TERMS AND CONDITIONS
As at: July 2019
Kinntek operates a web shop (or E-shop). These General Terms and Conditions (GTC) are valid for all goods ordered on https://shop.kinntek.com.
In the following, we wish to present our GTC, which serve as a basis for processing and making your purchases. At https://shop.kinntek.com/ we offer you the purchase of Kinntek goods and Kinntek partner goods.
Kinntek articles are all articles that we offer on https://shop.kinntek.com, as long as we do not report to you that they are Kinntek partner articles.
Kinntek partner articles are articles that we offer on https://shop.kinntek.com and that we characterize as partner articles by a mention.
1. HOW A CONTRACT IS CONCLUDED AND DELIVERY OF GOODS
1.1 The conclusion of contracts on https://shop.kinntek.com is exclusively done in either English, French or German. By ordering articles from Kinntek or from Kinntek partners, your counterparty is Kinntek Sàrl,
Y-Parc Rue Galilée 7, CH 1400 Yverdon-les-Bains VD, Switzerland.
1.2 After conclusion of the ordering process and by choosing “Payment”, you place a firm order for items in your shopping cart. An order confirmation by e-mail is sent to the buyer immediately after this process and the contract takes effect. This expressly does not as yet represent acceptance of the order by Kinntek.
1.3 Please note that we are not under any obligation to deliver the ordered goods when we have ordered them in good and timely manner from our side but have not received the delivery correctly or on time. We are not obliged to deliver the goods if we are not responsible for the lack of availability of the goods and we have informed you immediately. In case of unavailability of the goods ordered, we will immediately refund the payments already made.
1.4 We deliver your orders to you in Switzerland. If the deadline is formulated in working days, we mean every day from Monday to Friday, except statutory holidays.
2. PRICE AND DELIVERY FEES
2.1 The prices quoted in the offer at the time of the order apply. Prices shown are final. This means that they contain the legal value added tax in force.
2.2 We take care of the shipping costs for you from an order value higher than 100.- CHF.
2.3 We offer a free returns service for our products. A return label is added in each package, so you don’t have to pay postage.
The payment modes are either through a PayPal account or via direct bank transfer. The payment has to be made in advance for the order to be completed. Please note that we only accept payments from accounts in Switzerland and within the European Union (EU).
4. RETURN OF GOODS KINNTEK AND GOODS KINNTEK PARTNER
For all purchases of Kinntek goods or goods of Kinntek partners under https://shop.kinntek.com, Kinntek grants a right of return for a total of 15 days from receipt of the goods. Under this agreement, you can cancel the contract by returning the goods within 15 days of receipt (the period begins to run the day after receipt of the goods). Shipping within the time limit is sufficient for it to be considered. The condition for the exercise of the right of restitution, however, is that you have only worn the merchandise for fitting, as in a shop, and that you return it complete and intact. Cancelling the contract does not require any specific reason. In addition, please return the goods in their original packaging. For free return, use the self-adhesive return label sent with the goods.
5. REIMBURSEMENT AND EXCHANGE
The decision as to the possibility of, conditions for and handling of the return, reimbursement or exchange of purchased goods is therefore made solely by the by Kinntek under any circumstances. If the buyer is not satisfied with the delivered goods, he/she can inform our Customer Care by email to firstname.lastname@example.org. In order to make use of our “money back guarantee”, the complaint has to be made within 15 days after delivery at the latest. Concealed defects have to be reported to Kinntek as soon as they are discovered. The buyer will return the goods to Kinntek to provide proof of the defect. Kinntek will decide on the next steps, i.e. send another identical article. The refund takes place on the account linked to PayPal.
The “money back guarantee” covers the following defects: transport damages, manufacturing or packaging defects. If the outfit has been worn, the “money back guarantee” doesn’t apply.
6.1 Kinntek provides its goods unless it is prevented in doing so by circumstances for which it is not to blame.
6.2 The buyer of Kinntek goods or Kinntek partner’s goods is aware that Kinntek provides its services via the internet. In particular, because of technical faults, operating faults or faults or interruptions in communication networks and through the breakdown of IT infrastructures, parts of the infrastructure used to provide the service, there may be temporary disruptions or interruptions in the provision of services by Kinntek. Kinntek therefore gives no guarantee that its services will be available without interruption and without error.
7. ACTION VOUCHERS AND ITS REDEMPTION
7.1 Promotional Vouchers are vouchers that cannot be purchased, but that we issue in the context of advertising campaigns with a specific validity period.
7.2 Action Vouchers are redeemable only in the specified period and only once within the scope of an order process.
7.3 Promotional vouchers are limited to a percentage discount.
7.4 The value of an Action Voucher is neither paid in cash nor interest. The action coupon will not be refunded if goods are returned in whole or in part.
7.5 Action Vouchers can only be redeemed during the completion of the order process. Subsequent crediting is not possible. The action voucher cannot be transferred to third parties. Multiple action vouchers cannot be combined unless we have agreed otherwise.
7.6 If you have used an action voucher with your purchase, we reserve the right to charge you the original price of the goods you retain, if - due to your revocation - the total value of the order falls below the respective value of the action voucher.
8. CUSTOMER CARE
If you have any questions, please Email us at email@example.com.
9. LEGAL RESPONSIBILITY FOR DEFECTS AND OTHER INFORMATIONS
9.1 The legal warranty for defective products applies. Kinntek expressly reserves the right, in case of reported and noticed defects of the purchased object, to deliver to the buyer a replacement item free of defects.
9.2 You can consult these GTC on https://shop.kinntek.com. In addition, you can print or save this document using the usual function of your Internet browser (usually "File" -> "Save As"). You can also download this document as a PDF file. To open the PDF file, you need the free Adobe Reader program (on www.adobe.ch) or a similar program compatible with PDF.
9.3 If isolated provisions of the contract, including these regulations, are or become totally or partially void, or if the contract presents an unforeseen deficiency, the effectiveness of the other provisions or parts thereof shall not be affected. Ineffective or missing provisions are replaced by the corresponding legal regulations.
10. APPLICABLE LAW AND COMMERCIAL COURT
10.1 All legal acts or other legal relationships with us are governed by Swiss law. The Vienna Convention (VCLT) and any other inter-state agreements do not apply. For contracts awarded for a purpose which cannot be included in the professional or commercial activity of the beneficiary (contract with consumers), this election of right applies only to the extent that the protection granted is not abolished by imperative provisions of the law of the State in which the consumer habitually resides.
10.2 For consumers, the commercial court is the one corresponding to their Swiss location. In the context of business relations with merchants, the commercial court of jurisdiction for all disputes relating to these general conditions and individual contracts, including actions in payment of bills, is our registered office Kinntek. In these cases, we also reserve the right to act at the customer's head office or home.
11. INTELLECTUAL PROPERTY
The web shop and the entire contents of Kinntek accessible via the web shop (called "contents" in the following) are protected by copyright and, unless otherwise stated, belong solely and comprehensively to Kinntek. The web shop may contain references to the property rights and rights of use of third parties which must be complied with by the buyer. The (complete or partial) reproduction, dissemination, forwarding (electronically or by other means), modification, linking or use of the contents for public or commercial purposes is forbidden without the prior written agreement of Kinntek.
12. FINAL PROVISIONS
12.1 The buyer waives the right to offset claims against Kinntek.
12.2 Kinntek reserves the right to change these GTC at any time. Changes will be published on the Kinntek website and come into force as soon as they are published.
Y-Parc Rue Galilée 7
CH-1400 Yverdon-les-Bains VD