General Terms and Conditions (GTC) Künzli SwissSchuh AG
1. General
All business transactions like sales, delivery etc. are in accordance to the following terms that are an integral part of each purchase or delivery contract. Other terms or additional agreements will only be valid if they are agreed in writing by Künzli SwissSchuh AG (Künzli).
A contract is valid only by confirmation or by delivery by Künzli.
2. Offers and Prices
The published catalogue- and list-prices are non-binding. Prices are subject to alteration and depend on e.g. currency exchange rates and price increases of our suppliers respectively. Whenever a written offer was given, these prices are set for the validity period of the offer.
3. Delivery Fees
Künzli prices are always ex-factory in Windisch, CH. Fees for packaging and transport are added. They vary according country and delivery type and are listed in the online shop and in the ‘condition sheets’ for our trade partners or clients, which complete these GTC.
4. Contract / order
Our information with respect to goods and prices during the ordering process remains non-binding. You can order by phone, fax, mail or online. If you order online, you submit a binding offer as soon as you have gone through the ordering process giving the requested information by pressing the button “submit order”. A soon as you have submitted your order, we will send you an e-mail confirming your order with us with all the details required. With this step the offer is accepted and you are entitled to receiving the goods delivered to you.
The minimal age for online-orders is 18 years.
5. Payment/Reservation of Ownership
The payment can be done by invoice (only Switzerland), credit card (exclusively VISA and Master Card), Postcard, or cash on delivery. All the prices are in Swiss francs or Euros depending on the address of delivery; they include the legal value added tax (CH 8 %, GE 19%); shipping costs have to be added. The price at the moment of setting the order is applicable. the delivered goods stay the property of Künzli SwissSchuh AG until the complete amount is paid. Unjustified deductions will be demanded in. We reserve the right to charge as of the second dunning letter CHF 5.00. Further claims, in particular for default interest, remain unaffected.
6. Right of Return
For dealers: Please see the conditions sheet
You are allowed to revoke your order without declaring your reasons within 14 days. In case of a return the customer receives the amount that he has paid minus the costs of the delivery, the maximum being the price listed at the moment of return. Only unused goods can be returned.
Customers from Switzerland are asked to send the goods to the following address:
Künzli SwissSchuh AG
Hauserstrasse 47
CH-5210 Windisch
Customers from the EU are asked to send the goods to the following address:
Lamprecht Transport AG
Künzli Swisschuh AG
Zollstrasse 7
DE-78239 Rielasingen-Worbling
You must enclose the completed returns notice and use, whenever possible, the original packaging. For the observance of the deadline the sending off on time is sufficient. The returns to the centre of delivery are completely at the costs and risks of the customer.
7. Design and Quality
The delivered shoes may be subject to minor variations in colour or leather. They do not entitle to complaint. The exemplary model defines the basic implementation. Künzli reserves the right to make reasonable changes in the shape, colour and weight of products.
Exemplary models or its pictures define the basic design, technical changes or deviations in shape, colour and/or weight are reserved in reasonable scope.
8. Exemplary Models
Exemplary models are the property of Künzli SwissSchuh AG (if they are not cleared) and may not be used otherwise without our consent.
9. Complaints
Complaints are only valid if notified to Künzli within 8 days after receiving the goods. If the defects may not be seen openly the notification time is one month. If the complaints are justified the goods are replaced as fast as possible or an agreement is developed. A retraction from the order is not possible. Indemnities for late delivery by Künzli are excluded if it is due to an occurrence that Künzli cannot influence (storm, inundation, strike, etc.).
10. Liability Limitations
Reworking or replacement-delivery are excluded in cases of repair, manipulation or improper use by the customer during the period of assertion of claims for breach of warranty. In such cases a retraction from the agreement is not possible. In all the other cases we refer to the orders of the Swiss OR.
11. Delivery
Delivery and shipment are conducted on commission of the purchaser and at his risk with the usual or agreed means of transport. Damages of transport have to be recorded and protocolled to and at the carrier at the moment of delivery and promptly to Künzli. After information by the customer, lost items are searched for by Künzli with the help of the usual means. We reserve the right of property to the goods until the complete purchase price is paid.
12. Terms of payment, further conditions
Payment can be effected by invoice (Switzerland only), credit card (exclusively VISA und Master Card), Post Card or by cash on delivery. All prices in the online-shop are stated – depending on the address of delivery, in Swiss Francs or in Euro, and they include the legal VAT collection. If the payment is done by invoice the payment has to be carried out in the currency noted, and to the account mentioned, following the conditions that supplement the General Conditions for our trading partners or according to the possible payment possibilities indicated on the lists for our customers.
Künzli reserves the right to deliver goods against an advanced payment. Advance payments and payments on account are not interest-bearing.
Unjustified reductions are claimed. We reserve the right to charge DHF 5,00 starting from the second reminder. Further claims, especially claims on default interests, remain.
13. Data Protection and Data Security
Künzli SwissSchuh AG (Künzli) guarantees the confidential treatment of all stored personal data of registered users. Künzli only stores the data that are necessary for the process of business relations.
In the context of this data protection declaration we would like to inform you how we guarantee the protection of the data given to us:
The protection of the personal data like name, address, password, telephone number, and e-mail is of high concern to us. Such personal data are requested and used by Künzli only in accordance with Swiss privacy legislation.
Künzli wants to assure you that no personal data are used beyond this website without your consent. It is completely up to you to decide whether and to what extent – in the context of registry or anything similar – you want to deliver these data or not.
14. Data Transfer via Internet
As you know, the Internet is an open and easily accessible network. That is the reason why the Internet is not a secure environment per se. Even if the various data packets are transferred by encrypted transmission, this is not the case für the receiver and the sender. Furthermore it is possible that the data are transferred to countries that have less strict Data Protection Rules. For the security of data during transfer via Internet Künzli SwissSchuh AG denies all liability.
15. Collection and Use of Information
As soon as you enter our site, different data (date, time, IP-address etc.) are stored automatically. It goes without saying that no personal data like name, address, etc. are collected and stored. All the data are collected anonymously and analyzed for anonymous reasons only (time spent on site, number of accesses per day etc.) Such data are treated in a confidential way and are never made accessible to a third party unless required by law or requested by the competent law enforcement authority.
16. Legal venue and law
Exclusive jurisdiction and legal venue for all disputes arising from this contract shall be at Künzli’s head office in 5210 Windisch / Switzerland.
Swiss law exclusively is applicable to all our business activities excluding Vienna convention on contracts for sale of goods.
17. Final clause
If a single term of the above might reveal not valid the General Terms and Conditions remain valid as a whole. The parties will agree upon a new term that economically corresponds as closely as possible to the invalid one.