(as of September 15th 2011)
§ 1 Application and Terminology
(1) The business relationship between the Koshka LLC (“us/our/we”) and the Customer (“you”) with respect to www.shopkoshka.com (“Our website”) shall be governed by our terms and conditions in its most recent version.
(2) Opposing or deviating conditions of you shall only apply over our terms and conditions if we have confirmed them in writing (e.g. e-mail, letter). The written form requirement shall also apply to the nullification of the written form requirement itself.
(3) These terms and conditions and the information on our website are provided in an English language version only.
§ 2 Webpage
The representation of products on our website is not a legally binding offer but a non-binding invitation for you to place an order.
§ 3 Ordering process
(1) You may select products and quantities from items presented on our website and you may place and collect items in “your cart” by using the "your cart" button. You may select new or change the quantity of selected items in the “your cart” and you may add, remove or up-date items in “your cart”. Using the button "confirm order" you can enter your address information. Subsequently you may enter a binding contractual offer to purchase the items placed in your cart.
(2) Before finally placing the order form by using the button “check-out””, you have the opportunity by using the button “your cart'” to check that your order details are correct and if necessary to correct them by using the button “edit” on the order confirmation page.
(3) When you place an order to purchase an item from us by using the button “'confirm order”, we will send you an e-mail confirming receipt of your order and containing the details of your order.
(4) Your order represents your offer to purchase an item which is accepted by us when we send an e-mail confirmation to you that we've dispatched the items to you (the "Notice of Shipment "). That acceptance will be complete either at the time we send you a "Notice of Shipment” to you. Any items on the same order which we have not confirmed in the “Notice of Shipment” to have been dispatched do not form part of that contract.
§ 4 Delivery / Shipment / Availability
(1) Unless otherwise agreed, we deliver to the Shipment address that you provided during the order process. We will deliver the items to the United States, European countries and to selected countries worldwide: you will find additional information on our website under the URL http://www.shopkoshka.com/pages/Shipping-%26-Returns.html You will find the estimated delivery time within your “Order Confirmation”.
(2) Once we received your payment, your order will be processed. We will inform you about the estimated time of delivery within the “Notice of Shipment”. The timeliness of delivery shall be determined by the date on which we dispatch the items to the shipment service provide. After expiration of the given delivery time, a grace period of another fourteen (14) days shall automatically begin to run. Only after this period has expired, you may cancel the contract.
(3) In the rare case that ordered products are not deliverable, we will inform you within the “Notice of Shipment” for the ordered items. By giving this information effected through the “Notice of Shipment” we accept your offer solely with regard to items available. We will not enter into a contract with you in respect to items that are not available.
(4) You shall receive an e-mail containing a tracking code from us allowing you to trace the shipment on its way to you.
(5) We shall have the right to reasonable delivery in installments. If you ordered several items, it can happen that we ship them in several shipments. We inform you in such case before we dispatch the items. In case we separate the delivery into installments, we will not charge additional shipping costs.
(6) In the case of a cancellation subject to § 8, you have to pay the costs of the return if the delivered items are as ordered and if the price of the items to be returned does not exceed 40 euro or, if the price of the items is higher, if you have not yet paid for the items or made a contractually agreed partial payment by the time of the cancellation.
§ 5 Prices and Costs for Shipment
(1) Unless otherwise stated, all prices shown are given in DOLLAR.
(2) If you are from outside the US all stated prices are net prices. If, according to the statutory regulations, the items are subject to sales taxes in the destination of shipment, such taxes shall be paid by you in addition upon receipt of the items. Furthermore, any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from our website, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the items.
(4) Additional shipping costs may apply depending on the value of the order and the shipping destination. You will find the shipping costs and other cost that may be charged on the order confirmation page.
(5) Purchase price, along with shipping and any additional costs are immediately payable, without deduction.
§ 6 Payment and Default
(1) Payments will be carried out according to your choice during the order process of the given payment methods. We reserve the right to limit the method of payment depending on order value, shipment region or other objective criteria. We accept payments with credit card or Paypal.
(2) In case of the method of payment chosen by you not being practicable, where we met our contractual obligations, in particular, if a direct debit from your account fails due to a lack of funds or provision of wrong information, you shall reimburse any additional costs incurred by us.
§ 7 Conditional Sale
Up to the full payment the ordered items remain our property.
§ 8 Notice and information about consumers' right to cancellation
Notice of the right to cancel
You are entitled to cancel your order in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons or – if the goods have been delivered to you before the end of that period – by returning the goods. The period begins following receipt of this notice in writing, however not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first part delivery) and also not before performance of our duties to inform. The cancellation period shall be deemed to be observed if the cancellation or the goods are sent in good time. The notice of cancellation shall be sent to:
In the case of the notice of cancellation in written form sent to :
932 Wilson St
Los Angeles, CA 90021
In the case of the notice of cancellation sent by or by e-mail to: email@example.com
In the case of a notice of cancellation by returning the goods, the goods shall be returned to:
932 Wilson St
Los Angeles, CA 90021
Consequences of cancellation
In case of an effective cancellation, the any goods or payments received by either party are to be returned and any benefits that may have been obtained (e.g. interest) are to be repaid. If you are partly or wholly unable to return the goods to us or only in a deteriorated condition, you must compensate us accordingly. This does not apply to the delivered goods if the deterioration in their condition is solely due to your checking them – as you would be able to in a shop. Otherwise, you can avoid the obligation to pay compensation for any deterioration resulting from proper intended use of the goods by not using them as if they were your property and by avoiding any activity which could adversely affect their value. Goods which can be sent as a parcel are to be returned at our risk. You have to pay the costs of the return if the delivered goods are as ordered and if the price of the goods to be returned does not exceed $40 or, if the price of the goods is higher, if you have not yet paid for the goods or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return is free of charge for you. Goods which cannot be sent as a parcel will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. For you the period begins when you send your notice of cancellation or the goods, for us it begins on receipt.
End of the notice of the right to cancel
§ 8 General
(1) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
Koshka LLC, September 15th, 2011