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Terms and Conditions

Technical implementation and support:

 

General Terms and Conditions

The following conditions shall be deemed to have been read and agreed when an order is placed. Other agreements will then only be valid if they have been confirmed by us in writing.

  1. Prices: apply ex works or ex warehouse, excluding packaging, plus Value Added Tax. Costs for mounting advertising and any tools required for this purpose (dies, templates etc.) will be charged in addition.
    The granting of a discount will only be binding on us if we have confirmed it in writing.
  2. Contractual partner, Conclusion of the contract: The purchase contract is concluded with KWS Küttler GmbH. The depiction of products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the order button, you are placing a binding order for the goods contained in your shopping cart. The confirmation of the receipt of your order is issued via email immediately after your order is placed and does not constitute contractual acceptance of the order. We may accept your order by sending a declaration of acceptance in a separate email or by dispatching the goods within 2 days. A binding contract may be concluded in advance of this as follows: if you have selected PayPal as your means of payment, the contract is concluded at the time of your confirmation of the payment transfer to PayPal.
  3. Delivery times are only approximate. Force majeure, breakdowns, or delivery delays on the part of the manufacturer entitle us to extend the delivery time until the obstacles are eliminated or to withdraw from the contract. In either case, we are not obliged to pay compensation for damages. Incidentally, in the case of delayed delivery, the purchaser must allow a grace period of 4 weeks.
  4. Shipping costs: Shipping fees are charged in addition to the stated product prices. Further details regarding the amount of the shipping costs can be found on the respective product pages.
  5. Payment: The following means of payment are available to you in our shop:
    • Advance payment

If you select Advance Payment as your means of payment, you will receive an Advance Payment invoice, which includes our bank details, and we will deliver the goods following receipt of your payment.

    • PayPal

You can pay the invoice amount via the online service provider PayPal. You must be registered with them, or register with them, and must then authorise the payment using your login details and confirm the transfer of the payment to us (you may be able to log in as a guest in exceptional cases). Further information can be found during the order process.

    • Cash on delivery

      If you select cash on delivery as your means of payment you will be charged a cash-on-delivery fee of €7.74.
    • Invoice
      Our invoices are payable within 8 days with a 2% discount or net within 14 days, calculated from the invoice date in each case. If a fixed period for payment has been granted, the invoice must be paid on the day of the expiry of the fixed period for payment at the latest. If payment is not made by the due date , the customer will be in default and the respective legal consequences shall apply. Interest will be charged for every month of default at a rate of 6%. All payments must be made exclusively to us. Sales representatives are only entitled to collect payments with written authorisation. Cheques and bills of exchange will only be credited to the customer once they have been cashed, and expenses incurred for bills of exchange shall be borne by the drawee. If the customer has been granted a fixed period for payment and his or her financial situation should deteriorate, or should he or she fall into default with the acceptance of a delivery or the agreed payment term, we shall be entitled to refuse further deliveries and to demand immediate payment.
  1. Right of withdrawal: Your right of withdrawal shall expire prematurely if the contract has been completely fulfilled by both sides at your express request before you have exercised your right of withdrawal.
  2. Self collection: As a general rule, you have the option to collect your goods yourself from KWS Küttler GmbH, Gilsatalstraße 42, 34599 Neuental, Germany, during the following business hours: Monday to Thursday from 08:00 to 16:00 and Friday from 08:00 to 14:00, excluding on public and company holidays. Please inform us of your intention to collect no later than three working days in advance so that we can retrieve the goods from our warehouse. You can pay by cash when you collect.
  3. Delivery and dispatch: We expressly reserve the right to make surplus or short deliveries, deviating by up to 10% of the ordered quantity, and to supply slight deviations in colour, material, and design, as is standard within the market. The stated dimensions, weights, and design are always to be considered approximate and are in no way binding. Shipment will not be insured and will be at the expense and risk of the purchaser. Packaging and shipping fees will be invoiced to the purchaser, and packaging cannot be returned to us.
  4. Packing station: We do not deliver to packing stations.
  5. Complaints: These must be submitted to us in writing within a cut-off period of one week following receipt of the goods. Defects in one part of the delivery do not entitle the purchaser to object the entire delivery. In the case of justified complaints, only the cancellation or rescission of the purchase contract may be requested, and not a reduction or compensation for damages.
  6. Advertising texts: Corrections will only be sent upon request; minor text changes made for technical reasons are permitted without consultation. If the sending of a text correction is agreed, this shall be automatically deemed to be approved if the change request from the customer is not received by us in writing within three days from the date of the correction. If the customer has agreed the sending of images, advertising texts, etc. in the order, we can only use these if they are received in due time. If these documents are not submitted to us in due time, then the customer declares him/herself to have consented to the posting of the standard market advertising at our discretion.
  7. Property rights: If a delivery of goods is assigned to us based on a drawing, samples, or models, the ordering party warrants that the property rights of third parties will not be violated as a result of the production or delivery. The ordering party shall indemnify us against all third party claims for infringement of intellectual property rights.
  8. Retention of title: The delivered goods shall remain our property until the account is settled in full.
  9. Transport damage: If goods are delivered with obvious transport damage, please make a complaint regarding any such faults immediately with the delivery agent if possible and please contact us without undue delay. Failure to raise a complaint or establish contact has no implications whatsoever with regard to your legal entitlements and their assertion, in particular your warranty rights. It will, however, help us in asserting our own claims against the carrier or with our transport insurance provider.
  10. Contract text storage: We store the contract text and will send you the order details and our T&Cs via email. You can also view and download the T&Cs on this page at any time. Your previous orders can be viewed in our customer login area.
  11. Contract language: The language for the conclusion of contract is German.
  12. Law governing liability for defects: Statutory warranty rights apply for all goods in our shop.
  13. Court of jurisdiction and place of fulfilment: The exclusive factual and local court of jurisdiction shall be the Fritzlar Local Court
    The place of fulfilment is the Supplier's head office.
    The agreement concerning the court of jurisdiction also applies for the assertion of claims by way of enforcement proceedings.

 
Managing Partner: Tibor Küttler • Managing Director: Anna Küttler
Listed in the Fritzlar commercial register • HRB 11901

The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at http://ec.europa.eu/consumers/odr/