Owner of this website

Company name: Schuhfabrik A. Hickersberger GmbH & Co KG
Company owner: Renate Grabenschweiger
Products and services: Production and sale of high quality herbal shoes
Street: Schaffenfeld 8
Postcode / town: 3300 Amstetten
Authority according to ECG: District administration Amstetten
Industry: Schuhindustrie
Commercial register no: FN 16829 z / LG St. Pölten
Phone: +43 (7472) 62780
Web: https://www.hickersberger.com
E-Mail: office@hickersberger.com
Terms of Conditions:

CONDITIONS OF DELIVERY AND PAYMENT

The seller is:

Schuhfabrik Alois Hickersberger GmbH & Co KG, A-3300 Amstetten, Schaffenfeld 8, hereinafter referred to as the seller.

 Austria:               Our terms of delivery and payment apply as follows:

 Germany:          The “Conditions Cartel of the German Footwear Industry” applies.  *

                               *  subject to the following conditions:

Delivery is effected ex factory at the risk of the purchaser, by the most advantageous shipping route for the seller.

Additional costs for special requests are to be borne by the purchaser.  The seller shall comply with the specified delivery dates, but shall be entitled, in the event of operational disruptions of any kind, in particular in the event of unauthorized shortage of raw materials, strike, force majeure etc., to extend the delivery deadlines appropriately or to withdraw from the purchase contract in whole or in part, without any claim for damages being made against him.

Reservation of title

The seller reserves the title to all goods delivered by him until all claims against the buyer, regardless of the legal grounds, have been settled.  In the case of a current invoice, the retention of title applies to the respective balance.  If the goods are returned by the seller, no withdrawal from the contract is included.  The goods are credited at the market value determined by the seller. ,

The customer is obliged to insure our property against fire, water and theft. 

If the seller’s property is endangered, e.g. by attachment or other access by third parties, the Purchaser shall inform the seller immediately.  In the event of non-compliance with payment obligations, the purchaser’s right to sell shall expire.   

If the law of the country in which the goods delivered by the seller are located does not permit the agreement of a reservation of title or does not permit the agreement of a reservation of title in the form set out above, the buyer shall be obliged to agree to the conclusion of an agreement which is legally permissible and economically achieves the same purpose.

Protective rights

The manufacturing process, patents and other know-how of the goods supplied by the seller are his intellectual property and are subject to his proprietary rights.  Any infringement, in particular the production and/or distribution of the seller’s items by third parties in violation of the seller’s rights, will be prosecuted.

Guarantee

Open defects must be notified within 10 calendar days of receipt, hidden defects one week after detection, at the latest by the end of the delivery season.  The notice of defect must be made in writing and describe the complaint in a verifiable manner.  Small deviations in design and colour are within the scope of the contract.

In addition, the seller shall, at his choice, supply replacement free of charge, repair the objected goods or grant credit.  All further claims are excluded insofar as this is legally permissible.  This applies in particular to claims for damages.

The return of the objected goods by the purchaser requires the prior consent of the seller and must be free of charge.  If the complaint is justified, the costs for the most advantageous route of freight shall be reimbursed.

All warranty claims expire as soon as the customer has started to repair the objected goods or as soon as the goods are worn. 

Payment terms  

(from invoice date)

 Austria:               10 days 3 % discount

                               30 days 2% discount

                               60 days net

 Germany:          14 days 3 %  discount

                               30 days 2 %  discount

                               60 days net

If the buyer is in default with a payment that is due from current or previous contracts or if there is any substantial deterioration of his financial circumstances, the seller may withdraw from the yet non-performed part of the contract or insist that cash payment be made for future deliveries or a security be provided prior to the shipment of goods, all this without prior grace period.

Should individual clauses be wholly or partly invalid, this shall not affect the validity of the remaining clauses or parts of such clauses.  Instead, the legal regulation applies.

The seller does not accept any different terms of delivery and payment, even if they are expressly attached to an order or an order confirmation, unless they have been confirmed by the Seller in writing.  The terms of delivery and payment of the seller shall be decisive.  These are indispensable for all deliveries.  Seller’s silence on contrary terms shall not be deemed acceptance by the seller.

The exclusive place of jurisdiction for all disputes between seller and buyer is the courts competent for Amstetten, Austria.

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