General Terms and Conditions “Aimmea Made to Fit” - Mozambique
“Aimmea Made to Fit” is registered in Mozambique under the name “Aimmea Made to Fit”, located in Maputo, hereinafter to be referred
as “Aimmea Made to Fit”.
Article 1. General
1.1 “Aimmea Made to Fit” occurs as a producer and supplier of Made to Measure clothing
and tailor clothing; suits, jackets, blazers, trousers, skirts, shirts and accessories.
1.2 “Aimmea Made to Fit” deals with production and supplying of above mentioned goods.
Article 2. Definitions
In the present General Terms and Conditions (hereinafter to be referred as: Conditions), the following terms are
used in the sense given below, unless explicitly indicated otherwise
Buyer: every natural person or legal person who contacts “Aimmea Made to Fit” for realization of an Agreement.
Agreement: any agreement established between
“Aimmea Made to Fit” and buyer, any change or addition as well as all the (legal) acts involving the preparation and
implementation of that Agreement; Products: Made to Measure clothing and tailor clothing, suits, jackets, blazers, trousers,
skirts, shirts and accessories.
Services: by or on behalf of “Aimmea Made to Fit” provided services, whether or not related
to the products and offered
services as specified in the Agreement;
Order: means any command of the buyer to “Aimmea Made to Fit”.
Announcement: any notice of “Aimmea Made to Fit” to buyer, including – but not limited to -, brochures, advertisements,
catalogues, offers, order confirmations, price lists, invoices, E-mail, faxes and letters.
Force majeure: means any external circumstance, be it envisaged or not, on which “Aimmea Made to Fit” cannot have
any influence but which prevents “Aimmea Made to Fit” from totally or partly fulfilling its obligations towards buyer or the
fulfillment of its obligations cannot reasonably be required.
These conditions also include: industrial action, or other problems during the production by “Aimmea Made to Fit” or its suppliers
and/or its own or through third parties provided transport and/or government procedures, telecommunication failures, as well as
the absence of any licenses to be given by any government.
Article 3. Application of these conditions
3.1 The stipulations of the present terms and conditions shall apply to each and every offer and agreement between
“Aimmea Made to Fit” and buyer, to which “Aimmea Made to Fit” has declared the present terms and conditions applicable,
insofar as parties have not explicitly deviated from the present terms and conditions in writing.
3.2 The general applicability of any specific terms or conditions of the buyer will expressly be rejected by “Aimmea Made to Fit”,
unless agreed upon otherwise in writing.
Artikel 4. Made To Measure
4.1 Made To Measure clothing or tailored clothing means all clothing specially measured and custom-made for the buyer.
4.2 Adjusting work means all repair and adjustments of clothing or other materials.
4.3 Made To Measure clothing or tailored clothing is manufactured based on the sizes measured by “Aimmea Made to Fit”
as well as the measurements and information provided by buyer and/or given instructions and/or sketches.
4.4 Adjustment work is done, based on the sizes measured by “Aimmea Made to Fit” as well as the measurements and information provided by the buyer and/or given instructions and/or sketches.
4.5 The accuracy of the information provided by the buyer and/or given instructions and/or sketches are entirely at the risk of
the buyer.The inaccuracy of the data and/or given instructions and/or sketches can never be used against “Aimmea Made to Fit”.
4.6. Made To Measure clothing is manufactured according to the custom-made system as designed by “Aimmea Made to Fit”.
Other systems, requirements and conditions of third parties are not legally valid.
4.7. Regarding the fitting, the rules and regulations of “Aimmea Made to Fit” will apply.
Article 5. Offers, and creation of the Agreement and indications of the products
5.1 An offer or a listing of (price) notification does not bind “Aimema Made to Fit” and shall be free of obligation unless explicitly
stated otherwise.
5.2 “Aimmea Made to Fit” shall be allowed among others, to charge on price increases if changes in price have occurred,
between the moment the offer was made and the moment of execution of the agreement based on prices of goods & services
provided by third parties.
5.3 An agreement will be realized only after the acceptance of the buyer and confirmation of acceptance by “Aimmea Made to Fit”.
