TERMS AND CONDITIONS

by 6th Feb.2020

 

1. Validity

The following General Terms and Conditions ("Terms and Conditions") apply to all purchase contracts between KLIZA Clothing e.U. and an end-consumer or business (in short "Contractual Partner") in the current version at the time of the order.

 

2. Conclusion of a contract, Storage of the contract text

2.1. The following regulations regarding the conclusion of the contract apply to orders via our Online-Shop on the website www.klizafashion.com.

2.2. If the contract is concluded, the contract is concluded with KLIZA Clothing e.U.

2.3. The presentation of the goods in our Online-Shop is not a legally binding offer for contract on our part, but is a non-binding invitation to the Contractual Partner to order goods. By ordering the desired goods, the Contractual Partner makes a binding offer to conclude a purchase contract.

2.4. The contractual partner makes a binding contract offer by successfully going through the order procedure provided in our Online-Shop.

The order procedure includes following steps:

1. Click "SHOP" on the start page

2. Select the product(s)

3. Move products to cart by clicking on "IN DEN WARENKORB - ADD TO CART"

4. Check your cart

5. Confirm cart with the button "Zur Kasse gehen – Proceed to Checkout"

6. Entry address, select method of delivery and payment and entry payment data

7. Re-check respectively correct the entered data

8. Accept the General Terms and Conditions

9. Binding sending of the order by clicking on the button "PLACE ORDER"

 

Before sending the order the Contractual Partner can return to the website by pressing the button "Back" in the browser, on which the details of the Contractual Partner are recorded and correct the order details. By closing the internet browser the order process can be cancelled.

We immediately confirm the receipt of the order by an automatically generated e-mail (order confirmation).

2.5. After ordering, we will send you the order data by e-mail. The terms and conditions can be viewed at any time at www.klizafashion.com/termsandconditions. Your order details are no longer accessible via the Internet for security reasons, but we store them electronically.

2.6. The purchase contract is concluded with the transmission of an order confirmation, but at the latest with the delivery of the ordered goods.

 

3. Prices, shipping costs, payment

3.1. The prices quoted are in EURO and include the statutory sales tax. Shipping costs will be added depending on the country of the recipient. Other costs like custom fees or import duties are not included in the prices and must be borne by the Contractual Partner.

3.2. The Contractual Partner has the option of following payment methods:

  • Credit/Debit Card

  • Paypal

  • Sofort (Klarna)

 

4. Delivery

4.1. The delivery of the ordered goods is carried out regularly by mail. Contractual Partners can choose between standard and express delivery. The costs of shipping must be borne by the Contractual Partner.

4.2. All offered items by us are ready to ship immediately, unless clearly indicated in the product description.

The delivery takes place within one to five working day(s). The deadline for delivery starts on the day of conclusion of the contract. If the deadline ends on Saturday, Sunday or a public holiday at the place of delivery, the deadline ends on the next working day. For the delivery times please see www.klizafashion.com/shippingcosts.

4.3. The delivery may be delayed for individually made goods. The Contractual Partner will get informed about the planned delivery.

4.4. The risk of accidental loss and accidental deterioration of the sold item is transferred to the Contractual Partner at the delivery of the item to the Contractual Partner. If the Contractual Partner is a business, the risk of accidental loss and accidental deterioration of the sold item passes to the Contractual Partner already at the announcement of the dispatch and its delivery readiness.

4.5. If a parcel is obviously damaged on delivery, the Contractual Partner has to insist on recording this fact in writing by the deliverer. The Contractual Partner has to notify us in writing (by post or e-mail) of any damage to a product within seven days.

4.6. If the delivery time is longer than 30 days, the contracting party has the right to withdraw from the contract of purchase.

 

5. Right of Ownership

We reserve the ownership of the goods until full payment of the purchase price.

 

6. Terms of Cancellation

If the Contractual Partner is a consumer, a right of withdrawal is his or her’s due.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last received goods

In order to exert your right of withdrawal, you must inform us by contacting us, KLIZA Clothing e.U., Mühlbauerstraße 1, 4407 Steyr, Austria (office@klizafashion.com) with a clear statement (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can request a sample withdrawal form from us by e-mail, but this is not mandatory. Upon receipt of your revocation we will immediately send you an e-mail confirmation of the receipt of your revocation.

To maintain the revocation period, it is sufficient that you send the notice of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

When you have revoked the contract, we have to return all payments we have received from you immediately, except delivery charges, and at the latest within fourteen days from the date on which the notification of your withdrawal of this contract has been received by us. The cost of the return has to be borne by the Contractual Partner. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case we will charge you for this repayment fees. We may refuse the repayment until we have received and reviewed the goods. From the day you inform us of the cancellation of this contract, you have to return the goods immediately and in any event no later than fourteen days. The deadline is met if you send the goods before the deadline of fourteen days.

International contractors bear the direct costs of returning the goods. For contractors from Austria, the return is free of charge. A return label is detached to the parcel.

Please note that not prepaid packages cannot be accepted.

You only have pay for any value loss of the goods if this loss of value is for the examination of the nature, characteristics and functioning due to an inappropriate handling of the goods by you.

The end of the cancellation policy.                                    

 

Exclusion of the right of withdrawal

No right of withdrawal exists for goods that

a) are not suitable for return because of health or hygiene reasons (e.g. earrings, bras, bra stickers).

b) have been worn, washed, altered, soiled, or damaged.

c) label has been removed.

d) have not been returned in the original packaging.

 

9. Warranty and damages

9.1. A warranty claim is excluded, unless otherwise stipulated by consumerism regulations.

9.2. We do not assume any liability for damages, in particular for indirect damages or loss of profit nor for warranty or product liability, unless consumerism regulations provided otherwise.

9.3. If we are liable for damages according to the legal provisions, our liability is limited to intent and gross negligence. Our liability is limited in amount with the specific contract fee. Further liability is excluded unless consumerism regulations provided otherwise.

9.4. We assume no liability for the topicality, correctness, completeness and content of the information provided.

9.5. The photographs contained in the product description are only examples. Due to the uniqueness of the products or due to the materials used, there may be color deviations or slight differences in size between the actual product and its representation on the Internet, which does not, however, entitle the Contractual Partner to a claim.

9.6. We accept no liability for late deliveries arising out of circumstances beyond our control (e.g., later manufacture by the designer of single items, delivery problems of the shipping agent).

9.7. We are not liable for allergies or incompatibilities of the Contractual Partner against any raw material used in our products. An allergy or incompatibility of the Contractual Partner do not take him/her to the complaint.

 

10. Set-off, retention

A set-off of claims of the Contractual Partner against our claims as well as a possible right of retention are excluded, unless otherwise stipulated by consumerism regulations.

 

11. Applicable law, place of jurisdiction, place of performance, written form

11.1. Insofar as mandatory legal provisions do not preclude this, Austrian law is expressly applicable; the application of UN sales law is expressly excluded.

11.2. In case of disputes, the place of jurisdiction is the competent court at the registered office of KLIZA Clothing e.U.

11.3. The place of performance is the registered office of KLIZA Clothing e.U.

11.4. Changes and additions to this contract must be made in writing, this also applies to side agreements and subsequent contract changes, as well as the departure from the written form requirement.

 

12. Contract language

The language of contract is German only.

 

13. Severability Clause

Should a provision in these Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that is closest in economic and legal terms to the provision to be replaced.

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