General terms
GENERAL TERMS AND CONDITIONS OF SALE AND GENERAL TERMS AND CONDITIONS OF USE OF THE svenkoenig.com (ENGLISH VERSION) WEBSITE (March 2009)
Please read the General Terms and Conditions of Sale and General Terms and Conditions of Use of the svenkoenig.com website carefully.
GENERAL TERMS AND CONDITIONS OF SALE OF THE SVENKOENIG.COM (ENGLISH VERSION) WEBSITE
The purchase of any products offered on svenkoenig.com website is subject to the present Terms and Conditions ("Terms and Conditions of Sale").
Orders may only be placed on the svenkoenig.com website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of Cosy People products purchased on svenkoenig.com website is strictly prohibited.
Cosy People GmbH (on this website also referred to as “Cosy People”) may update these Terms and Conditions of Sale at anytime. You can view the most current version of the General Conditions of Sale at any time by clicking on the hyperlink labelled "Customer Service".
For each order on svenkoenig.com website, your acceptance of the current Terms and Conditions of Sale in force at the date of the order will be requested.
Terms of ordering
The svenkoenig.com website may be used to order a selection of Cosy People products from Cosy People, directly online via the Internet.
For each product selected on the svenkoenig.com website, a summary page will be displayed automatically featuring a photograph of the item, its colouring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to Cosy People for processing (see "acceptance of orders"). While every effort is taken to try to ensure that the colouring, design and style of the Cosy People products in the photographs displayed on the svenkoenig.com website are representative of the original products, variations may occur due to the technical restrictions of colour reproduction on your computer equipment. Accordingly, Cosy People shall not be liable for any error or inaccuracy in the photographs or graphical representations of Cosy People products displayed on the svenkoenig.com website. If you have any questions about the products, you may of course contact our Customer Service Department (see “contact us").
Cosy People generally reserves the right not to accept or cancel any customer orders. In particular, Cosy People reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Cosy People has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent or criminal activity or for any other cause which Cosy People deems legitimate.
To ensure the best quality service and product availability, you may not order more than 5 items with the same reference number from the svenkoenig.com website within a period of thirty (30) calendar days.
For any unusual orders, please contact our Customer Service Department on the hyperlink "contact us".
Availability
Products and prices are valid as seen on the svenkoenig.com website, subject to availability. Information about the availability of the products will be given at the time of the ordering.
Exceptionally, amendments may be made, especially in cases of simultaneous orders of the same product by several customers. If a product is unavailable after ordering, you will be informed by email or by phone as soon as possible. You will then be able to order an alternative from the svenkoenig.com website, order the product originally intended with a new delivery date, or cancel your order. If you choose to cancel your order, you will be refunded immediately if your charge or credit card has been debited.
Cosy People shall not liable for a lack of stock or the unavailability of products.
Cosy People reserves the right to change at any time and without any previous notice the items proposed on the svenkoenig.com website.
Order confirmation and conclusion of the contract
At the end of the ordering procedure, you are invited to click on the "Pay" push button which will confirm your order.
On confirmation, your order is transmitted to Cosy People for processing. Your order cannot then be amended or cancelled except in accordance with the Terms and Conditions of Sale. Confirming your order means your acceptance of the whole Terms and Conditions of Sale. After you send your oder to us, we will send you an e-mail confirming the receipt of your order and the details thereof. The order confirmation does not constitute acceptance of your offer, but only informs you of the receipt of your order. An agreement of purchase and sale is formed only upon dispatch of the product ordered to you; no contract of purchase and sale is concluded with respect to articles of an order not dispatched to you.
Any data recorded by the svenkoenig.com website will establish proof of transactions operated between Cosy People and its customers.
In the event of a dispute between Cosy People and one of its customers about a transaction made on the svenkoenig.com website, the data registered by Cosy People will be considered as irrefutable proof of the content transaction.
Price payment
The prices of Cosy People products are in Euros, inclusive taxes. The final amount of your order includes the delivery fee in accordance with your chosen delivery option (see "Shipping and delivery").
