§ 1
Scope and provider
(1) The general terms and conditions (hereinafter referred to as “GTC”) regulate the
sale of products by Kiss Couture (hereinafter referred to as the supplier) to you and are
valid at the time of the order.
(2) Deviating terms and conditions of the customer will be rejected.
(3) Please read these terms and conditions carefully before placing an order
with Kiss Couture. By placing an order with Kiss Couture you agree
that these conditions of sale apply to your order.
einverstanden.
(4) At Kiss Couture we offer you the sale of the following products:
Clothing and accessories for women
§ 2
Formation of the contract
(1) Contracts on this portal can only be concluded
in the German language.
(2) The offers are aimed exclusively at end customers with a valid invoice and delivery address worldwide.
For individual bulky items, the possible delivery addresses and the
place of delivery are limited; the restrictions are listed in the respective
list price.
(3) The customer must be 18 years old by the time of purchase.
(4) The presentation of the goods in the online shop does not constitute a legally effective
offer. By presenting the goods, the customer is merely
asked to make an offer.
(5) Your order constitutes an offer to Kiss Couture to conclude a
purchase contract. The customer submits a binding offer if he or she
has gone through the online ordering process by entering the information requested there
and in the last step of the order has clicked on the “Buy now” button.
(6) The purchase contract between the provider and the customer will only be finalized by
a declaration of acceptance by the provider. This takes place on the earlier of the two
dates, either by sending the goods or sending a confirmation of dispatch
by email. Note that the confirmation of receipt of your order
does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal household quantities as well
the commercial resale of the object of purchase requires explicit
confirmation from the provider. This applies to both the number of
ordered products as part of an order as well as for the posting of several
orders for the same product where each order contains
normal household amounts.
(8) Your orders will be saved by us after the conclusion of the contract.
If you lose your documents on your orders, please email
or phone us. We will send you a copy of the order details.
(9) You agree that you will receive invoices electronically. Electronic
Invoices will be sent to you by email or in the customer account on our website.
We will notify you of each delivery in the shipping confirmation
and inform you whether an electronic invoice is available.
For further information on electronic invoices, please visit our website.
§ 3
Prices and shipping costs
(1) Our prices include the respective valid legal value added tax and
do not include a flat-rate shipping fee or a shipping surcharge. The
shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of the products in
our catalog may be marked with the wrong price. We check the
prices when we process your order and before we charge payment.
When a product is priced incorrectly and the correct price
is higher than the price on the website, we will inform you before shipping the goods
to ask if you want to buy the product at the correct price or
cancel the order. If the correct price of a product should be lower
than the price quoted by us, we will charge the lower amount
and send you the product.
(3) The prices at the time of the order apply. If list prices
are available, the prices of the list price valid at the
time of the order shall apply.
§ 4
Delivery and cancellation
(1) Unless otherwise agreed, the delivery will be made to the
address specified by the customer. You will find information on the availability of the products
that are sold by Kiss Couture on our website (e.g. on the respective
product detail page). We point out that all information on availability,
shipping or delivery of a product is only indicative and
are approximate guidelines. They are not binding or guaranteed
shipping or delivery dates, unless this is expressly designated as a binding deadline
in the shipping options of the respective product.
(2) If Kiss Couture determines during the processing of your order that
products you have ordered are not available, you will be informed separately by email or by message
in your customer account. The legal rights of the purchaser remain unaffected.
(3) Insofar as delivery to the customer is not possible because the delivered goods
do not fit through the entrance door, front door or staircase of the customer
or because the customer is not at the delivery address specified by him
although the delivery time is announced to the customer within a reasonable period,
the customer bears the costs for the unsuccessful delivery.
(4) The delivery is made according to the customer's payment method. In the case of advance payment,
the delivery will be made after the payment order has been issued to the remitting bank.
For payment by PayPal, credit card, gift card, direct debit,
immediate transfer or invoice, delivery takes place after conclusion of the contract.
(5) If your order is shipped in more than one package, it may
occur that you receive a separate shipping confirmation for each package.
In this case, there is a separate sales contract for each shipping confirmation
between the customer and the provider about the products listed in the respective shipping confirmation.
Contract partner is Kiss Couture. Regardless of your right of withdrawal
you may cancel your order for a product free of charge at any time before you receive the
corresponding shipping confirmation.
