TERMS AND CONDITIONS // B2C Webshop
1. Information about the owner
Ina Kent GmbH, Lindengasse 26/2/2, 1070 Vienna, VAT: ATU73284536, Commercial Register No.: 490829 h
Commercial Court of Registration: Vienna (hereinafter "Kent").
2. Scope of application
The following terms and conditions are applicable to all sales contracts concerning goods (including, without limitation, handbags, wallets and other fashion products) concluded between Kent (as seller) and you via her webshop at www.inakent.com, as amended at the time an order is placed. If you place an order, you accept the following terms and conditions.
3. Language of the contract
The contract is concluded in German. All other information and customer services are provided in German; complaints are handled in German.
4. Conclusion of a contract
Your order constitutes a binding offer for the conclusion of a sales contract concerning the product ordered. You may place an order only if you provide complete personal information. You will receive an electronic order confirmation for every online order placed via the webshop. A sales contract is deemed concluded upon Kent expressly accepting an order or the product ordered being shipped to you.
5. Consumer's right to cancel distance contracts
If you are a consumer as defined in the Austrian Consumer Protection Act and a contract has been concluded using exclusively one or more means of distance communication, such as telephone, letter, fax, email, order form or webshop form, you may cancel your contract or contractual acceptance without giving any reason within fourteen days, beginning on the day you receive your product. You are deemed to have cancelled your contract in due time if you electronically or otherwise send your cancellation notice on the last day of the above fourteen-day period. If you cancel your contract, you must return the product received in its original packaging and without any signs of use. If you have used the product, you must pay Kent reasonable compensation, including compensation for a loss of the product's fair market value resulting from such use; mere acceptance of the product shall not constitute a loss of value. You are expressly required to bear all costs and shipping charges incurred in returning the product. Kent concurrently undertakes to refund your payment to you.
Unless expressly provided otherwise, all prices are inclusive of VAT but exclude postage, ship-ping charges, customs duties, turnover tax on imports, service charges, etc. Shipping charges are based on the weight of the shipment. Kent reserves the right to change prices prior to an order. Type or electronic transmission errors excepted.
7. Terms and conditions of delivery
If a sales contract has been concluded, Kent will fulfil an order without undue delay and in any case within thirty days. This delivery period may be exceeded in particular cases if timely fulfillment of an order is prevented by special reasons (e.g. if a product must be procured abroad). Goods are delivered ex warehouse to your delivery address using customary modes of dispatch (post, delivery services, etc.) Any risk and coincidence will pass to you once the product ordered is handed over to the delivery company. Express deliveries must be expressly agreed and you will have to pay for any extra cost.
8. Payment, maturity and default
Invoices are payable immediately upon receipt without any deduction of cash discounts. You will have to bear all reminder charges, collection charges and any other costs incurred for legal services if you are culpably in default of payment. Please note that you will have to pay reminder charges of EUR 18.00 per reminder. Kent charges EUR 100.00 plus VAT for any reminders sent by her lawyer.
9. Retention of title
Kent will retain title to the goods pending full payment.
10. Warranty, damages
If the product delivered is faulty, the general warranty regulations apply. You must return a faulty product without delay and Kent may repair or replace such product. If the product cannot be repaired or replaced, if such repair or replacement would involve disproportionate efforts for Kent or if Kent cannot comply with such a request at all or within a reasonable period, you may claim a price reduction or cancel the contract in whole. If a product has minor defects, you may not cancel the contract in whole. You must assert any damage caused in transit directly against the delivery company. You may claim damages from Kent, including, without limitation, consequential damage, other indirect damage and losses or lost profit from faulty deliveries, non-deliveries or late deliveries, except for personal injuries, only if such damage was caused by gross negligence or intent.
I agree to receive information from Kent about KENT'S products by phone or email. I may revoke such consent at any time by explicit declaration.
12. Place of performance, place of jurisdiction
The place of performance is Vienna; all contracts and these terms and conditions are exclu-sively governed by and construed according to Austrian law. Where a transaction is not subject to the Austrian Consumer Protection Act, the court in Vienna having subject-matter jurisdiction will have jurisdiction. If you are a consumer as defined in the Austrian Consumer Protection Act and reside or have your habitual place of abode in Austria or are employed in Austria, the court in the district of which you have your residence, habitual place of abode or place of employment shall have jurisdiction.
No part of the products offered may be copied or distributed in any manner whatsoever without Kent's written consent. You acknowledge that the design of Kent's website, the depiction of the products in the online shop and the products themselves are copyrighted. All rights are reserved to Kent.
14. Final provisions
The contract and these terms and conditions include all agreements made. There are no oral side agreements. Any side agreements, subsequent amendments or modifications to the contract shall be confirmed by Kent in writing to be effective. If any terms of the contract, including these terms and conditions, are or become invalid, this shall not affect the remaining terms of the contract concluded or of these terms and conditions. The entirely or partly invalid term will be replaced by a valid term which closest reflects the economic success of the invalid term.