Terms and conditions
Offers, sales, deliveries and charges are subject to the following conditions. The prices are based on the price list on the day of the order received at Kutzner Fuß & Schuh GmbH & Co.KG. The price list is available on the Kutzner Fuß & Schuh GmbH & Co.KG company website, and will be made available as a printed copy on request. The prices listed in the price list are also subject to additional VAT at the time of invoicing.
1. Delivery and shipping costs
Deliveries are always made at the recipient’s risk and expense.
Shipping within Germany costs €6,90. Special packaging requested by the customer or required for shipping will be charged separately. The shipping method chosen is always the cheapest option. Additional costs will be incurred for special requests (e.g. express shipping).
Shipments outside of Germany are subject to additional packaging and transport costs.
2. Delivery period
All orders are only accepted subject to correct and timely supply deliveries. Force majeure, operational disruptions, official measures or other unforeseen circumstances which impact or our suppliers absolve us from adherence to the agreed delivery times. We cannot be held liable for delayed or non-delivery caused by our suppliers. Without prejudice to any agreed delivery periods, we shall not be deemed to be in default of delivery as long as the buyer has outstanding invoices with us.
3. Warranty, material defects, defects in title, liability
3.1 Material defects
The seller shall be liable for consignment defects as follows to the exclusion of all other claims:
Identifiable defects must be reported to the seller in writing immediately upon receipt of the goods, and hidden defects must be reported in writing after discovery with an indication of order information and the invoice number.
In the event of justified complaints, the seller undertakes to remedy the defect within a reasonable period, either by repair or replacement. If a rectification fails despite three attempts or if this is impossible or unacceptable to the customer, the customer is entitled to a reduction of the purchase price after consultation or to withdraw from the contract.
Costs resulting from defective goods are assumed insofar as these relate to transport, road, work and material costs. Any further costs are excluded.
The warranty does not apply in case of unauthorised reworking, unsuitable or improper handling or storage, as well as in case of wear and tear. If the defect is only negligible, the customer is only entitled to a reduction of the contract price after making an agreement with the seller. Goods that have been complained about may only be sent back without express prior approval.
Information regarding dimensions, weight or other physical characteristics are only approximate and shall not be deemed as agreed to. The return or exchange of goods ordered and delivered correctly is not possible without our express consent.
Unapproved returns will not be accepted. We accept no liability for the additional costs arising from refusal to accept these goods.
3.2. Liability for transport damage
Identifiable defects on the transported products should be reported to the freight carrier on delivery. The damage must be confirmed by the freight carrier in writing. In addition, the seller must be informed immediately. If the recipient does not provide a notice of damage or delays, and if the seller’s recourse against the freight carrier is therefore unsuccessful, no claims can be made against the seller. The customer’s claims are limited to the freight carrier’s extent of liability.
Defects that are not externally identifiable but which have occurred during transit must be reported to the seller in writing immediately upon receipt of the goods, with an indication of order information and the invoice number.
3.3. Claims for material defects
Claims for material defects are limited to one year from the start of the legal limitation period.
4. Retention of proprietary rights
The goods remain our property until full payment of the purchase price. The buyer is not permitted to sell the goods on to a third party.
Without prejudice to further rights or rights arising from these terms, we shall be entitled to withdraw from the contract if the customer has made false statements about their creditworthiness.
Domestic: The date of the invoice is the start of the invoice due date and is payable within 14 days net cash.
International: Net payment in advance
7. Late payment
In the event of a delay in payment, we reserve the right to charge interest on arrears which are charged at the amount of usual bank interest in lieu of statutory interest. We are then also entitled to carry out outstanding deliveries only against prepayment or cash on delivery, without prejudice to further legal rights, or to demand compensation for non-fulfilment.
8. Place of performance and jurisdiction
Place of performance for delivery and payment, as well as jurisdiction, is Delitzsch.
German law applies.
10. Severability clause
Should one or more provisions of these terms or parts thereof be invalid, this shall not affect the validity of the remaining provisions. In this case, the contracting parties are obligated to establish a provision that comes closest to the ineffective provision. The newly established provision applies to both already completed and future transactions.