GTC General Terms and Conditions of Business

Note: The present translation is furnished for the client’s convenience only. The original text of the General Terms and Conditions of is binding in all respects. In the event of any divergence between the English and the German texts, for example in structure, meaning or interpretation, then the structure, meaning or interpretation of the German text shall govern exclusively.

§ 1 Legal statement
(1) The General Terms and Conditions of Business govern the entire business relationship between the client and the KEJANO high performance sportswear GmbH. KEJANO high performance sportswear GmbH shall not recognize any conflicting or differing Terms and Conditions of the Customer unless KEJANO high performance sportswear GmbH expressly approved the applicability therof in writing.

(2) Customers in the sense of the here available Terms and Conditions of Business are both customers and entrepreneurs. Any natural person with whom a business relationship is entered shall be considered as a consumer if this person neither acts for a purpose of commercial nor self-employed professional activity.
According to these GTC, an entrepreneur is called every natural or juristical person or legal joint venture which, after finalizing a business to act under a law, deals with practicing its trade or independent professional activity.

§ 2 conclusion of contract
(1) The representation of the products in the onlineshop represent no legally firm offer but a non-binding online catalogue. By pressing the order button you give a binding order of the products contained in the shopping cart. Our confirmation of the receipt of your order follows immediately after you have submitted your order. This order confirmation does not constitute acceptance of your order but serves simply to inform you that we have received your order.
We can accept your order either by sending you an order confirmation by e-mail or by delivering the goods within a period of five days.
(2) If an article should not be available we undertake to notify you forthwith and refund payments of the purchase price you may already have made. In the case of typing errors or misprints on the website, KEJANO high performance sportswear GmbH retains the right to withdraw from the contract. All offers apply for such time as stocks are available.


§ 3 payment and shipment
The following terms of payment and shipment are valid:

(1) The payment of the purchase price takes place alternatively by prepayment, payment by credit card or payment by PayPal. If you choose payment in advances as method of payment, we will send you our bank details in the order confirmation e-mail and deliver the products after receiving the payment. When paying by credit card or PayPal your account will be charged directly after making the order.

(2) For worldwide shipping, we charge the following shipping costs:

Austria:
If the order amount is under EUR 150,- gross the shipping costs are: EUR 5,00 gross.
We provide free shipping service if your order amount is more than EUR 150,- gross.

Germany:
If the order amount is under EUR 150,- gross the shipping costs are: EUR 9,00 gross.
We provide free shipping service if your order amount is more than EUR 150,- gross.

Other EU countries:
If the order amount is under EUR 150,- gross the shipping costs are: EUR 15,00 gross.
We provide free shipping service if your order amount is more than EUR 150,- gross.

Liechtenstein, Switzerland, Iceland, Norway:
If the order amount is under EUR 200,- net the shipping costs are: EUR 20,00 net.
We provide free shipping service if your order amount is more than EUR 200,- net.

Other European countries:
If the order amount is under EUR 300,- net the shipping costs are: EUR 20,00 net.
We provide free shipping service if your order amount is more than EUR 300,- net.

USA, Canada, South Africa, Australia:
If the order amount is under EUR 500,- net the shipping costs are: EUR 25,00 net.
We provide free shipping service if your order amount is more than EUR 500,- net.

Other countries:
If the order amount is under EUR 500,- net the shipping costs are: EUR 35,00 net.
We provide free shipping service if your order amount is more than EUR 500,- net.

§ 4 proprietary rights
Until the delivered/ordered products have been paid for in full by the customer they remain the property of KEJANO high performance sportswear GmbH.

§ 5 right of withdrawl
(1) Costumers have full right of return within 14 days of receiving the goods.
You have the right to revoke your declaration of contract in writing (by letter. Fax, e-mail) or by returning the subject of contract within 14 days without having state any reason. The period begins upon receipt of this notification in writing, but not before receipt of the goods at the receiver.
The postmark date will serve as proof. Justified warranty claims can be satisfied by KEJANO high performance sportswear GmbH also trough improvement or reduction of price by their choice except for the exchange.
Minor deviations from product sizes or colours shall not entitle to a complaint. If the claim for defects is not filed in good time then the goods shall be deemed free of defects and approved in accordance with the contract.

(2) The right of revocation does not apply to contracts for the delivery of goods, which are manufactured to customer specifications.

