Terms of service
Table of Contents
- Scope and definitions
- How a contract is formed
- Cancellation / withdrawal right
- Prices and payment
- Shipping and delivery
- Retention of title
- Defects and guarantee
- Liability
- Customised / made-to-order goods
- Assembly and installation services
- Promotional vouchers
- Purchased gift vouchers
- Governing law
- Dispute resolution
1. Scope and definitions
1.1 These General Terms and Conditions ("Terms") govern every contract for the goods and services offered in the online shop of KOLJA ANNUSSEK MANAGEMENT EURL ("we", "us", the "Seller") with a customer ("you", the "Client"), whether the Client is a consumer or a business. Any conflicting terms of the Client do not apply unless we have agreed to them in writing.
1.2 These Terms apply in the same way to the purchase and to the supply of vouchers, unless something different has been expressly agreed.
1.3 A "consumer" means any individual who enters into the contract for purposes that are mainly outside their trade, business, craft or profession.
1.4 A "business" (trader) means any individual, legal entity or partnership with legal capacity acting for purposes relating to its commercial or independent professional activity.
2. How a contract is formed
2.1 The presentation of products in our online shop is not a binding offer. It is an invitation for you to place a binding order.
2.2 You place your order by adding items to the basket and completing the checkout steps. Clicking the button that finalises the order ("place order" / "pay") submits a binding offer for the items in your basket. You may also send us an offer by email.
2.3 We may accept your offer within five (5) days by:
- sending you an order confirmation in text form (e.g. email), the decisive moment being its receipt by you; or
- dispatching the goods to you, the decisive moment being your receipt of the goods; or
- asking you to pay after you placed your order.
Where more than one of these applies, the contract is formed as soon as the first of them occurs. If we do not accept your offer within that period, your offer is deemed declined and you are no longer bound by it.
2.4 If you choose a PayPal payment method, payment is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under PayPal's terms. Where you select a PayPal method during checkout, we declare acceptance of your offer at the moment you click the button completing the order.
2.5 After the contract is concluded we store the contract text and send it to you in text form (e.g. by email). We do not make the contract text otherwise accessible.
2.6 Before submitting your order you can review all entries on the confirmation screen and correct input errors using your keyboard and mouse (and your browser's zoom function) until you click the button finalising the order.
2.7 The contract may be concluded in English [and French].
2.8 Communication and order handling normally take place by email and automated processing. Please make sure the email address you provide is correct and able to receive our messages (e.g. check spam filters), so that confirmations and notices reach you.
3. Cancellation / withdrawal right
3.1 As a consumer you have a statutory right to withdraw from the contract.
3.2 The conditions, time limits and consequences are set out in full in our separate Withdrawal Policy.
4. Prices and payment
4.1 Unless stated otherwise in the product description, prices are total prices and include applicable VAT. Any delivery charges are shown separately in the product description and at checkout.
4.2 Payment can be made using any of the methods shown in our online shop.
4.3 Where payment in advance by bank transfer is agreed, payment is due immediately after the contract is concluded, unless a later date has been agreed.
4.4 If you choose a method offered through "Shopify Payments", payment is processed by Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. The available methods are shown during checkout. Shopify may use further payment providers with their own terms, to which you will be referred separately. More information: https://www.shopify.com/payments.
5. Shipping and delivery
5.1 Unless agreed otherwise, we ship to the delivery address you provide, within the delivery area we specify. The address stated in our order processing is decisive.
5.2 If the carrier returns the goods to us because delivery to you was not possible, you bear the cost of the failed delivery — except where you effectively exercise your withdrawal right, where delivery failed for reasons beyond your control, or where you were temporarily unable to accept delivery and we had not given you reasonable advance notice.
5.3 For logistical reasons, collection in person is not available.
5.4 If we are not supplied correctly or in time by our own supplier through no fault of our own, and despite having concluded a matching purchase with that supplier, we may withdraw from the contract. We will use all reasonable efforts to source the goods. If the goods are unavailable or only partly available, we will inform you without delay and refund any payment already made promptly.
6. Retention of title
Where we deliver before full payment, we retain ownership of the delivered goods until the purchase price has been paid in full.
7. Defects and guarantee
7.1 Unless agreed otherwise, the applicable statutory rules on liability for defects apply. The following modifications apply to contracts for the delivery of goods where the Client is a business:
- we may choose the manner of any remedy;
- for new goods, claims for defects are time-barred one year after delivery;
- for used goods, claims for defects are excluded;
- a remedy does not restart the limitation period.
