General terms and conditions
Fundamental:
All deliveries and services of the company Kata Papić based on online orders via the Internet are subject to these terms and conditions. Deviating and/or supplementary agreements require the express consent of Kata Papić as well as the written form; this also applies to a waiver of the written form requirement. No fundamental waiver of the validity of the following provisions may be derived from a tacit waiver of the observance of the written form in the past and in the future. Any terms and conditions of business of the purchaser, customer or contractual partner that deviate from the following provisions shall not be binding, even if they have not been expressly objected to. Delivery and service contracts shall only become binding after confirmation by us. Obvious inaccuracies, spelling or calculation errors entitle us to correct them at any time without loss of legal validity. If the contracting party is in default with its counter-performance or cooperation obligations, we shall be entitled to suspend further performance of contracts until the contracting party has performed its obligations without being released from its obligations. The contracting party is also obliged to compensate the damage caused by the delay. In the event of default on the part of the contractual partner, we shall also be entitled to withdraw from the contract as a whole and to claim damages for non-performance. Compensation for damages due to non-fulfillment shall be set at 30% of the contract amount as agreed, unless we have incurred higher damages. Offers are subject to change until confirmed by us in writing. If orders are cancelled – for whatever reason – we have the right to charge the costs incurred up to that point on a time and material basis.
§1 Prices
All PRICES at Kata Papić are in EURO (€). We expressly reserve the right to make printing errors.
§2 Order
The order of the goods is made by sending the order form. After sending you will receive a confirmation and invoice for the registered order.
§3 Payment options
The payment of the goods is made by bank transfer, or payment to our bank account by payment slip, by cash in advance, via Paypal and cash on delivery. Other payment options require written agreement. As soon as the amount is received in the account, the ordered product will be shipped. We have no influence on the transit times of the mail. Shipped every Monday to Friday – holidays excluded of course!
§4 Incidental order costs
Postage, packaging and delivery costs as well as customs and transfer charges shall be borne by the customer. We reserve the right to make partial deliveries. We are entitled to refuse orders without giving reasons. Prices are expressly subject to change without notice. For postage and packing are calculated by weight and can be viewed at the cash desk, according to the choice of destination country.
§5 Retention of title
Our deliveries and services are exclusively subject to retention of title. Ownership shall not pass to the purchaser until all liabilities to us have been met in full. This also applies if the purchase price for individual deliveries of goods designated by the customer have already been paid. In the case of a current account, the retained title shall be deemed to be security for our balance claim and shall relate to all deliveries made to date.
§6 Transport and warranty for defects
The transport risk is borne by the purchaser. Complaints must be made in writing within 7 days of receipt of the delivery. The customer shall inspect the condition of the delivered goods immediately after delivery.
§7 Age limit
We do not sell alcoholic goods to persons under 18 years of age. If you order and are not yet 18 and have not sent us a copy of your ID beforehand, we are NOT LIABLE.
§8 Effectiveness
The invalidity of individual points of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the invalid provision in terms of its economic effect.
§9 Place of performance
Place of jurisdiction and applicable law The place of performance for the mutual services owed under the order as well as the place of jurisdiction shall be the registered office of Kata Papić. This is Graz, Styria, Austria. Austrian law applies to all transactions with the company Kata Papić. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
§10 Where does the company Kata Papić deliver to?
For legal reasons, the company Kata Papić delivers the goods offered for sale ONLY WITHIN THE EUROPEAN UNION (AND IN SWITZERLAND)!
§11 Disclaimer
WE DO NOT TAKE ANY RESPONSIBILITY FOR YOUR ACTIONS AND POINT OUT AGAIN THAT EVERY BUYER ORDERS AT HIS OWN RISK.
Status: 01.02.2023
Right of withdrawal
As a consumer in the sense of § 13 BGB (German Civil Code) you are no longer bound to your order if you cancel within a period of 7 days after receipt of the goods. The revocation does not have to contain a reason and can be made in writing (an e-mail, to natur@kamas.at is sufficient) or by telephone (+43 664 19 08 272). If damaged or worn goods are returned, the amount allowed by law will be deducted; you can avoid this by simply inspecting the goods, as you would have been able to do in a store, and returning them without signs of use and in the original packaging.
Warranty
The warranty is in accordance with the statutory provisions, whereby in the event of a defect in the goods, we will first deliver or repair at your discretion. If the rectification fails or if the subsequently delivered goods are also defective, you may return the goods for a refund of the full purchase price or keep the goods and reduce the purchase price.
Please refer to the product documentation for information on any manufacturer warranties.
Jurisdiction
In the case of contracts with merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all legal disputes arising from the business relationship, including actions on bills of exchange and checks, shall be the registered office of the Seller, Graz.