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Validity
1.1 These General Terms and Conditions (hereinafter “GTC”)
TOGETHERNESS GMBH
Neubaugasse 36
1070 Vienna
Austria
Telephone: 004367762954170
Email: hello@kbsstore.at
apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “customer”) concludes with the seller with regard to its goods and services. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
Consumer is any natural person who carries out a transaction that is not part of the operation of their company. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European Economic Interest Groups (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
- Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods or services contained in the shopping cart by clicking on the button that completes the ordering process. After receipt of his order, the customer receives a separate, automated confirmation of receipt of his order(s). Such confirmation does not constitute acceptance of the offer.
2.3 The seller can accept the customer's offer within three working days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
If the customer selects a payment method as part of the online ordering process by also placing a payment order to his payment service provider to transfer the money directly to the seller's account by clicking on the button that completes the ordering process, the seller declares that, in deviation from Section 2.3 now the acceptance of the customer's offer at the time the money arrives in the seller's account.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email) after the order has been sent.
When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e-mail) after the order has been sent. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 The German language is available for concluding the contract.
2.6 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.7 If the purchase contract concerns alcoholic beverages, the customer must ensure that he or an authorized adult person is allowed to accept the goods. By submitting his order, the customer also declares that he has reached the legal minimum age required to sell alcoholic beverages.
2.8 If self-collection has been agreed, the customer will be informed by the seller that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters or at an agreed location after consultation with the seller. In this case there are no shipping costs.
- Prices and payment terms
3.1 Unless otherwise stated in the seller's product and service description, the prices stated are total prices that include statutory sales tax, but not shipping costs. By entering the recipient address in the ordering process, the shipping costs incurred are calculated. The purchase price and shipping costs are due immediately upon conclusion of the contract without deduction.
3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
3.3 The seller offers Paypal, Visa, Mastercard, Maestro, Klarna Sofort, Apple Pay and Shop Pay as payment methods. If you select a payment method offered via the “Stripe” payment service, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about Stripe is available online at https://stripe.com/de .
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Delivery
The shipping costs are as follows:
- Austria : Order value > 50€ : Free shipping
- Austria: Order value <50€: 4.50€
- Germany : Order value > 100€ : Free shipping
- Germany: Order value <100€: 7.50€
- for deliveries to the remaining EU countries €11 to €19, use the shipping calculator
- for deliveries to all other countries, use the shipping calculator
4.1 Our offers are open to all customers worldwide.
4.2 Goods are delivered by shipping to the delivery address specified by the customer. The goods are usually dispatched within a few days. Delivery dates and delivery periods are only binding if they have been expressly confirmed as such by TOGETHERNESS GMBH in writing.
Deliveries are made by a shipping service provider selected by TOGETHERNESS GMBH. The customer must pay a postage fee, which may depend on the order value and the location to which delivery is to be made.
4 .3 If the customer acts as an entrepreneur, the risk of loss or damage to the goods sold passes to the customer as soon as the seller delivers the item to the freight forwarder, the freight carrier or the person or company otherwise designated to carry out the shipment has. If the customer acts as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and other than the carrier. However, if the consumer has concluded the transport contract himself without using a choice suggested by the entrepreneur, the risk is transferred to the carrier when the goods are handed over.
4.4 If the seller incurs additional costs due to providing an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, provided that the seller had given him appropriate prior notice of the service, unless the customer, as a consumer, legitimately declares his withdrawal.
4.5 If there is a delay in delivery due to force majeure (e.g. pandemic, strike, storm, disaster, war, etc.), the delivery period will be extended by the duration of the resulting delay. Any resulting claims for damages are excluded. For customers who are entrepreneurs, this also applies if the delivery delay occurs for other reasons attributable to the suppliers. The customer's legal right to withdraw by setting a reasonable grace period remains unaffected.
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Cancellation instructions & cancellation (cancellation) form
Consumers residing in the EU have a right of withdrawal in distance selling in accordance with the following provisions, whereby a consumer is any natural person who carries out a transaction that is not part of the operation of their company.
A. Cancellation instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reasons.
The withdrawal period is fourteen days and begins from the day on which you or a third party named by you who is not the carrier took possession of the goods, or the last goods in the case of partial deliveries.
In order to exercise your right of withdrawal, you must contact us
TOGETHERNESS GMBH
Neubaugasse 36
1070 Vienna
Austria
Telephone: 004367762954170
Email: hello@kbsstore.at
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. by email). You can do that
Use the attached sample withdrawal form, which is not mandatory. In order to meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal deadline has expired.
Consequences of resignation
If you withdraw from this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have chosen), to be repaid immediately and at the latest within fourteen days from the day on which the notification of your
Withdrawal from this contract has been received by us. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
If possible, the goods should be sent back in the original packaging, as this enables damage-free shipping and the goods can arrive safely at TOGETHERNESS GMBH.
In order to avoid the package getting lost, we expressly ask that you send the package insured and including a tracking number.