The invoicing of the products is based on a price list posted on the svenkoenig.com website at the time of the confirmation of your order, subject to the availability of the products ordered at this time. Otherwise, Cosy People reserves the right to amend at anytime and without any prior notice the prices of the products on the svenkoenig.com website.
Any order placed on the svenkoenig.com website has to be paid for immediately after confirmation of your order in case of bank transfers, within three days of the order date).
All orders are payable in Euros. We accept payment by Mastercard®, Visa®, Paypal or bank transfers.
Your order will be dispatched once your payment has been cleared, respectively once the payment has been credited to our bank account.
Your debit or charge card will have been debited by the time the goods are dispatched. If any of the ordered items are unavailable (see "Availability"), only the price and the delivery cost of the available products will be debited.
Ownership and title retention
The ordered products remain the property of Cosy People as legal and equitable owner and no property in or title to the ordered products shall pass to the customer until full payment for the products has been received by Cosy People.
In case of a payment problem, you undertake to return the received products to Cosy People upon its request. You assume the risks (in particular the loss, theft or damage) relating to the delivered products from the date of the delivery.
Delivery zone
Goods purchased via the svenkoenig.com website may be delivered world-wide within the delivery networks of the major parcel delivery companies. Cosy People will not process any order for which a post office box is provided.
Goods will be shipped to the delivery address(es) specified during ordering.
Shipping costs
Delivery costs depend the delivery service you select:
Type of products shipping costs
Delivery within Austria € 9.50
Delivery within Europe including Switzerland and Liechtenstein € 19.50
Delivery outside of Europe € 59.00
We will inform you of the shipping costs in the order summary displayed on the svenkoenig.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered
Time required for delivery
Any order placed before 1 p.m. on a working day will be delivered within 2 working days following your order.
Any order placed after 1 p.m. on any given working day will be delivered 3 working days later.
For a delivery to the Scilly Isles, allow 3 working days between the date of your order and your desired delivery date.
For a delivery to the Orkney Islands, allow 4 working days between the date of your order and your desired delivery date.
For a delivery to the Hebrides, allow 5 working days between the date of your order and your desired delivery date.
For a delivery to the Shetland Islands, allow 6 working days between the date of your order and your desired delivery date.
We will endeavour to ship the products ordered from us as quickly as possible. If an article is not available immediately, you will be informed in the course of the order procedure of the expected delivery date.
However, Cosy People reserves the right to divide your order into several shipments. If this is the case, we will split the debit of your charge or credit card to reflect this so that you will only be charged for the price of the products, which have actually been despatched. However, you will only be charged for the delivery cost of a single shipment and in accordance with the information appearing in your order summary.
Delivery problems
A failure to deliver or late delivery of the goods exceeding eight (8) business days should be reported to our Customer Service Department as soon as possible.
You should check that your shipment is correct on delivery. If there are any discrepancies or problems with your order when the products are delivered to you, you should note the nature of the discrepancy or problem (e.g., open package, damaged goods, etc.) on the delivery note, and sign it. Then you should contact the Customer Service Department by email.
If the goods do not correspond to your order or you are not satisfied with them, you may return them for an exchange or request a refund according to the terms and conditions contained in the section entitled "RETURNS - EXCHANGES - REFUNDS"
Returns - Exchanges - Refunds
To svenkoenig.com
In the event of an order of goods constituting a consumer transaction, you are entitled to cancel (rescind) your order, or the contract, as follows:
You may cancel your order or the contract concluded upon acceptance of your order within a cancellation period of seven working days (not counting Saturdays). The cancellation period commences upon the day of receipt of the ordered goods by you. It is sufficient, if you dispatch (by mail, fax or e-mail) the declaration of cancellation within the cancellation period to the address set out below:
Cosy People GmbH
Bösendorfer Straße 4/26
A-1010 Vienna
Austria
info@svenkoenig.com
In the event of a timely cancellation of the order or the contract, the goods concerned are to be returned, at your expense and at your risk, to us within a period of one week. After receipt of the goods by us, we will refund the purchase price to you, but not the shipping charges; if the market value of the goods has been reduced, compensation for such a value reduction will be deducted from the amount of the purchase price to be refunded to you; the taking of the goods into your possession in and of itself shall not be regarded as a reduction in value. Legal provisions providing you with further rights of rescission or cancellation shall remain unaffected. Further, you can avoid a deduction on account of a decrease in the market value by not treating the goods as your property and by refraining from doing anything decreasing their value.
