TERMS AND CONDITIONS
Last Update: 11.11.2023
Welcome to our website www.kng.st.
USERS SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
Any new features or tools added to the current store will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes
1 Scope and provider
(1) The following General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by Koenigstein e.U. (hereinafter referred to as the “Supplier”) to you in the version valid at the time of the order.
(2) Deviating general terms and conditions on the part of the customer are expressly rejected.
(3) We kindly ask you to read these terms and conditions carefully before placing an order with Koenigstein. By placing an order with Koenigstein. you expressly agree that these terms and conditions of sale apply to your order.
(4) In Koenigstein you will find a wide range of exclusive products from:
- Sale of perfumes
- Sale of clothing
2 Formation of the contract
(1) Contracts may only be concluded on this platform in German.
(2) Our offers are aimed exclusively at end customers with a billing and delivery address in the European Union. For individual bulky goods items, delivery addresses and the place of delivery may be restricted; corresponding restrictions are shown in the respective list price.
(3) The customer must have reached the age of 18 or that you are of legal age in your country of residence and have given us your consent for your underage relatives to use this website.
(4) The presentation of the goods in the online store does not constitute a legally binding offer. Rather, the presentation merely invites the customer to submit an offer.
(5) Your order constitutes an offer to Koenigstein e.U. to conclude a purchase contract. A binding offer is made when the customer goes through the online ordering process in full, provides all the necessary information and clicks the “Buy” button in the final order step.
(6) The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either by sending the goods or by sending a dispatch confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) Contracts for larger than normal household quantities or commercial resale of the object of purchase require the express confirmation of the supplier. This applies both to the number of products ordered as part of a single order and to the placement of multiple orders for the same product if the individual orders exceed a customary household quantity.
(8) We store your orders after conclusion of the contract. If you lose your documents, you can contact us by e-mail or telephone to obtain a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be provided by e-mail or in your customer account on the website. Information about electronic invoices can be found on our website.
3 Prices and shipping costs
(1) Our stated prices include the applicable statutory VAT and are inclusive of a flat-rate shipping fee and shipping surcharge. The shipping surcharges may vary depending on the type of delivery and the nature of the item.
(2) Despite careful checking, it is possible that some products in our catalog are incorrectly priced. We will check the prices during order processing and before debiting your payment. If a product is incorrectly priced at a lower price and the correct price is higher, we will contact you prior to shipment to obtain your approval of the correct price or cancel the order. If the correct price is lower than the stated price, we will charge the lower amount and send you the product.
(3) The prices valid at the time of the order are decisive. If list prices are available, the prices of the current list price at the time of the order shall apply.
4 Delivery and cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Information on the availability of products sold by Koenigstein can be found on the website, for example on the respective product detail pages. We would like to point out that all information on the availability, dispatch or delivery of a product is merely an estimate and approximate guide. These do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options of the respective product.
(2) If Koenigstein discovers during the processing of your order that products you have ordered are not available, you will be informed separately by e-mail or message in your customer account. The legal claims of the customer remain unaffected.
(3) If delivery to the customer is not possible, for example because the delivered goods do not fit through the customer’s front door, front door or staircase, or the customer is not found at the specified delivery address, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made in accordance with the customer’s chosen method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after conclusion of the contract.
(5) If your order is divided into several packages, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. Your contractual partner is Koenigstein e.U.. Irrespective of your right of withdrawal, you can cancel your order for a product at any time free of charge before the associated shipping confirmation is sent.
5 Customs
(1) Orders of products from Koenigstein for delivery outside the European Union may be subject to import duties and taxes, which are levied upon reaching the specific destination. Any additional charges for customs clearance are your responsibility; we have no control over these charges. Customs regulations vary considerably from country to country, so we recommend that you check with your local customs authority for detailed information.
(2) Please also note that when ordering from Koenigstein, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to point out to our international customers that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
6 Payment
(1) The customer can pay for the ordered goods using the following payment methods:
- Paypal
- credit card
- instant bank transfer
(2) In individual cases, the provider may exclude certain payment methods.
(3) The customer is not entitled to pay for the goods by sending cash or checks.
(4) If an online payment method is selected, the customer authorizes the supplier to collect the amounts due at the time of the order.
(5) If the supplier enables payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the supplier’s account within five calendar days of receipt of the order. The goods shall be reserved accordingly for five calendar days.
(6) If payment by credit card is selected, the customer expressly authorizes the supplier to collect the amounts due after partial deliveries or the entire delivery of goods have been dispatched.
(7) If payment by direct debit is selected, the customer grants the supplier a SEPA basic mandate. If a payment transaction is reversed due to insufficient funds in the account or incorrectly transmitted bank details, the customer shall bear the costs incurred.
(8) If payment in advance is offered and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods without deduction of discount.
(9) In the event of late payment, the provider reserves the right to claim damages for default.
7 Offsetting and right of retention
(1) The customer shall be entitled to exercise the right of set-off insofar as the customer’s counterclaim has been legally established or has not been disputed by the provider.
(2) The customer may only assert a right of retention if the counterclaim is based on the same contractual relationship.
8 Retention of title
Koenigstein retains ownership of the delivered goods until full payment has been received.
