General Terms and Conditions (AGB)

of KUNe GmbH – as of 10/14/2024

I. Scope of application

KUNe GmbH (hereinafter referred to as KUNe) concludes contracts exclusively on the basis of these GTC. These General Terms and Conditions shall also apply to order extensions and follow-up orders as well as to the entire business relationship with the contractual partner, without the need for a new agreement in each individual case. Any general terms and conditions of our customers are expressly not recognized.

II Contract offer and conclusion

1. KUNe operates an online store under the website www.kune-online.com. In addition, we sell our products via various third-party sales platforms (Amazon, Shöpping, etc.). Regardless of how the ordering process is structured in individual cases, the customer submits a binding offer to KUNe to conclude a purchase contract for the goods with the specifications selected by the customer at the purchase price stated in each case by placing an order (= usually by clicking the corresponding button in the online store or the sales platform).

2. The automated confirmation of receipt of the order by e-mail does not constitute acceptance of the offer. Rather, acceptance only takes place when an order confirmation is sent, i.e. only then does the purchase contract between the CUSTOMER and the customer come into effect.

3. All offers from KUNe, whether in its own online store or on third-party sales platforms, are always subject to change and only valid while stocks last. This also applies to offers with the note “immediately available”.

III Delivery and delivery time

1. The customer shall be bound by the order for 14 days. Whether and, if so, when KUNe accepts the contract offer within this period shall be at the sole discretion of KUNe. If the contractual offer is accepted by sending an order confirmation, the maximum delivery time is four weeks. When ordering a custom-made product in the online configurator, the maximum delivery time is extended to seven weeks. In the case of other custom-made products, the customer shall be informed of the respective delivery time in advance.

2. If the respective delivery deadline is exceeded, the customer shall be entitled to withdraw from the contract by setting a grace period of at least one week, whereby the grace period shall commence on the day on which the declaration of withdrawal is received by the CUSTOMER. Withdrawal from the contract requires a registered letter for contracts with entrepreneurs and the written form for contracts with consumers.

3. Cases of force majeure, strikes, lockouts, operational disruptions, delays in delivery by our suppliers, delays in dealing with the authorities, transport blockages or obstructions, mobilization, war, riots and similar events shall entitle the CUSTOMER to withdraw from the contract in whole or in part or to adjust our delivery deadlines without the customer being entitled to any claims as a result.

4. If it has been agreed that the goods are to be called off by the customer within a certain period of time, we shall be entitled to withdraw from the contract in whole or in part or to demand payment for the deliveries not yet made if the goods are not called off on time, setting a grace period of three working days. In any case, we shall also be entitled to charge reasonable storage fees for the duration of the delay.

IV. Contractual content and form of delivery

1. Details of dimensions, weights, figures etc. are to be regarded as approximate only and are not binding. We reserve the right to make changes. The customer acknowledges in particular that the product colors and their surface structures shown on the screen (depending on white balance, exposure, image compression, monitor calibration, etc.) may deviate from the actual product. The color numbers and surface descriptions given in the text (including their permissible tolerances) are therefore deemed to be agreed. Deviations do not entitle the customer to withdraw from the contract and do not entail any warranty obligation. We also reserve the right to typesetting and printing errors, deviations due to production-related tolerances and deviations due to supplier changes, model and product maintenance or changes in the production process or production methods.

2. The place of fulfillment for our performance as well as for all counter-performance is the registered office of KUNe GmbH, Am Pregarten 23, 4240 Freistadt.

3. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery to the carrier or the company otherwise responsible for shipment. The statutory provisions (in particular § 7b KSchG) apply to contracts with consumers.

V. Prices and terms of payment

1. The purchase price is the price stated in the online store or on the sales platform at the time of the order. This includes the applicable statutory VAT and, where applicable, the estimated shipping costs. All prices are quoted in euros. Prices stated in the partner portal for business customers are exclusive of the applicable statutory VAT.

2. If the price for the goods in question generally changes after the order has been placed, KUNe shall be entitled to invoice the customer for the increased price. In this case, the customer may withdraw from the contract immediately after notification of the price increase by post or e-mail. Increases in additional costs affecting KUNe such as freight rates, insurance premiums, customs duties etc. shall entitle us to corresponding price increases without the customer being entitled to withdraw from the contract.

3. KUNe offers the customer various options for paying the purchase price. If payment is not made at the same time as the order (such as by direct bank transfer or payment by credit card, PayPal, Klarna, etc.), but the Customer chooses the “purchase on account” option, the purchase price including shipping costs must be transferred to KUNe within 14 days of receipt of the invoice at the latest, whereby the Customer must bear all transaction costs and other monetary transaction charges and the payment must be received in KUNe’s account within this period. The invoice shall be sent exclusively to the e-mail address provided by the Customer when placing the order and shall be deemed to have been received upon dispatch. The customer must therefore check his spam folder regularly.

