AGB
Last updated: [DATE]
Article 1 — Definitions
In these terms:
- "We", "us", "our", "KabiKais" — [Company legal name], registered in [Country] under [KVK / VAT number].
- "You", "the Customer", "the Consumer" — the natural person who, not acting in a professional capacity, enters into a distance agreement with us.
- "Cooling-off period" — the 14-day period during which a Consumer may exercise their statutory right of withdrawal.
- "Right of withdrawal" — the Consumer's right to cancel a distance contract within the cooling-off period.
- "Distance contract" — an agreement entered into exclusively through one or more means of distance communication.
Article 2 — Identity
KabiKais — [Company legal name]
[Address]
[Country]
KVK / VAT: [Number]
Email: [CONTACT EMAIL]
Article 3 — Applicability
These terms apply to every offer made by KabiKais and to every distance contract concluded between us and the Customer. Before a distance contract is concluded, the text of these terms is made available electronically. Where any provision of these terms is invalid, the remaining provisions remain in full force, and the invalid provision will be replaced by one that is valid and most closely matches the original intent.
Article 4 — The offer
If an offer has a limited validity or is made subject to conditions, this is explicitly stated. The offer contains a complete and accurate description of the products. Descriptions are sufficiently detailed to allow the Customer to make an informed assessment. Images shown are an honest representation, but minor variations in colour or detail may occur and do not constitute grounds for compensation. Obvious mistakes or errors in the offer are not binding on KabiKais.
Article 5 — The contract
The contract is formed at the moment the Customer accepts the offer and meets the corresponding conditions. KabiKais will confirm receipt of the order electronically. As long as receipt has not been confirmed, the Customer may dissolve the contract.
KabiKais reserves the right to refuse an order or to attach conditions to delivery, within the limits of the law. Reasons may include suspected fraud, prior failed payments, or stock unavailability.
Article 6 — Right of withdrawal
The Customer may dissolve the contract within 14 days of receiving the product, without giving reasons. During this period, the Customer may inspect the product as they would in a shop, but only to the extent necessary to assess its nature and characteristics.
For hygiene reasons, sealed fragrance products that have been unsealed cannot be returned (sealed-goods exception under EU consumer law).
To exercise the right of withdrawal, notify us within 14 days at [CONTACT EMAIL] and return the product within a further 14 days. See our Refund Policy for the practical procedure.
Article 7 — Costs of withdrawal
If the Customer exercises the right of withdrawal, the cost of returning the product is borne by the Customer unless the return results from our error. Refunds are processed within 14 days of our receipt of the returned product or proof of dispatch.
Article 8 — Exclusion of the right of withdrawal
The right of withdrawal does not apply to:
- Sealed products that, for reasons of health protection or hygiene, are not suitable for return once the seal has been broken
- Products made to the Customer's specification or clearly personalised
- Products that, by their nature, can no longer be returned or that deteriorate or expire quickly
- Sealed audio, video, or software products that have been unsealed after delivery
Article 9 — The price
Prices stated in the offer are not subject to change during the validity period stated in the offer, except for changes resulting from changes in VAT rates. All prices include VAT. Errors in pricing do not bind us, and we reserve the right to correct them before order confirmation.
Article 10 — Conformity and warranty
KabiKais guarantees that products comply with the contract, the specifications stated in the offer, and reasonable requirements of soundness and usability. Defects must be reported within a reasonable period after discovery, in writing, at [CONTACT EMAIL]. Statutory rights under EU consumer law remain unaffected.
The warranty does not apply to defects caused by misuse, modifications, or repairs carried out by the Customer or third parties.
Article 11 — Delivery and execution
KabiKais will exercise the greatest possible care in receiving and executing orders. Delivery takes place at the address provided by the Customer. Unless agreed otherwise, orders are delivered within a maximum of 30 days. If delivery is delayed or not possible, the Customer will be notified. The Customer may then dissolve the contract free of charge and is entitled to a refund. The risk of damage to or loss of products rests with KabiKais until the Customer takes delivery.
Article 12 — Payment
Payment is due before dispatch unless otherwise agreed. KabiKais offers payment methods displayed at checkout. The Customer is required to report any inaccuracies in payment details promptly. In the event of non-payment, KabiKais may charge reasonable costs incurred for collection, subject to legal limits.
Article 13 — Complaints
Complaints about the performance of the contract should be submitted to KabiKais within a reasonable time after discovering the defect, fully and clearly described, by email to [CONTACT EMAIL]. We will respond within 14 days of receipt. If a complaint requires longer to handle, we will respond within 14 days with an acknowledgment and an indication of when a substantive answer can be expected. Justified complaints will result in a free repair, replacement, or refund as appropriate.
Article 14 — Disputes
Contracts between KabiKais and the Customer are governed exclusively by [Country] law, also if the Customer is resident abroad.
Article 15 — Online dispute resolution
Consumers in the EU can also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.
