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Our Terms of Use:
General terms of business for KandiDiva Fashion , Falkenweg 5a. 46509 Xanten
Germany
Valid from 01.01.2010
1. Conclusion of contract (c o c)
Delivery and performance are bound by our business terms.Those are also valid in all future dealings,even if they are not specifically mentioned again.With your order, at latest on delivery of that order and or other performances, our business terms are accepted by you as binding. Deviations from our terms are only exeptable if confirmed,in writing,by the seller.
2. Payments
We deliver our merchandise and or other performances-only: per advance payment, credit card or Paypal. See for details: Prices and payments. If you order from an other country it is nesessary to consider bankcharges and exchange rates, so we receive only the net. amount to our account. If you choose advance payment,we will inform you of any current bankcharges upon confirming your order.
3. Prices and terms of payment
Our offers are without engagement and are revocable. Your orders are only legally binding if personally confirmed by the seller-by e-mail or mail. Receipt of a bill is equal to order confirmation. Our bills for merchandise are to be payed by advance payment, credit card or Paypal. Payment is counted as made, if it is actually available to us. Payment by check is counted valid upon final money deposit to our account. In case of arrear payment, we charge 4% of the current actual discount intrest rates.We retain the right, to turn over to third persons, collections of overdue payments.The buyer declares herby to pay all extra costs should arrear occur. In case of nonpayment,the buyer also agrees to have his/her creditdata shared with credit protection agencies. We also reseve the right not to do business with violators of our general business terms.The buyer also promises to inform us of any changes in personal data such as: Adress, phone number or e- mail adress, until all contractual dealings with us are concluded. The buyer also agrees to pay for all costs occuring , if it should becom nesessary to locate him. If the buyer plans on moving or a change of adress within the next two month, he will please inform us when ordering.
4. Delivery
The seller will strive to keep delivery dates and promises fast order processing. Delivery dates are non binding, unless set in writing. If ordered mechandise has to be custom made or ordered elswhere, like from another country, there may be a delay of a few days or even weeks. Delays in delivery by reason of higher power or occurances beyond our control that would make it impossible to deliver. We do reserve the right to dissolve binding promises. This includes: manufactur breakdowns, strikes or official orders. Such difficulties allow us to suspend the deliveries and or other performances for the duration of our problems-or to cancel part or all of the contact. Already made payments will immediately be returned to customer. If we don’t keep the delivery deadline the customer can cancel his or her order after a grace period of two weeks. In the event of us not beeing able to deliver after this period, the order is beeing considered cancelled.
5. Terms of delivery:
The risk of the buyer begins with transfer of merchandise to the forwarding agent/carrier-or with the delivery of mechandise to buyer, if we send the order via insured package. The cost of shipping is to be payed by the buyer. Shipping or mailing in Germany costs 6.90 Euro, within the European Union 13.90 Euro. Shipping outside the European Union 15,90 Euro
or mailing oversees costs 25.00 Euro. Orders that can only be partially filled from stock, ill be send ahead,he cost for the remaining items of the same order will be shipped at our cost. Seperat order shipping will be payed by customer.
5a. Terms of exchanges:
All offered articles belong to the category”Hygiene articles”and can not be exchanged. In some instances, after personal communication with the seller, exchange may be possible. See: Rules of exchange. Shipping charges in this case are to be payed by the customer. Customers, which refuse to accept or leave packages with shipper, loose all right to do further business.