Warranty
If goods purchased from Cosy People are defective, the statutory provisions shall apply. The warranty rights of the purchaser shall not be capable of being assigned. In connection with consumer transactions, the warranty period amounts to two years. The warranty period in case of transactions other than consumer transactions shall amount to one year. Cosy People shall be entitled to attempt to repair the defect prior to the purchaser being entitled to claim a purchase price reduction.
Limitation of liability
Cosy People GmbH shall not be liable for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the svenkoenig.com website.
The aforesaid limitation of liability shall not apply to personal injuries or to claims based on gross negligence or intentional misconduct.
Law - disputes
These General Terms and Conditions of Sale shall be governed by and construed in accordance with the Austrian law. Any applicability of the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The language of these Terms and Conditions is English. Except with respect to consumer transactions, in the event of a dispute, the Austrian courts with local jurisdiction at the place of the registered office of Cosy People shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court. Cosy People GmbH shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.
GENERAL TERMS AND CONDITIONS OF USE OF THE svenkoenig.com WEBSITE
The svenkoenig.com website is operated by the Cosy People GmbH. Cosy People GmbH operates the svenkoenig.com website and has the right to sell a selection of Cosy People products over the Internet.
Cosy People GmbH has its registered office at Boesendorferstrasse 4/26, A-1010 Wien, Austria. The use of the svenkoenig.com website and the purchase of any products offered on the svenkoenig.com website are subject to the present terms and conditions ("Terms and Conditions of Use"). The use of the svenkoenig.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the svenkoenig.com website ("Privacy Policy"); see "Security and Personal Data."
Cosy People GmbH may update these Terms and Conditions of Use and the Privacy Policy at anytime. By continuing to use the svenkoenig.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink "Customer Service and Privacy".
Security and personal data
The svenkoenig.com Privacy Policy (see "Privacy Policy") governs the use of any personal information that you agree to provide to Cosy People GmbH on this website. Cosy People GmbH may modify or amend the Privacy Policy at anytime as provided in the Privacy Policy. The svenkoenig.com website is not intended for use by minors under the age of 18.
Intellectual property
All material on the svenkoenig.com website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are the exclusive property of Cosy People GmbH or any of its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the svenkoenig.com website.
The "Cosy People" trademark, the trademark image and all other Cosy People related marks and logos, whether or not registered, displayed on the svenkoenig.com website, as well as the domain name "svenkoenig.com," are and will remain the exclusive property of Cosy People GmbH. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Cosy People GmbH is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the svenkoenig.com website or any content contained therein. You may make a single copy of web pages published on the svenkoenig.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
Linking
The Cosy People website may contain links to third party websites not under the operation or control of Cosy People GmbH. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Cosy People website if expressly authorized in writing by Cosy People GmbH.
Limitation of liability
Cosy People GmbH shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the svenkoenig.com website, even if Cosy People GmbH has been advised of the possibility of such damages.
Disclaimer
Cosy People GmbH does not guarantee or represent that:
• the svenkoenig.com website is free from viruses, worms, trojan horses or other destructive material;
• the information contained on the svenkoenig.com website is accurate, complete or up to date;
The svenkoenig.com website may contain technical inaccuracies or other defects and Cosy People GmbH does not guarantee that any such defects will be corrected. The svenkoenig.com websiteand its contents are provided on an "as is" and "as available" basis.
Cosy People GmbH expressly disclaim all warranties of any kind, whether express or implied, including without limitation, the implied warranties of compliance appropriation of svenkoenig.com website or of its contents intended to an usual use or a specific use, of its quality or lack of infringement to ordinary statement from them.
Governing law and jurisdictio
These Terms and Conditions of Use shall be governed by and construed in accordance with Austrian law.
The language of these Terms and Conditions of Use is English. In the event of a dispute, the Austrian courts shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court. Cosy People shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.