Terms of service

Terms and Conditions of Business and Delivery

§ 1 General

Your contractual partner for all orders within the scope of this online offer is
KAYIKO The Private Luxury KG, Windmühlgasse 16, 1060 Vienna, Austria (KAYIKO).
All deliveries from KAYIKO to customers are based on the following Terms and Conditions of Business and Delivery. These form the basis of all offers and agreements between KAYIKO and customers and are deemed to be accepted for the duration of the entire business relationship.

§ 2 Conclusion of contract

(1) The offers or goods contained on the website represent a non-binding invitation to customers to order from KAYIKO. All offers are non-binding and can be changed without prior notice to the customer.

(2) By submitting the completed order form on the internet, the customer makes a binding offer to conclude a purchase contract or contract for work and services. KAYIKO then emails the customer an order confirmation and checks the offer for feasibility. The order confirmation does not represent acceptance of the offer, but only informs the customer that the order has been received by KAYIKO.
The contract is only concluded when KAYIKO sends the ordered items to the customer and confirms the shipment to the customer with a second Email (shipping confirmation).

(3) The conclusion of the contract is subject to the timely and complete production of the goods. If the goods are not in stock, the customer will be informed immediately about the non-availability of the service. If the consideration has been provided by the customer, it will be reimbursed.

§ 3 Delivery / shipping

(1) The delivery takes place within three weeks at the latest, for shoes within eight weeks from the order date. The goods are usually dispatched within a few days. Delivery dates and delivery periods are only binding if they have been expressly confirmed as such in writing by KAYIKO.

(2) Deliveries are made by a shipping service provider selected by KAYIKO. The customer has to pay a postage fee, which depends on the order value and the place to which delivery is to be made.

(3) If, exceptionally, delivery is not possible within the period specified under (1), KAYIKO will inform the customer immediately in writing at the latest when the period expires. The customer then has a right of withdrawal, which they must exercise in writing without delay.

§ 4 Prices

(1) The prices are final. They include the applicable statutory value-added tax in the EU. Shipping costs are invoiced separately and shown separately in this.

(2) Shipping costs are to be paid by the customer, which depend on the order value and the location to which delivery is to be made.
Current shipping costs can be viewed under Shipping on the KAYIKO online shop website.

(3) The purchase price and shipping costs are due immediately upon conclusion of the contract without deduction.

§ 5 Payment

(1) The customer can choose to pay in advance or use the payment methods offered in the checkout.

(2) The purchase price is due for payment immediately.

(3) Insofar as the payment method selected by the customer cannot be carried out by KAYIKO despite contractual implementation, in particular because a debit from the customer's account is not possible due to insufficient funds in his account or due to the provision of incorrect data, the customer has KAYIKO or the third party commissioned with the processing the hereby reimburse any additional costs incurred.

(4) KAYIKO is entitled to use the services of trusted third parties to process payments:
a) If the customer is in default of payment, KAYIKO may assign the claims to a debt collection agency or commission a lawyer to collect the payment and transfer the personal data required for payment processing to this third party.
b) If third parties are involved in the payment processing, the payment in relation to KAYIKO is only deemed to have been made when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.

§ 6 Retention of title

(1) The goods remain the property of KAYIKO until the claims to which KAYIKO is entitled have been settled.

(2) The customer is obliged to treat the goods with care until ownership is transferred to them.

§ 7 Warranty

(1) Photos are informative in nature. Slight color deviations from the materials in the original are no reason for warranty.

(2) Insofar as there is a defect subject to warranty, the customer is entitled within the framework of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.

(3) If the supplementary performance has taken place by way of a replacement delivery, the customer is obliged to return the goods delivered first to KAYIKO within 7 days at KAYIKO's expense. The defective goods must be returned in accordance with the statutory provisions. KAYIKO reserves the right to claim damages under the statutory conditions.

4) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.

§ 8 Right of withdrawal up to two weeks, exclusion of the right of withdrawal

(1) If the customer is a consumer, he has a right of withdrawal.

