Terms & Conditions

1. SCOPE

These terms and conditions of Swish UG (haftungsbeschränkt) shall apply to all agreements pertaining to goods and/or services the customer enters into, which the company displays in the public area of its online shop.

2. CONCLUSION OF THE AGREEMENT

2.1 The products displayed in this online shop do not represent binding offers of Swish UG, but serve only for the purpose of the submission of a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the online shop. After having placed the selected items and/or services in the virtual shopping basket and after having passed the electronic ordering process, the customer submits a legally binding contractual offer regarding the items and/or services in the shopping basket by clicking on the button finishing the ordering process.

2.3 Swish UG (haftungsbeschränkt) confirms receipt of the order immediately. Swish UG (haftungsbeschränkt) can accept the offer of the customer within five days by

– sending a written order confirmation (letter, fax or e-mail), the date of receipt by the customer is decisive, or  
– delivering the items ordered to the customer, the date of receipt of the items by the customer is decisive, or
– asking the customer for payment.

In case Swish UG (haftungsbeschränkt) does not accept the customer’s offer in due time, the offer shall be deemed rejected. The customer shall no longer be bound by the offer.

2.4 The period for acceptance of the offer commences on the day after the offer was made by the customer. It expires on the end of the fifth day following the the offer.

2.5 Upon submission of the offer using the online order form Swish UG (haftungsbeschränkt) saves the data of the order and sends the order confirmation, including cancellation instructions, to the e-mail address provided by the customer. The customer can access the data of the order by entering the access information in case the customer registered for an account before placing the order.

2.6 Prior to the binding placement of the order via the online order form the customer can correct his entries permanently. In addition, prior to submitting the binding order, all data are displayed for confirmation and can be corrected. Our order process allows you to check and amend any errors before submitting your order.

2.7 The order processing and the contacting are generally effected via e-mail and automatic order processing. The customer has to ensure that the e-mail address submitted for order processing is valid so that e-mails sent by Swish UG (haftungsbeschränkt) can be received under this address. In particular when using spam filters, the customer has to ensure to receive all e-mails by Swish UG (haftungsbeschränkt) or by third parties acting on behalf of Swish UG (haftungsbeschränkt) .

3. RIGHT OF CANCELLATION

3.1 The customer has the right to cancel the contract within fourteen calendar days without giving any reasons, provided the customer entered the contract as a consumer which means for purposes that are predominantly not related to the customers’ trade, business or profession.

3.2 The period of cancellation is fourteen days commending at the day on which the customer or a third party charged by the customer, other than the carrier, has acquired the material possession of the items. In case the agreement pertains to several items, which the customer ordered in one order and which are delivered separately, the period of cancellation shall commence on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last good. In case the agreement pertains to delivery of items in several separate consignments or in parts, the period of cancellation commences on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last separate consignment or part.

3.3 In order to exercise the right of cancellation, the customer has to inform Swish UG (haftungsbeschränkt)  in writing (for example by letter to be sent by mail, fax or e-mail) to

Swish UG (haftungsbeschränkt) 
Simon-Dach-Str. 20
10245 Berlin
Telephone: +49 (0) 176 23889531
E-Mail: contact@kokoro-jeongachoi.com

 

of the wish to cancel the contract. For this purpose, the customer can use the the Cancelation Form but he has no obligation to do so.

3.4 To observe the period of cancellation it is sufficient to send the declaration of cancellation before expiry of the period of cancellation.

3.5 In case the customer cancels the contract, Swish UG (haftungsbeschränkt)  shall be obliged to refund to the customer all payments Swish UG (haftungsbeschränkt)  received from the customer, including delivery costs (not including any costs resulting from the fact that the customer chose a type of delivery other than the standard delivery) without delay and at the latest within fourteen days as of the day on which Swish UG (haftungsbeschränkt) received the customer’s notice of cancellation of the agreement. In order to refund the payments, Swish UG (haftungsbeschränkt) shall use the same means of payment the customer used upon the initial transaction, unless agreed otherwise with the customer. In no case fees will be charged to the customer due to the refund.