9 Transport damage
(1) If the Customer receives the goods with obvious transport damage, the Supplier shall request the Customer to complain about this immediately.
(2) If the customer fails to make a complaint, this has no effect on the statutory warranty rights. The complaint only serves to enable the supplier to assert his own claims against the carrier.
10 Right of defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is subject to the statutory provisions. In addition to the 30-day return guarantee, consumers in the European Union have warranty rights for a period of two years from delivery of the goods. They can demand the repair or replacement of products purchased on www.kng.st if they turn out to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable period of time or without significant inconvenience, you may request a refund or a price reduction.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, defects shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
11 Liability limitation (products)
(1) The Supplier shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of material contractual obligations. This liability also extends to other damages that are based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(2) Essential contractual obligations are those obligations whose fulfillment is necessary to achieve the purpose of the contract.
(3) The provider shall only be liable for breaches of material contractual obligations due to simple negligence for foreseeable damages typical of the contract. This limitation of liability does not apply to claims for damages by the customer that are based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as Koenigstein’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
12 Cancellation policy
1) If the customer is a consumer, he is entitled to a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is 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 goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a product in several partial shipments or pieces) to revoke without giving reasons.
To exercise your right of withdrawal, you must contact us:
Koenigstein
Adress: Neubau 3/2/2, 2440 Gramatneusiedl, Austria
Email: [email protected]
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample revocation form on our website or send us another clear declaration. If you make use of this option, we will immediately send you confirmation of receipt of your revocation, for example by e-mail.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of this period and to return the goods within the period specified below.
For further information regarding the scope, content and explanations on exercising the right of withdrawal, please contact our customer service.
(3) Consequences of withdrawal
In the event of withdrawal from this contract, we are obliged to refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the date of notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment.
We reserve the right to refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
The goods must be returned to the following address without delay and in any case within 14 days of the day on which you notify us of your withdrawal from this contract:
Koenigstein
Adress: Neubau 3/2/2, 2440 Gramatneusiedl
Email: [email protected]
The deadline is deemed to have been met if you send the goods before the 14-day period has expired. The costs for returning the goods will be borne by us.
(4) Exceptions to the right of withdrawal
You shall only be liable for any loss in value of the goods if this is due to handling of the goods which was not necessary to check the nature, properties and functioning of the goods.
The right of withdrawal does not exist or expires in the following cases:
- Delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature.
- Delivery of goods made to customer specifications or clearly tailored to personal requirements.
- Delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
- services, if Koenigstein has provided these in full and you have acknowledged and expressly agreed before placing the order that we can start providing the service, and you lose your right of withdrawal upon complete fulfillment of the contract.
13 Exclusion of the right of withdrawal
(1) The right of return does not apply to contracts:
- for the delivery of customized goods which are not prefabricated and for the manufacture of which the consumer has made an individual selection or determination or which are clearly tailored to his personal needs;
- for the delivery of perishable goods or goods whose expiration date would be quickly exceeded.
(2) The right of return expires prematurely for contracts:
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if the seal has been removed after delivery;
- for the delivery of goods which, due to their nature, were inseparably mixed with other goods after delivery;
14 Privacy policy
(1) When collecting personal data (e.g. name, address, e-mail address), we undertake to obtain your consent in advance. We guarantee that we will not pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Completely error-free and trouble-free protection of third-party data can therefore not be guaranteed. In this context, we exclude our liability.
(3) Third parties are not permitted to use contact data for business activities unless the provider has received prior written consent from the persons concerned.
(4) You have the right to receive complete and free information from Koenigstein about the data concerning you at any time.
(5) Furthermore, the user has the right to rectification, erasure of data or restriction of processing.
15 Cookies
(1) In order to display the product range, we occasionally use cookies. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser.
(2) Many websites and servers use cookies, which often contain a so-called cookie ID. This unique identifier allows websites and servers to distinguish the individual browser in which the cookie was stored from other Internet browsers.
(3) The use of cookies enables us to offer the users of this website more user-friendly services that would not be possible without the setting of cookies.
(4) Please note that some of these cookies are transferred from our server to your computer system, usually in the form of so-called session-related cookies. These cookies are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You have the option to object to the storage of cookies. There is a banner available to you where you can object or agree.
(6) Of course, you can configure your browser so that no cookies are saved on your hard drive or cookies that have already been saved are deleted. Information on preventing and deleting cookies can be found in the help function of your browser or from your software manufacturer.
16 Place of jurisdiction and applicable law
(1) In the event of disagreements and disputes in connection with this contract, the law of the Republic of Austria applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
17 Final provisions
(1) The contract language is German.
(2) Our products or services are not sold to minors. Products for children can only be purchased by adults. If you are under 18 years old, you may only use Koenigstein with the involvement of a parent or legal guardian.
(3) If you breach these Terms and Conditions and we take no action, we still reserve the right to enforce our rights on any other occasion where you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and conditions, including these General Terms and Conditions, at any time. The terms and conditions of sale, contractual conditions and general terms and conditions in force at the time of your order apply to your order, unless a change to these conditions is required by law or regulation (in which case the changes also apply to orders previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
(5) The ineffectiveness of a provision has no influence on the effectiveness of the remaining provisions of the contract. If a provision is invalid, it will be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.