General terms and conditions
For the business relationship between Kaya Bags e.U. - Online Store for Bags & Accessories, FN ..... (hereinafter also referred to as "Kaya") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the respective valid version exclusively for the sale of goods in distance selling via the web store.
2. conclusion of contract
The content on our website is intended exclusively for persons with residence or permanent residence in the countries available for selection in the web store.
Images of goods are only sample photos and do not constitute a legally binding offer. For technical reasons, the website does not always present the articles in a lifelike manner, but serves only as an illustration. Depending on the screen used, colors and sizes in particular may be displayed differently. The textual description of the respective article is authoritative.
When the customer "orders" a good on our website, it is an offer by the customer to Kaya to enter into a contract of sale with him for the subject good. The confirmation of receipt of the order is made together with the acceptance of the order immediately after sending an automated e-mail. This is not yet an acceptance of the offer but merely serves to inform the customer that the offer has been received. Only with the notification that the article is made on customer request (or is started) a purchase contract is concluded. Kaya is free not to accept orders.
Contractual, ordering and business language is German.
The place of performance for all services under the contract is the registered office of Kaya.
3. right of withdrawal
The customer has the right to cancel this contract within fourteen days without giving any reason.
revoked. The revocation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. In order for the customer to exercise his right of withdrawal, he must send us (contact details) by means of a
clear declaration (e.g. a letter sent by mail, fax or e-mail) about his decision to revoke this contract. To comply with the withdrawal period, it is sufficient if the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
4. consequences of the revocation
If the customer cancels this contract, we have to the customer all payments that we have received from the customer, including delivery costs (except for the additional costs,
resulting from the fact that the customer chooses a type of delivery other than the one we have
the most favorable standard delivery offered), without undue delay and no later than
within fourteen days from the day on which the notification of the
revocation of this contract has been received by us. For this repayment we use
same means of payment that the customer used in the original transaction, it
unless expressly agreed otherwise with the customer; in no case shall
charges the customer for this repayment. We can make the repayment
until we have received the goods back or until the customer has provided proof that the goods are
has provided that he has returned the goods, depending on which of the
earlier time is.
The customer shall deliver the goods without undue delay and in any case no later than within fourteen days of
the day on which the customer notifies us of the revocation of this contract to us.
to be returned or handed over. The deadline shall be deemed to have been met if the customer delivers the goods before the expiry of
the period of fourteen days. The customer shall bear the direct costs of the
Return of the goods.
The customer shall only be liable for any loss in value of the goods if such loss in value is
loss of value to one for the examination of the condition, characteristics and mode of operation
of the goods is not necessary handling with them.
5. exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (applicable e.g. for goods individually manufactured by the customer) and furthermore for such goods that are manufactured according to customer specifications or which are clearly tailored to the personal needs of the customer.
6. statutory warranty law
Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Entrepreneurs must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality or characteristics for at least two years after delivery to the buyer. For customers acting as European consumers, the statutory warranty law applies to goods available through this application in accordance with the laws of the country of their habitual residence.
The national laws of these countries may grant customers more extensive rights.
For customers who are not acting as European consumers, the warranty rights of the country in which they have their habitual residence apply.
Claims for damages due to delay or non-performance, including those that have arisen up to the point of withdrawal from the contract, are excluded. Claims for damages shall be limited, to the extent permitted by law, to gross negligence and intent.
7. retention of title
The delivered goods remain the property of Kaya until full payment of the purchase price and any shipping costs. The customer waives the possibility of set-off. However, this does not apply to consumers in the event of our inability to pay, or to counterclaims that are legally related to our claim, have been established by a court or have been recognized by us. In these cases, consumers have the option of offsetting.
8. choice of law and place of jurisdiction
Austrian law shall apply. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. The place of jurisdiction is Vienna.
8. severability clause
Should any provision of the contract or the General Terms and Conditions be or become invalid or should the contract be incomplete, the validity of the rest of the contract shall not be affected thereby.