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І. General Conditions
1. These Terms and Conditions (hereinafter also as ‘Rules’) govern the relationship between the parties of the Sales Agreement, the Seller, Ksisters s. r. o., registered address: Bajkalska st. 45G, 821 05, Bratislava. Reg. No. 53143230, registered in the Trade Registry of the District Court of Bratislava I, section: s.r.o., case no. 146321/B (also referred to as Ksisters or Seller), and the Buyer.
2. The Buyer is an individual who has entered into a Sales Agreement with the Seller and purchased goods from the Seller through the online store on the website www.ksisters.at and which has the right to claim liability for defects of goods (hereinafter referred to as the ‘Buyer’).
3. The use of the distance selling procedure described in these Terms and Conditions is exclusively for consumers as defined in the General Civil Code (ABGB) and in the Consumer Protection Act (KSchG), that is, an individual who does not act in the course of his commercial activities or does not engage in independent professional activities, but enter into relations with the merchant or otherwise interact with him. Ksisters reserves the right not to process orders from individuals other than “consumers”.
4. These Terms and Conditions and the Sales Agreement have been concluded in the in the German language.
5. By placing an order, the Buyer confirms that he has familiarized himself with these Rules.
ІІ. Safety and information security
1. When buying, the Buyer provides the following information:
- Name and Surname;
- Email address;
- Phone number.
These data are necessary to identify the Buyer and for further communication for the purpose of delivery of the goods.
2. The terms of personal data processing and the specification of specific personal data, to which the Buyer agrees, are contained in the document «Personal data protection»
3. As part of the warranty claim procedure, the buyers are required to provide the following information: name, surname, address, phone number and email address. All personal data obtained in this way is processed exclusivelly for the purposes required to handle the warranty claim. The Buyer has the right to make changes to his personal data, including the right to request an explanation and/or to request the removal of wrong entered data, as well as other rights granted under the law.
ІІІ. Sales Agreement Execution
1. The Agreement is concluded electronically, remotely (by email), i.e. on the basis of the Buyer's electronic order (by sending the order, the Buyer sends an offer to conclude a sales agreement), which is confirmed by the Seller (acceptance of the offer).
2. The Sales Agreement is created by sending the order by the Buyer and accepting the order by the Seller. The Seller will immediately confirm this order to the Buyer with an informative letter to the email address specified in the order. In the information letter, the Buyer can find a link to the current version of the Rules
3. By the Sales Agreement, the Seller undertakes to hand over to the Buyer the goods which were purchased, and the Buyer undertakes to accept the goods and pay the Seller the purchase price. The Seller reserves the ownership of the goods until he receives the full payment for them. The Seller must send the goods to the specified delivery service to transfer the goods to the final buyer. The Seller will give the Buyer the purchased item in an agreed quantity, quality and design. If it is not agreed how the goods should be packaged, the Seller will pack the goods in the order necessary to keep the items safe and protected. In the same way, the Seller will pack the goods for transportation.
IV. Price and Payment Terms
1. The Buyer will receive the goods at the price valid at the time of the order. The Buyer has the opportunity to familiarize himself with the total price, including VAT and all other fees, before making an order.
2. Seller accepts payment terms available here.
3. The goods remains the Seller's property until fully paid. The risk of damage to the goods passes after the goods are handed over to the Buyer. When the goods are sent by an imposed payment, the information about the terms of payment is not subject to change.
V. Terms of delivery
1. Terms of delivery of goods within the agreed terms are:
- Checking the order;
- Availability of ordered goods in quantity according to the electronic order;
- Delivery and payment according to the information on the ksisters.at website.
2. The term of delivery of goods offered by the Seller is, in most cases, 4 working days from the moment of confirmation of the order, the maximum term of delivery is 11 working days. The order is sent to the carrier usually within 1 working day after the order is confirmed. The delivery period may be extended, including in case of insufficient information for sending the order.
3. Possible ways to deliver goods in the territory of Austria:
- Delivery of goods to the address of the imposed payment. The goods are sent by the delivery service. The courier delivers packages on business days, usually within 48 hours of the expedition.
- Delivery of goods to the address or branch of the delivery service without imposed payment. The goods are delivered on the same terms as the delivery with the imposed payment, only the Buyer agrees with the Seller an individual payment method. The Buyer is obliged to accept the goods from a third party (the Seller's transport partner).
4. The Seller's duty to deliver the ordered goods is carried out by transporting and transferring the goods to the courier (delivery service) for further transport to their destination. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract. In case of delay in the delivery of goods, please contact the Seller by email [email protected].
