The customer receives measuring instructions from the supplier, as well as a form for recording the details required for the production of bespoke boots/shoes. The customer takes the measurements him/herself and returns the required information to the supplier. The supplier does not accept any liability for the measurements taken by the customer.
The supplier notifies the customer of the expected completion date. The completion date may be delayed due to unforeseen circumstances. If the notified completion date is exceeded by more than 2 months, and if the delay is not due to circumstances for which the customer can be held responsible, then the customer has the option of withdrawing from the contract. Further compensation for damage resulting from delay is excluded, except in cases of wilful intent or gross negligence. The supplier is also responsible for the coincidental impossibility of performance occurring during the delay, unless the damage would have occurred even if the goods had been delivered on time.
If the supplier is unable to meet the completion date as a consequence of an act of God or operational breakdown, for example due to strikes, lock-outs, absence of skilled personnel or of contracted supplies, for which he has no control, then he is not liable to pay compensation for delays occuring as a result. The supplier is, however, obliged to inform the customer about the delay in so far as is reasonably possible.
The supplier sends the ordered item to the customer, if necessary against cash on delivery. The customer will be in default in the acceptance of the goods if he culpably fails to accept the COD. The ordered item can also be stored elsewhere, at the supplier's discretion. The costs and risks of storage will be borne by the customer.
After placing the order, the customer will receive an order confirmation/invoice by return. The invoice is payable without deductions within 10 days of receipt.
VAT and postage and packaging costs are payable by the customer.
Any rectification of the invoice by the supplier, and any objection by the customer, must be notified in writing and at the latest 6 weeks after receipt of the invoice.
The due payment date is deemed to be not the date of transfer, but the date on which payment is received by the supplier.
Offsetting of counterclaims is excluded unless a legal title exists or the counterclaim is undisputed. The customer can only assert a right of retention in so far as it is based on claims arising from this contract.
Interest for late payment is charged at 5% p.a. above the prevailing German Federal Reserve Bank base rate. It can be set higher or lower if the supplier proves damages at a higher interest rate or the customer proves a lower rate.
The supplier gives the following guarantee for the items ordered, whereby a claim for compensation for non-performance in the event of an absence of warranted qualities remains unaffected.
If the customer takes delivery of the ordered item and notes a defect, he only has a warranty claim if he reserves it immediately.
The supplier remedies a defect that is under the warranty at his own cost in his workshop. Since these are bespoke products, the supplier has the right to remedy a defect at least three times. The repair will be done without charging for those costs that are necessary for the purpose of the repair, in particular transport, travelling, work and material costs.
If the repair fails, in particular if the defect cannot be removed or if further attempts at repair are unreasonable for the customer, then the customer can demand redhibition (cancellation of the contract) or abatement (reduction of the payment), or in case of wilful intent or gross negligence, compensation from the supplier.
The supplier is only liable for direct or indirect damage incurred by the customer, irrespective of the legal reason, in the case of wilful intent or gross negligence. The supplier's liability is conclusively regulated in paragraph 3. Claims for compensation under the German Product Liability Act remain unaffected.
The supplier reserves title to the ordered product until the complete payment has been received.
For all present or future claims arising from the business relationship with traders, including bill-based claims and cheque-based claims, the sole place of jurisdiction is the supplier's registered domicile. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction at home, transfers his place of residence or usual place of abode from his home country after placing the order, or if his place of residence or usual place of abode is not known at the time of bringing an action.