Terms & Conditions

Last updated: 27.12.2024

These Terms

This website (the "Site") and the services offered through it, including all offers and sales of products ("Products"), is owned and operated by KaProblem e.U. Stefan Nothegger (hereinafter also referred to as "we", "us" and "our"). These General Terms and Conditions ("Terms") set out the conditions under which visitors or users (collectively "Users" or "You") may visit the Site, use the services and inquire about or purchase Products.

By accessing or using the Site, you agree to and are bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use the services. Please read these Terms carefully before accessing our Site, inquiring about or purchasing Products.

You represent that you are of legal age and have the legal authority to enter into a binding agreement based on these Terms. If you are a minor, you need the permission of your parents or legal guardian.

Inquiry and Purchase of Products

The presentation of products on our website does not constitute a legally binding offer, but a non-binding presentation of our range of handcrafted unique pieces.

By submitting a product inquiry through our form, you place a non-binding purchase inquiry. A purchase contract is only concluded when we send you a specific offer by email (with product, price and shipping costs) and you expressly accept this offer by email.

We reserve the right not to accept inquiries or to withdraw an offer. After conclusion of the contract, the contractual terms are stored by us.

All our products are handcrafted unique pieces. When making an inquiry, you are responsible for reading the item description in full.

Prices and Payment

All prices listed on the website include the statutory value added tax (VAT).

We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes do not affect contracts already concluded.

Payment is made by bank transfer or by separate arrangement. Details of payment will be communicated in the individual offer.

Delivery and Shipping

All items are handcrafted unique pieces. Delivery time is usually 5-10 working days after receipt of payment and will be specified in the offer.

We ship with insured shipping. Shipping costs will be shown in the individual offer.

Deliveries are made to the address you provide. Please ensure that the delivery address is correct and complete.

Right of Withdrawal

For distance contracts, consumers generally have a 14-day right of withdrawal. The full cancellation policy can be found on our separate withdrawal page.

Please note: The right of withdrawal does not apply to goods made to customer specifications or clearly tailored to personal needs (§ 18 Para. 1 No. 3 FAGG). Whether this applies to your product will be expressly communicated to you in the offer.

Right of Withdrawal

Warranty

We are liable under the statutory warranty provisions for defects in quality and/or title of the products you purchase from us.

For handcrafted unique pieces, slight deviations in color, shape and size are possible and do not constitute a defect, but emphasize the uniqueness and craftsmanship of the product.

Permitted Use

Our services are provided to you for informational purposes and for private, non-commercial use only. When using our services, you must comply with these Terms and all applicable laws.

It is not permitted to: use our services in an unlawful or fraudulent manner; modify or use our copyright or trademark notices; interfere with security features; manipulate content; transmit viruses or harmful software; use automated systems to monitor or copy our content; or use our services for commercial purposes without written consent.

Intellectual Property Rights

Our services and related content (texts, images, graphics, photos, videos, software, trademarks, design and all intellectual property rights therein) are owned by us or licensed to us. Nothing in these Terms grants you any rights in connection with our intellectual property rights. All rights not expressly granted are reserved.

Liability

We are only liable for intent, gross negligence, negligent injury to life, body or health, or slightly negligent breach of a material contractual obligation.

A "material contractual obligation" is an obligation the fulfillment of which is a prerequisite for the proper performance of the agreement and on which you can normally rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of typical and foreseeable damage.

Our liability under the Product Liability Act remains unaffected.

Indemnification

You agree to defend and hold us harmless from all claims, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with your use of the website in violation of these Terms, unless such circumstances are not attributable to your fault.

Links to Third Party Websites

The services may contain links that allow you to leave the Site. The linked pages are not under our control and we are not responsible for their content. Links to third party websites are provided for informational purposes only and do not constitute a recommendation.

Changes to Terms

We reserve the right to change these Terms from time to time to reflect changes in the law or additional features. The new Terms apply to any new contract after the effective date. We will notify you in good time of any material changes.

Applicable Law and Dispute Resolution

These Terms are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Kufstein, provided the customer is an entrepreneur.

The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Miscellaneous

  • A waiver by us of any breach shall not constitute a waiver of any prior or subsequent breach.
  • If any part of these Terms is deemed unlawful or unenforceable, that part shall be deleted and the remaining Terms shall remain in full force and effect.
  • You may not assign your contractual rights or obligations without our prior written consent.
  • These Terms constitute the entire agreement and supersede all prior agreements between you and us in connection with the services and the sale of products.

Contact

To contact us:

KaProblem e.U. Stefan Nothegger
Weissachstraße 6e
A-6330 Kufstein
Austria
E-Mail: info@kaproblem.com