Terms & Conditions KUKLA

dispute resolution:

https://www.wko.at/service/wirtschaftsrecht-gewerberecht/Alternative-Streitbeilegung---Neue-Informationspflichten-.html

1. About the terms and conditions
   • The following terms and conditions („Terms“) set out the terms and conditions that will apply to every contract between you as the customer, including your legal successor, and the KUKLA Lifestyle GmbH („KUKLA“), including its legal successor, about the purchase and delivery of the goods offered by KUKLA via the online shop www.madamekukla.com, including domains forwarding to this site. All deliveries and services provided by KUKLA will be made under the Terms valid at the time of the order.
   • KUKLA reserves the right to adopt and change the Terms.
   • Both consumers and entrepreneurs are considered to be customers under point 1.1. A consumer is every natural person, whose purpose of the order cannot be related to a commercial or self-employed activity. Contrary an entrepreneur is a natural or legal person or business partnership with legal capacity, that places orders for commercial or self-employed purposes.
   • The language of the contract is English.

2. Orders and acceptance
   • The products’ presentation in the online shop www.madamekukla.com is no offer, but only an invitation to submit an offer to purchase a product. By completing the electronic order process in our online shop you can order products. By selecting one or several products they are placed in the shopping basket (“my bag”). In your bag you can see all the products selected and can adjust the number of products or remove single ones. By clicking the button “checkout” you will be forwarded to give both the relevant information needed for shipping and to choose your method of payment. Before completing your order all relevant information is shown to you in a summary. By clicking the button “complete order” your order is finished.
   • Your order constitutes a legally binding offer. The right of withdrawal (see point 10) is not affected by this. A confirmation of receipt of your order will be sent to you immediately after you have placed your order. This does not constitute a legally binding acceptance by KUKLA. We can accept your order by sending an order confirmation via e-mail or shipping the ordered product.
   • Our advertisement offers are non-binding unless agreed or constituted otherwise.
   • In case of a return please only use the attached return sticker. If there are any questions, please contact hello@madamekukla.com.

3. Prizes
   • The product prize is always the prize indicated in the online shop when you place your order. All prizes are total prizes, including taxes.
   • Costs related to currency exchange have to be paid by the customer.
   • In case the product shall be shipped to a third country outside of the EU or EEA, all the related costs, especially customs duties and taxes have to be paid by the customer.

4. Payment
   • We accept the following methods of payment: credit card (VISA, Master Card, American Express, Discover JCB, Diners Club), paypal, direct transfer and prepayment.
   • If there is no other method of payment agreed on, the customer is obliged to fully pay the purchase prize when the contract is concluded. The product is shipped after receipt of payment on our bank account.
   • You accept to receive credit notes and receipts only in electronic form.

5. Shipping costs & delivery conditions
   • We deliver worldwide, with the exception of the here listed countries/regions.
   • Shipping within Austria and Germany is free of charge, if the total amount of your order is 30 Euro or more. In case the order is below 30 Euro, the customer has to pay 8 Euro shipping costs.
   • Shipping outside of Austria and Germany within the European Union is free of charge, if the total amount of your order is 240 Euro or more. In case the order is below 240 Euro, the customer has to pay 10 Euro shipping costs.
   • In case of worldwide shipping outside of the European Union the customer has to pay 18 Euro shipping costs.
   • The exact shipping costs are shown at the end of the ordering process and can also be seen here in our shipping overview.
   • Costs of an EMS-shipping (Express Mail Service) have to be paid by the customer.
   • If your order consists of several items, KUKLA reserves the right to split the delivery. The customer will not be charged for any additional costs relating to the split delivery.
   • Your order will be delivered by an external delivery service.
   • In case KUKLA cannot deliver your ordered products due to force majeure or production stoppages or in case KUKLA cannot manufacture the ordered products under reasonable circumstances and in case those circumstances occurred after contract formation and KUKLA is not responsible for those circumstances, KUKLA is released from its delivery obligation. In case of events, that make the delivery for KUKLA complicated or impossible – e.g. strike, ecological or other disasters, order by public authorities or the like – KUKLA cannot be made responsible for delays, not even in cases of binding deadlines.