“Aimmea Made to Fit” is entitled to refuse orders or certain conditions to the delivery, unless otherwise specified.
If an order is not accepted, “Aimmea Made to Fit” will announce this within ten (10) days after receipt of the order.
5.4 The declarations of numbers, specifications, and/or other indications of the Products by “Aimmea Made to Fit”,
have been carefully made.
“Aimmea Made to Fit” cannot guarantee though that no deviations will occur.
5.5 Our listings are based on a maximum of 3.5 meters of material for a 2-piece suit and 2.2 meters for a shirt.
If we need more fabric, then we reserve the right to charge the buyer for the extra material that is needed.
Article 6 Prices / Payments and Replacements
6.1 The listed prices for the products and services are in USD, including VAT and handling, excluding
any taxes and other government levies or other charges unless specified and/or agreed upon in writing otherwise.
6.2 If the buyer fails to fulfill his obligations (in due time) or defaults on them, then all reasonable costs incurred to have all
extrajudicial costs and debts paid shall be borne by the buyer.
If the buyer remains in default of payment within the set time period, he forfeits a immediately payable fine of fifteen percent (15%)
on the amount due at the moment. Buyer shall owe “Aimmea Made to Fit” interest over the made collection charges.
If the buyer is in default with any payment, “Aimmea Made to Fit” is entitled to suspend or dissolve the concerned agreement and
other related agreements.
6.3 Payment should be made without discount or compensation beforehand, unless otherwise agreed upon in writing.
6.4 Payment can be done on (one of) the following way(s): advance payment by bank, per invoice or cash.
Further payment conditions might be added to the order. When paying by bank, the date of the payment is the date of crediting
the bank account of "Aimmea Made to Fit ". If paid per invoice there will be a payment-interest charged.
If paid within 8 days this interest may be deducted. If paid after 30 days per month, per month the interest will be charged
equal to the amount of the invoice.
6.5 In certain situations it will not be possible to define in advance exactly what the total price of an order will be.
In these cases the buyer pays an advance payment. The advance payment is intended to cover the costs that “Aimmea Made to Fit”
makes to start producing this order and after the completion of the order the payable amount will be deducted with the
advance payment that is made by the buyer.
In case of an order which requires an advance payment, the work will be suspended until the payment is received.
6.6 The buyer cannot claim exchanges of the purchased goods, in case of custom tailored clothing.
6.7 In the case of purchases of non-measure clothing or accessories, the buyer has the possibility for exchanging of these
purchased goods, but only if reported within 24 hours via
E-mail and/or telephone. To be eligible for replacement, the unused items should be provided undamaged,
with original packaging and price charts.
6.8 Sale and/or discounted articles are excluded from exchange.
Article 7. Deviations and Supplements
7.1 Colors of articles due to monitor settings may differ from the actual color of the product. Deviations of and supplements to any provision in an Agreement and/or conditions apply only if they are written by “Aimmea Made to Fit”, and relate only to the concerned Agreement.
7.2 We do not guarantee a delivery date. Obviously we do our best to manufacture your clothing/accessory within the prescribed
time to deliver. The delivery date or crossing them cannot be a reason to cancel the purchase.
Article 8. Delivery time
8.1 If “Aimmea Made to Fit” has given a term of delivery, it shall only be indicative. A give term of delivery shall therefore never constitute a term to be observed on penalty of forfeiture of rights.
A delivery term is based on valid circumstances at the time the offer has been made and, depending on performance from suppliers
of “Aimmea Made to Fit”, the information that “Aimmea Made to Fit” has been given these suppliers.
8.2 If, in the framework of the execution of the agreement, “Aimmea Made to Fit” requires data to be given by the buyer,
the term of delivery shall commence after the buyer has provided “Aimmea Made to Fit” with said data.
8.3 Declared delivery times will never be regarded as a deadline, unless agreed upon otherwise in writing.
8.4 If the buyer refuses to take delivery or fails to give the information or instructions necessary to the delivery,
“Aimmea Made to Fit” shall be entitled to store the goods at the buyer’s risk and expense.
