Terms & Conditions

 

Terms of Service | KH.Fashion

Website Terms of Service and Conditions of Use

1. General and scope
1.1. The following General Terms and Conditions (hereinafter "GTC") apply to all orders that you place with KH.Fashion AG (hereinafter "KH.Fashion", "we" or "us") via the KH.Fashion website (https:/ /www.kh.fashion/; hereinafter "website") as well as for all information, documents, graphics and data shown on the website and/or all other services provided via the website.
1.2. By using the KH.Fashion website or by placing an order, you agree to the terms and conditions and our privacy policy. Please read the Terms and Conditions carefully when using the website or before placing an order.
1.3. The content, illustrations, images, photos, samples, collections, information, drawings, technical data, descriptions of weight, dimensions and performance shown on the website are for illustration purposes and are non-binding. Deviations from the final product can occur and are due in particular to differences in image capture and display technologies for other reasons. KH.Fashion is not liable for such deviations and variations. No rights can be derived from typographical errors, product descriptions or obvious errors on the website.
1.4. The copyright and all other rights to content, images, photos or other files on the website belong exclusively to KH.Fashion or the specifically named rights holders. The written consent of KH.Fashion and the copyright holder must be obtained in advance for the use and reproduction of any elements. 1.5. In order to order Products through the Website, you must be at least 18 years of age and not be a guardian.
1.6. You guarantee that the information and data you send us about inquiries or orders are correct and complete.
1.7. KH.Fashion reserves the right to change the GTC. The version of the General Terms and Conditions valid at the time of the order is decisive and cannot be changed unilaterally for this order.
 
2. Prices, shipping costs, payment and retention of title
2.1. The prices stated on the website are given in euros (EUR), US dollars (USD) or Swiss francs (CHF) depending on the selection and do not include VAT, express production costs and shipping costs.
2.2. We are entitled to charge shipping costs. The shipping costs vary depending on the product and shipping method.
2.3. The sum of the ordered products including VAT and shipping costs and, if desired, the express production costs, is indicated in the shopping cart or at the end of the ordering process.
2.4. When shipping to certain countries, additional customs fees may apply. These are not included in the price and must be paid for by you.
2.5. If several deliveries have to be made for an order, no additional shipping costs are incurred for the subsequent deliveries.
2.6. Payment is made in the currency selected on the website (EUR, USD or CHF).
2.7. Orders are generally due for payment immediately.
2.8. You have the option of paying with the means of payment that are displayed on the website or at the end of the ordering process. These may change from time to time and by country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods we use.
2.9. When paying by card, the details of the payment card (VISA or Mastercard) are recorded when the order is placed. The corresponding amount is immediately debited from the card. We reserve the right to check the validity of the card, the creditworthiness in relation to the order value and the address details of the buyer. Depending on the result of this check, we can also reject orders.
2.10. KH.Fashion remains the owner of the delivered products until they have been paid for in full. This includes all costs as well as early, late or partial deliveries. You may not sell, dispose of or encumber any Products until title to such Products has fully passed to you.
 
3. Order and conclusion of contract
3.1. All information on the website is intended solely as an invitation to purchase and does not constitute a legally binding request. You agree that your order is an offer to KH.Fashion to purchase the products listed in the shopping cart.
3.2. After submitting the order, you will receive a confirmation by email. A binding contract is only formed upon receipt of the order confirmation.
3.3. KH.Fashion is entitled to refuse orders in whole or in part without giving reasons. In this case we will inform you accordingly and any payments already made will be refunded. Further claims are excluded; in particular, the products that cannot be delivered will not be forwarded.
 
