Conditions

1. Scope

The KND GmbH based in Zurich (hereinafter KND) is an online trade in clothing, toys, accessories and furnishings, in particular goods from sustainable production. These general terms and conditions apply to all orders placed on the website www.kndkids.ch in the version current at the time of the order.

2. Order and conclusion of contract
The products, services and prices published at www.kndkids.ch are considered an offer (offer). However, this offer (offer) is always subject to the (dissolving) condition of an impossibility of delivery or an incorrect price indication (on the part of the manufacturer or of KND). This means that non-delivery may occur due to items that are no longer available. In addition, it may also be that we have not given the correct prices in the shop.
The contract is concluded as soon as the customer places his order via the online shop or buys it directly. The receipt of the automatically generated order confirmation does not contain any promise that the product is actually available or can be delivered. It only shows the customer that the order placed has arrived at KND and the contract has thus been concluded, which is subject to the condition subsequent of non-delivery.

If any of the above (dissolving) conditions occur, the contract will be dissolved immediately and without the involvement of the parties. We will inform our customers immediately about such a dissolution. If the product has already been handed over, ownership automatically reverts to KND and the customer is obliged to return the goods (including reimbursement of the price paid by KND). If the product has not yet been handed over, the customer is neither obliged to pay the purchase price nor to accept it. As a result of such a contract termination, KND is not obliged to make a replacement delivery.

3. Prices

Our sales prices are ex warehouse and are given in Swiss francs including the statutory Swiss VAT and excluding shipping costs. Prices are exclusive of any other applicable taxes. KND reserves the right to change prices at any time.

4. Payment Options
For orders within Switzerland and the Principality of Liechtenstein, you can use the payment methods credit card, PayPal and Twint. Orders from abroad can only be paid via credit card or PayPal.

Any fees charged by the card institutes will be charged to you.

5. Late Payment
In the event of a delay in payment, we are entitled to charge you default interest of 10% per year plus a fee of CHF 10.00 from the 2nd reminder. Reminders and invoices are sent by email. In the event of default of payment, KND is also entitled to assign the claim and the consequences of costs for the debtor to third parties. The assertion of further damages remains reserved. KND has the right to refuse or cancel the delivery or provision of services in the event of late payment.

6. Vouchers

Gift vouchers are vouchers that you can purchase. You can pay for your order with a voucher from KND. To do this, enter the code on the voucher in the corresponding field of the order. A gift voucher can only be redeemed before completing the order process and for the full amount.
The amount of the voucher is specified. The vouchers are issued exclusively in CHF and are freely transferable. A cash payment is excluded.

7. Promotional Vouchers
Promotional vouchers are vouchers that cannot be purchased, but are issued as part of advertising campaigns. Promotional vouchers can only be redeemed under the conditions mentioned therein, by the respective recipient, in the specified period and only once per person. Individual products may be excluded from voucher campaigns.
Promotional vouchers may require a minimum order value. A difference to a higher value of goods is to be compensated with the offered payment options. Promotional vouchers are neither paid out in cash nor bear interest.
A refund or redelivery of promotional vouchers in the event of partial or complete return of the ordered products is excluded. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The promotional voucher is not transferable and may not be combined with other promotional vouchers. If you used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you keep if - due to your revocation - the total value of the order falls below the value of the promotional voucher.

8. Terms of delivery and shipping
Goods are regularly delivered to the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive. For orders from abroad, the delivery time can be extended by up to 14 working days.
If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are handed over for dispatch or when they are handed over to the transport person commissioned.

9. Delivery Defects

We ask you to check the delivered items immediately for correctness, completeness and integrity. Complaints about the scope of delivery, material defects, incorrect deliveries and quantity discrepancies must be sent to us in writing by email to hey@kndkids.ch within 5 working days of receipt of the goods. The defect will be checked by KND. If the defect is accepted by KND, you will receive a replacement item of the same type, if it is in stock, and the shipping costs will be reimbursed. Otherwise the entire amount will be refunded to you.

10. Warranties

The warranties of the items purchased from KND are limited to the assurances of the respective manufacturer. In the event of improper handling or personal intervention, any entitlement expires.

11. Exchanges & Returns
Within 14 days of receipt of the items, they can be returned with a description of the reason for the return. The return of the goods is at the responsibility and expense of the buyer.

Only items that are absolutely undamaged and in perfect, unworn condition will be accepted. Items must be returned in their original packaging, unsealed and undamaged. If this is not the case, we reserve the right to assert claims for compensation.

Returns should be addressed to:
ESPAS
kndkids
Naglerwiesenstrasse 4

8049 Zurich

12. Retention of Title

The ordered goods remain the property of KND GmbH until full payment.

13. Liability
Claims for damages from non-delivery, from breach of contract, from culpa in contrahendo and from tort are, unless intentional or grossly negligent action, against KND and against the vicarious agents or vicarious agents of KND are completely excluded.

Any liability for indirect damage and consequential damage resulting from the use, malfunction or failure of goods delivered by KND is excluded.

14. Changes

These general terms and conditions can be changed by KND at any time. The new version comes into effect 30 days after it has been published on the website by KND. For customers, the version of the General Terms and Conditions that is in force at the time the contract is concluded applies. Unless the customer has agreed to a newer version of the General Terms and Conditions.

15. Priority

These General Terms and Conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these General Terms and Conditions take precedence over these General Terms and Conditions

16. Force Majeure
If the timely fulfillment by KND, its suppliers or third parties called in is prevented as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage and delivery bottlenecks are impossible, KND is released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, KND can withdraw from the contract. KND must reimburse the customer in full for any payment already made.

Any further claims, in particular claims for damages as a result of vis major, are excluded.

17. Privacy
KND may process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the contract. KND takes the measures required to secure the data in accordance with the statutory provisions. The customer fully agrees to the storage and contractual use of his data by KND and is aware that KND is obliged and entitled to disclose information from the customer to these or third parties by order of courts or authorities. If the customer has not expressly prohibited it, KND may use the data for marketing purposes. The data required for the performance of the service can also be passed on to commissioned service partners or other third parties.

Furthermore, the data protection regulations apply.

18. Governing Law and Jurisdiction

Place of jurisdiction is Zurich. The contract is subject to Swiss law. KND is free to bring an action at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.

KND GmbH
Brüderhofweg 45
CH-8057 Zurich
UID: CHE-160.367.746
VAT: CHE-160.367.746 VAT