General Terms and Conditions (AGB)

Effective: 23.10.2024

  1. Scope
    1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of
    Beata Magdalena Kulesza
    Seitenstettengasse 5/37
    1010 Vienna
    +43 699 190 85 803
    info@kissenly.com
    apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the seller regarding the seller’s goods and services via distance selling. The inclusion of the Customer’s own terms is hereby rejected.
    A consumer is any natural person who enters into a transaction that is not part of their business operations. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. Public limited companies, limited liability companies, cooperatives, mutual insurance companies, savings banks, European economic interest groupings (EWIV), European companies (SE), and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.

  2. Conclusion of Contract
    2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller but are intended to invite the Customer to submit a binding offer.
    2.2 The Customer can submit their offer using the order form integrated into the seller’s online shop. After configuring the selected goods or services and going through the electronic ordering process, the Customer submits a legally binding offer for the goods or services in the shopping cart by clicking the button that concludes the ordering process. The Customer will receive a separate, automated confirmation of receipt of their order(s). Such confirmation does not yet constitute acceptance of the offer.
    2.3 The seller may accept the Customer's offer within three working days by sending a written order confirmation or an order confirmation in text form (e.g., by email), in which case the receipt of the order confirmation by the Customer is decisive, or by requesting payment from the Customer after the order is placed. If both conditions are met, the contract is concluded at the earlier of the two times. The period for accepting the offer begins on the day after the offer is submitted by the Customer and ends at the end of the third working day following the offer’s submission. If the seller does not accept the Customer's offer within the above period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
    2.4 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and is sent to the Customer in text form (e.g., email) after the order is submitted. Beyond that, the text is no longer available. 
    2.5 The contract is available in the German language.
    2.6 The order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so emails sent by the seller can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.

  3. Right of Withdrawal
    3.1 Consumers residing in the EU generally have the right of withdrawal when concluding a distance sales contract. Please refer to the withdrawal instructions for more details.
    A distance sales contract is a contract between the seller and a consumer that is concluded without the simultaneous physical presence of the seller and the consumer, and where only means of remote communication (email, internet, telephone) are used up to and including the conclusion of the contract.

  4. Prices and Payment Terms
    4.1 Unless otherwise stated in the product and service description of the seller, the prices indicated are total prices, which include statutory VAT but not shipping costs. Shipping costs are calculated by entering the recipient’s address during the order process.
    In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and that must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
    The payment methods accepted by the seller are PayPal, Klarna, SOFORT, credit card, Apple Pay, and Google Pay.
    The transport service providers used by the seller are the Austrian Post, DPD, and GLS.

  5. Retention of Title/Rights
    5.1 The seller retains ownership of the delivered goods until the full payment of the purchase price owed by the Customer, whether the Customer is a consumer or entrepreneur.

  6. Delivery and Shipping Terms
    6.1 We deliver our products to the EU, Switzerland, and the United Kingdom.
    6.2 Delivery of goods is made by shipping to the delivery address provided by the Customer.
    6.3 If the Customer is acting as an entrepreneur, the risk of loss or damage to the sold goods passes to the Customer as soon as the seller has handed over the goods to the carrier, freight forwarder, or any other person or company designated to carry out the shipment. If the Customer is acting as a consumer, the risk does not pass until the goods are delivered to the Customer or a third party designated by the Customer who is not the carrier. However, if the consumer concludes the contract of carriage themselves, without using a choice proposed by the seller, the risk passes as soon as the goods are handed over to the carrier.
    6.4 If the seller incurs additional costs due to an incorrect delivery address or incorrect recipient details or other circumstances that make delivery impossible, these costs must be reimbursed by the Customer, unless the incorrect information or impossibility is not the Customer’s fault. The same applies if the Customer was temporarily unable to accept the delivery, provided the seller properly notified them in advance of the delivery, unless the Customer legitimately withdraws from the contract as a consumer.
    6.5 If a delivery delay occurs due to force majeure (e.g., pandemic, strike, storm, disaster, war, etc.), the delivery period will be extended by the duration of the delay. Any resulting claims for damages are excluded. For customers who are entrepreneurs, the same applies if the delivery delay is due to other reasons on the part of suppliers. However, the Customer's legal right to withdraw from the contract after setting a reasonable grace period remains unaffected.

  7. Warranty/Liability
    7.1 The statutory warranty provisions apply.
    The seller is liable for ensuring that the goods, in addition to the contractually agreed properties, also have the objectively necessary properties. This does not apply if the consumer explicitly and separately agrees to the deviation from certain required properties at the time of the contract, which they do by placing the order after being specifically informed of the deviation in the product description.
    If the Customer is an entrepreneur:

  • A minor defect generally does not constitute warranty claims.
  • The seller has the right to choose the type of defect rectification.
  • The limitation period does not restart if a replacement delivery is made as part of defect liability.
    If the Customer is an entrepreneur as defined by the UGB, they are subject to the commercial obligation to inspect and notify defects under § 377 UGB. If the Customer fails to comply with these notification obligations, the goods are considered approved.
    The seller is not liable for slight negligence unless it involves personal injury. These liability regulations also apply concerning the seller’s agents and legal representatives.

  1. Jurisdiction/Applicable Law
    8.1 All legal relationships between the parties are governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. For deliveries to consumers residing or habitually located in the EU, this choice of law only applies if the protection granted by mandatory provisions of the law of the state in which the consumer resides is not withdrawn. For deliveries to consumers residing or habitually located in Switzerland or the United Kingdom, this choice of law only applies insofar as the right of withdrawal under the FAGG does not apply and the choice of law does not conflict with mandatory provisions of national law.
    8.2 For entrepreneurs, the court with jurisdiction at the seller’s registered office is agreed as the exclusive court. For consumers residing or habitually located in Switzerland or the United Kingdom, the court with jurisdiction at the seller’s registered office is also agreed as the exclusive court unless this conflicts with mandatory provisions of national law.
    8.3 The place of performance is the seller’s registered office.

  2. Alternative Dispute Resolution
    9.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
    This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

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