7.2 The limitations and shortened periods in 7.1 do not apply to claims for damages or reimbursement of expenses, to defects we fraudulently concealed, to goods used in accordance with their normal use for a building that caused its defect, or to any obligation we have to provide updates for goods with digital elements.
7.3 For business Clients, statutory limitation periods for any statutory right of recourse remain unaffected, as do the statutory rights of consumers, which are not limited by this clause.
7.4 If you are a consumer and goods arrive with visible transport damage, please report it to the carrier as soon as possible and notify us. Failing to do so does not affect your statutory or contractual claims for defects, but it helps us pursue our own claims against the carrier.
8. Liability
We are liable to you for damages and reimbursement of expenses — on any contractual, quasi-contractual or statutory basis, including tort — as follows:
8.1 We are liable without limitation: for intent and gross negligence; for injury to life, body or health; under any guarantee we have given; and where mandatory law imposes liability (e.g. product liability rules).
8.2 For the merely negligent breach of a material obligation, our liability is limited to the foreseeable, typical loss, unless unlimited liability applies under 8.1. A material obligation is one whose fulfilment is essential to performing the contract properly and on which you may reasonably rely.
8.3 Any further liability on our part is excluded.
8.4 The above also governs our liability for our staff, representatives and agents.
9. Customised / made-to-order goods
9.1 Where we owe both the delivery and the processing of goods to your specification, you must supply all required content (texts, images, graphics) in the formats, sizes and formatting we specify, and grant us the rights needed to use it. You are solely responsible for obtaining and clearing rights in that content, and you confirm that you are entitled to use it and that it infringes no third-party rights (in particular copyright, trademark and personality rights).
9.2 You will indemnify us against third-party claims arising from our contractual use of your content where those claims result from an infringement of their rights, including reasonable costs of legal defence at statutory rates — unless you are not responsible for the infringement. In the event of such claims you will promptly give us the truthful, complete information needed to assess and defend against them.
9.3 We may refuse orders where the content you supply breaches the law or public morality — in particular content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, or that glorifies violence.
10. Assembly and installation services
Where, in addition to delivering the goods, we owe their assembly or installation at your premises (including reasonable preparatory steps such as measuring), the following applies:
10.1 We perform the service ourselves or through qualified personnel or subcontractors of our choice. Unless our service description says otherwise, you cannot require a specific person to perform it.
10.2 You will give us the complete and accurate information needed to perform the service, unless obtaining that information is our responsibility under the contract.
10.3 After the contract is concluded we will contact you to arrange a date. You will ensure we (or our personnel) can access your premises at the agreed time.
10.4 The risk of accidental loss or deterioration passes to you only once the assembly is complete and the goods have been handed over.
11. Promotional vouchers
11.1 Vouchers we issue free of charge for a limited period as part of a promotion, which cannot be bought ("promotional vouchers"), can be redeemed only in our online shop and only within the stated period.
11.2 Certain products may be excluded if the voucher's conditions so provide.
11.3 Only one promotional voucher may be used per order.
11.4 The order value should at least equal the voucher value; we do not refund any remaining balance.
11.5 If the voucher does not cover the order, you may pay the difference using any other method we offer.
11.6 Promotional voucher credit is not paid out in cash and does not bear interest.
11.7 A promotional voucher is not refunded if you return — under your withdrawal right — goods paid for wholly or partly with it.
11.8 Promotional vouchers are transferable. We may perform with discharging effect towards whoever redeems the voucher in our shop, unless we know, or are grossly negligent in not knowing, that the holder is not entitled.
12. Purchased gift vouchers
12.1 Vouchers that can be bought through our online shop ("gift vouchers") can be redeemed only in our online shop, unless the voucher states otherwise.
12.2 Gift vouchers and any remaining balance can be redeemed up to the end of the third year after the year of purchase. A remaining balance is credited to your voucher account.
12.3 Gift vouchers can be redeemed only before the order is completed; later offsetting is not possible.
12.4 If the voucher does not cover the order, you may pay the difference using any other method we offer.
12.5 Gift voucher credit is not paid out in cash and does not bear interest.
12.6 Gift vouchers are transferable. We may perform with discharging effect towards whoever redeems the voucher, unless we know, or are grossly negligent in not knowing, that the holder is not entitled.
13. Governing law
These Terms and all legal relationships between the parties are governed by French law, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection of the mandatory provisions of the law of the country in which they have their habitual residence.
14. Dispute resolution
We are neither obliged nor willing to take part in dispute-resolution proceedings before a consumer arbitration board.