(3) Any kind of damage or defacement should be avoided. The goods should be returnend in the original packaging including all accessoires. In the case that the original packaging is no longer available the consignor is liable for a suitable packaging which sufficiently protects against damage.
The consignor shall be liable for any damage resulting from inadequate packaging.

(4) The goods have to be sent back as postpaid package and the delivery document has to be retained. Postage costs will be reimbursed if they are not covered by the sender himself.

(5) Goods returns must be arranged basically before return with us by writing an e-mail to Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!.

§ 5a Return postage by exercising of the right of withdrawal

After reception of the articles the customer has a 7-days-right to exchange the goods, as long as the commodity is still unused. The purchase price will be returned if the payment has already been completed. The purchase price will be credited and can be used for another purchase by customers request.
The goods have to be sent back as postpaid package. Otherwise the return will not be accepted and will be sent back to the sender at his expense. The shipping costs will be reimbursed if the goods were already damaged when delivered to the customer, have other defects, or are not the goods that the customer ordered.

§ 6 prices, delivery and shipping costs

(1) The prices listed in the online shop are final prices containing all price components including taxes.

(2) Not included in the purchase price are the additional delivery and shipping costs which will be specified to the customer before submission of the order.

(3) Shipment shall be made by the least expensive form of shipment. A collection by the customer can only be considered in case that a collection date has been agreed upon with KEJANO high performance sportswear GmbH in advance.

(4) The customer shall not be entitled to withhold payments on the grounds of counterclaims or to set them off against counterclaims unless these counterclaims are uncontested or have been legally established.

§ 7 transfer of risk

(1) For consumers the risk of accidental loss and of accidental deterioration of purchased goods, this includes shipped goods, is passed on with merchandise transfer to the contractual partner.

(2) With entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyer upon handover, or in case of forwarding transactions, when the goods are handed over to the carrier, freight-forwarder or to any other person charged with executing the shipment.

(3) If the customer delays in accepting the goods, the transfer shall still be deemed to have taken place.

§ 8 Notification of Transport Damages

(1) The customer is responsible for signing off on the completeness and integrity deliveries.
In the case of visual damages of the delivery-packages, the consumer will commit him-/herself to report any damages on the delivery-packages on the shipping-documents and to let to sign those reported damages by the carrier. In this case the packaging is to be kept.

(2) If (partial) loss or damage is not externally recognizable, then the customer is required to notify KEJANO high performance sportswear GmbH within three days, or the transportation company within seven days, of any such damage subsequently established in order to assure that any claims against the transportation company can be asserted in due time.
(3) Possible rights and claims of the consumer, particulary the rights of law of the consumer in case of delivery of damaged products, will not be touched by preceding arrangements.

§ 9 warranty and liability

If there is a defect in the product purchased from KEJANO high performance sportswear GmbH, the buyer can request a defect removal or replacement. If KEJANO high performance sportswear GmbH is not willing or able to remedy the defect or replace the item, or if such action should be delayed beyond reasonable amount of time, for reasons for which KEJANO high performance sportswear GmbH is liable, the customer has the right to either cancel the contract or to demand a corresponding reduction in the purchase price, as he chooses. Unless otherwise agreed upon below, any further claims of the buyer due to defects shall be excluded. If the liability of KEJANO high performance sportswear GmbH is excluded or limited, this also applies to the personal liability of staff, employees, co-workers and persons assisting in the performance of obligations of KEJANO high performance sportswear GmbH. The above limitation of liability shall not apply where damage is caused by intent or gross negligence. Should KEJANO high performance sportswear GmbH negligently fail to comply to a contract, compensation for goods or persons involved is limited to standard costs of compensation.
The warranty period is twentyfour months, starting with the delivery. This period is a statutory period of limitation, and also applies to claims for compensation relating to damage consequent on the defect, unless claims deriving from prohibited actions are enforced.

§ 10 Privacy Policy

The customer has been informed in detail concerning the type, scope, location, purpose of the collection, processind and usage of data necessary for the execution of orders and registration with the e-mail messaging service by KEJANO high performance sportswear GmbH. The customer approves of this acquisition, processing and utilization of personal data.


§ 11 Applicable law and jurisdiction

(1) Austrian law exclusively applies. Exclusive legal venue for all requirements in connection with the business relation is Graz. KEJANO high performance sportswear GmbH shall be entitled to also take legal action at the general court of the orderer.

(2) The provisions of the United Nations Convention on Contracts for the international Sale of Goods do not apply.