General terms and conditions of the online store at www.khodai.de

I. Scope

1. We, Khodai GmbH, subsequently also referred to as "we" and "khodai.de", operate an online store at www.khodai.de. The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed via this website.
2. We cannot accept any deviating terms and conditions of the customer. Unless we have expressly given our consent to such validity in writing. Side agreements, reservations, (subsequent) amendments or supplements to this contract must also be in writing in order to be valid.
3. The following General Terms and Conditions apply in principle to consumers and entrepreneurs. Deviating regulations for entrepreneurs and consumers/consumers are additionally stated. The demarcation between consumers/consumers and entrepreneurs is made in the sense of the Austrian Consumer Protection Act.
4. We sell our services or goods exclusively on the basis of the present framework agreement, as well as the respective valid version of the price lists and product descriptions, which form an integral part of these GTC.
5. Should individual provisions of this contract be invalid, this shall not affect the binding nature of the remaining provisions. The invalid provision shall be replaced by the respective statutory provision.

II. Conclusion of contract

1. The basis for the conclusion of the contract is the respective offer made by us.
2. Our offers are subject to change and non-binding.
3. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "Buy now" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent immediately after sending an automated e-mail. The purchase contract between you and khodai.de is only concluded when we accept the offer by sending the ordered goods. In case of prepayment, the shipment will only take place after the full amount has been credited to our account.
4. We would like to point out that the goods presented in the online store, as we mainly offer single items, may no longer be available or available at the time of viewing our site. In this case we are entitled to withdraw from the contract. If we have to make use of this right of withdrawal, we will inform you immediately. If the purchase price has already been paid, we will refund it immediately. Furthermore, it is possible that price changes have not yet been recorded on our website.

III. Scope of Services, Order Processing & Certain Data Uses

1. The scope of the services to be rendered or the goods to be delivered shall be determined by the written service or product description contained in the offer.
2. We are entitled, at our own discretion, to perform the service ourselves or to use third parties for the performance of contractual services, as well as to make partial deliveries in the case of divisible services.
3. You must immediately provide us with all information and documents and inform us of all events that are of importance for the execution of the order, even if these circumstances only become known during the execution of the order. Should your data (e-mail address, address, telephone number, etc.) change, you must inform us of this in good time. If we have not been notified of the relevant changes, legally valid declarations can be made by us at the last address, e-mail address, telephone number, etc. provided to us. Furthermore, the delivery of the goods can be made with discharge of debt at the address last known to us.
4. Without your separate consent, we use the data provided during the online purchase exclusively for the fulfillment and processing of your order, our own marketing purposes and internal company statistics. Own marketing purposes consist of sending newsletters to existing customers. You can object to the use of your e-mail address for this purpose, both initially (before or after completion of your order) and otherwise at any time with effect for the future by notifying us (by e-mail, contact form or by telephone). The legal basis for this processing is our legitimate interest in personalized direct advertising pursuant to Art. 6 para. 1 lit. f DSGVO.

IV. Remuneration

1. All services provided by our company that are not expressly covered by the agreed fee shall be remunerated separately. The standard hourly rate incurred for this is to be taken from the respective offer. In addition, we shall be reimbursed for all cash expenses incurred in the process.

V. Payment

1. Our invoices are due without any deduction from the date of invoice and are to be paid immediately in the course of the order without deduction via credit card payment (Visa / Mastercard / American Express), PayPal, cash payment at pick-up, immediate bank transfer or bank transfer, unless otherwise agreed:
   • Credit card payment:

     For payment with Mastercard you also need the Mastercard Securecode and the mobileTAN (more information: Mastercard SecureCode)

     Visa credit cards require the Verified by Visa Code and the mobileTAN (more information: Verified by Visa)

     Please note that any foreign charges are to be borne by you. Credit notes from goods returns will be charged back to the credit card specified. If you pay by credit card, your order will be processed immediately.

   • Payment via PayPal:

     We offer the possibility to pay via PayPal. When paying with PayPal, your order will be processed immediately. Certain items may, in compliance with the terms and conditions and terms of use of PayPal, not be processed through the payment gateway.