§ 5
Customs
(1) If you have ordered products at Kiss Couture for delivery outside of the European
Union, you may be subject to import duties and taxes that may be charged
as soon as the package reaches the specified destination. Any additional
customs clearance fees are your responsibility; we have
no affect on these fees. Customs regulations are very different from
country to country. You should contact your local customs office for more information
on the regulations.
(2) Please also note that when ordering from Kiss Couture, you are considered the importer
and must comply with all laws and regulations of the country where you receive the products.
Protecting your data is important for us
and we would like to make our international customers aware
that cross-border deliveries are subject to opening and inspection
of customs authorities. For more information, please read our
customs information.
§ 6
Payment
(1) The customer can pay for the goods using the following payment methods:
Paypal
Credit card
Direct debit:
In the case of a return debit note for which the customer is responsible, Kiss Couture will collect
will charge a flat rate compensation of € 3 (three euros). The customer can
prove that the damage did not occur at all or was significantly lower
than the flat rate fee. The above regulations apply accordingly to
payments of the purchase price of goods sold by third parties.
Instant bank transfer
Payment by invoice:
Payment by invoice is only available for consumers aged 18 and over.
The delivery address, home address and billing address must be identical
and located in the following countries:
Germany
For services that are transmitted online (e.g. software for download) and
gift cards, payment by invoice is not possible.
The invoice amount is due upon receipt of the invoice. Kiss Couture reserves the right
to not offer certain payment methods in individual cases.
When paying by invoice, a one-time fee of 0 € (zero Euro) including the
applicable value added tax will be charged per delivery in addition to any shipping
costs for the complete shipment. The purchaser will always be
informed separately before conclusion of the contract whether this fee is due.
If the invoice amount is not paid on the due date for reasons for which the buyer
is responsible, Kiss Couture will charge a flat-rate
compensation of 0 € (zero euros). The customer can prove that
no damage occurred at all or that it is significantly lower than the
flat rate.
In case of payment by invoice and in other cases for justified cause
Kiss Couture will check and evaluate the data provided by the customer.
Payment in advance
(2) Certain payment methods can be exculded by the provider
in individual cases.
(3) The customer is not permitted to pay for the goods by sending
cash or cheques.
(4) If the customer chooses an online payment method, the customer thereby
authorizes the provider to collect the amounts due
at the time of the order.
(5) Should the provider offer payment in advance and the customer
chooses this payment method, the customer has to transfer the invoice amount within
five calendar days after receipt of the order to the account of
the provider. The provider reserves the goods accordingly
for five calendar days.
(6) Should the provider offer payment by credit card and the customer
choose this payment method, the latter expressly authorizes the provider to
collect the amounts due after dispatch of the partial deliveries or
deliveries of goods.
(7) Should the provider offer payment by direct debit and the customer
chooses this type of payment, the customer issues the provider with a SEPA
basis mandate. If, when paying by direct debit, a payment transaction is reversed
due to insufficient funds in the account or due to incorrectly transmitted bank
account details, the customer shall
bear the costs for this issue.
(8) Should the provider offer payment in advance and the customer
chooses this type of payment, the customer undertakes to pay the invoice amount
within 14 days of dispatch of the goods, without any discount
to settle.
(9) Should the customer be in arrears with payment,
the provider reserves the right to claim damages for delay.
§ 7
Set-off and right of retention
(1) The customer only has the right to offset if the
customer's counterclaim has been legally established
or is not disputed by the provider.
(2) The customer can only exercise a right of retention
if his or her counterclaim is based on the same contractual relationship.
§ 8
Retention of title
Kiss Couture retains ownership of the goods
until full payment has been received.
§ 9
Transport damage
(1) If the purchaser should receive the goods with obvious transport damage
the provider asks him to complain as soon as
possible.
(2) Should the customer fail to make a complaint, this will not have any
consequences on the legal warranty rights. The complaint
aims to ensure that the provider can assert his or her
claims against the carrier.
§ 10
Right of defects
(1) If the customer is a consumer, the warranty and liability for defects
of the purchased items shall be governed by the statutory provisions:
According to these regulations, customers in the European Union have,
in addition to their 30-day return guarantee, warranty rights for a period of two years from
from the time of the delivery of the goods and can demand
the repair or replacement of products purchased on Kiss Couture if
they prove to be defective or not as described. If the goods cannot
be repaired within a reasonable time or without difficulty
or if they cannot be replaced, the customer can demand a refund or discount
for the price of the purchase.
