General Terms and Conditions
As of: February 17, 2024
§1 Scope
(1) The following general terms and conditions apply exclusively to the business relationships between the individual company Kindl Bernadette (hereinafter referred to as “we”) and the purchasers (hereinafter referred to as “you”) in the version valid at the time of the order. Differing conditions on your part will not be recognized.
(2) We are entitled to extend, change or delete the General Terms and Conditions at any time.
§2 Offer and conclusion of contract
(1) By ordering the desired goods and clicking the “Purchase” button, you are making a binding offer to conclude a contract, which we accept without further confirmation by sending the goods.
(2) The conditions specified and selected by you are decisive for the scope and execution of the delivery. The contract is concluded under the conditions, price and shipping costs applicable in the relevant product offer.
(3) You are purchasing our arm warmers, headbands and ROLLOVER Multitubes for personal use. It is not permitted to distribute the purchased items commercially. We reserve the right to take appropriate (brand) legal measures. If you would like to order a larger quantity of arm warmers, wrist warmers and headbands for commercial resale, please contact us by email.
§ 3 Product colors, patterns and production
(1) We take the greatest care to ensure that the colors of the shop products are reproduced realistically. However, we would like to point out that there may be slight differences between the colors shown in the photograph and the actual color and pattern shades. Slight deviations are usually due to monitor settings and do not represent defects.
(2) We would also like to point out that some of the materials used for our arm warmers, headbands and ROLLOVERs are carefully pre-washed. This prevents shrinkage and discoloration caused by washing (e.g. with red cotton).
(3) We would also like to point out that pattern sections and their courses can be different for each ROLLOVER due to the cutting. The ROLLOVER is not a mass-produced product, but is individually manufactured in our studio in Vienna.
§ 4 Prices and payment
(1) Our prices are in euros including 20% VAT. specified.
(2) Deliveries generally only take place after receipt of payment.
(3) We offer the payment options shown in the footer.
§ 5 Delivery conditions and delivery dates
(1) All orders will be processed within 3 working days of receipt of payment and shipped in accordance with the delivery conditions. The goods will be delivered to the delivery address you specified at the shipping prices shown in the shop. Information about the delivery period of 3 - 5 days is non-binding. If we are unable to meet our delivery time, we will inform you immediately and inform you of the expected delivery date. If the goods you ordered are not available from us, we will inform you immediately. In this case, we reserve the right to withdraw from the contract and not deliver the ordered goods if they are not available. If you have already paid the purchase price, we will refund it immediately.
(2) Delivery takes place at your expense and risk as soon as we have handed over the goods to a company commissioned with the dispatch.
(3) If additional taxes and customs duties arise for deliveries to your country, these will be borne by you. Please contact your customs office regarding the amount of taxes and duties.
(4) We deliver our products to the countries listed in the online shop. If your country is not listed, please contact us.
(5) You will be charged for the costs of a return that are based on incorrect or incomplete address information. The same applies if the reason lies in a refusal of acceptance on your part.
§ 6 Right of exchange and return of goods
(1) If you are unhappy with your newly purchased KINDL design for any reason, you have the right to return it within 14 days of receipt of the goods in accordance with the provisions of this section without giving any reasons. We will not accept products posted as freight forwarded (postage paid by the recipient).
(2) The product can be returned to the following address: KINDL Atelier, Kandlgasse 5A, 1070 Vienna, Austria
(3) All items returned in this way will be checked by us. Purchased products must be returned with all packaging materials and product descriptions and must not show any signs of use. In this case, you will bear the costs for the return transport. A return will be rejected if:
• Traces of use are visible
• the product is returned without original packaging and without product descriptions.
• the product is damaged due to transport or insufficiently protective packaging.
We will only refund the sales price. Customs duties, taxes and the original shipping costs will not be refunded.
(4) If the product has quality defects or was not ordered by you, KINDL will be happy to refund the purchase price, the transport costs for the return, the customs duties and taxes incurred (enclosed receipts), as well as the original shipping costs. The products will not be taken back if they show signs of use, such as:
• Traces based on normal wear
• Traces of improper use
• Intervention by the buyer or third parties
• Extreme use or influence by the customer
• Acts of God, such as natural disasters
The products can be returned to the address stated in the sender field on the delivery note/invoice.
(5) If the product is lost during return transport, no costs will be refunded. We recommend sending the product back insured (registered mail) or with a provider that offers track and trace.
§7 Retention of title
The delivered goods remain our property until the purchase price and the associated costs have been paid in full.
§8 Warranty, defects, complaints
(1) We always strive to ensure correct processing and flawless quality of our goods; Should any defects arise, we will of course also ensure that they are corrected smoothly.
In the event of a significant defect in the goods, you are entitled to statutory warranty rights. Defects subject to warranty will be remedied at KINDL Bernadette's discretion either through improvement or replacement delivery.
(2) You are obliged, as soon as it is practicable in the normal course of business, to check the condition of the goods received and, if there are any defects for which we are liable, to notify us immediately. Otherwise you may lose your rights mentioned in §6 (4).
(3) Unless otherwise stated below, further claims by the purchaser - regardless of the legal reasons - are excluded. We are not liable for damage that did not occur to the delivery item itself; in particular not for lost profits or other financial losses to the customer. To the extent that liability is excluded, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if there is personal injury or if the product liability law applies. The warranty period is 12 months, calculated from delivery. This period is a limitation period and also applies to claims for compensation for consequential damage caused by defects, provided that no claims are made based on unlawful acts.
(4) In the event of other breaches of duty, we are only liable for intent and gross negligence. This restriction also applies to our legal representatives, employees, employees, employees and vicarious agents.
§9 Data security
(1) Set out in detail in our data protection declaration
§10 Protection of intellectual property
(1) Our brands, business names, designs, illustrations, products and website content are protected by copyright. The Rollover® is an invention and development by designer Bernadette Kindl. Reproductions, imitations and modifications of any kind are prohibited.
§11 Final provisions
(1) For customers in Austria:
These General Terms and Conditions and the contracts concluded on the basis of these General Terms and Conditions are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Vienna.
(2) For all other customers:
Austrian law applies to all transactions. The place of jurisdiction is Vienna. However, this only applies to you as a consumer to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which you reside. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) In the event that individual provisions of these General Terms and Conditions are wholly or partially ineffective, this will not affect the validity of the remaining provisions. The wholly or partially ineffective regulations will be replaced by those whose content comes as close as possible to those that have become ineffective.