   • Payment by instant bank transfer (Klarna):

     With Sofortüberweisung (SOFORT) you will be redirected to the payment page of Sofort.com after the order process. Please complete the required information and enter your PIN and TAN number (your usual e-banking login information). You will then be redirected to your bank using the provider's software. Sensitive data is transferred via a secure, SSL-encrypted connection. The PIN and TAN data are not stored or archived by us at any time. When paying with Sofortüberweisung your order will be processed immediately.

   • Payment in advance by bank transfer:

     It is also possible to transfer the money directly to our account. Please be sure to enter the order number into the payment reference field, so that we can clearly assign your payment. The total amount must be received in the account within 7 calendar days, otherwise the order will be cancelled. After receipt of payment in full, the goods will be shipped.

2. You undertake to bear all costs and expenses associated with the collection of the claim, such as in particular collection expenses or other costs necessary for appropriate legal prosecution. In the event of late payment, the statutory interest rates applicable between entrepreneurs and 10% per annum for consumers shall be deemed agreed.
3. After an additional period for payment set by us has expired unsuccessfully, we may withdraw from the contract.
4. Entrepreneurs are not entitled to set off their own claims against claims of Khodai GmbH, unless the claim has been acknowledged in writing or determined by court. A right of retention in favor of entrepreneurs is excluded.
5. The delivered goods remain our property until full payment.

VI. Delivery & Shipping

1. The shipment of goods is insured in transit by mail, parcel service or freight forwarding and at the expense of the customer, with the exception of free shipping from the minimum order value to Germany and Austria. If the delivery fails several times, the goods will be returned to us at your expense.
2. The shipment of the goods ordered by you is carried out exclusively by mail, parcel service or freight forwarding. If you wish a special way of shipment (eg express delivery), please contact us via this email address: [email protected].
3. We deliver our goods to Austria, Germany, Belgium, Denmark, France, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and Switzerland.
4. The cost of shipping the goods is not included in the purchase price. For the omission of shipping costs, goods ordered online can also be picked up directly in our store.
5. In the case of delivery, use and risk, if you are a consumer within the meaning of the Consumer Protection Act, shall pass to you as soon as the goods are delivered to you or to a third party designated by you.

VII. Liability

1. Visible transport damage must be reported to us immediately by you for the purpose of settlement with the insurance company. You are required to check all services or deliveries immediately for the purpose of easier traceability and to report any defects such as transport damage.

   Entrepreneurs shall inspect all services or deliveries without delay and notify us in writing of any defects, such as transport damage, as soon as possible, but no later than within 3 days, and give reasons. In the event of a timely and justified notice of defects, the defects shall be remedied within a reasonable period of time, whereby the entrepreneur shall enable us to take all measures necessary for the inspection and remedy of defects. For the time being, you shall only be entitled to the right to improvement or replacement of the performance.

2. We are entitled to refuse the improvement or replacement of the service if this is impossible or if, on the one hand, this is associated with a disproportionately high effort for us and, on the other hand, the defect does not represent a significant restriction for you. In these cases, we are entitled to a corresponding price reduction.
3. The reversal of the burden of proof in accordance with § 924 ABGB (Austrian Civil Code) at our expense is excluded for transactions with entrepreneurs. The existence of the defect at the time of handover, the time of discovery of the defect and the timeliness of the notice of defect must be proven by the customer in transactions with entrepreneurs.
4. Claims for damages by the customer exist only if these would be based on intent or even gross negligence; or vis-à-vis entrepreneurs on intent. This does not apply to personal injury.
5. In the case of second choice goods, as well as old and antique goods, obvious defects and deficiencies, which are specifically pointed out, are not subject to warranty or any other liability.
6. We would also like to point out that the information, photos, illustrations, descriptions, etc. contained on our website, in other websites, in our printed materials or price lists are not binding. We cannot accept any liability for the correctness of this information. Furthermore, please take into account that the illustrations and photos of goods contained on our website may differ from the actual appearance due to different screen, graphic or printer settings of your end devices. We can therefore also not guarantee or assume liability for the fact that the products displayed on your end device are completely identical to the appearance in reality.
7. Furthermore, we would like to point out that data transmission via the Internet may be subject to certain disturbances or interruptions. We can therefore not assume any liability that our online store is constantly or uninterruptedly available.