(2) In the case of used goods, the warranty period can be shorter than
two years.
(3) If the customer is not a consumer, the defect shall be remedied by a new delivery
or new fulfillment.
§ 11
Limitation of Liability (Products)
(1) The provider is liable for damage claims by the customer from the
injury to life, body, health or from the violation of
essential contractual obligations, as well as for other damages, which are based on their
intentional or grossly negligent breach of duty, or one of the legal representatives
or vicarious agents of the provider.
(2) Essential contractual obligations are obligations whose fulfilment is
necessary to achieve the objective of the contract.
(3) The provider is liable for violations of essential contractual obligations based on
contract-typical, foreseeable damage, provided that the
damage was caused by simple negligence. This limitation does not apply to
claims for damages of the customer, which are based on an injury to life,
of the body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) As far as the liability of Kiss Couture is excluded or limited,
this also applies to the personal liability of employees, representatives and
assistants.
§ 12
Cancellation policy
(1) If the customer is a consumer, he has a right of revocation
in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days
without giving reasons.
The revocation period is fourteen days from the day on which you or
a third party named by you, who is not the carrier, have taken possession
of the goods (or the last goods, partial shipment or piece in the case of a
contract for several goods of a uniform order or the delivery of goods
in several partial shipments or pieces) without giving reasons to revoke.
Gründen zu widerrufen.
To exercise your right of withdrawal, you must inform us:
Kiss Couture
Schmidener Straße 231a
70374 Stuttgart
by means of a clear declaration (e.g. a letter sent by post,
fax or email) about your decision to withdraw from this contract.
You can use the sample withdrawal form on our
website or transmit us another clear statement.
If you make use of this option, we will immediately send you
a confirmation of receipt of such a revocation
(e.g. by e-mail).
In order to comply with the cancellation period, it is sufficient that you send
the notification of the exercise of the right of cancellation before the end of
the cancellation period and that you have returned the goods via our online
return center within the period defined below.
For additional information regarding the scope, content and
explanation of the cancellation policy, please contact our customer service.
(3) Consequences of revocation
If you cancel this contract, we will refund all payments that we have
received from you, including delivery charges (with the expection of
additional costs resulting from the fact that you have chosen a different method
of delivery than the cheapest standard delivery offered by us
immediately and at the latest within 14 days from the day
on which the notification of your revocation of this contract is received by us.
For the refund we use the same payment method
that you used in the original transaction,
unless expressly agreed otherwise with you; in no
event will you be charged for this refund.
We may refuse a refund until we have received the goods
or until you have provided evidence that you have returned the
goods, whichever is earlier.
You must return the goods without delay and in any case within 14
days at the latest from the day on which you inform us of the cancellation
of this contract to
Kiss Couture
Schmidener Straße 231a
70374 Stuttgart
The deadline is met if you send the goods before the 14-day period
vor Ablauf der Frist von 14 Tagen absenden. Der Käufer trägt die Kosten der Rücksendung oder fordert über unser System ein vergünstigtes Retouren-Etikett (3,90€)an, welches ihm einen versicherten Versand inkl. Versand-Tracking garantiert.
(4) Exceptions to the right of withdrawal
You shall only be liable for any loss of value of the goods if
this loss of value is due to handling of the goods which is not necessary
for testing the nature, properties and functioning of the goods.
zurückzuführen ist.
The right of revocation does not exist or expires for the following contracts:
for the delivery of goods which are not suitable for return for reasons of
health protection or for reasons of hygiene and whose seal
was removed after delivery or which were inseparably mixed
with other goods after delivery
due to their nature;
for the delivery of sound or video recordings or computer software
in a sealed package, if the seal has been removed
after delivery;
for the delivery of goods that are manufactured
according to customer specifications or clearly
tailored to personal needs;
for the delivery of goods that can spoil quickly or whose
expiration date would be quickly exceeded;
for services, if Kiss Couture has provided them in full
and you have taken note of them before placing your order and have
expressly agreed that we can start providing the service,
then you will lose your right of withdrawal if the contract is
fulfilled in full;
for the delivery of newspapers, periodicals or magazines, with the exception
of subscription contracts; and
for the delivery of alcoholic beverages, the price of which upon conclusion of the
contract of sale has been agreed to, but its delivery can only take place after
30 days and its current value depends on fluctuations in the market,
over which the entrepreneur has no influence.
