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IMPORTANT: All Kitsch-Nitsch products are made to order. All goods sold in the Shop are made
after a commission from the Orderer and are declared as artworks. They are not kept in stock,
nor do they source from other suppliers i.e. are bought and resold. Due to the nature of the goods
sold in the Shop, we can therefore make no refunds for unfaulty items after the 24 hour withdrawal
period, starting from the time of purchase, has passed. Thank you.
1 General
The following General Terms and Conditions of Business shall be valid for the entire business relationship
between Kitsch-Nitsch online store (“Shop”) and the purchasing person (“Orderer”) regarding the online
store under the domain of www.kitsch-nitsch.com (“the “Site”). Orderer acknowledges this said general
terms and conditions shall be legally binding for the actual purchase and for all purchases in future.
Amendments and/or modifications to these terms and conditions shall not be binding or effective until
Shop`s written approval is made. Orderer voluntarily waives his right to use and/or to make effective
its own general terms and conditions of business; same shall under no circumstance become subject to
contract because of Shop`s silence and/or delivery. Every correspondence and/or shipping of goods shall
made to and/or through the address in the Site`s imprint or to and/or through the following email address:
hello@kitsch-nitsch.com.
2 Conclusion of Contract
All offers on this internet site are not binding and are without commitment. They have to be understood
as an invitation to Orderer to make an offer (so called invitatio ad offerendum). In each case a valid
contract shall only result and become effective by Shop`s written confirmation of the order through email,
by mail or at the latest when Shop performs the order. With regard to an ordered product which is not set
out in the confirmation order no sales contract, shall be deemed to have been closed with regard to.
3 Consumer's Right of Withdrawal
In the case that Orderer is a consumer it shall be entitled to withdraw from the contract. The right of withdrawal
must be exercised in writing (email is sufficient) within 24 hours of time of order. All Kitsch-Nitsch products
are made to order. All goods sold in the Shop are made after a commission from the Orderer and are declared
as artworks. They are not kept in stock, nor do the source from other suppliers i.e. are bought and resold.
Due to the nature of the goods sold in the Shop, we can therefore make no refunds for unfaulty items after
the 24 hour withdrawal period, starting from the time of purchase, has passed.
4 Delivery / Consignment
1. The item will be delivered from Shop to the address which Orderer provided in his order if not agreed
otherwise. Any information in connection with the period required for delivery is without guarantee unless
Shop has expressly assured a certain date of delivery to Orderer.
2. In case that Shop`s contractor supplier does not supply Shop with the materials needed for the production
of the ordered item, Shop shall be entitled to withdraw from contract with Orderer. In this case, Shop will
notify Orderer immediately that the ordered item is not available. Shop will reimburse any sums paid by
the consumer to consumer immediately.
3. Shop shall be entitled to make reasonable partial deliveries of ordered items in particular but not limited
to the case where some item can only be delivered by Shop at a later period of time.
5 Payment
1. All prices are in EURO (€) including added value tax (VAT).
2. The amounts payable mentioned in the confirmation notice subject to paragraph 2 is/are due with
the receipt of said confirmation.
3. Payment can be made through a PAYPAL account or an invoice purchase.
4. If Orderer defaults with payment, Shop is entitled to claim interest at a rate of 5 (five) per cent
up to the base rate published by the European Central Bank (ECB) per anno. Shop shall however be
entitled to claim higher damages caused by delay if same should be applicable.
5. If Orderer defaults with payment of an order Shop is entitled to withhold further orders. Shop will
not be in default of delivery in such event. It is not necessary that Shop expressly exercises announces
its said right to so withhold orders.
6 Shop`s Right of Revocation
1. Shop is entitled to revoke contract in the event that given purchase price of an item is higher than
Shop`s stated price because of wrong information by our contractor and that said contractor is not liable
Shop for breach of contract.
2. Shop shall also be entitled to revoke contract in the event that the correct purchase price of an item
is higher than Shop`s stated price as a result of a computer error and that the applicable software
manufacturer or the applicable software contractor is not liable for the incurred loss.
3. Shop`s right to void the contract as a result of an error remains unaffected.
4. In case of sub paragraph 1-3, Shop will inform Orderer immediately. Shop will also reimburse Orderer
the paid purchased prices immediately.