4. In the event of late payment, interest on arrears of 8% p.a. shall apply to consumers and interest on arrears pursuant to Section 456 of the Austrian Commercial Code (UGB) shall apply to entrepreneurs. In addition, CUSTOMER shall be entitled to charge reminder fees in the amount of € 60.00 and, at its own discretion, either to demand fulfillment and compensation for damages due to the delay or to withdraw from the contract and demand compensation for damages due to non-fulfillment. If payment is made in several installments, the deadline is lost, i.e. all outstanding amounts are due for payment immediately.

VI Shipping / Returns

1. The choice of shipping method and carrier shall be at KUNe’s discretion, whereby KUNe shall indicate the amount of the expected shipping costs in advance of the order in the online store or on the sales platform. However, the customer acknowledges that the final amount of the shipping costs depends on the shipping location and can therefore only be communicated to the customer in the order confirmation. The shipping costs may therefore be higher than stated in the order.

2. The customer must ensure that delivery can be made to the specified delivery address, i.e. the address must be findable and accessible by (small) truck. Delivery shall be made to the kerbside, whereby the transport companies commissioned by KUNe to make the delivery shall not coordinate the delivery by telephone. Acceptance of the parcel must be ensured between 7.30 a.m. and 5 p.m. on weekdays. If no person authorized to receive the parcel is present at the delivery address during this time, the customer shall grant KUNe permission to leave the parcel at a suitable location in the vicinity of the delivery address. Neither KUNe nor the company commissioned with the delivery shall be liable in this case for non-receipt of or damage to the consignment.

3. Transport damage and incompleteness can only be claimed within eight days of arrival of the consignment at its destination. Returns must be made to the following address: ATZ-Logistik, z.H. KUNe GmbH, Kögelstraße 19, 4020 Linz, Austria. Returned goods will only be accepted if they are sent back to KUNe carriage paid. Custom-made products are generally not taken back. The same applies to “B goods” expressly designated as such.

VII Retention of title

1. Goods delivered or handed over shall remain the property of KUNe until full payment has been made. In the event of default of payment, we shall be entitled, without prejudice to our right of rescission, to repossess the subject matter of the contract and to refuse to hand it over to the customer until we have been fully satisfied, without this constituting any prohibited personal action. The customer, whether end customer, intermediary or entrepreneur, also agrees that in the event of withdrawal from the purchase contract due to default of payment, we immediately acquire full power of disposal over the items delivered by us, regardless of where they are located, i.e. that the items delivered by us can also be taken directly from the customer or otherwise from his power of disposal.

2. Sale, pledging or transfer by way of security of the delivered goods is not permitted without prior written consent as long as the retention of title exists. In the event of intervention by creditors of the customer, in particular in the event of seizure of the subject matter of the contract, the customer must notify us immediately by registered letter and bear the costs of measures to remedy the intervention, in particular intervention proceedings, if they cannot be collected from the other party.

VIII. Warranty

1. Warranty towards entrepreneurs

1.1 The warranty period vis-à-vis entrepreneurs is six months. There is no subsequent limitation period.

1.2 KUNe shall fulfill the warranty obligation at its own discretion by improvement, replacement or price reduction. The right to cancel the contract is excluded. The right to replacement does not include the costs of removing the defective item and installing the defect-free item. These costs are to be borne by the customer in any case.

1.3 The burden of proof for the existence of a defect at the time of handover lies with the customer, § 924 ABGB is excluded.

1.4 The goods must be inspected immediately after delivery. Any defects discovered shall be notified to us in writing without delay, but at the latest within eight days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. At the same time, samples of the defective goods and supporting documents must be sent at our request. Once the defect has been discovered by the Buyer, any further disposal of the goods without our express consent is prohibited. If a notice of defect is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages due to the defect itself as well as the right to contest errors due to defects are excluded in these cases.

2. warranty towards consumers

2.1 In the case of transactions with consumers, the statutory provisions shall apply with regard to the warranty. The customer shall not be entitled to demand reimbursement of costs from KUNe for rectifying defects himself.

2.2 In order to avoid misunderstandings, we hereby expressly point out the correct handling and care of the goods supplied by us. KUNe shall not be liable for natural wear and tear and normal wear and tear and damage caused to the goods as a result of incorrect or negligent handling, inadequate maintenance, excessive use, unsuitable operating and installation conditions, chemical, electrochemical or electrical influences.