8.5 In case of crossing the delivery term, the buyer has no right at any compensation for damages or injury.
8.6. “Aimmea Made to Fit” shall be entitled to deliver the goods in parts, unless such is deviated from in writing in the agreement
or if the partial delivery does not represent an independent value. “Aimmea Made to Fit” shall be entitled to invoice the thus
delivered goods separately.
Article 9. Delivery and Risk
9.1 “Aimmea Made to Fit” provides the way of dispatching, unless otherwise agreed upon in writing,
9.2 The risk of loss of, or damage to the products being subject of the agreement, shall be transferred to buyer the moment said products are judicially and/or actually delivered to buyer and therefore fall into the power of buyer or of third parties to be
appointed by buyer.
9.3 The buyer is held to receive the purchased goods at the time of delivery.
Failing this, the goods will be returned and stored on account and risk of the buyer.
“Aimmea Made to Fit” will inform the buyer about time and place of storage and buyer will collect the goods as soon as possible
but no later than within 10 working days.
9.4 When the buyer does not collect the goods in time, without any notice he will be
in default. “Aimmea Made to Fit” is in that case entitled to store and save the goods on the account and risk of the buyer or
“Aimmea Made to Fit” is entitled, on behalf of the buyer, to sell the goods to third parties.
The buyer nevertheless remains responsible for paying the costs and cancellation charges related with this Agreement.
Article 10. Retention of Title
10.1 All goods delivered to the buyer, shall remain “Aimmea Made to Fit”s property until buyer has fulfilled all its
obligations under all agreements with “Aimmea Made to Fit”.
The obligations mentioned here are the payment of all amounts, including any interest and costs)that the buyer owes
“Aimmea Made to Fit” for all delivered goods and (to be) provided services under conditions of the Agreement.
As well as matters actions for the shortcomings in the performance of that Agreement.
10.2 The buyer shall undertake to insure the goods delivered subject to retention of title and to keep them insured against
damage and buyer shall not be authorized, as long as the buyer has not fully fulfilled its obligations towards “Aimmea Made to Fit”,
to pledge or encumber in any way the goods falling under the retention of title, unless agreed upon otherwise by “Aimmea Made to Fit”.
10.3 In case “Aimmea Made to Fit” completely or partly dissolves the order, “Aimmea Made to Fit” is entitled to take back the
unpaid part of delivered goods.
Dissolution and/or taking back of the goods, does not affect “Aimmea Made to Fit”s right on reparation of damages.
Article 11. Liability
11.1 If the goods delivered by “Aimmea Made to Fit” are defective, “Aimmea Made to Fit”s liability versus the buyer shall be
limited to the arrangements made in the present terms and conditions under “Guarantee”.
11.2 The buyer shall be held to examine the delivered goods (to have the delivered goods inspected) the moment of delivery
(handing over), but in any case in as short a period of time as possible (within 24 hours is preferable).
In this respect, the buyer must examine whether the quality and the quantity of the delivered goods complied with what was agreed upon, or at least whether they meet the requirements applying to said goods in normal (business) transactions (regarding:
fabric, model, lining and design).
11.3 Only if it is demonstrated that the products do not come up to the expectations according to the Agreement, in terms of
fitting and quality defects, “Aimmea Made to Fit” has the choice to fix/repair the products when returned, or either to replace it
by a new product or to refund the paid invoice.
Article 12. Complaints
12.1 A complaint means all grievances from buyer according to the state and quality of the delivered goods.
12.2. The buyer shall be held to examine the delivered goods, repaired clothes or materials on shortcomings and/or damages,
at the moment of delivery.
12.3. The buyer shall be held to examine the goods, at the moment of completing the order, to check whether the execution is
according the conditions of the agreement.
12.4. Small differences in color, as far as this reasonably cannot be avoided, will not entitle the buyer to hand in a complaint.
12.5. Possible visible shortcomings must be communicated in writing to “Aimmea Made to Fit” within twenty four (24) hours following delivery. Non-visible shortcomings must be reported within three (3) days following their detection.
12.6. In case of a legitimate complaint, “Aimmea Made to Fit” is only required to replace or repair
the product as soon as possible. Although “Aimmea Made to Fit” shall never be liable for indirect damage to the buyer or third parties. Buyer might be charged for possible costs for replacing or repairing the goods.