6. Warranty
   • The provisions of the applicable national law concerning warranty shall apply. The warranty period for consumers shall be two years starting from receipt of the products.
   • In case of any warranty claims or other complaints, please contact hello@madamekukla.com.

7. Exclusion of liability in cases of slight negligence
   • Claims for damages in case of slight negligence are excluded. This does not apply in case of personal injuries or product liability claims (PHG).
   • The same applies in case products are not properly presented on our website due to technical issues, misspelling, inaccuracies or other mistakes on our website.

8. Default of acceptance and undeliverability
   • The period of time how long an order, that is undeliverable or not accepted by the customer, is stored varies from country to country and complies with the terms of the delivery service provider of the respective country.
   • In case the not accepted or not deliverable order must be sent back to KUKLA, the customer has to bear the related costs. KUKLA is entitled to set off the respective costs with already made payments by the customer.
   • In this case the contract shall be deemed to be terminated, unless KUKLA states something different in written form. KUKLA promises to retransfer already made payments minus the costs described under point 2 within 14 days after receipt of the parcel.

9. Reservation of ownership
   • The products remain KUKLA’s property until full payment.
   • In case of defaulting payment KUKLA is entitled to claim all rights from the reservation of ownership. The assertion of the reservation of ownership does not constitute a termination of the contract, unless KUKLA explicitly declares the withdrawal from the contract.

10. Withdrawal
    • Provided that you are a consumer according to the Consumer Protection Act (KSchG), you shall have the right of withdrawal within 14 days without stating a reason.
    • You have the right of withdrawal within 14 days starting with the day of conclusion of the contract respectively after receipt of the products by you or a designated third party that is not the delivery service provider.
    • In case of an order of several products, which was placed as a consumer within a common order and delivered in several parts (split delivery), you shall also have the right of withdrawal within 14 days starting with the day on which you or a person appointed by you, who is not the delivery service provider, has received the last part-delivery.
    • To exercise your right of withdrawal, you have to inform KUKLA with a clear statement (mail or e-mail) to withdraw from this contract. Therefore you can use the standard withdrawal form, which is not mandatory.
    • To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods before expiration of the withdrawal period.

11. Consequences of withdrawal
    • In the event of an effective cancellation as a consumer, all payments received by you including costs of delivery (not including costs related to your choice of a shipping method that is different from the cheapest offered by us) shall be returned immediately, latest within 14 days from the day where we receive your cancellation note or the products. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, no fees will incur as a result of the reimbursement.
    • We are authorized to decline the repayment until we have received the products or until you have provided us with the proof that the products have been sent to us, depending on which occurs first.
    • You have to bear the ordinary costs of return, including costs that occur at the responsible delivery service provider, because of the undeliverability or default in acceptance of goods (Point 8) or you do not use the attached returns label and thereby cause additional costs for KUKLA.
    • You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
    • Returns shall be addressed to eCommlogistics GmbH, Talpagasse 1a, Tor 4, 1230 Wien. The products shall be sent back immediately, no later than 14 days after having informed us about your decision to withdraw. Therefore please use the returns label including your order details. To comply with the mentioned time limit, you have to send your withdrawal or return the goods by the end of 14 days.

12. Data protection and Newsletter
    • Please check our data protection declaration here: https://www.madamekukla.com/pages/datenschutzerklaerung
    • You agree that the following personal data, namely name/company name, commercial register number, e-mail, delivery and billing address as well as bank account and credit card details, will be stored and processed by computer for the purpose of concluding and processing your purchase order as well as for our own marketing purposes, such as delivery of advertising material, newsletters, product information or other company related information of KUKLA.
    • You agree to receive messages from KUKLA regarding our products, current offers and other company related information by promotional e-mails, mail and newsletters.
    • The approval to receive such notices can be revoked any time by notifying us, e.g. at hello@madamekukla.com. 

14. Severability clause
    • Should one or several clauses of these Terms be entirely or partially ineffective or become ineffective due to legal provisions or case-law, the validity of the other conditions remains hereby untouched.

15. Place of jurisdiction and applicable law
    • To the extent legally permissible, the contractual relationship shall be construed and enforced in accordance with Austrian law, excluding the application of the CISG.
    • To the extent legally permissible, all disputes between the parties shall be settled at the responsible court of Vienna, Innere Stadt (inner city).