2.3 If and insofar as a manufacturer’s warranty is granted for the products sold by us, the scope of this warranty shall be determined by the warranty conditions, which we shall inform the customer about on a durable medium. Such a manufacturer’s warranty does not affect our statutory warranty obligation. The statutory warranty rights of our customers are therefore not restricted by such a guarantee.

IX. Compensation for damages

1. KUNe shall only be liable for damage caused by gross negligence or willful misconduct, unless personal injury is involved. This shall also apply to claims for compensation due to delayed delivery. The existence of gross negligence must be proven by the injured party, unless it is a consumer within the meaning of the Consumer Protection Act.

2. Liability for consequential damages, loss of profit and third-party claims against entrepreneurs is excluded. The same applies to the reversal of the burden of proof in accordance with § 1298 ABGB.

3. Claims for damages against entrepreneurs shall lapse within six months of knowledge of the damage and the damaging party, but no later than three years. The statutory provisions apply to consumers.

4. The customer undertakes to strictly observe the operating instructions provided to him during installation. In the event of a breach of this obligation, claims for damages and warranty claims by the customer are excluded in any case. The customer also acknowledges that we shall not be liable under the Product Liability Act if the operating instructions and safety instructions are disregarded or violated.

5. Any (telephone) advice given by KUNe employees prior to the order shall always be non-binding. Any liability derived from this shall be excluded to the extent permitted by law.

6. Protective effects from our contract with the customer in favor of third parties are excluded.

X. Right of withdrawal for consumers

1. If the customer is a consumer, he may withdraw from an order or a contract concluded with KUNe. This does not apply to custom-made products and in the case of direct collection by the customer of “B-goods” expressly designated as such from us.

2. The statutory withdrawal period is 14 days. However, we grant our customers a withdrawal period of 30 days. This begins on the day on which the customer or a third party named by the customer and not acting as a carrier acquires possession of the goods; if the customer has ordered several goods as part of a single order which are delivered separately, on the day on which the customer or a third party named by the customer and not acting as a carrier acquires possession of the last goods delivered; and in the case of delivery of goods in several partial shipments, on the day on which the customer or a third party named by the customer and not acting as a carrier acquires possession of the last partial shipment.

3. The declaration of withdrawal is not bound to any particular form. The customer may use the sample withdrawal form in the appendix to these GTC, but this is not mandatory. The withdrawal deadline shall be deemed to have been met if the declaration of withdrawal is sent within the deadline.

4. If the customer withdraws from the contract, we shall reimburse all payments received, including delivery costs – with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by us – immediately and at the latest within 14 days from the day on which we receive notification of the withdrawal. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this repayment.

5. In the event of withdrawal from the contract, the customer must return the goods received to us immediately, but at the latest within 14 days of submitting the declaration of withdrawal. The return period shall be deemed to have been observed if the goods are dispatched within this period. The direct costs of returning the goods shall be borne by the customer. The customer only has to pay us compensation for a reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, properties and functionality of the goods.

XI. Further processing

KUNe expressly reserves all copyright, trademark and other (intellectual property) rights to the delivered goods. Further processing and/or modification of the products is only permitted with express written consent. Any infringement will be reported and prosecuted under civil and criminal law.

XII Final provisions

1. To measure customer satisfaction and document product quality in terms of quality management, product safety and the Construction Products Regulation, our customers nAfter the purchase, the customer is invited by an independent rating platform to rate the service and product. The invitation is sent by email (one invitation email and usually one reminder email per purchase). It is agreed that we may transmit contact details and order information to the product review platform for this purpose. Also k We can ask our customers about service and product quality directly by e-mail or telephone.

2. The contract with KUNe shall be governed by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contractual language is German.

3. The competent court at the registered office of our company in 4240 Freistadt, Austria, shall have jurisdiction over all disputes arising from the contract with the CUSTOMER. Section 14 KSchG applies to consumers.

4. Consumers also have the option of contacting the EU’s online dispute resolution platform: http://ec.europa.eu/odr. They can also submit their complaint directly to us at the following email address: service@kune-online.com. However, we would like to point out in advance that participation in dispute resolution proceedings is voluntary and that KUNe does not generally submit to them.

5. The customer is not entitled to offset our claims of any kind whatsoever against his own claims of any kind whatsoever. Insofar as a consumer transaction is concerned, this shall not apply if and insofar as the customer’s counterclaims are legally related to the consumer’s liability, have been established by a court of law or have been recognized by us.

6. Should individual provisions of these General Terms and Conditions be invalid or ineffective, they shall be replaced by such valid and enforceable provisions that come closest to the economic purpose of the clauses to be replaced; the remaining provisions shall in any case remain unaffected.