Article 13. Guarantee - materials
13.1 “Aimmea Made to Fit” guarantees that the delivered clothing meets the needs of the Agreement. “Aimmea Made to Fit” also guarantees that this clothing has the right quality and features, for everyday use as stated in the Agreement, as well for special use
as far as that has been agreed upon.
13.2 “Aimmea Made to Fit” only guarantees the materials used and delivered by “Aimmea Made to Fit “itself. Unless agreed upon differently, “Aimmea Made to Fit” the guarantee on the products will be valid for a period of 2 months starting from the date & time
of delivery to the customer.
13.3 Warranty claims include only the replacing of, respectively, the repairing of the affected materials.
13.4 Aimmea Made to Fit” does not guarantee defects caused by usage of the products/clothing outside their intended use or lack
of carefulness, or defects caused by changes made to the clothing by consumer or other parties.
13.5. “Aimmea Made to Fit” does not guarantee defects caused by changes made to the clothing by the buyer.
Article 14 Guarantee – adjustment work
14.1 “Aimmea Made to Fit” stands for durability, as well is the quality of its adjustment work,
taking into account all which is specified elsewhere in these general Terms and Conditions.
14.2 “Aimmea Made to Fit” guarantees the adjustments work which is provided, only under the following conditions:
14.3 If and only if the buyer meets these above mentioned requirements, “Aimmea Made to Fit” will do the necessary adjustment
work free of charge.
Warranty claims only contain adjusting or repairing of earlier done adjustment work.
14.4 The guarantee mentioned shall not apply when:
14.5 If the costs for the adjustment work are not covered within the guarantee, because the buyer did not meet the requirements
as mentioned in the guarantee conditions, “Aimmea Made to Fit” is entitled to fully charge the buyer for the costs of the repair
and/or adjustment work based on prices to be defined by “Aimmea Made to Fit”, either give the buyer a discount.
Article 15. Guarantee - general
15.1 If the guarantee given by “Aimmea Made to Fit” concerns a good produced by a third party, the guarantee shall be limited
to the guarantee given by the producer of the good.
15.2 The guarantee contains exclusively that “Aimmea Made to Fit” will deal with shortcomings to the best of its ability,
as well replace these products by choice and judgement of “Aimmea Made to Fit”.
15.3 Products subject to normal erosion do not fall under given guarantee.
15.4 Unless agreed upon otherwise, with respect to goods manufactured by “Aimmea Made to Fit” the guarantee is valid for a
period of two months from the date of delivery.
15.5 During the period of guarantee the supplier of “Aimmea Made to Fit” can extend the guarantee or “Aimmea Made to Fit”
- by choice- can follow and execute the guarantee of its supplier towards the customer.
15.6 The obligations guaranteed by “Aimmea Made to Fit” counts as the only complete indemnity.
To further obligations “Aimmea Made to Fit” cannot be kept, nor the buyer is entitled to dissolve the Agreement.
15.7 Repairs of products beyond the scope of the valid guarantee will be charged by “Aimmea Made to Fit”.
15.8 In case of repair of defect products within the guarantee, the buyer is obliged to pay the costs for shipping the products to
“Aimmea Made to Fit” or a different address to be specified by “Aimmea Made to Fit”.
15.9 If buyer has a right to the guarantee within the scope of the guarantee, though refuses the repair, this will be for the risk
of the buyer and will be charged and buyer will still have its payment obligations toward “Aimmea Made to Fit”.
When the concerned products are with “Aimmea Made to Fit” or under responsibility of “Aimmea Made to Fit” under other
parties care, the products will be stored under risk and for account of customer, the customer is accountable to pay for all
storage- and stocking costs to “Aimmea Made to Fit”.
15.10 The buyer preserves all legal guarantee-rights, apart from that which is provided in article 13.1 till 15.10 given with
reference to the by suppliers given trade guarantee.
