Terms of service
§1 Order Processing and Delivery
Order processing and delivery are carried out exclusively in accordance with the following General Terms and Conditions in their version valid at the time of the order. General terms and conditions of the customer that contradict or deviate from the following provisions shall not apply. The following terms and conditions shall apply exclusively, even if we carry out delivery and services without reservation in the knowledge of conditions of the customer that contradict or deviate from the following terms and conditions.
§ 2 Contracting Party, Language, Applicable Law
The contracting party is Silvia Kolokolow, Lindengasse 14, 1070 Vienna, Austria
The contract language is German. Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
§ 3 Conclusion of Contract
Your order constitutes an offer to us to conclude a purchase contract. When you place an order at kalivia.at, we will send you an email confirming receipt of your order (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that your order has been received by us. A purchase contract is only concluded when we ship the ordered product to you and confirm the shipment to you with a second email (shipping confirmation). No purchase contract is concluded for products from the same order that are not listed in the shipping confirmation.
§ 4 Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform Kalivia (Silvia Kolokolow, Lindengasse 14, 1070 Vienna, Austria) by means of a clear declaration of your decision to withdraw from this contract (by post or email). You may use the attached model withdrawal form, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, all payments received, including delivery costs (with the exception of additional costs arising from your choosing a type of delivery other than the least expensive standard delivery offered by us), shall be refunded without undue delay and at the latest within 14 days from the day on which the notification of your withdrawal from this contract was received. For this repayment, the same means of payment that you used in the original transaction will be used, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
Repayment may be withheld until the goods have been returned or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the withdrawal from this contract.
The deadline is met if you send the goods before the expiry of the 14-day period.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back: Download withdrawal form (PDF)
§ 5 Delivery
Unless otherwise agreed, delivery shall be made from the warehouse to the delivery address specified by the customer. You will find information on the availability of individual products on the website. Please note that all information on availability, shipping, or delivery of a product are only estimated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless expressly designated as a binding date in the shipping options of the respective product. If Kalivia determines during the processing of your order that the products you ordered are not available, you will be informed separately by email. If Kalivia is unable to deliver the ordered goods through no fault of its own because the supplier has not fulfilled its contractual obligations, Kalivia shall be entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is not available. The statutory claims of the customer remain unaffected. If delivery to the customer is not possible because the customer cannot be found at the delivery address specified by them, the customer shall bear the costs of the unsuccessful delivery.
§ 6 Due Date and Payment, Default
You can pay for the goods by advance payment. Payment shall be made in the currency shown on the invoice (EUR). Shipping of the ordered products can only begin once payment has been made. The ordered products will be shipped to the address specified in the order confirmation.
§ 7 Price
All prices include the applicable VAT. Shipping costs are listed separately.
§ 8 Retention of Title
The delivered goods shall remain the property of the seller until full payment has been received.
§ 9 Processing and Use of Personal Customer Information
We store, process, and use the personal data you provide on the order form to fulfill the order. Some of this data is passed on to the transport companies commissioned by us for order processing. All personal data is treated as strictly confidential, and your legitimate interests are strictly observed in accordance with legal requirements.
§ 10 Force Majeure
In the event that we are prevented from fulfilling our obligations under a contract by force majeure or other circumstances beyond our control, we shall not be liable. In cases of force majeure or other circumstances beyond our control causing delay, we shall fulfill our obligations as soon as reasonably possible under the circumstances.