7 Packaging and Shipment
1. Shop will package the item according to custom and usage.
2. Shop is entitled to chose route and means of transport if not otherwise expressly agreed with Orderer.
As a rule, shipment will be done by Pošta Slovenije (Post of Slovenia) and their partners.
8 Transfer of Risk
1. The risk of accidental loss, destruction or deterioration passes to Orderer at the beginning of the shipment
and at the latest by transfer to carrier. This also applies for partial deliveries.
2. Orderer must notify Shop if the delivery is fake or defective: If Orderer fails to do so it shall bear the risk
of accidental loss, destruction or deterioration for the returning of the item.
9 Reservation of Title
1. The product delivered remains our property (reserved product) until full payment of all (including future)
claims resulting from our contractual relationship with the Orderer; included in these claims are also conditional
as well as claims which have been included by us in a current account. Extended reservation of title is hereby
granted to us so that any and all claims resulting from a resale are hereby transferred to us in the amount
required to cover our own claim.
2. Insurance and/or damage claims which the Orderer has in connection with loss or damage to the reserved
product are hereby assigned to Shop in full.
3. In the event that the Orderer should be in default of payment, it is obliged, upon Shop’s and/or its affilitiates
demand, to allow us to repossess the reserved product still in Orderer’s possession, to provide Shop with a
detailed list of the said product(s), to isolate the applicable product(s) and to return/transfer same to us.
10 Liability for Defaults
1. The item will be delivered with the characteristics and quality which are customary for manufacturer
at the time of delivery, if this is reasonable for Orderer in consideration of Shop’s interests.
2. A certain qualities shall only deemed to be assured if Shop and Orderer agrees same in writing.
3. Shop is not liable if any delivered item which might infringe foreign copyrights or other foreign industrial
property rights of third parties.
4. Orderer is obliged to check the delivered item after receipt to verify if same is free from faults. Orderer
is obliged to notify Shop in writing (email is sufficient) within 7 (seven) working days after receipt of the
item if the item is apparently faulty. This written notice must contain the exact description of the default
and the order number. To proof that notification shall have been sent in due time shall be the date of postmark
or any other provable date specification.
5. In case that a purchased item is faulty, Orderer shall be entitled to ask for supplementary/complementary
performance. If this supplementary/complementary performance also fails, Orderer shall then be entitled to
revoke the contract or claim damages. Diminution shall be excluded.
6. Any further claims of Orderer shall be excluded if not otherwise mentioned below. Shop is therefore not liable
for damage to other things than the applicable item, including but not limited to lost of profit or other financial
losses Orderer might have.
7. This limitation of liability shall apply also for our employees, representatives and any person employed
by Shop in the performance its obligations.
8. Notwithstanding the foregoing, this limitation shall not be applicable in case that the damage was caused
by Shop or its employees, representatives or persons employed by Shop in performance of its obligations by
an act of gross negligence or with intent.
9. In case that Shop negligently breaches a duty which is essential for the contract the replacement liability
of Shop for property damage shall be limited to losses which typically results from such damage.
11 Right of Retention and Set-off
1. Orderer can only enforce a right of retention if it results from the same contractual relationship. Orderer is only
entitled to set off if the counter demand if accepted by Shop or if it has been recognized by declaratory judgement.
12 Law Applicable
This agreement shall be construed under the laws of Slovenia applicable to agreements to be performed therein.
The terms and conditions of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
shall not be applicable.
13 Severability Clause
If any part of this conditions of use shall violate applicable laws and/or treaties or shall be declared invalid or
unenforceable by a court of competent jurisdiction, then the balance of this conditions of use shall not be affected
and parties hereto shall thereupon enter into good faith negotiations to appropriately replace the hereof through
a provision which is the closest and in the spirit of the purpose of the present contract.
14 Place of Performance, Venue
For all rights and duties resulting of this business relationship our residence shall be place of performance.
15 Privacy Policy Data Protection
Please find information about the type, amount and purpose of the storage, usage and handling of personal data
necessary for the purchasing process in Shop`s Privacy Policy.
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