3.6 Swish UG (haftungsbeschränkt) may refuse the refund of payments until it has received the items or until the customer provides evidence shipping whichever occurs earlier. The customer shall be obliged to return the items without delay and at the latest within fourteen days from the day the customer cancelled the contract to

Swish UG (haftungsbeschränkt) 
Simon-Dach-Str. 20
10245 Berlin
Telephone: +49 (0) 176 23889531
E-Mail: contact@kj-atelier.com

The period shall be deemed observed if the customer dispatches the items before expiry of the period of fourteen days.

3.7 The customer shall bear the direct costs of returning the items, unless he returns the items in the original packaging with the enclosed postpaid return label by DHL delivery. In this case, Swish UG (haftungsbeschränkt) shall bear the costs. Details on the return with return label are set out here.

3.8 The customer shall only be obliged to pay the costs of any reduction of the value of the item if such reduction results from handling of the items in a manner, which is not necessary in order to inspect the condition, characteristics or functioning of the items.

4. PRICES AND TERMS OF PAYMENT

4.1 The prices include the statutory value added tax. Any additional delivery and shipping costs are listed separately in the respective product description.  

4.2 The customer pays in advance by credit card, immediate transfer or iDeal advance payment or via PayPal.

4.3 Payment shall be due immediately after conclusion of the agreement. Swish UG (haftungsbeschränkt) may withdraw from the contract in case payment is not received within two weeks following the conclusion of the agreement.

5. DELIVERY AND SHIPPING TERMS, AVAILABILITY

5.1 Each product delivered remains Swish UG (haftungsbeschränkt)’s property until Swish UG (haftungsbeschränkt) has received payment in full.

5.2 The delivery is effected regularly by shipment and to the address indicated by the customer. Delivery is effected to countries within the European Union only. During the processing of the transaction, the delivery address indicated by the customer in the order processing is applicable. However, if the customer selected PayPal as payment method, the delivery address registered with PayPal at the time of payment via PayPal is applicable.

5.3 Swish UG (haftungsbeschränkt)  shall effect delivery within the delivery period set out during the ordering process and in the order confirmation. The delivery period is 3-5 days within Germany and 7-10 days to other EU countries if standard delivery is selected.

5.4 In case the forwarding agent returns the items sent to Swish UG (haftungsbeschränkt)  because it was unable to deliver the items to the customer, the customer shall bear the costs for the unsuccessful delivery. This shall not apply in case the customer exercises its right of cancellation by refusing to accept the items, in case the customer is not responsible for the circumstances which led to the unsuccessful delivery or in case he was temporarily prevented from accepting the delivery, unless Swish UG (haftungsbeschränkt)  informed him of the delivery time in advance and in due time.

5.5 In case the items ordered are temporarily not available, Swish UG (haftungsbeschränkt)  shall inform the customer of the expected new delivery period. In case such new delivery period is unreasonable for the customer, the customer is entitled to withdraw from the agreement. In case of permanent unavailability Swish UG (haftungsbeschränkt)  shall be obliged to inform the customer accordingly without delay. In this case both parties are entitled to withdraw from the agreement. Swish UG (haftungsbeschränkt)  shall be obliged in this case to reimburse the payments made without delay.

6. CUSTOMS

6.1 In case the customer orders products from Swish UG (haftungsbeschränkt)  to be delivered outside the EU, these products may be subject to import duties and import taxes, which may be levied immediately upon arrival of goods in the destination country. The customer shall be obliged to bear any additional charges for customs clearance; Swish UG (haftungsbeschränkt)  i does not have any influence on such charges. Customs regulations can differ substantially from one country to another and therefore, the customer should contact his local customs authorities and ask for further information.

6.2 The customer is considered to be the importer when he orders products from Swish UG (haftungsbeschränkt)  and he is obliged to comply with all laws and regulations of the destination country. Cross-border deliveries are subject to opening and inspection by customs authorities.

7. LIABILITY FOR DETECTS

7.1 Statutory liability for defects shall apply.

7.2 In case Swish UG (haftungsbeschränkt)  provided subsequent performance in the form of a replacement delivery, the customer shall be obliged to return the items originally delivered within 14 days to Swish UG (haftungsbeschränkt)  at Swish UG (haftungsbeschränkt) ’s expense. The return of the defective items is subject to the statutory regulations. Swish UG (haftungsbeschränkt) reserves the right to claim damages under the requirements regulated by law.

