1.1. The following general terms and conditions (“GTC” for short) apply between the customer, including his legal successor, and KUKLA LIFESTYLE GmbH (“MADAME KUKLA” for short), including his legal successor, via the online shop www.madamekukla.com, including the domains forwarded to it, concluded contract for the delivery of the goods offered by MADAME KUKLA. All deliveries and services by MADAME KUKLA are carried out exclusively on the basis of the General Terms and Conditions valid at the time the order is placed.
- 1.2. MADAME KUKLA reserves the right to adjust and change the terms and conditions accordingly.
1.3. Customers according to point 1.1 are both consumers and entrepreneurs. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. On the other hand, an entrepreneur is a natural or legal person or partnership with legal capacity who orders for commercial, independent or freelance purposes.
1.4. Contract language is German.
2. Orders and conclusion of contract
2.1. The presentation of products in the online shop www.madamekukla.com
does not represent an offer, but only an invitation to place an order. By completing the electronic ordering process via
You can order goods from our online shop. When selecting one or more products, the latter are placed in the virtual shopping cart. In the
All products assigned to the shopping cart can be viewed and the number of products can be changed or individual products removed. By pressing the "Checkout" button, you will be asked to enter the information relevant to shipping and to select a payment method
asked. Before completing the order, you will be shown a summary of all the information relevant to the order. By clicking the "buy now" button, the ordering process is completed.
2.2. Your order represents a binding offer. The statutory right of revocation/right of withdrawal (see point 10) remains unaffected. The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract
MADAME KUKLA. We can accept your order by sending an order confirmation by e-mail or by delivering the goods.
- 2.3. Unless otherwise agreed or announced, our promotional offers are non-binding.
2.4. Please only use the
enclosed return label for your return. If you have any questions about returns, you can email firstname.lastname@example.org
3.1 Rebate or discount codes are not applicable to already reduced goods. Discount codes cannot be combined.
- 3.2. The prices listed for the products at the time the order is placed apply to orders. All prices are total prices. They are inclusive of all taxes including sales tax and duties.
- 3.3. Any charges due to exchange rates are the responsibility of the customer.
- 3.4. If shipping to a third country outside the EU or the EEA is agreed, you must bear all additional costs incurred, in particular customs duties and taxes.
4. Payment Methods & Due Date
- 4.1. We accept the following payment methods: credit card (Visa, Mastercard, American Express, Discover, JCB, Diners Club) paypal, direct transfer and advance payment.
- 4.2. If no other payment method has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. The goods will only be delivered after the amount has been credited to our bank account.
- 4.3. You agree that you will receive credit notes and invoices in electronic format only.
5. Shipping Costs & Terms of Delivery
5.1. We deliver - with the exception of the countries and regions listed here - worldwide.
The delivery within Austria and Germany is free of charge from an order value of 45 EUR. With an order value of less than 45 EUR, the shipping costs of 8 EUR are to be borne by the customer.
Delivery outside of Austria and Germany to European Union countries is free of charge from an order value of 160 EUR. With an order value of less than 160 EUR, the shipping costs of 12 EUR are to be borne by the customer.
On delivery outside the European Union shipping costs of 25 EUR apply. Due to Corona, shipping to the USA is currently only possible at an additional cost of 70 EUR.
The exact shipping costs are displayed before completing the order and are also here in our overview of shipping costs evident.
- 5.2. You are responsible for the cost of an EMS (Express Mail Service) shipment.
- 5.3. MADAME KUKLA is entitled to make partial deliveries and partial services. MADAME KUKLA bears any additional costs incurred.
5.4. The delivery is carried out by an external logistician.
5.5. If the goods cannot be delivered due to force majeure or product discontinuation or if MADAME KUKLA cannot reproduce the ordered products under reasonable conditions and if these circumstances only occur after the conclusion of the contract and are not the responsibility of MADAME KUKLA, MADAME KUKLA will be released from the delivery obligation. Should events occur which make delivery significantly more difficult or impossible for MADAME KUKLA - for example strikes, environmental and other catastrophes, official orders or the like - MADAME KUKLA is not responsible for delays, even in the case of bindingly agreed deadlines and dates.
