Kaleidarkness online shop General terms and conditions
Thank
you for your interest in our products! Below are the terms and
conditions that apply to your purchase, they are here to explain your
rights and if you have any questions you are always welcome to contact
us and we will be happy to explain how this works. What is covered here
are things such as who you are purchasing from (section 1), how to make
an order (section 2), prices (section 4), shipping and delivery (section
6), right to withdrawal (section 7), and warranties (section 9) . We
hope that you will enjoy your purchase!
General
These general terms and conditions (the “General Conditions”) apply when you (“Customer” or “you”) place an order from Kaleidarkness online shop, (“Company”, “us” or “we”) on https://shop.kaleidarkness.com.
By
accepting these General Conditions, you confirm that you are at least
18 years old or have your legal guardian’s permission and that you will
comply with the General Conditions. You also confirm that you have read
the information on personal data and cookies and approve the use of such
data in accordance with our Privacy Policy (which you find on the
Website).
We sell products to multiple jurisdictions and these
General Conditions are set out to be global . Still, depending on the
jurisdiction in which you live, mandatory law may also apply. We respect
such applicable laws and nothing in these General Conditions shall be
seen as a limitation of your mandatory statutory rights, if such laws
provide greater rights for you than set out here.
By accepting
these General Conditions, you understand and accept that any order,
purchase or transaction is made exclusively between the Company and the
Customer.
Orders etc.
When
you receive an order confirmation from us your purchase order is
accepted and a purchase agreement is entered into. We encourage you to
save the order confirmation for any future contacts with us. We may deny
a purchase order for various reasons, for example if you provide
incorrect personal data and/or have a record for non-payment of debt.
You
may withdraw your order until it has been confirmed by us. We will then
refund any payment that you, or your pay- or credit card company, have
made for the order.
We may cancel an order if the products
ordered are sold out. We will then refund any amount paid and notify you
about equivalent products if such are available.
All products ordered remain our property until we have received full payment for them.
Customer information etc.
You are responsible for that the personal data that you provide us with is correct and complete.
You
are responsible for all purchases made with your login details. So make
sure that you keep the login details secret and that no unauthorized
persons have access to them. Let us know if you suspect that an
unauthorized person have obtained access to your login details.
Prices, fees etc.
The
prices indicated on the Website apply to orders placed on the Website.
All prices are in the currency stated on the Website and include VAT
(depending on where you reside VAT may however not be applicable to your
purchase). If nothing else is stated on the Website the prices do not
include payment- or shipping fees and these are given separately. Please
note also that local charges (such as currency conversion fees, credit
or bank card fees, sales tax, customs duty etc.) may apply depending on
where you live and local regulations. Such charges are at your expense
and will not be refunded by us.
Special offers
From
time to time we may, for specific products, offer more favorable
conditions than those provided for in these General Conditions, for
example with regards to extended right of withdrawal or free returns.
Such more favorable conditions are valid only for a limited duration of
time, until the specific products are sold out, and may becancelled by
us at any time, and if we do so these General Conditions will apply
without amendments.
Shipping and delivery
Products
in stock are normally delivered within the number of working days shown
on the Website. The expected delivery time for an order is set out in
the order confirmation. In case of delay in delivery, we will inform you
and continue to monitor the order. You may cancel the order if a
delivery is delayed for more than 30 days and the delay is not due to
you.
Depending on delivery method you may be required to pick up
the order at a specific delivery point. You are required to do so within
the time specified in the notification of delivery. If you do not pick
up the delivery in time you may be charged a fee and the order may be
sent back to us at your expense. We may also cancel the order if the
delivery is not picked up in time.
Right to Withdrawal
You
may withdraw your order by notifying us within 14 days from the day
that you received the ordered products. You must then send us a
withdrawal notification containing your name, address, e-mail address,
the order number and a specification of which products that the
withdrawal relates to, for example by using the web form on the Website.
You must then also, immediately and within 14 days from the date of the
withdrawal notification, return the withdrawn products to us at your
expense. You are responsible for the condition of the products during
the shipment back to us and we therefore strongly recommend that you
send these well packaged, in good condition and in their original box
and/or packaging.