8. LIMITATION OF LIABILITY

8.1 Swish UG (haftungsbeschränkt)’s liability is limited as follows: Swish UG (haftungsbeschränkt)  shall only be liable for damages if the cause of damage is based on gross negligence or intentional breach of obligations by Swish UG (haftungsbeschränkt)  or by one of Swish UG (haftungsbeschränkt)’s legal representatives or agents.

8.2  In addition, Swish UG (haftungsbeschränkt)  shall be liable for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the purpose of the agreement or for the breach of obligations whose fulfilment enables the proper execution of the agreement in the first place, in particular the delivery of the purchased goods and transfer of the ownership, and on the fulfilment of which the customer regularly relies. In the latter case, however, Swish UG (haftungsbeschränkt)  shall only be liable for damages typical of such contracts and foreseeable upon conclusion of the contract. Swish UG (haftungsbeschränkt)  shall not assume liability for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.

8.3 The aforementioned limitation of liability shall not apply in the case of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product, and for the fraudulent concealment of deficiencies. The liability under the Product Liability Act shall remain unaffected.

9. Applicable law

9.1 All legal relationships of the parties are subject to the laws of Federal Republic of Germany except for the laws about the international purchase of movable goods.

9.2 This choice of law shall apply only insofar as the protection thereby granted is not contradicted by mandatory legal provisions of the laws of the country in which the consumer’s usual place of residence is located.

Cancellation instructions

Right of cancellation

You have the right to cancel the agreement within fourteen days without giving any reasons.

The period of cancellation is fourteen days commending at the day on which you or a third party charged by you, other than the carrier, have/has acquired the material possession of the goods. In case the agreement pertains to several items, which you ordered in one order and which are delivered separately, the period of cancellation shall commence on the day on which you or a third party charged by you, other than the carrier, have/has acquired material possession of the last good.

In case the agreement pertains to delivery of items in several separate consignments or in parts, the period of cancellation commences on the day on which you or a third party charged by you, other than the carrier, have/has acquired material possession of the last separate consignment or part.

In order to exercise your right of cancellation, you have to inform us

Swish UG (haftungsbeschränkt) 
Simon-Dach-Str. 20
10245 Berlin
Telephone: +49 (0) 176 23889531
E-Mail: contact@kj-atelier.com

In writing (for example by letter to be sent by mail, fax or e-mail) of your wish to cancel the contract. For this purpose, you can use the cancellation form, but you have no obligation to use this form.

To observe the period of cancellation it is sufficient that you send the notice of exercise of the right of cancellation before expiry of the period of cancellation.

Consequences of Cancellation

In case you cancel the agreement, we shall be obliged to refund to you all payments we received from you, including delivery costs (not including any costs resulting from the fact that you selected a type of delivery other than the standard delivery) without delay and at the latest within fourteen days as of the day on which we received your notice of cancellation from the agreement. In order to refund the payments, we shall use the same means of payment you used upon the initial transaction, unless agreed otherwise with you. In no case fees will be charged to you due to the refund.

We may refuse to refund the payments until we have received the items or until you provided evidence that you sent the items, whichever occurs earlier. You shall be obliged to send the items back or to hand them over without delay and at the latest within fourteen days as of the day on which you informed us of the cancellation to Swish UG (haftungsbeschränkt) , Simon-Dach-Str. 20, 10245 Berlin, contact@kj-atelier.com. The period shall be deemed observed if you dispatch the items before expiry of the period of fourteen days.

You shall bear the direct costs of returning the items.

You shall only be obliged to pay the costs of any reduced value of the items if such reduced value results from handling of the items in a manner which is not necessary in order to inspect the condition, characteristics or functioning of the items.

Sample Cancellation Form

(In case you would like to cancel the agreement, please fill in the form and send it back.)

Swish UG (haftungsbeschränkt) 
Simon-Dach-Str. 20
10245 Berlin
Telephone: +49 (0) 176 23889531
E-Mail: contact@kj-atelier.com

 

I/we (*) herewith cancel the agreement on the purchase of the following items (*)/ on the provision of the following services (*) concluded with me/us (*)

ordered on (*)/received on (*)

name of consumer(s)

address of consumer(s)

signature of consumer(s) (only if on paper)

date