able to fulfil, or if refraction or replacement exceeds an appropriate term caused by NaaX's fault, customer has the right to withdraw from the contract or to demand price reduction irrespective of any compensation.
(4) In case of fraudulent concealment of a defect or in case of acceptance of guarantee for quality of the goods at the time of transfer of perils in terms of § 444 GCC, customer's rights are subject to legal regulations.


§ 7 Liability
(1) NaaX is liable in case of damages resulting from injury of life, physical condition, negligent breach of duty by NaaX or in case of intentional or negligent breach of duty by legal representative or assistant of NaaX.
(2) For other liability claims NaaX is unrestricted liable only in case of lack of quality guaranteed and in case of intention and culpable negligence also of its legal representatives and executives. NaaX is liable for other assistants' fault only regarding slight negligence according to paragraph 3 of this liability clause.
(3) In case of slight negligence NaaX can be held responsible only in case of breach of a duty that is of special importance for fulfilment of the contract (cardinal obligation). In case of breach of cardinal obligation liability is limited in sum to fivefold of the purchase price and to such damages which have to be typically assumed in trading with clothing.
(4) Liability according to product liability regulation remains unaffected.


§ 8 Copyright and commercial trademark right
(1) NaaX publishes high-quality pictures of its products on its Web Sites. The pictures are copyrighted. NaaX owns the exclusive usufruct of the pictures. NaaX allows its customers to publish, distribute and provide pictures showing goods customer purchased from NaaX. The customer is not allowed to transfer this right to any third parties. The usufruct expires when customer sold the relevant goods.
(2) Customer is not allowed to edit or change pictures. Customer is especially not allowed to remove or change references to authors or NaaX.


§ 9 Privacy
NaaX saves and processes customer's personal data as it is necessary to process the order. Customer's personal data will be available to third parties (e. g. bank, post, delivery service) only for execution of the order. Furthermore all data are kept confidentially and will not be given to any third parties. As customer wishes, data will be deleted after completion of the order.


§ 10 Final Clause
(1) Both parties agree that German law is applicable. The stipulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are, however, not applicable.
(2) Place of jurisdiction for all disputes arising between NaaX and its customers is Firenze, it, as far as customer is trader in terms of the commercial law.