TERMS & CONDITIONS
GENERAL
These Terms and Conditions (“Terms and Conditions”) govern the sale and delivery of products KARIOKAS offers on its website http://www.kariokas.com (hereinafter referred to as the “Website”), between KARIOKAS and the buyer whose identity has been indicated in the order (hereinafter referred to as the “buyer”).
Any order for a product offered for sale constitutes full acceptance of the Terms & Conditions in force at the time of placing the order. KARIOKAS suggests the buyer reads them carefully before ordering a product on the Website
SUPPLY OF PRODUCTS VIA THE WEBSITE
The Website is normally set up for the sale of products to final consumers. KARIOKAS reserves the discretionary right to refuse or cancel any orders, including orders that appear to be fraudulent.
By using or ordering through this website, the buyer consents:
- Having read and accepted our terms and conditions.
- Having all necessary legal rights to purchase online.
PRODUCTS, CONTENT, AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on KARIOKAS’ Web Site are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. KARIOKAS makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color the Buyer will see depend on his/her computer system and KARIOKAS cannot guarantee that the buyers’ computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.
While KARIOKAS tries to be as accurate as possible in the product descriptions, because many of the products offered on the website are handmade (one-of-a-kind), KARIOKAS does not guarantee that the product picture on the Website will be an exact match with the item the Buyer receives.
PURCHASE OF PRODUCTS AND ORDER PROCESS
By placing the order, the buyer must confirm that the said order is correct and accept these Terms and Conditions. It is the buyer's responsibility to ensure that the order is correct before its submission to KARIOKAS.
All products are sold subject to availability.
MADE ON ORDER PRODUCTS
Made on orders item take time to create, and are typically completed within 2-3 weeks of the order placement. Once the Buyer’s order is placed KARIOKAS does not allow alterations to sizing, material or images, nor does it permit refunds to be given in the event that these terms and conditions were overlooked.
The delays indicated on the product description are indicative and not contractual. In the event a component needed for the production of the made on order product shall not be available at the time of order, resulting in a longer period of delivery, KARIOKAS will inform the Buyer of the new estimated time of delivery. The Buyer will then be able to cancel the order and be reimbursed if he/she chooses so.
ORDER
Upon acceptance of payment, KARIOKAS will send thebuyer an e-mail confirmation of the order summarizing all the information about the order ordered products, prices, shipping costs ...)
The buyer and KARIOKAS are bound by an online sale’s contract upon confirmation of acceptance of the Buyer's order by email.
PRICE & PAYMENT CONDITIONS
KARIOKAS strives to ensure that all information, descriptions and prices displayed on the Website are accurate, except in case of obvious errors. If KARIOKAS discovers an error in the price of the products the buyer ordered, KARIOKAS will inform the buyer as soon as possible, and let him/her choose either to reconfirm the order at the correct price or to cancel it. If unable to contact the buyer, KARIOKAS will consider the order as cancelled. For orders of article in stock, if the buyer cancels the order while he/she has already paid for the products, he/she will be fully refunded. For made on orders items, the buyer must immediately contact KARIOKAS if he she decides to cancel the order. If the item is already being processed at the time the buyer decides to cancel his/her order, he/she will not be refunded.
The price of the products ordered by the buyer is the one provided on the Website and in the order confirmation. Prices indicated in the Website are only valid for sales made on the Website. It is possible that, despite KARIOKAS efforts, typographical or printing errors may be discovered in the prices of the products. All products prices are indicated in CHF, taxes excluded, being specified that all relevant import taxes and duties maybe billed to the buyer by the shipper upon or post receiving the order.
Payment can be made by credit cards. The payment of the entire price must be made at the time the products are ordered and in all cases prior to the shipping order. In no event the paid amounts are to be considered as deposits. KARIOKAS reserves the right to delay delivery until KARIOKAS has received full payment for the ordered products.
All credit card holders are subject to validation checks and authorization by the issuer of the credit card. Personal data of the holder of the credit card are required for these checks and can be exchanged with third parties. If the issuer of the credit card does not authorize the payment of the buyer's order, the delay or non-delivery of the order will not be incurred by KARIOKAS.
DELIVERY
Delivery fees and options appear before placing the order
Your shipment will be delivered by SWISS POST and according to their shipping terms and conditions.
TRANSFER OF OWNERSHIP AND RISK
The transfer of risk to the Buyer takes place on delivery of the products by KARIOKAS to the carrier. The products are traveling at the buyer’s own risk. The same is true in cases of sending or returning products sent carriage free.
RETURNS & CANCELATIONS
Made on order products are not subject to returns. Due to the personalized nature of KARIOKAS’ made on orders goods KARIOKAS will not offer a refund if the product is not to the Buyer’s liking or if he/she has changed his/her mind.