Article 16. Suspension and Dissolution
16.1 “Aimmea Made to Fit” shall be authorized to suspend the fulfillment of the obligations under the Agreement or to dissolve
the Agreement, in the event that buyer is in default, buyer does not fulfill or does not fully fulfill his obligations
resulting from any agreement with “Aimmea Made to Fit”. “Aimmea Made to Fit” shall be authorized to dissolve the Agreement
and all other therewith related agreements, until “Aimmea Made to Fit” can be assured to receive the payment.
16.2 In case of (application of) (provisional) suspension of payment, (request for)
bankruptcy, suspension or dissolution of the
company of the buyer, all Agreements with buyer shall automatically be dissolved unless the buyer informs “Aimmea Made to Fit”
within a reasonable timeframe, with the request that “Aimmea Made to Fit” shall apply the Agreement.
In that case “Aimmea Made to Fit” is entitled to postpone the execution of the Agreement until the moment “Aimmea Made to Fit”
is assured that the buyer fulfills his obligations.
16.3 The point stated in Articles 16.1 and 16.2 do not affect the other rights of “Aimmea Made to Fit” on the basis of the law and
the Agreement.
16.4 “Aimmea Made to Fit” is entitled to, in the cases specified in Articles 16.1 and 16.2, without any obligations to pay for
damage and/or compensation and without notice or judicial intervention has been required, to fully or partially dissolve the Agreement,
by a written notification to the buyer and/or “Aimmea Made to Fit”s claims against the buyer shall be forthwith due and payable
and/or the appeal to the retention of title based on Article 10.
16.5 In case an event occurs as stated in Articles 16.1 or 16.2, all claims by “Aimmea Made to Fit” towards the buyer, related to the mentioned Agreement(s) shall be forthwith due and payable and “Aimmea Made to Fit” is entitled to recall the delivered product.
The buyer is obliged to take the necessary measures in order to enable “Aimmea Made to Fit” to settle its rights.
Buyer will be charged for all costs related to this recall.
Article 17. Force Majeure
17.1 If “Aimmea Made to Fit” cannot fulfill its obligations caused by force majeure, “Aimmea Made to Fit” shall also be entitled to
invoke force majeure if the circumstance rendering (further) fulfillment of the obligation(s) is impossible, commences after the point
in time on which “Aimmea Made to Fit” should have fulfilled its obligation.
17.2 Throughout the duration of force majeure, parties shall be entitled to suspend their fulfillment of their obligations.
If this period last for more than four (4) weeks, either of the parties shall be entitled to dissolve the agreement, as far as it is
justified by the force majeure.
17.3 In the event of force majeure, the buyer shall not have any rights on compensation (for damages), even when
“Aimmea Made to Fit” profits by this force majeure.
17.4 “Aimmea Made to Fit” shall inform buyer as soon as possible in event of (possible) force majeure.
Artikel 18. Orders / Communication
For misunderstanding, deformity, delay or incorrect received order-data or information, as a result of the use of internet or any
other communication medium between buyer and “Aimmea Made to Fit” or between “Aimmea Made to Fit” and third parties,
insofar as it concerns the relation between buyer and “Aimmea Made to Fit”, “Aimmea Mde to Fit” cannot be held responsible,
unless it is caused deliberately or on purpose by “Aimmea Made to Fit”s fault.
Article 19. Personal data
“Aimmea Made to Fit” will file the information provided by the buyer. These data will be used for the execution of the order and
will be, if relevantly required, available for third parties.
The data/information will be included in a central file of “Aimmea Made to Fit” and
will be, unless buyer specifically requested not to,
available for companies or organization within the group op “Aimmea Made to Fit”.
This information will be used to match the interests of the buyer with the products and services provided by
“Aimmea Made to Fit”.
Therefore “Aimmea Made to Fit” follows the Dutch legislation in the field of privacy.
Article 20. Obligations of the Buyer
20.1 Buyer shall see to it that “Aimmea Made to Fit” shall be provided in due time with all data which “Aimmea Made to Fit”
has said to be necessary or which the buyer must in all reasonableness understand to be necessary to the execution of
the Agreement.
Buyer is responsible for the correctness of the provided data.
20.2 In case that the required data, necessary for the execution of the Agreement, is not provided in time or not in available in accordance with the Agreement, or if the buyer otherwise does not fulfill his obligations, “Aimmea Made to Fit” is entitled to charge
the buyer for the additional costs.
