Terms and Conditions

§   1     Scope
§   2     Conclusion of Contract
§   3     Delivery, Shipping Costs
§   4     Due Date, Payment, Retention of Title
§   5     Cancellation
§   6     Warranty
§   7     Liability
§   8     Privacy
§   9     Disposal and Environment
§ 10     Contact
§ 11     Applicability
§ 12     Best price guarantee
§ 13     Final Provisions

 

§ 1 Scope

These Terms and Conditions apply to all business relations between kaiser cosmetics e.U. – commercial register No. 453863 x (hereinafter: kaiser) and its customers (hereinafter: customer) as amended at the time the contract is concluded. This document may be printed or saved ("Save As").

 

§ 2 Conclusion of Contract

(1) We only sell goods via the internet on our website www.cumon.com (and the domains routed there) in small quantities. The representation of the kaiser product range on Internet- accessible computers is not an offer, but a non-binding invitation for the customer to order these products.

(2) By placing an order (clicking the "Order" button) with kaiser via the Internet, the customer makes a binding offer to conclude a purchase agreement with kaiser.

(3) The contract with kaiser is concluded when kaiser accepts this offer as part of the order process upon payment of the products including shipping costs by sending a separate order confirmation to the customer's registered e-mail address. Any products from one and the same order that are not itemized in the order summary - which must be confirmed by the customer before payment by clicking the "Order" button - are not part of the contract of sale.

(4) When paying by credit card, the customer will be directed to the website of a computer payment network (paypal etc.) in the course of the order process, where he then can enter his credit card information. These computer payment networks work with secure connections, and the customer should not expect any misuse of data here. However, kaiser cannot assume any liability for these payment systems and must therefore be indemnified and held harmless in this regard.

(5) When paying by bank transfer, the customer will be directed to the website of a computer payment network (Instant Transfer etc.) in the course of the order process, where he then can enter his credit card information. These computer payment networks work with secure connections and the customer should not expect misuse of data here. However, kaiser cannot assume any liability for these payment systems and must therefore be indemnified and held harmless in this regard.

(6) When paying COD, the order will be shipped to the customer after sending the order confirmation and the customer then pays the delivery service directly. However, this method results in higher shipping costs, which are listed in the order summary.

(7) Kaiser is delivering free samples to customers. This samples are shipped for free or just for the shipping costs. Kaiser may not send this samples if kaiser thinks that the customer just want to find something free of charge to order and it seems that the customer don’t want to buy at all after receiving the samples.


§ 3 Delivery, Shipping costs

(1) Kaiser shall be entitled to make partial deliveries and issue partial invoices at any time, provided this is not unreasonable for the customer. If partial deliveries are made, any additional shipping costs will be borne by kaiser. The customer will be informed immediately in case of delays in delivery.

(2) Kaiser allows for a period of 30 days to ship the order after receipt of payment. However, normally the order will be shipped promptly after payment.

(3) For shipping the products, kaiser hires an external logistics partner who organizes the shipment of all orders on the kaiser website. Kaiser shall be indemnified and held harmless for any defects that may arise in connection with the delivery of the order. However, should any defects occur and already ordered and paid-for products be damaged during transport, kaiser will provide full compensation for these products and ensure that they are shipped again. For more detailed information on the process, please refer to clause 5.

(4) If the goods are exported to countries outside of Austria or the European Union, export restrictions and import duties may apply, which shall be borne by the customer. These duties vary in different customs areas. The customer shall be responsible for proper payment of the necessary duties and fees.

(5) Should the customer exercise his right to cancel the contract in accordance with clause 5 of these Terms and Conditions, then he shall bear the costs for returning the goods. This shall not apply for the circumstances mentioned under 3 (3). In this case kaiser shall bear the costs for returning the damaged goods.

(6) All goods offered on the website www.cumon.com (and on the domains routed there) include sales tax. Kaiser charges the Austrian VAT rate of 20% and also pays this tax in Austria.

(7) If the customer doesn’t accept the delivery of the ordered products or doesn’t pick them up at the announced pic up address of the logistic partner of kaiser, the buying agreement is not terminated. The costs for shipping back and shipping again have to be paid by the customer before shipping again. If the customer doesn’t pay for this costs and want to terminate the buying agreement, cosmetics has the right to subtract the costs for shipping back and cancellation from the paid price of the customer. The difference between the paid costs and this subtraction cosmetics will send to the bank account or paypal account of the customer.

(8) Once the order is delivered to the customer the contract is fulfilled by kaiser. This fulfillment includes the delivery to any eligible person (neighbour) as well.

 

 § 4 Due Date and Payment

(1) Kaiser only accepts the payment methods indicated to the customer as part of the ordering process. The invoice is sent and the entire order is handled online with the customer or by e-mail via the e-mail address indicated by the customer or via the customer's account with the personal login data of the customer.

(2) The purchase price and any shipping costs incurred are payable upon placing the order. Kaiser only ships the goods upon payment or cash on delivery.

(3) The customer shall only be entitled to set-off if and to the extent that his counterclaims have been legally upheld, are undisputed or acknowledged by kaiser.

(4) The delivered goods remain the property of kaiser until full payment has been made.

 

 § 5 Cancellation

(1) Right of cancellation The customer may cancel the contract without giving reasons by giving notice in writing (e.g. letter, fax, e-mail) within 14 days and by returning the product (products). The period begins upon receipt of the goods by the customer (in case of recurring deliveries of similar goods, upon receipt of each partial delivery). To comply with the notice period, it is sufficient to return the ordered and/or cancelled products in due time. The cancellation notice must be sent to: kaiser cosmetics e.U., August-Jaksch-Straße 38/58, A-9020 Klagenfurt am Wörthersee To facilitate the return of goods, we ask you to fill out the relevant form on our website and include it with your notice of cancellation. The customer can find this form at www.cumon.com (and all other domains routed to this page) in our Shop under the menu item "Terms of Delivery & Returns" at the bottom of the page.