If the Buyer receives a custom/made to order item from KARIOKAS that is defective or incorrect the Buyer may contact KARIOKAS. KARIOKAS will gladly either refund or replace the item if time permits. The Buyer must notify KARIOKAS within 3 Business days after delivery with all supporting documents illustrating and proving the error/ damages and/or losses occurred. After this period and failing to comply with these formalities, the products will be deemed compliant and free of any defect and no claim will be accepted by KARIOKAS.
On the exception of made on orders items, the buyer has a right of withdrawal he may exercise within Seven (7) days as from the date of delivery of any not suitable product. To this end, the buyer should ask KARIOKAS a return form by email at contact@kariokas.com. Upon receipt of the email notifying the return, the buyer must print a copy and attach to goods which must be returned to the address indicated.
KARIOKAS will exchange the product or refund the buyer the price charged, according to the wish expressed by the buyer, if the withdrawal was made within the period specified above, and provided that the returned product was not worn, used or damaged, is in the condition it was when delivered and is accompanied by a copy of KARIOKAS email notifying the return. Costs of returning the product(s) are the responsibility of the buyer.
In case of an error on the product ordered, the buyer must contact KARiOKAS via email immediately upon receipt. The buyer must keep the packaging and the delivery slip. The customer undertakes to return the said product or products concerned within a period of seven (7) days following their receipt to KARIOKAS. Under the condition that they are returned in their original condition and original packaging with the accompanying materials, KARIOKAS will refund the shipping fees. On receipt of the product in good and due form, KARIOKAS will return, at its expense, the product originally ordered.
If the buyer has expressed the wish to be reimbursed, KARIOKAS will refund the amount invoiced within thirty (30) days from the date of receipt of the product by Kariokas Refunds will be made to the corresponding payment card used to place the order.
For reasons of hygiene and safety, we are unable to refund or exchange the following products unless they are faulty: Pillows, Bed Linen, Baby Sleeping Bags
LIABILITY
In any event, and to the extent permitted by law, and/or KARIOKAS, nor any of its distribution network, nor any other party involved in the creation or operation of this Website may be held responsible, with respect to the buyer or any third party, for any indirect damage, including loss of profits, business, data, etc.., whatever the cause (for example, access to or use of this Website or linked sites, or inability to access or use this Website or linked sites - for example due to a power failure or technical problems causing a suspension or interruption of Service - modification, or unauthorized access to personal information, or accidental transmission of this information due to a virus).
KARIOKAS shall be entitled at any time to modify, update, delete, remove, or suspend, temporarily or indefinitely, the whole or any part of this Website or any content posted on it without notice and without incurring any liability.
KARIOKAS makes every effort to ensure that the information is always accurate and complete, however KARIOKAS is not liable in respect of the buyer or any third party, in any way whatsoever, for inaccuracy of information on this Website or lack of information.
KARIOKAS responsibility for repairable damage it may cause to the buyer during a sale described herein is limited solely to the repair of foreseeable, direct and material damage actually suffered by the buyer.
LINKS
KARIOKAS is not responsible or liable for the content or operation of any third party website linking to its web site and for any related damage linked or inferred by their use.
ELECTRONIC COMMUNICATIONS
By using this Website, the buyer agrees expressly and unreservedly that the communication performed with KARIOKAS be mainly electronic. KARIOKAS will contact the buyer by email or provide information by posting notices on the Website. In making an order on the Website, the buyer agrees expressly and unreservedly to communicate electronically with KARIOKAS.
INTELLECTUAL PROPERTY
The user of this website agrees that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by KARIOKAS and shall remain at all times vested in KARIOKAS.
OWNERSHIP
The Website is an official website of KARIOKAS and the copyright and the database rights are owned by KARIOKAS. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the KARIOKAS trademark, logos and trade names depicted on the Website belong to KARIOKAS.
MODIFICATIONS TO THESE TERMS & CONDITIONS
KARIOKAS reserves the right to change these Terms & Conditions at any time and without any prior notice. Any changes or updates of these Terms & Conditions are valid upon online publication. These changes and updates are binding on the buyer who must thus refer to this heading in order to check the current Terms and conditions applicable.
The applicable and valid Terms & Conditions are those in force on the date the order is placed by the buyer.
LIMITATION OF LIABILITY
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
MISCELLANEOUS
Severability. If any provisions or part of the provisions of these Terms and Conditions shall be deemed unlawful, void or unenforceable, the remaining provisions remain unchanged and in full force.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with Swiss law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. In case of dispute relating to these Terms and Conditions, the ordinary courts of the Canton of Geneva shall have exclusive jurisdiction.
Geneva, January 30, 2017