- 6.1. The provisions on the statutory warranty apply. The warranty period is two years from acceptance of the goods.
- 6.2. For complaints based on statutory warranty claims or other complaints, please contact email@example.com.
7. Exclusion of liability for slight negligence
- 7.1. Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury or product liability claims.
- 7.2. The same applies if the products are not displayed correctly on the website due to technical problems or (typographical) errors or inaccuracies, or if there are other errors on the website.
8. Default of Acceptance and Undeliverability
- 8.1. The period for which a package that has not been accepted by the customer or is undeliverable is made available varies from country to country and depends on the conditions of the postal service provider operating in this country.
8.2. If the parcel is returned by the respective postal service provider and has not been accepted or is undeliverable, the customer must bear the costs incurred as a result. MADAME KUKLA is entitled to
offset the relevant amount with payments made beforehand.
- 8.3. In this case, the contract is deemed to have been canceled unless MADAME KUKLA declares otherwise in writing. MADAME KUKLA undertakes to transfer back previous payments minus the costs incurred under point 2 within 14 days of receipt of the package.
9. Retention of Title
- 9.1. The goods remain the property of MADAME KUKLA until full payment has been made.
- 9.2. If the customer defaults on payment, MADAME KUKLA is entitled to assert all rights from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare our withdrawal from the contract.
10. Right of Withdrawal / Right of Withdrawal
10.1 If you are a consumer within the meaning of the Consumer Protection Act (KSchG), you have the right to withdraw from this contract within fourteen days without giving reasons.
- 10.2. The right of withdrawal is fourteen days from the day the contract was concluded or from the day on which you or a third party named by you who is not the carrier took possession of the goods.
- 10.3. In the case of a contract for several goods which you as a consumer have ordered as part of a single order and which are delivered separately, the withdrawal period is also fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the last goods.
10.4. In order to exercise the right of withdrawal, you must inform MADAME KUKLA of your decision to withdraw from this contract by means of a clear statement (letter or email). You can do this for it Sample cancellation form use, but is not mandatory.
- 10.5. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
- 10.6. After the right of withdrawal has expired, vouchers cannot be returned or refunded.
11. Consequences of withdrawal / revocation
11.1. If you withdraw from this contract as a consumer, we have to pay you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest one offered by us have chosen standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of the cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
- 11.2. We may refuse repayment until we have received the returned goods or until you have provided proof that the goods have been returned, whichever is earlier.
- 11.3. The costs of the immediate return of the goods are to be borne by the customer. This also applies to fees that are returned by the respective postal service provider in the event of undeliverability or default in acceptance by the customer (point 8) or the customer does not use the enclosed return slip and thus causes additional costs for MADAME KUKLA.
- 11.4. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
11.5. You have to return the goods to MRW Logistics GmbH / byrd zHd. return or hand over to MADAME KUKLA Lifestyle GmbH, Talpagasse 1A, 1230 Vienna. Please use the enclosed adhesive label with your customer order data. The deadline is met if you send back the goods before the period of fourteen days has expired.
12. Privacy and Newsletters
12.2. You agree that the following personal data, namely name/company, company register number, e-mail address, delivery and billing address as well as account or credit card data for the purpose of fulfilling the contract and processing the order as well as for your own advertising purposes, e.g. sending advertising mail , newsletters, production information or other company-related information is automatically determined, processed and stored by MADAME KUKLA.
- 12.3. You agree to receiving messages from MADAME KUKLA about their products, current offers and other company-related information by means of advertising emails, postal mailings and newsletters.
- 12.4. The customer can revoke his consent to receive such emails at any time by sending a corresponding message to MADAME KUKLA, e.g. firstname.lastname@example.org.
13. Severability Clause
- 13.1. Should one or more clauses of these terms and conditions be wholly or partially ineffective or become ineffective due to legal provisions or case law, the remaining provisions of these terms and conditions remain effective.
14. Jurisdiction and Applicable Law
- 14.1. As far as legally permissible, the application of Austrian law is agreed, excluding the UN sales law.
- 14.2. As far as legally permissible, the jurisdiction of the competent court for Vienna, inner city, is agreed for all disputes between the contracting parties.