Terms and Conditions
Last Updated: 10.10.2024
§1 Scope of Application
(1) These Terms and Conditions exclusively apply to the business relationships between the sole proprietorship Kindl Bernadette (hereinafter referred to as “we”) and the customers (hereinafter referred to as “you”) in their version valid at the time of your order. Deviating terms and conditions on your part will not be recognized.
(2) We reserve the right to amend, supplement, or delete these Terms and Conditions at any time.
§2 Offer and Conclusion of Contract
(1) By placing an order for the desired goods and clicking the “Purchase” button, you submit a binding offer to conclude a contract, which is accepted by us without further confirmation by dispatching the goods.
(2) The scope and execution of the delivery are determined by the conditions you specified and selected. The contract is concluded under the conditions, price, and shipping costs applicable to the respective product offer.
(3) You purchase our arm warmers, headbands, and ROLLOVER multitubes for personal use only. Commercial resale of the purchased items is not permitted. We reserve the right to take corresponding (trademark) legal measures. If you wish to order a larger quantity of arm warmers, wrist warmers, or headbands for commercial resale, please contact us via email.
§3 Product Colors, Patterns, and Production
(1) We take great care to depict the colors of the shop products as accurately as possible. However, we point out that there may be slight deviations between the colors shown in the images and the actual color and pattern shades. Minor deviations are often caused by monitor settings and do not constitute defects.
(2) Additionally, some fabrics processed for our arm warmers, headbands, and ROLLOVERs are carefully pre-washed to prevent shrinkage or discoloration (e.g., with red cotton) during subsequent washes.
(3) Please note that pattern sections and their alignment can vary for each ROLLOVER due to the cutting process. The ROLLOVER is not a mass product but is individually crafted in our studio in Vienna.
§4 Prices and Payment
(1) Our prices are listed in Euros and include 20% VAT.
(2) Deliveries are generally only made after payment has been received.
(3) We offer the payment methods displayed in the footer.
§5 Delivery Conditions and Deadlines
(1) All orders are processed within 3 business days after payment receipt and shipped according to the delivery terms. The goods are delivered to the address you provide at the shipping costs displayed in the shop. Delivery times of 3–5 days are non-binding. If we cannot meet a delivery deadline, we will inform you immediately and provide an estimated delivery date. Should the item you ordered be unavailable, we will inform you promptly and reserve the right to withdraw from the contract and not deliver the unavailable item. If you have already paid, we will refund the amount immediately.
(2) Delivery is at your expense and risk as soon as the goods are handed over to the shipping company.
(3) Additional taxes and customs duties that may apply for deliveries to your country are your responsibility. Please contact your customs office for information about applicable taxes and duties.
(4) We deliver to the countries listed in our online shop. If your country is not listed, please contact us.
(5) Costs incurred for returns due to incorrect or incomplete address information will be charged to you. The same applies if the reason for return is a refusal to accept the goods on your part.
§6 Right of Exchange and Returns
(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 receiving the goods without providing a reason. Products sent as “postage unpaid” will not be accepted.
(2) Products can be returned to the following address: KINDL Atelier, Kandlgasse 5A, 1070 Vienna, Austria.
(3) All returned items are inspected. Purchased products must be returned with all packaging materials and product descriptions and must show no signs of use. Return shipping costs are borne by you. Returns will be rejected if:
• Signs of use are visible.
• The product is returned without the original packaging and product descriptions.
• The product is damaged due to insufficient protective packaging.
We will only refund the purchase price. Customs duties, taxes, and the original shipping costs will not be refunded.
(4) If the product has quality defects or is not what you ordered, KINDL will gladly refund the purchase price, return shipping costs, applicable customs duties and taxes (with receipts), and the original shipping costs. Products will not be accepted for return if they show:
• Signs of normal wear.
• Damage caused by improper use.
• Modifications by the buyer or third parties.
• Extreme usage or external influences.
• Force majeure, such as natural disasters.
Products can be returned to the address provided in the sender field of the delivery note/invoice.
(5) No costs will be refunded if the product is lost during return shipping. We recommend returning the product with insurance (registered mail) or a provider offering tracking.
§7 Retention of Title
The delivered goods remain our property until full payment of the purchase price and associated costs is received.
§8 Warranty, Defects, Complaints
(1) We always strive for proper processing and impeccable quality of our goods; however, if defects occur, we will ensure smooth resolution. You are entitled to statutory warranty rights in the event of a significant defect. Warranty-covered defects will be remedied at the discretion of KINDL Bernadette through repair or replacement.
(2) You are obligated to inspect the goods for defects as soon as possible under normal business circumstances and notify us immediately if defects covered by warranty are found. Failure to do so may result in the loss of your rights under §6 (4).
(3) Unless otherwise stated, further claims by the buyer – regardless of the legal basis – are excluded. We are not liable for damages not caused directly to the delivery item, especially not for lost profits or other financial losses. This exclusion also applies to personal liability of employees, representatives, and agents. The limitation does not apply in cases of intentional or gross negligence, personal injury, or under the Product Liability Act. The warranty period is 12 months from delivery. This period also applies to claims for consequential damage unless based on unlawful actions.
(4) For other breaches of duty, we are liable only for intent and gross negligence. This limitation also applies to our legal representatives, employees, and agents.
§9 Data Security
(1) Details are outlined in our Privacy Policy.
§10 Intellectual Property Protection
(1) Our trademarks, business names, designs, illustrations, products, and website content are protected by copyright. The Rollover® is an invention and development by designer Bernadette Kindl. Reproduction, imitation, or modification of any kind is prohibited.
§11 Final Provisions
(1) For customers in Austria:
The present Terms and Conditions and contracts concluded based on these Terms and Conditions are governed by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Vienna.
(2) For all other customers:
All transactions are governed by Austrian law. The place of jurisdiction is Vienna. However, this only applies to consumers insofar as the protection provided by mandatory provisions of the law of the state in which you reside is not withdrawn. The provisions of the CISG do not apply.
(3) If any provision of these Terms and Conditions is found to be wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provisions will be replaced by provisions that come as close as possible to the intent of the invalid provisions.