Instructions on the right of withdrawal

The right of withdrawal applies exclusively to consumers in accordance with statutory provisions.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving a reason and to return the goods received. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the goods in have or has taken possession.
In order to exercise your right of withdrawal, you must send us a clear declaration, preferably by return slip together with the returned goods, by email to shop-vienna@kayiko.com, by letter to KAYIKO The Private Luxury KG, Windmühlgasse 16, 1060 Vienna, Austria or by telephone on +43 1 585 46 42 of your decision to withdraw from this contract.
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.

Consequences of withdrawal

If you withdraw this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your 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.
We can refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You have the goods immediately and in any case within fourteen days at the latest to be returned or handed over to us from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the costs of returning the goods.
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.

Exclusion or expiry of the right of withdrawal

The right of withdrawal only applies to items that have not been customized or changed. The right of withdrawal lapses for personalized products. The right of withdrawal expires when the security seal is removed.

End of instructions on the right of withdrawal

(2) The right to revoke the contract exists independently of the customer's warranty claims if the goods have defects (see § 7 Warranty).

(3) The customer is advised that the returned goods must be treated with care in accordance with the regulations on the consequences of cancellation (§ 9 Paragraph 1 Right of cancellation). The customer can try on the goods for inspection, but goods whose security seal has been removed will no longer be taken back. Goods that have been washed/cleaned, perfumed or stained, or damaged in any other way, will not be taken back or the customer will have to pay compensation.

(4) In the event of improper fitting, for example through overstretching a waistband, tearing a seam or similar, we reserve the right to refuse the return or to demand compensation.

(5)
There is no liability for improper use unless a law expressly provides for such liability. § 10 Limitation of liability also applies.

§ 9 Cost sharing agreement

If the customer makes use of his right of withdrawal, the customer has to bear the costs of the return if the delivered goods correspond to the ordered ones.

§ 10 Limitation of liability

(1) KAYIKO is not liable for the constant and uninterrupted availability of the online offer.

(2) Otherwise, KAYIKO's liability is based on the statutory provisions, unless otherwise specified in these General Terms and Conditions of Business and Delivery. Regardless of the legal reason, KAYIKO is only liable without limitation for damages in the case of intent and gross negligence. Liability under the Product Liability Act remains unaffected by the above provisions.

(3) Insofar as KAYIKO's liability is excluded or limited in these General Terms and Conditions of Business and Delivery, this also applies to the personal liability for damages of KAYIKO's employees, workers, employees, representatives and vicarious agents.

§ 11 Data protection

(1) KAYIKO processes the customer's personal data for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details, dress size, ...) will be used by KAYIKO to fulfill and process the contract. KAYIKO treats this data confidentially and does not pass it on to third parties who are not involved in the ordering, delivery and payment process. The customer has the right to request information free of charge about the personal data that KAYIKO has stored about them. In addition, you have the right to correct incorrect data, blocking and deletion of your personal data, provided there is no legal obligation to retain it.

§ 12 Place of jurisdiction – place of performance – choice of law

(1) Place of performance for all deliveries is KAYIKO The Private Luxury KG, Windmühlgasse 16, 1060 Vienna.

(2) If the customer is an entrepreneur/merchant within the meaning of the law, a legal entity under public law or a special fund under public law, Vienna is the place of jurisdiction. In this case, KAYIKO is also entitled to sue the customer at the court of his place of residence, at KAYIKO's discretion. The same applies in the event that the customer does not have a general place of jurisdiction in Austria, relocates their domicile or usual place of residence abroad after the conclusion of the contract, or their domicile or usual place of residence is unknown when the action is filed.

(3) The contract in accordance with these General Terms and Conditions of Business and Delivery is exclusively subject to the law of the Federal Republic of Austria. The application of the UN sales law is excluded. If the customer is a consumer within the meaning of § 13 BGB and has his habitual residence abroad, mandatory provisions of this state remain unaffected.