§ 13
Exclusion of the right of revocation
(1) The right of revocation does not apply to contracts
for the delivery of goods which are not prefabricated and for the
production of which an individual selection or determination by the
consumer is decisive or which are clearly tailored to
the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose
expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods which are not suitable
for return for reasons of health protection or hygiene
if their seal has been removed after delivery;
for the delivery of goods, if these were inseparably mixed
with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software
in a sealed package, if the seal has been removed
after delivery.
§ 14
Data privacy
(1) Should personal data (e.g. name, address, e-mail address)
be collected, we undertake to obtain your prior consent.
We undertake not to pass on any data to third parties
unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g.
by e-mail) can have security gaps. Accordingly, an error-free and
trouble-free protection of third party data cannot be fully guaranteed.
In this respect, our liability is excluded.
(3) Third parties are not authorized to use contact data for commercial activities,
provided the provider has given the persons concerned
prior written consent.
(4) You have the right to receive complete and free information from Kiss Couture
about your personal data at any time.
(5) Furthermore, there is a right to rectification/deletion
of data/restriction of processing for the user.
(6) Further information on data protection can be found in the
separate privacy policy section of this website.
§ 15
Cookies
(1) We may use cookies to display the product range.
Cookies are small text files that are stored locally
in the cache of the visitor's
Internet browser.
(2) Many websites and servers use cookies. Many cookies
contain a so-called cookie ID. A cookie ID is a unique identifier
for the cookie. It consists of a string of characters which can be used
to assign Internet pages and servers to the specific Internet browser
in which the cookie was stored. This enables the
Internet pages and servers visited to distinguish the individual browser
of the person concerned from other Internet browsers that contain
other cookies. A specific Internet browser can
be recognized and identified by the unique cookie ID.
(3) Through the use of cookies, the users of this website can
be provided more user-friendly services that would not be possible without
the cookie setting.
(4) We would like to point out that some of these cookies are transferred
from our server to your computer system, whereby these are usually
so-called session-related cookies. Session-related cookies are
characterized by the fact that they are automatically deleted from your hard drive
at the end of the browser session. Other cookies remain on your computer
system and enable us to recognize your computer system
during your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose
a banner is available to you which you can object to/accept.
(6) Of course, you can set your browser so that no
cookies are stored on the hard drive or cookies that have already been stored
are deleted again. The instructions regarding the prevention as well
as deletion of cookies can be found in the help function of your browser
or software manufacturer.
§ 16
Place of jurisdiction and applicable law
(1) For disagreements and disputes arising from this
contract, the law of the Federal Republic of Germany applies exclusively,
excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities
under public law or special funds under public law is the registered
office of the provider.
§ 17 Assignment of claims
As far as we are entitled to assert our claims, we will call in a service provider, this is the assignment of the claims to SAHU MEDIA Technik UG & Co. KG, Friederike-Nadig-Str. 31, 12355 Berlin, to whom we will forward the necessary personal data. The transfer of your data, as well as the assignment of the claim, is exclusively for the purpose of asserting claims. Further information on data protection from SAHU MEDIA Technik UG & Co. KG (billingportal.de) can be found under: https://billingportal.de/datenschutzerklaerung/
§ 18
Final provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors.
Our products for children can only be purchased by adults.
If you are under 18, you may use Kiss Couture only with
the involvement of a parent or guardian.
(3) If you breach these terms and conditions and we do not take action against it,
we will still be entitled to exercise our rights on any other occasion
in which you breach these terms and conditions of sale.
(4) We reserve the right to make changes to our website,
regulations, conditions including these terms and conditions at any time.
Your order is subject to the terms of sale, contractual
conditions and general terms and conditions of business
that are required by law or governmental order at the time of your order
(in which case they also apply to orders you have
placed previously). If any provision of these
Terms of Sale is invalid, void or for any reason unenforceable,
that provision shall be deemed severable
and shall not affect the validity and enforceability
of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other
provisions of the contract. Should this case occur, the provision
shall be replaced by another legally admissible provision that
corresponds to the meaning and purpose of the invalid provision.
Bestimmung entspricht.
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