When an order is withdrawn by you, we will
refund the price that you have paid for the products withdrawn,
including any shipping costs for standard delivery to you (meaning the
cheapest available method of delivery so you will not get a refund for
extra costs due to that you have opted for express delivery or something
similar). From the amount to be refunded we will however deduct any
depreciation in value of the products if such depreciation is due to
that you have handled them to a greater extent than necessary to
determine their function or characteristics. Shipping costs are further
only refunded if the withdrawn products form a whole order and are
therefore not refunded if you cancel only parts of an order. We will pay
the amount to be refunded as soon as possible and within 14 days of the
withdrawal notification. We will however delay the payment until we
have received the withdrawn products or proof that they have been sent
to us (certificate of delivery). The refund will be paid with the same
payment method that you used to pay the withdrawn products unless
otherwise agreed.
Your right to withdrawal does not apply to contracts which:
relate
to a service which has been fully performed, if by placing the order
you have consented to commencement of performance of the service and
acknowledged that there would be no right to withdrawal after
performance of the service;
relate to goods or a service for which
the price is dependent on fluctuations on the market which we cannot
control and which may occur during the period between you receiving the
withdrawn products and your notification to us of the withdrawal of the
order;
relate to goods which have been manufactured in accordance with your specifications or which otherwise are clearly personalized;
relate to goods which may quickly deteriorate or expire;
relate
to goods with a broken seal which are not suitable for return due to
reasons of health or hygiene, and the seal has been broken by you;
relate
to goods which, after delivery, by their nature, are such that they are
mixed with other items so that the items cannot be separated;
relate to a sealed audio or video recording or sealed computer software and the seal has been broken by you ;
relate to individual issues of a newspaper or magazine;
relate
to digital content which is supplied other than on a tangible medium,
if you have expressly consented to delivery in such way and acknowledged
that there would be no right to withdrawal;
relate to cultural
events, sporting events, or any other similar leisure activity, food
service, catering, or any other similar service, accommodation,
transportation of goods or vehicle rental, where we are to provide the
service on a specific day or during a specific period.
Warranty and Complaints
Some
of our products may come with warranties. Information about such
warranties is provided on the Website or in these General Conditions.
The order confirmation is the certificate of warranty. Our warranties
cover only original manufacturing defects and accordingly not faults
arising upon or after any individual changes of the function and/or
appearance of the products, such as rebuilding, upgrading or other
configuration of the products.
You may, within 2 years (or such
longer period prescribed by applicable mandatory law) from the day that
you received the products, file complaints regarding products that are
defective according to applicable consumer protection legislation. You
must then send us a complaint containing your name, address, e-mail
address, the order number and a specification of the products that the
complaint relates to, for example by using the web form on the Website.
You must also file the complaint as soon as possible after the discovery
of the defect. Any filing of complaint made within two months from the
discovery of the defect will always be considered filed in due time.
We
will refund you for defective products in accordance with applicable
consumer protection legislation and carry the cost for return delivery
of the products to us. We strive to perform such refund within 30 days
from receipt of a complaint and finding that a refund shall be made, but
this time may be delayed depending on the nature of the product. We
also strive to comply with any guidelines regarding defective products
provided by the relevant national consumer protection authorities. The
refund will be paid with the same payment method that you used to pay
the order for the complaint products unless otherwise agreed.
Limitation of Liability
Where
applicable mandatory law does not provide otherwise, our liability is
limited to direct damages and under no circumstances are we liable for
indirect damages such as loss of earnings etc. Intellectual Property
Rights
The Website and all its content is owned by us or our
licensors and protected by intellectual property and marketing
legislation. This means that trademarks, company names, product names,
images and graphics, design, layout and information on products,
services and other content may not be copied or used without our prior
written consent.
Waiver
We
reserve ourselves for any image or typographical errors on the Website,
such as errors in product descriptions, technical specifications,
inaccurate prices or incorrect information with regards to whether a
product is in stock. We are entitled to rectify any obvious errors and,
at any time, to change or update the information on the Website
accordingly.
The images on the Website are for illustration
purposes only and do not guarantee to reproduce the exact number of
products that you would receive at an order, nor the exact appearance,
function or origin of the products.
Changes to the General Conditions
We
may change these General Conditions at any time. We will then set forth
the changed General Conditions on the Website and they will enter into
force once you have accepted them (in connection with a new order
through the Website or while browsing the Website).
Governing law and disputes
In the event of a dispute, we strive to comply with any decision by the relevant national consumer protection authorities.
Any
dispute regarding the interpretation or application of these General
Conditions shall be governed by and construed in accordance with the
laws of the country or state where we conduct our business and shall be
subject to the non-exclusive jurisdiction of the court at the place of
our incorporation. “Non-exclusive jurisdiction” means that you may bring
a claim against us in another jurisdiction if provided by applicable
mandatory law.
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These Conditions were established by Kaleidarkness online shop on 2020-01-18