If the goods are returned freight forwarded, TOGETHERNESS GMBH will not accept them without exception, as the post office will charge disproportionately high shipping costs.
If you exchange the item for a different size, you will incur additional shipping costs for the exchange delivery.
You only have to pay for any loss in value of the goods if this occurs
Loss of value is due to handling that is not necessary to check the nature, properties and functionality of the goods.
Each individual product is subjected to careful quality control during packaging so that any damage, contamination or similar on our part can be ruled out. Accordingly, careful and proper handling of the goods on your part is a basic requirement for the return. Please understand that we cannot take back items of clothing that have been soiled, worn (more than just tried on), washed or dry-cleaned by you. Any damage to the clothing items resulting from improper fitting will be borne by you.
Reduced goods, both clearance goods and goods that were ordered with a discount code, are excluded from the right of withdrawal and return.
Exclusion or premature expiry of the right of withdrawal.
The right of withdrawal does not apply to consumers who do not have residence in the EU. Furthermore, the right of withdrawal does not apply to contracts for the delivery of goods,
- which are manufactured according to customer specifications or clearly tailored to the
tailored to personal needs.
- which are delivered sealed and are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery
- Goods that can spoil quickly or whose expiry date would quickly be exceeded
B. Withdrawal form
If you wish to withdraw from this contract, please fill out this form and send it back.
TOGETHERNESS GMBH
Neubaugasse 36
1070 Vienna
Austria
Telephone: 004367762954170
Email: hello@kbsstore.at
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
______________________________________________________
Name of the consumer(s)
______________________________________________________
Address of the consumer(s)
______________________________________________________
Signature of the consumer(s) (only for paper notification)
_________________________
Date
(*) Delete what is not applicable
The purchase of the goods is not complete until they have been seen and accepted by the customer.
You can withdraw from the contract in text form (e.g. letter, email) within 14 days of receipt of the ordered goods without giving reasons. You will then receive your money back within 30 days.
- Colors
Color variations between the colors displayed on the website and the actual colors of the models may occur depending on the color reproduction of your computer. TOGETHERNESS GMBH therefore does not guarantee that the colors displayed on the website correspond to the actual colors of the models.
- Retention of title
7.1 The seller reserves ownership of the goods provided to its customers, regardless of whether they are consumers or entrepreneurs, until the purchase price owed has been paid in full.
7.2 All rights, such as copyrights and ancillary copyrights to the goods, are not transferred to the customer upon sale.9. data protection
- Warranty/Liability
8.1 The statutory warranty regulations apply.
The seller is liable for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer expressly and separately agrees to the deviation of a certain feature from the objectively required properties when concluding the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.
If the customer acts as an entrepreneur, the following also applies:
- In principle, an insignificant defect does not give rise to any warranty claims.
- The seller has the choice of how to remedy the defect
- The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
- If the customer acts as an entrepreneur within the meaning of the UGB, he is subject to the commercial obligation to investigate and report complaints in accordance with Section 377 UGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
The seller is not liable for minor negligence unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
- Place of jurisdiction/applicable law
9.1. The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers domiciled or habitually resident in the EU, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. For consumers with residence or habitual residence outside the EU, this choice of law only applies to the extent that this choice of law does not contradict mandatory law.
9.2. In relation to entrepreneurs and consumers with residence or habitual residence outside the EU, the court with jurisdiction at the seller's headquarters is agreed to be the exclusively competent court. For consumers with residence or habitual residence outside the EU, this only applies to the extent that it does not contradict mandatory law.
- Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
- Language
The contract language is German.
- Severability clause
If one or more provisions of these General Terms and Conditions are or become ineffective, this does not affect the validity of the remaining General Terms and Conditions.
If you have any questions about our general terms and conditions, please contact: office@kitschbitch.at
copyright
Refers to any website design, text, graphics, selection or layout thereof. All rights are reserved. Copying or reproducing all or part of this website is permitted only for the purpose of placing an order with TOGETHERNESS GMBH or for the purpose of using this website as a shopping resource.
Any other use of the materials or information available on this website - including reproduction, redistribution, modification and publication for any purpose other than that stated above - is prohibited unless TOGETHERNESS GMBH has previously agreed to this in writing.
Disclaimer
Liability for content:
The contents of our pages were created with great care. However, we cannot assume any liability for the accuracy, completeness, topicality and quality of the content.
Liability claims against TOGETHERNESS GMBH, which relate to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, unless TOGETHERNESS GMBH can be proven to have acted intentionally or with gross negligence Fault exists.
All offers are non-binding. TOGETHERNESS GMBH expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate notice or to temporarily or permanently stop publication.
copyright
Liability for links:
Our offer contains links to external third-party websites over whose content we have no influence. We therefore cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking.
Illegal content was not apparent at the time of linking. However, permanent control of the content of the linked pages is unreasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will immediately remove such links.
If you have any questions about our general terms and conditions, please contact:
office@kbsstore.at