(2) Consequences of cancellation
In case of cancellation, 100% of the total product cost for the returned product (products) will be refunded to the customer. This shall not include any shipping or COD costs incurred. Kaiser only refunds the value of the product (products) actually paid for. Kaiser shall refund the money within a period of 14 days. This period begins upon receipt of the return shipment by kaiser and upon provision of the customer's account information on the form sent along with the shipment or sent to kaiser by e-mail. Basic requirements for reimbursement are that the customer returns the product (products) to kaiser and that the returned product (products) is or are in perfect condition. Should the product (products) be damaged, used, dirty or otherwise altered in any way, kaiser will not accept the cancellation and the product (products) will be sent back to the customer. The CUM ON! ® products have a seal at the cap of the bottle. If this seal is damaged or broken in any way, the notice of cancellation cannot be accepted and the customer will not be reimbursed for any costs in this case. The cost of returning the returned product (products) shall be borne by the customer.

(3) Should the products and/or orders be damaged during transport as mentioned under 3 (3), the customer is entitled to return this product or products with the damaged box (as evidence of damage to the logistics partner of kaiser) to kaiser and the customer shall be compensated by kaiser for the damaged product or products without charge in form of a replacement delivery. In this case, the customer can return the goods to kaiser postage paid and the customer incurs no additional costs arising from the replacement. In this case the customer should also use the return form described in 5 (1).

 

 § 6 Warranty

(1) Kaiser grants a warranty for goods that show defects at the time of delivery in accordance with statutory provisions. In contracts with consumers, the warranty period is 2 years from the date of delivery of the goods.

(2) For orders from business customers, the warranty period is limited to one year.

 

  § 7 Liability

(1) Kaiser assumes no liability for any breach of duty arising from slight negligence, provided:
a, that no guarantees or material contractual duties are concerned, i.e. duties that are prerequisite to the proper fulfillment of the contract in the first place and the fulfillment of which the contractual partner normally relies and may rely on.
b, that no damages resulting from injury to life, limb or health are concerned,
c, that no damages under the Product Liability Act are concerned. The same shall apply for any breach of duty on the part of vicarious agents of kaiser.
(2) All kaiser products have been dermatologically and clinically tested. The CUM ON! ® product line has been tested for latex and condom tolerability. Kaiser shall be held harmless and indemnified and will invoke the respective institutions that have conducted the necessary tests and examinations in case of damages arising from the products.
(3) Kaiser expressly points out that the use of condoms does not provide 100 % protection against infectious diseases and that their use only maximizes such protection.

 

§ 8 Privacy

(1) Kaiser undertakes to treat the personal data of customers confidentially in accordance with applicable data protection provisions. If and to the extent that kaiser uses the data for purposes of advertising, market research or opinion polls and for tailoring the website www.cumon.com (and all domains routed to this domain) to the needs of customers, the customer agrees to such use and provides his consent by acknowledging the Terms and Conditions when ordering. He always has the right to object to such use. Such objection must be sent in writing to kaiser cosmetics e.U. , August-Jaksch-Straße 38/58, A-9020 Klagenfurt am Wörthersee, This email address is being protected from spambots. You need JavaScript enabled to view it.

(2) Kaiser may obtain information on the payment history of the customer. To do so, kaiser may use any service provider in this area.

(3) Kaiser may use external companies for the online newsletter delivery. Kaiser will check this companies before choosing about security and respectability of the entrusted data. However, kaiser cannot assume any liability for these companies and must therefore be indemnified and held harmless about incorrect usage of left mailadresses and names.

 

 § 9 Disposal and Environment

(1) The customer undertakes to properly dispose of the purchased product (products) and the packaging used for the shipment. The customer shall indemnify and hold kaiser harmless with regard to the disposal of these items.

 

§ 10 Contact

(1) The customer can find all necessary company data concerning kaiser on the website www.cumon.com (and all domains routed there) under the menu item Contact / Imprint.

 

§ 11 Applicability

(1) In each case, the Terms and Conditions shall apply as amended at the time of purchase by the customer and as specified online on the website and therefore confirmed by the customer at that time. The Terms & Conditions can be downloaded as a PDF file and are also dated.

 

§ 12 Best price guarantee

(1) If any of our customers find one ore more of our products cheaper than offered at our website www.cumon.com (and the domains routed there) online or at any shop, kaiser will deliver for this cheaper price at all time.

(2) For price comparison kaiser will take the prices inclusive VAT and exclusive shipping.

(3) The customer just need to fill in the offered from at our website www.cumon.com (and the domains routed there) and send it to gays by clicking the button send.

(4) Only condition for the customer is to fill in the offered form (§12/3) complete and name the shop or online shop where the customer found one or more of our products cheaper. It would be an asset to have a photo or a screenshot to proof. This the customer can upload as well as within the form.

(5) Kaiser will ship one or more products for the cheaper price and free of shipping costs for one time.

 

 § 13 Final Provisions

(1) The contract is concluded in German and/or English. The legal relations between the customer and kaiser shall be governed by Austrian law. If there are any misunderstandings concerning the translation of this terms and conditions the german version remain valid.

(2) Exclusive place of jurisdiction regarding all claims in connection with the business relationship between cosmetics and the customer shall be Klagenfurt am Wörthersee.

(3) Should one or more provisions of these Terms and Conditions be or become invalid in whole or part, this shall not affect the validity of all other provisions of the Terms and Conditions.

 

 

 
These terms and conditions apply as amended on 20.11.17, 20:40 Uhr

 

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