Article 21. Secrecy
Both parties shall be bound to secrecy of all confidential information they have received within the scope of their agreement
from each other or from another source. Information shall be considered to be confidential if the other party has indicated so or if
the confidential character results from the nature of the information.
Information provided by the buyer shall be protected as described in the Privacy Policy.
Article 22. Transfer of Rights and Obligations
22.1 “Aimmea Made to Fit” is entitled transfer the rights and obligations, as mentioned in any Agreement, to third parties.
In the case “Aimmea Made to Fit” transfers its obligations towards third parties; the buyer will be, if possible,
informed prior to this action.
The buyer will be entitled to dissolve the Agreement starting from the date of transfer.
“Aimmea Made to Fit” cannot be held to pay any compensation for damage.
22.2 Buyer is not entitled to transfer his own rights and/or obligations, related to any Agreement, to third parties, unless
“Aimmea Made to Fit” has given a written permission to do so.
Article 23 Intellectual Property and Copyrights
23.1 The copyright and all other rights of intellectual and industrial property on all products manufactured by “Aimmea Made to Fit”,
to be delivered to the buyer or in any way to be placed in one’s disposal, can be held exclusively by “Aimmea Made to Fit”
or its suppliers and the buyer obtains therewith the rights of use explicitly related with these Conditions, unless “Aimmea Made to Fit”
agreed upon otherwise in writing.
23.2 Buyer shall not be allowed to introduce changes to the goods, materials, packaging, brand- name, trademark etc. provided by “Aimmea Made to Fit”, or to remove and/or change and/or imitate any of the under copyright protected subjects
(such as brand names etc.)
23.3 “Aimmea Made to Fit” declares that the products provided do not infringe the intellectual property and copyrights of third
parties applied in the Netherlands.
In the event of a claim by third parties related to infringement of such rights, “Aimmea Made to Fit” can replace or change the
product as necessary, or fully or partly dissolve the Agreement.
The buyer only has the right to dissolve the Agreement as far as maintenance of the Agreement cannot reasonably be demanded.
23.4 Buyer will notify “Aimmea Made to Fit” immediately of any claim by third parties in respect of infringement of intellectual
property and copyrights related to the products and/or services.
In the event of such a claim only “Aimmea Made to Fit” is qualified – also on behalf of the buyer – to defend itself against the legal actions that those third parties will take, either to arrange settlement of a claim.
Buyer will not take any of such actions, as far as that can reasonably be required.
In any case “Aimmea Made to Fit” will collobarate.
Article 24. Miscellaneous
24.1 If the buyer provides “Aimmea Made to Fit” with an address, “Aimmea Made to Fit” is entitled to send all orders to that address, unless the buyer indicates in writing to another address to which the orders should be sent and this is confirmed
by “Aimmea Made to Fit”.
24.2 When “Aimmea Made to Fit” permits, during short or long term, silent deviations from these conditions, it does not affect the
right that “Aimmea Made to Fit” has to require strict observing of these conditions.
24.3 The buyer can never assert rights based on the fact that “Aimmea Made to Fit” flexibly applies these conditions.
24.4 If one or more of the definitions of these conditions or any other agreement with “Aimmea Made to Fit” may be in violation
with any applicable legal regulation, the regulation will lapse and will be replaced by “Aimmea Made to Fit” by a respected and
to be determined similar regulation.
24.5 If and in so far required for the proper execution of the agreement, “Aimmea Made to Fit” shall have the right to have certain
work done by third parties.
“Aimmea Made to Fit” shall not be liable for these services or products provided by third parties.
Article 25. Applicable law, Competent Court
25.1 Dutch law shall apply to each and every agreement between “Aimmea Made to Fit” and buyer.
The Vienna Sales Convention shall be explicitly excluded.
25.2 All disputes related to this agreement will be settled by the competent court in Amsterdam.
25.3 “Aimmea Made to Fit” is always entitled to change the general sales-, supply- and payment conditions.
25.4 The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the
interpretation and purpose of these terms and conditions.
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