4. Processing Time and Expedited Manufacturing
4.1. The processing time, i.e. the time required to complete your ordered products, is usually around 8 weeks.
4.2. Processing may take longer due to unforeseeable events such as strikes, lockouts, boycotts, late deliveries from subcontractors and cases of force majeure. KH.Fashion cannot be held liable for this.
4.3. The stated processing time is an explicit estimate. Failure to comply with the specified processing time gives you neither the right to withdraw from the contract nor the right to compensation.
4.4. If the ordered products can no longer be delivered at all for any reason, we will send you an alternative offer that is comparable in terms of quality and price by e-mail. If there is no objection within 10 days, the alternative offer is deemed to have been accepted. There are no further claims on your part.
4.5. We offer you an “express delivery” option under certain circumstances. With the express production option, you can speed up the production of the ordered products for a fee.
4.6. With the express production option, the processing time is reduced to approx. 3 weeks.
4.7. The additional fee covers the expenses incurred to complete the ordered products before the original processing time. With the express production option, the shipping costs for express shipping are automatically added to the fee for express production.
4.8. Incidentally, Sections 4.2 – 4.4 also apply to express production.
 
5. Delivery
5.1. We deliver to the address you provide to those countries to which shipping is available according to the selection under delivery country in the ordering process.
5.2. Deliveries are always made via the DHL Express delivery service. The desired delivery service and shipping method cannot be defined. The shipping costs incurred are to be paid by the buyer.
5.3. Express shipping with DHL Express takes 1-3 working days. Other shipping options are not available.
5.4. The specified delivery time is an explicit estimate. Delivery may take longer due to unforeseen events.
5.5. Failure to comply with the specified processing time gives you neither the right to withdraw from the contract nor the right to compensation.
 
6. Right of cancellation and return There is no right of revocation or return, as the ordered products are made individually according to your own specifications or are clearly tailored to your needs (so-called customer-specific, individualized products).
 
7. Notification of Defects and Warranty
7.1. The parties exclude any legal and material warranty obligation of KH.Fashion (Art. 192 ff. and Art. 197 ff. OR), insofar as this is legally permissible.
7.2. For notifications of complaints or service questions, please contact us at the following address with the order number, the customer number, a description of the error and other helpful information: KH.Fashion AG, Grabenackerstrasse 27, 6312 Steinhausen, Switzerland, info@kh.fashion. We will endeavor to find an individual solution that is acceptable for both parties in each individual case.
 
8. Liability
8.1. KH.Fasion is liable in the event of a breach of its own obligations under these General Terms and Conditions and the contractual relationships based on them for damage caused and proven by it through illegal intent or gross negligence. Liability is expressly excluded for slight and moderate negligence and for indirect and consequential damages, whether based on contract, tort or any other reason. Indirect damage includes, for example, lost profits, financial losses, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of KH's services. Fashion. In addition, KH.Fashion assumes no contractual or non-contractual liability for damage caused by auxiliary persons who are used to provide the service.
8.2. Subject to the foregoing, our total liability under these Terms, regardless of the reason and to the extent permitted by law, shall be limited to the price of the Products you have ordered from us.
8.3. If an event occurs which is beyond our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-performance or late performance of any obligations arising from these GTC and the contractual relationship based on them. An event outside of our sphere of influence exists, for example, in the following cases: In the event of strikes, lockdowns or other industrial actions by third parties, invasion, terrorist attacks, war, fire, explosion, storm, flood, earthquake, epidemic, pandemic, other natural disaster, or the failure of public or private communications networks or the inoperability of rail, Shipping, air, motor routes or other means of public or private transport.
8.4. If an event outside our control occurs that affects the performance of our obligations under the contract, we will notify you as soon as possible.
 
9. Privacy
KH.Fashion collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration, which forms an integral part of these General Terms and Conditions.
 
10. Severability Clause Should any provision of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed to be replaced by an effective provision that largely takes into account the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.
 
11. Governing Law and Jurisdiction
11.1. Only substantive Swiss law applies to these GTC, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2. The place of jurisdiction for natural persons is the registered office of KH.Fashion or the customer's place of residence. For legal entities, the registered office of KH.Fashion is the sole place of jurisdiction.
11.3. These provisions only apply if there are no mandatory provisions of the law of the country in which the consumer has his habitual residence that take precedence over these GTC.