TERMS OF SERVICE
Article 1 - Definitions
In these Terms and Conditions, the following terms shall have the following meanings: a) Entrepreneur: MY Kiwana, established in Zuerich, Switzerland. b) Consumer: the natural person who does not act for purposes related to his commercial, trade, craft or professional activities.
Article 2 - Identity of the entrepreneur
Business name: MY Kiwana
Address: Max-Högger-Strasse 6 I 8048 Zürich I Switzerland
E-mail: info@mykiwana.com
Article 3 - Applicability
These general conditions apply to every offer from the Entrepreneur and to every distance contract concluded between the Entrepreneur and the Consumer.
Article 4 - The offer
If an offer is of limited duration or if certain conditions apply, this will be explicitly stated in the offer.
Article 5 - The agreement
The agreement comes into effect at the moment the Consumer accepts the offer and meets the corresponding conditions.
Article 6 - Right of withdrawal
The Consumer can terminate an agreement regarding the purchase of a product during the cooling-off period of at least 30 days without giving reasons. The Entrepreneur may ask the Consumer about the reason for withdrawal but cannot force him to state his reason(s).
Article 7 – Costs in the event of withdrawal
If the Consumer exercises his right of withdrawal, he will only pay the costs of returning the goods at most. If the Consumer has already made a payment, the Entrepreneur shall refund these costs as soon as possible but no later than 14 days after cancellation.
Article 8 - The price
By way of derogation from the previous paragraph, a trader may offer, at variable prices, products or services whose prices depend on fluctuations in the financial markets over which he has no control. This link to fluctuations and the fact that the prices quoted are indicative prices must be stated in the offer.
Price increases within three months of the conclusion of the contract are permitted only if required by law or regulation.
Price increases within three months of the award of the contract are only permitted if the contractor has agreed to them and:
they are due to statutory provisions or regulations, or
the consumer has the right to terminate the contract on the date on which the price increase takes effect.
The place of supply is the country where the transport starts. In this case, the delivery is outside the EU and the postal or courier company will therefore charge the customer VAT and/or customs clearance fees on importation. The retailer will therefore not charge VAT.
All prices may contain typographical and printing errors. We do not accept any liability for the consequences of typographical errors. In the event of typographical errors, the trader is not obliged to supply the product at the wrong price.
Article 9 - Conformity and guarantee
The Entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability, and with the existing statutory provisions and/or government regulations on the day the agreement was concluded.
Article 10 - Delivery and execution
The Entrepreneur will take the utmost care when receiving and carrying out orders for products and when assessing requests for the provision of services.
Article 11 – Duration transactions: duration, termination and extension
The Consumer may terminate agreements for indefinite periods, which extend to the regular delivery of products (including electricity) or services, at any time subject to the termination rules agreed for that purpose.
Article 12 – Payment
Payment must be made within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after conclusion of the agreement. In case of an agreement to provide a service, this period commences on the day that the Consumer received confirmation of the contract.
Article 13 – Complaints procedure
Complaints about the implementation of the agreement must be submitted fully and clearly described to the Entrepreneur within 7 days after the Consumer has discovered the defects.
Article 14 – Disputes
Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these general conditions apply. Even if the Consumer lives abroad.
Article 15– SMS marketing
The Consumer can revoke consent to receiving SMS messages with as little effort as was put into giving that consent. The Entrepreneur shall provide proof that consent has been given. Revocation of consent must be just as easy as giving consent.