5. The Seller can charge for the delivery of the goods. Detailed information on the cost and conditions of delivery can be found in the Delivery tab. In addition, information about the price, date and cost of delivery is provided during the ordering process, as well as confirmed by Ksisters in an email sent to the Buyer. Together with the goods the Buyer is getting a tax document (invoice). All prices as shown are including VAT.
VI. Withdrawal from the Agreement
1. Termination of the Agreement by the Buyer, who is the Consumer:
In accordance with the provisions of Article 7 of Act 102/2014, the Buyer has the right to withdraw from the Agreement without a reason within 14 calendar days after receipt of the goods or from the date of the Provision of Services Agreement. But Ksisters provides an opportunity for Buyers to withdraw from the Agreement within 90 days after receipt of the goods, with the need to send the Seller a withdrawal from the Agreement letter to the address of the [email protected] within the above period. The withdrawal form can be downloaded here.
If the Buyer wants to use the right to withdraw from the Agreement, he must send the goods by means of the Austrian Post shipping company to: Packeta eCommerce GmbH, Postfach 3, Litschauer Straße 7, 3860, Heidenreichstein (please, be sure to include the Ksisters Return ID: 98177626), along with all samples and documentation, such as the original invoice, instructions and other documentation for items that have been delivered to him along with the goods, but no later than within 14 days of the date of the notice of withdrawal from the Agreement.
The cost of returning the goods is borne by the Consumer. In case of withdrawal from the Agreement within 14 days from the delivery date, the Consumer is also entitled to a refund of the cost of delivery equal to the cheapest delivery option. If this is a later refusal, the Consumer will only receive a refund of the value of the goods.
The above mentioned amounts will be refunded to the Consumer/Buyer immediately, but no later than 14 days from the date of receipt of the refund. If otherwise agreed upon, the money will be returned in the same way that the Buyer made the payment.
2. The Consumer cannot withdraw from the Agreement in case:
VII. Responsibility for product defects and warranty
1. The terms of the warranty for goods are governed by these Regulations and the existing laws of the Republic of Austria.
2. Ksisters is responsible for defects that occur after the goods are handed over by the buyer during the warranty period (warranty). The warranty period for all goods offered in the Ksisters Online Store is 24 months, unless a shorter period is indicated on the goods. The warranty period starts from the moment the Buyer receives the goods.
1. If a defect is detected during delivery, Ksisters repays the Buyer in the form of a coupon (reasonable discount for next order).
The Buyer may also require that the defect be fixed as a replacement. If it is not possible or not feasible for Ksisters to fix the defect, the Buyer has the right to demand a discount on the purchase price and - in the case of a significant defect - to withdraw from the Sales Agreement.
The Buyer must inform the Seller which right he has chosen when reporting the defect.
2. The goods are considered defective, in particular, if they not have their usual or presented properties, does not meet their intended purpose, does not meet the legal requirements or has not been delivered in the agreed quantity. Increased sensitivity or allergic reaction to the delivered product is not a reason for recognition of the defect of the goods. Similarly, defects in gifts or free goods not covered by an order are not a defect of the goods. Product photos in our online store are for illustrative purposes only and do not provide a mandatory description of product properties (for example, packaging may differ due to changes made by the manufacturer).
3. Complaints should be sent to [email protected] along with the complaint form available here. When filling out the form, do not forget to describe the defect and attach photos of the defected product (if possible). The goods with claimed defects, after confirmation, must be sent by means of the Austrian Post shipping company to the following address: Packeta eCommerce GmbH, Postfach 3, Litschauer Straße 7, 3860, Heidenreichstein. Please, be sure to include the Ksisters Return ID: 98177626.
4. Ksisters will inform the Buyer about evaluation of the warranty claim, in particular the receipt of the complaint and its positive or negative review, by email or text message. Ksisters can also contact the customer by phone.
5. The complaint will be reviewed immediately. The review of the complaint, including rectification of the defect, usually does not exceed 30 days. Otherwise, the Buyer has the right to withdraw from the Agreement. The Buyer is obliged to help the Ksisters meet the above deadline.
6. In case the claim is positive, Ksisters bears the cost of returning the goods.
IX. Loyalty program - Ksisters club
1. By purchasing products in the Ksisters online store, you become a Member of the Ksisters club Loyalty Program (hereinafter referred to as the Loyalty Program or Ksisters club).
2. As part of the Loyalty Program, the Member receives Cashback to his loyalty account for purchases of cosmetics in the Ksisters online store. The amount of Cashback accrued for loyalty corresponds to the purchase price in euro.
