General Terms and Conditions Kneso GmbH, Last Modified 03.04.2019
1 General, Scope of Application
1.1 All deliveries and services by Kneso GmbH, Schnabelweg 7, 8054 Graz, Austria (hereinafter „Kneso GmbH“) are performed exclusively on the basis of the General Terms and Conditions (hereinafter “GTC”) provided below in the current version in effect at the time of the order. Unless explicit agreement to the contrary has been made, no terms and conditions other than these GTC shall apply.
1.2 “Customer” as defined in these General Terms and Conditions shall be understood to mean both consumer and business. For the purposes of these terms and conditions, “consumers“ are natural persons who conclude contracts for a purpose that cannot be associated with either their commercial or their professional activities. For the purposes of these terms and conditions, “businesses“ are natural or legal persons or associations of individuals with legal rights who are exercising their commercial or autonomous professional activity when concluding a contract with us.
2 Conclusion of Contract
2.1 The placement of your order is a binding offer to us enter into a contract with the customer. After completion of your placement of the order an information message in the browser “your order is completed and successfully sent to us” appears. The contract becomes only valid after we have accepted your offer.
2.2 After we have received your offer we will send you an automatically generated Email that we have received your offer. This Email is not an acceptance of your offer, the Email is just for informational purpose to you that we have received your offer.
2.3 You are bound to your offer for 5 days. Any legal right of withdrawal remains unaffected thereby.
2.4 We can accept your offer within 5 days after we have received your offer. The contract becomes valid when we send you our official order confirmation by Email.
2.5 All data you enter at placing your order and your order is saved by us. All your order details including the general terms and conditions for your contract you can find in the order confirmation Email we sent to you after we have accepted your offer. You can print out this Email on your own if you want to.
3 Prices and Shipping Costs
3.1 All prices include the statutory value-added tax of 20% for Austria. In case a different value-added-tax rate applies for deliveries to your country we will display the correct amount after you have input your country of delivery. Shipping costs to your country will be viewed after you have input your country of delivery.
3.2 We try our best and check regularly to not misprice any items, but we cannot confirm price of an item until you order. We check our pricing and shipping costs after we received your offer. In case we find out that an item or shipping costs in your offer is mispriced we will contact you before shipping and wait for your instructions. You have the right to select to cancel the order free of charge or confirm your order with the updated and corrected price. If we cannot agree on a solution or you are not answering us within 2 weeks we have the right to cancel the order and refund you any payments you already made for this particular order.
3.3 In case the shipment destination is outside an EEA (European Economic Area) member country conditions of §4 apply.
4 Limitations on international sales
4.1 Our product and service offering is exclusive for customers located in EEA member countries. In case you require delivery outside EEA member countries we invite you to contact us firstname.lastname@example.org to give you an accurate quotation of your shipment costs.
4.2 In case the shipment destination is outside an EEA member country import as well as export costs including customs duties, legal fees and expenses can occur which have to paid by you.
4.3 In case the shipment destination is outside an EEA member country you are the importer and responsible for allowing the product to be lawfully imported into the destination country and responsible for ensuring that the products is compliant with all national regulations of the destination country. We explicitly point out that product manuals, instructions and safety warnings may not be in destination country languages. Please not that the products and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements.
4.4 In case the shipment destination is outside an EEA member country please note that any manufacturer warranty may not be valid.
5 Payment Terms
5.1 We accept following types of payment/ credit cards: Mastercard, Visa, Paypal, Prepayment. We reserve the right not to accept certain types of payment in individual cases. For payment in advance the payable amount charges has to be paid without any deductions and without transaction within 7 days after you have receipt our bank account information in the order confirmation Email. We will arrange shipment after we have received your payment on our banking account. For payment by credit card you agree to pay the full payable amount when placing order.