5b. Revocation right:
The customer is entitled to withdraw his declaration of the conclusion of a contract within 30 days after receipt of the goods by returning the goods to kandidiva.com or by a written notice by mail or e-mail. The time allowed for revocation shall begin earliest with receipt of this declaration in textform and not before the goods were delivered to the customer. The goods or notice has to be dispatched in time to comply with this term it. In case of withdraw the goods shall be sent to:
KandiDiva Fashion
Mr. Volker Schuurman
Falkenweg 5a
46509 Xanten
Germany
kandidiva@t-online.de
In this case both parties shall refund the benefits they received including any associated advantages. In the case of a considerable deterioration in the quality of the goods or in the case of loss, the customer shall make good the corresponding reduction in value or loss to kandidiva.com if he withdraws his order. If the reduction in value is exlclusively dependent on an cautious examination of the goods, this right of withdrawl shall be barred. The duty for compensation will be avoided by returning unused goods. Goods shall be returned by mail. If the goods were delivered according to the ordered items the charges for the return of the goods of up to EUR 40,- shall be the responsibility of the customer. If the customer has already paid the purchase price, kandidiva.com shall be entitled to deduct the reduction in value from the amount repayable. It is the customers duty to comply with the compensation within 30 days after the notice of withdrawal. The customers right of withdrawal will be barred earlier, if within this period kandidiva.com has on the customers demand delivered a service, or the customer has used the service already (e.g. by download). The right of withdrawal shall also be barred, if goods were manufactured according to the customers specification or are explicitly cut for the personal use by the customer, if they are not suitable for returns because of the condition of the goods, if they are perishable or if the expiry date is exceeded. The same applies to contracts for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the customer.
6. Warranty garanties:
Flaws in material have a warranty periode of 6 month fom time of delivery.Within these 6 month, an exchange or prizereduction is subject to approval and confirmation.
Not in this rule are nylon , pantyhose and silk stuff. In case of a justified defect, the seller,by choice, can either: remedy the defect, exchange or credit such items to the customers account. By failure to remove defect or failure to exchange,the buyer can ask for a prize reduction or cacellation of contract. Exempt from exchanges are:Hygiene articles, wig´s, pantyhose, stockings, latex article, underwear, korsett`s and other clothing that is worn without underwear-also dirty or worn clothing or Hygiene toys like Dildos-. Prerequisite for warranty, exchange or credit to account is, that all merchandise was properly treated and stored. We will send you care instructions for our merchandise upon request.Latex clothing should only be cleaned with from us recomendet cleaning agents and must be stored per instructions(Latex care tips).All from us offered textiles are made from fetish materials und should be cleaned by experts or handwashed with washingpowders for delicat fabrics-as indicated on the label. Parts that suffer from natural wear and tear are exempt from warranty.Elastic clothing cant be overstretched,busted seams,on the basis of a to small ordered size, are also not covered under the warranty.Please inform us before hand of warranty merchandise. See: Exchanges. Color fidelity may vary,for example,when materials are printet-and are not considered a flaw.
7. Reservation of ownership/Titleretention;
Our deliverys are made under reservation of ownership and are considered ours until paid in full and all owed moneys are in our account.
8. Limited liabilities:
Liability for damages arising from:Impossibility of performance,positive denial of demand, through faulty ending of contract or illegal actions, can only be sued for if there was-criminal intent or gross negligent action on our part. Especially, liability claims pertaining to injuries-from the buyer or third party´s-by use of the seller´s products-other than for decoration or clothing purposes-.are legally not possible.
9. The buyer insures thru download of a PDF file(link at page end) or printing of a durable copy, to put these terms of contract (GTOC) in his or her files.
10. Final provisions of GTOC.
For these terms of contract between buyer and seller and all legalities there off, effectiv only under German law in Germany. If the buyer is a fully qualified merchant. Rheinberg is designated as legal domicil. The hyperlinks in this GTOC are only there for explaination of details and are not part of the GTOC. Said details can be changed by arrangement. In the event, that one or more of these terms are or become ineffectiv by law,the rest will still be binding.
All personal data that we recive in the line of business from our customers, will be electronically processed under guidance of law.
All rights to this site are reserved.No part of this website may be reproduced in any form or by electronic omechanical means, including information storage and retreaval systems without the written permission of the copyright holder. KandiDiva Fashion has secured copyright. This site can only be used by others for privat means.Any commercial use will be prosecuted with a minimum fine of 5000,-euro per text or picture.This includes our Gallery domain and our product manufacturing pictures.If our customers store and view our cataloge , they are obligated to withhold this material from children and minors in country´s bound by such laws.
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