3. The more products a Loyalty Program Member buys, the more benefits he gets. The levels of loyalty and benefits that the Member receives are listed below:
Detailed information can be found in the section: "My Ksisters Club".
4. Accumulated Cashback cannot be sold or donated. Cashback cannot be exchanged for cash. With the accumulated Cashback, the Member of the Loyalty Program can only pay up to 50% of the good value.
5. The drawdown period of Cashback is 1 year with each purchase. The buyer can check the Cashback available to him on the website, for this he must be authorized on the website. He can also check this information in the basket when placing an order.
6. Ksisters is not responsible for possible unlawful use of Cashback by a third party, unless the Loyalty Program Member informed about the loss of access to his account in time.
7. Ksisters reserves the right to terminate or discontinue the Loyalty Program at any time. Also, Ksisters reserves the right to change the Cashback accrual system.
8. In case of termination or interruption of the Loyalty Program, Ksisters undertakes to inform the Members of the Loyalty Program about this on the Ksisters website. In this case unused Cashback will be cancelled.
9. Membership in the Ksisters club and related services are free of charge.
10. A member of the Loyalty Program can be excluded from the Ksisters club at any time of his own free will. In this case, the customer sends a cancellation request to the email address: [email protected]
X. Referral program
1. The right to participate.
The Referral Program is only available to Ksisters customers who are at least eighteen (18) years of age at the time of participation.
Your participation in the Referral Program and use of your referral link or promo code constitutes your full and unconditional agreement to the terms set forth in this Agreement and to the decisions and interpretations of Ksisters, which are final and binding on all matters related to this Program.
A new buyer under the Referral Program (hereinafter referred to as "Referrals") is a combination of a unique phone number and e-mail (those that were not used when placing orders on the Ksisters website of any domain zone).
If you are a New Buyer, you have the opportunity to receive a discount when placing your first order, the amount of the discount is set by Ksisters at its sole discretion.
To do this, you need to use a referral link or a referral promo code that was given to you by a friend.
In order for the promo code to be applied, you must be registered or authorized on the site and at the same time there must be no successful purchases in your account.
2. General information about the Referral Program.
Subject to compliance with the specified eligibility requirements, you may participate in the Referral Program after purchasing products offered on the Site.
48 hours after receiving your first order, you will be automatically registered in the Referral Program, and as a member you will be able to receive cashback to your ksisters club account in the amount of 5 euros in the future (hereinafter referred to as "Cashback").
If you wish to refuse participation in the Referral Program, please contact us by e-mail: [email protected]
As stated above, 48 hours after receiving your first order in your account, a special link or promotional code (hereinafter referred to as "Referral Link") will be generated and will be available in your /my-ksisters-club personal account.
You can share your Referral Link with potential new buyers.
For orders placed by Referrals who go to the Ksisters website using your Referral link or use your promotional code when placing their first order, you will be charged Cashback, for this the Referral must receive their first order of 30 euros or more.
You can use Cashback according to the same principle as in the Loyalty Program.
3. Receiving Cashback
Cashback will be credited to your Loyalty Program account.
Cashback accrual for the use of your Referral link or the use of your promotional code, as well as in compliance with other requirements specified in these Rules, occurs within 48 hours after the Referral receives his first order.
XІ. Alternative dispute resolution
1. The Buyer has the right to ask the Seller for compensation of the damage (by email to [email protected]) if he is not satisfied how the Seller has processed the complaint or if he believes that the Seller has violated his rights.
If the Seller responds to this request negatively or does not respond to it within 30 days from the date of receiving it, the Buyer as a consumer can exercise his right to out-of-court settlement of the dispute and file a complaint through the Alternative Dispute Resolution Platform, which is available online at link.
2. Disputes between the Client and Ksisters that cannot be settled amicably in accordance with the previous provisions will be resolved by the local competent court of the Client at the place of his permanent residence.
XІI. The Final Provisions
1. The Buyer recognizes and agrees that the rights and obligations between the Seller and the Buyer are governed by these General Conditions and the relevant legal provisions of Austrian consumer protection law.
2. Other matters not expressly regulated in these General Terms and Conditions are governed by the applicable law in force at the time of the conclusion of the individual sales agreements.
3. By submitting the order, the Buyer confirms that he has familiarized himself with these Terms and fully agrees with them.
4. If one or more clauses of these conditions become invalid in whole or partially, the validity of the other clauses will not be affected and the other clauses will remain in full force and effect.
These Terms and Conditions enter into force on 20th of June 2022.
Terms and conditions can be downloaded here.