General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: Any means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.
General Terms and Conditions: These present Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During this period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These Terms and Conditions apply to every offer made by Kaora Wear and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated that the Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the agreement is concluded electronically, the Terms and Conditions may be provided electronically in such a way that the consumer can store them easily on a durable medium.
If this is not reasonably possible, it will be indicated where the Terms and Conditions can be accessed electronically and that they will be sent free of charge upon request.
If additional product or service conditions apply alongside these Terms, the consumer may always rely on the provision most favorable to them in the event of conflicting terms.
If one or more provisions of these Terms and Conditions are wholly or partially invalid or annulled, the remaining provisions shall remain in force and the invalid provision shall be replaced by a provision that approximates the original intent as closely as possible.
Situations not covered by these Terms shall be assessed in accordance with the spirit of these Terms.
Ambiguities shall be interpreted in accordance with the spirit of these Terms.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be explicitly stated. The offer is non-binding. Kaora Wear is entitled to modify and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. Descriptions are sufficiently detailed to allow proper evaluation by the consumer.
Images used are a true representation of the products. Obvious errors or mistakes do not bind Kaora Wear.
All images and specifications are indicative and cannot give rise to compensation or termination.
Kaora Wear cannot guarantee that displayed colors exactly match the real colors.
Each offer contains clear information regarding rights and obligations, including:
- Shipping costs
- How the agreement is concluded
- Whether the right of withdrawal applies
- Payment, delivery, and execution
- Validity period of the offer
- Communication costs if applicable
- Whether the agreement is archived
- How the consumer can verify and correct provided data
- Available languages
- Codes of conduct
- Minimum duration of agreements
- Optional: sizes, colors, materials
Article 5 – The Agreement
The agreement is concluded upon acceptance by the consumer and fulfillment of the conditions.
If accepted electronically, Kaora Wear will confirm receipt electronically. Until confirmation, the consumer may dissolve the agreement.
Kaora Wear ensures secure data transmission and payment.
Kaora Wear may assess whether the consumer can meet payment obligations and may refuse or condition orders if justified.
Kaora Wear will provide the consumer with:
- Business contact details
- Information on withdrawal rights
- Warranty and service information
- Relevant contract details
- Termination requirements for long-term contracts
All agreements are subject to product availability.
Article 6 – Right of Withdrawal (Detailed)
Consumers may withdraw within 30 days after receiving the product.
Products must be handled carefully and only used to assess suitability.
Returns must be made in original condition where possible.
The consumer must notify Kaora Wear within 30 days and return the product within 30 days after notification.
Proof of return must be provided.
Failure to comply results in completion of purchase.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Refunds will be issued within 30 days, provided the product has been returned or proof of return is supplied.
Article 8 – Exclusion of Withdrawal
Withdrawal may be excluded for:
- Custom-made products
- Personalized items
- Products that cannot be returned
- Perishable goods
- Price-fluctuating goods
- Opened media/software
- Hygiene products with broken seals
Article 9 – Pricing
Prices remain unchanged during validity unless affected by VAT changes.
Variable pricing may apply for market-dependent goods.
Price increases within 3 months only if legally required.
After 3 months only if agreed and legally justified.
Printing errors do not bind Kaora Wear.
Article 10 – Conformity and Warranty
Products comply with the agreement and legal standards.
Manufacturer warranties do not affect legal rights.
Defects must be reported within 30 days.
Warranty does not apply if:
- Products are altered or repaired
- Improper use occurs
- Damage results from regulations
Article 11 – Delivery and Execution
Kaora Wear will handle orders with care.
Orders are executed within 30 days unless agreed otherwise.
Delays entitle the consumer to cancel and receive a refund.
Replacement products may be provided.
Risk transfers upon delivery.
Article 12 – Duration Transactions
Consumers may terminate ongoing agreements with a notice period of one month.
Renewals are regulated and cannot be automatic without consent.
Trial subscriptions end automatically.
Contracts over one year may be terminated after one year.
Article 13 – Payment
Payments must be made within seven working days unless otherwise agreed.
Errors in payment details must be reported immediately.
Kaora Wear may charge reasonable costs in case of non-payment.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days after discovery.
Responses are provided within 14 days.
If unresolved, disputes may arise.
Complaints do not suspend obligations unless stated.
Valid complaints result in repair or replacement.
Article 15 – Disputes
All agreements are governed by Dutch law.
This applies even if the consumer resides abroad.