5.2 In case of any delay of payment, irrelevant if the delay of payment attributable to an action or omission of you or not, consumers will be charged with default interest rates of 4% per year. Businesses will be charged 9,2% per year over the base interest rate in case a delay of payment is attributable to an action or omission of mentioned business. Businesses will be charged 4% per year in case a delay of payment is not attributable to an action or omission of mentioned business. We reserve the right to provide evidence of and claim higher interest rates as a result of payment delay.
5.3 We keep all property rights on all items which have not been fully paid by you.
5.4 In case of delay of payment we reserve the right to execute our property rights. We both agree that the execution of our property rights does not automatically cancel our contract, except we express our explicit consent in a written statement.
6 Delivery Terms
6.1 In case the shipment destination is outside an EEA member country conditions of §4 apply.
6.2 The goods will leave our warehouse after we have received your full payment. Details about delivery time are on our homepage in the products section.
6.3 In case of default of acceptance, we reserve the right to charge you €5 per calendar day, because with your default of acceptance you create additional storage costs for us. The duty to fulfil the contract remains valid.
6.4 All purchases of physical items from our website are based on a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
7 Return Policy
7.1 Goods which are customized and/ or manufactured based on individual customer specifications are not eligible for returns. Our return policy does not include these goods.
7.2 Goods which are sealed due to health protection reasons or hygienic reasons are not eligible for returns if you break the original seal. Our return policy does not include these goods with broken original seals.
7.3 Please see our detailed return policy for consumers and businesses at www.knefit.com/return.
8.1 If you are a consumer the warranty is 2 years starting at the day you received the goods or the statutory warranty of the applicable law within your country (EEA member countries only), depending on which is longer.
8.2 If you are a business the warranty is according to the applicable law within the EEA member countries.
9 Customer Service
Complaints on the basis of legal warranty claims or other complaints can be asserted at the following address:
-> Subject: Warranty + your order number
10 Customer Account
If you have created a customer account, you are solely responsible for protecting the security and confidentiality of your login data and password and all access and website use by anyone whether or not such access and use of our website incl. purchasing items is actually authorized by you to the maximum extent permitted by law. In case you believe that an unauthorized third party may received information about your login data and password, you have to inform us immediately to enable us to block your account.
11 Applicable Law
11.1 Austrian law applies excluding the UN Sales Convention (CISG).
11.2 Consumers may submit claims in Austria as well as in the EU member state in which they have their habitual residence. An online dispute resolution is provided by the European Commission http://ec.europa.eu/consumers/odr/. We ask you to contact us directly email@example.com with your concerns to find a fast and satisfactory solution for you.
11.3 If the customer is a business, a legal entity under public law or a special fund under public law then the place of jurisdiction is the registered office of Kneso GmbH in 8054 Graz, Austria.
12 Disclaimer for ordinary negligence
12.1 Claims for damages in cases of ordinary negligence are excluded. This does not apply to personal injuries or product liability claims.
12.2 For end customers registered or permanently residing in Germany this clause 12.1 does not apply.
12.3 All information and content at our website is solely for informational purposes. YOU USE ALL INFORMATION, CONTENT AND PRODUCTS PROVIDED AT YOUR OWN RISK. Before using any products or applying any information, content, advices, exercise plans, all other services or products on this website we strongly recommend you and inform you that it is YOUR SOLE RESPONSIBLITLY TO CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL and if needed additionally all other sources of information relevant for your condition like licensed physicians or licensed orthopedists for diagnosis and treatment advice of any health related condition. Evaluating your own physical as well as medical condition is your sole responsibility. It is your sole responsibility to determine whether to use, adapt or do not use the information content, advices, exercise plans, all other services or products on this website. Always keep in mind that any exercise program may result in injury. You assume the risk of any injury resulting from your voluntary use of our products and/ or undertaking of any exercise displayed and/ or described on our website.
13 Miscellaneous Provisions
13.1 The contract language is English.
13.2 If any part of this agreement shall be deemed invalid or void or for any reason unenforceable, this does not affect any validity and enforceability of all remaining other parts.
© Kneso GmbH 2019 All rights reserved.