General Conditions of Contract
Validity of general Conditions of Contract
All our business transactions are concluded on the basis of these General Conditions of Contract. All other general conditions of contract of customers are herewith explicitly denied. Whenever these General Conditions of Contract refer to consumers, the relevant provisions shall be valid for consumers, but not for businesses.
Offer | Information on Conclusion of Contract
All offers are without obligation and do not oblige us to perform. Before an offer is given via Kempter7‘s web shop, the consumer is informed of the technical steps leading to conclusion of contract. Contracts must be concluded in the English or German language. The text of the contract (order confirmation) shall be sent to the consumer by e-mail without delay, however no later than on the following business day, and thereafter will no longer be electronically saved by KinesioWear.
Cancellation | Returns
Consumers are entitled to refrain from accepting a contractual offer before the contract is concluded. Once the contract is concluded the consumer is entitled to cancel the agreement within a period of thirty business days. Such period shall commence on the date of receipt of merchandise by the consumer. Notification of cancellation must be sent within the above-mentioned thirty-day period. In the event of cancellation of contract, the merchandise and the statement of cancellation are to be returned to KinesioWear at the consumer‘s expense.
Delivery | Shipment | Risk | Delivery Times
Failing explicit and written agreement to the contrary our merchandise shall be deemed sold „ex works“ (works means KinesioWear-Hard), even if delivery is made free destination with Kempter's or a third party‘s vehicle or in installments. Partial deliveries may be made. Our information on delivery times is approximate and non-binding. No claims shall be made by customers for indemnification because of delayed performance.
Defects | Warranty | Liability
We guarantee that the condition of our products shall be in compliance with contract. Notification of defects is to be made in writing by registered letter without delay, however no later than three days after receipt of the merchandise. A defect shall entitle the consumer to exchange or repair of merchandise. In order for the merchandise to be exchanged, the consumer must send the merchandise to KinesioWear within 14 days of its receipt. The date of the postmark shall be decisive. The consumer must demonstrate that the defect already existed at the decisive time, namely the time at which the risk passed. At its discretion Kempter7 is entitled to satisfy claims for indemnification not only by exchange but also by repair or price reduction.
Minor deviations in dimensions or colour are not deemed a defect. If notification of defect is not made in time or in the form set out above, the merchandise shall be deemed accepted.
Payment is handled by PayPal.
Reservation of Title
The merchandise delivered by us shall remain our unrestricted property until all liabilities arising from the transaction including any current account liabilities have been satisfied in full.
Performance | Jurisdiction | Applicable Law
Place of performance for delivery and payment is Hard, AT; this also holds true for the case that the merchandise is contractually delivered at a different place. This contractual relationship is governed by the laws of Austria and is not subject to the Convention Relating to a Uniform Law on the International Sale of Goods.
Sole jurisdiction for all disputes arising from this contractual relationship shall be held by the competent court of law for Hard. We are, however, entitled to file a lawsuit in the customer‘s general jurisdiction. This stipulation of jurisdiction and applicable law is valid only insofar as jus cogens (for example for consumers) does not provide anything to the contrary.