VIII. Right of withdrawal for consumers

1. You have the right to cancel your contract within 14 calendar days without giving reasons. The period begins after receipt of this instruction in writing, but not before receipt of the goods by you or a third party designated by you. To exercise your right of withdrawal you must us:

   Khodai GmbH
   Sterneckstraße 32
   A-5020 Salzburg
   Tel.: +43 (0) 662 871435
   E-mail: [email protected]

   using a clear statement (eg a letter sent by mail, phone call or e-mail) about your decision to revoke the contract. ou can use the for this attached sample withdrawal form, but it is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the expiry of the cancellation period. The mere return of the goods without a previously submitted notice of revocation does not constitute a valid revocation.

2. Consequences of revocation

   If you revoke this contract, we shall reimburse you all payments we have received from you (less delivery costs and additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we have received the notification of your revocation of this contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged by us for this repayment.

   We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods, including the enclosed certificate of authenticity in the case of carpets and kilims, to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. Except in cases of free return service from the minimum purchase price (order value is € 150, - or higher) in Austria and Germany, you have to bear the regular costs of return. If you wish to use our return service, please contact our customer service by email ([email protected]) or phone (+43 (0) 662 871435). You will receive the return information and your return label by email. We will not cover any costs for arbitrary returns.

   If you are unable to return or surrender the received goods and services or benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You must compensate us for the deterioration of the item and for any use made of it, insofar as the use or deterioration is due to handling of the item that goes beyond the inspection of its properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store.

3. The right of withdrawal is excluded for goods that are made according to customer specifications (custom-made products).

IX. Applicable law

All contracts concluded shall be governed exclusively by Austrian law, excluding the international rules of reference and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

X. Place of Compliance and Jurisdiction

1. The place of jurisdiction is the registered office of our company.
2. The place of jurisdiction for all disputes arising directly between us, the contractor, and the customer, if the latter is an entrepreneur, shall be the competent Austrian court at the contractor's registered office. We shall also have the right to bring an action at the general place of jurisdiction of the Contractor. For all other disputes, the place of jurisdiction provided for by law shall apply.

XI. Contract

We save the text of the contract and send you the order data by e-mail.

XII. Copyright & Trademark Protection

All photos, illustrations, logos and films contained on our website have been produced at great financial expense. These products are our intellectual property. Any use thereof requires our written consent. Misuse may be prosecuted by us. Khodai is a trademark of Khodai GmbH.

XIII. Product warranty

Unless otherwise stated, we, KHODAI GmbH, grant you a 2-year warranty from the conclusion of the contract (date of invoice) on all continuously knotted carpets.

Scope:

The warranty covers all continuously knotted, new carpets. This does not include: all types of woven carpets (kilim), semi-knotted products (e.g. Bakhtiar kilim, Sirjan), as well as antique, semi-antique and vintage carpets. The warranty is valid for the period of two years and covers the wear of the carpet pile and the unraveling of the knotted knots and the resulting hole formation, as well as the unraveling of the carpet fringes. The warranty is granted for the use of the carpets in normal domestic use. Damage caused by improper use or pets is not covered by the warranty. Of course, the legal warranty rights continue to exist unaffected by the warranty.

Claiming:

To make use of the warranty, please contact us by phone at +43 (0) 662 871435 or by e-mail at [email protected]. Our team will then discuss the further procedure with you. In order to make a claim under the warranty, you must have the invoice for the purchase of the product, unless otherwise excluded.

Warranty service:

We will repair the damage to your carpet free of charge or replace the product with an equivalent product in type and size. We reserve the right to choose which of these services we provide.

XIV. Alternative Dispute Resolution

Consumers have the option of submitting complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr. However, we are not obligated to participate in the dispute resolution process.

Complaints can also be addressed directly to us: [email protected]

As of: 19.3.2021