Scope of application:

These General Terms and Conditions (“GTC”) apply to all offers from:

Kahuna cookies
Platz der Wiener Symphoniker 1
6900 Bregenz
+436645285227
michael.kohler@outlook.at
on the website www.kahunacookies.com
 

The offer in the Kahuna Cookies web shop on the website is aimed exclusively at customers who are domiciled and have their habitual abode in Austria. For customers domiciled or habitually resident in other EU member states, delivery is on request. With the contract declaration of the customer, the General Terms and Conditions are accepted. They apply to all future contracts, even if they are not expressly agreed again. Terms and conditions of the customer that conflict with these terms and conditions or deviate from them or the discretionary law do not become part of the contract.

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Registration on the website, customer account

Before placing the first order, the customer must register on the website and create a customer account. Any person who logs in with a customer authorization approved on the website and the appropriate password is deemed to be authorized by Kahuna Cookies to legally place orders for the customer.

 

Conclusion of contract

The offers on the website are always non-binding. The presentation of the products in the web shop does not represent a legally binding offer, but a non-binding online catalogue. The customer's order is the offer in the legal sense.

By clicking the "Send order" button, the customer places a binding order for the goods contained in the shopping cart. Kahuna Cookies will confirm receipt of an order to the customer immediately upon receipt of the customer's statement. This confirmation of receipt is not an acceptance of the order. The order is accepted by sending the delivery confirmation by e-mail or by sending the ordered goods.

 

Prices and terms of payment

The prices listed on the website are final prices without exception. They include all price components including any applicable taxes (sales tax) and duties. Unless otherwise expressly agreed, all prices do not include freight, postage and insurance. The delivery and shipping costs shown on the website apply as shipping costs.

Payment is made in advance, Paypal or by credit card (Visa, Mastercard). When paying by credit card, the customer's account is debited when the goods are shipped.

 

Delivery terms

When ordering, make sure that the weights given are net weights and that no packaging material is included. Stated delivery times are always non-binding. The delivery is carried out by a company commissioned by Kahuna Cookies, but without guarantee for the choice of the fastest and cheapest shipment. The selection of the delivery company is the responsibility of Kahuna Cookies and can be changed at any time.

Right of withdrawal

In the following, the customer will be instructed in full about the statutory right of withdrawal and the exceptions in accordance with § 4 Para. 1 Z 8 to 11 FAGG. You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must
 

Kahuna cookies

Platz der Wiener Symphoniker 1

6900 Bregenz

+436645285227

michael.kohler@outlook.at

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) 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 revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for 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 may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You have the goods immediately and in any case no later than fourteen days from the day on which you inform us about the cancellation of the contract
 

Kahuna cookies
Platz der Wiener Symphoniker 1
6900 Bregenz

to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.
 

Return shipping costs

You bear the direct 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.
 

Exceptions to the right of withdrawal

You do not have the right to withdraw from contracts for:

a) Goods, the price of which depends on fluctuations in the financial market over which the Entrepreneur has no control and which may occur within the withdrawal period;

b) Goods made to customer specifications or clearly tailored to personal needs;

c) Goods that can spoil quickly or whose use-by date would quickly expire;

d) Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;

e) Goods which, due to their nature, were inseparably mixed with other goods after delivery;

f) alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;

g) audio or video recordings or computer software delivered in a sealed package if unsealed after delivery;

h) Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications.
 

Warranty

Upon receipt, the customer must check the delivered goods for completeness, correctness and other defects and notify Kahuna Cookies of any defects within a reasonable period of time. A breach of this obligation does not result in any restriction of the customer's statutory warranty rights.

 In the event of defects in the goods, the statutory warranty provisions apply. There is no warranty for damage caused by improper use or handling of the item. The same applies to normal wear and tear.

 Due to the resolution and size of the photos, the product images may differ in terms of color and size from the appearance of the delivered products. If it is not a consumer transaction, minor or other changes to our performance or delivery obligation that are reasonable for our customers are deemed to have been approved in advance. This applies in particular to deviations caused by the item (e.g. in the case of colours, taste, etc.).
 

Intellectual property protection

All commercial property rights to the products, the website and its content, in particular the product names, texts, images, blog entries, etc. remain with Kahuna Cookies. The customer does not receive any rights of use or exploitation whatsoever.
 

Retention of title

Delivered goods and services provided remain the property of the contractor until full payment.