General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal entity offering products and/or services to consumers at a distance, being Kanoa Fashion.
Distance contract: An agreement concluded within a system organized for distance selling using one or more means of distance communication.
Distance communication technique: Means that can be used to conclude an agreement without the consumer and entrepreneur being physically present together.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the terms can be inspected and will be sent free of charge upon request.
If the agreement is concluded electronically, the terms may be provided electronically in such a way that they can be easily stored on a durable data carrier.
In case of conflicting terms, the consumer may rely on the provision that is most favorable to them.
If one or more provisions of these terms are declared invalid, the remaining provisions shall remain in full force.
Situations not covered by these terms should be interpreted in the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be explicitly stated.
The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
The offer contains a complete and accurate description of the products and/or services.
Obvious errors or mistakes do not bind the entrepreneur.
All images and specifications are indicative and cannot give rise to compensation or termination of the agreement.
Product images are a true representation of the products offered; however, exact color matching cannot be guaranteed.
Each offer contains information that clearly describes the rights and obligations associated with acceptance, including:
- Any shipping costs
- The method by which the agreement will be concluded
- Whether the right of withdrawal applies
- Payment, delivery, and execution methods
- The validity period of the offer
- Communication costs (if applicable)
- Whether the agreement is archived and how it can be accessed
- How the consumer can review and correct provided data
- Available languages
- Applicable codes of conduct
- Minimum duration of the agreement (if applicable)
- Available sizes, colors, and materials (if applicable)
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and complies with the conditions.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt electronically without delay.
The entrepreneur may, within legal frameworks, verify whether the consumer can meet payment obligations and may refuse or impose conditions on orders.
The entrepreneur will provide the consumer with:
- Contact details for complaints
- Information about the right of withdrawal
- Warranty and after-sales service details
- Payment and delivery information
Every agreement is concluded subject to the availability of the products.
Article 6 – Right of Withdrawal (Detailed)
The consumer may withdraw from the agreement within 30 days after receiving the product.
The consumer must notify the entrepreneur via written communication or email.
After notification, the consumer must return the product within 30 days.
The consumer must provide proof of return shipment.
If the consumer fails to notify or return the product within the specified periods, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
If the consumer has paid an amount, it will be refunded as soon as possible, but no later than 30 days after withdrawal, provided the returned product has been received or proof of return is provided.
Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for products:
- Made according to the consumer’s specifications
- Clearly personal in nature
- That cannot be returned due to their nature
- That may spoil or expire quickly
- Subject to financial market fluctuations
- Newspapers and magazines
- Audio/video recordings or software with broken seals
- Hygiene products with broken seals
Article 9 – Pricing
Prices will not increase during the validity period, except due to VAT changes.
Prices may fluctuate if linked to financial markets.
Price increases within 3 months are only allowed if required by law.
All prices are subject to typographical errors. No liability is accepted for such errors.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products comply with the agreement and legal requirements.
Defects must be reported within 30 days of delivery.
Products must be returned in original condition and packaging.
Warranty does not apply if:
- Products are repaired or altered by the consumer or third parties
- Products are misused or handled improperly
- Damage results from government regulations
Article 11 – Delivery and Execution
The entrepreneur will exercise due care in processing orders.
Orders will be executed within 30 days, unless otherwise agreed.
If delivery is delayed or cannot be completed, the consumer will be informed within 30 days.
In such cases, the consumer has the right to cancel the agreement free of charge.
Refunds will be issued within 30 days after cancellation.
The risk of damage or loss remains with the entrepreneur until delivery.
Article 12 – Duration Transactions: Duration, Termination and Extension
The consumer may terminate agreements at any time with a maximum notice period of one month.
Fixed-term agreements may not be automatically renewed unless permitted by law.
Article 13 – Payment
Unless otherwise agreed, payments must be made within 7 working days after the cooling-off period begins.
The consumer must report any inaccuracies in payment details immediately.
In case of non-payment, the entrepreneur may charge reasonable costs.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days after the issue is identified.
Complaints will be answered within 14 days.
If a complaint requires more time, the consumer will receive a confirmation and expected resolution timeframe.
If a complaint cannot be resolved mutually, it becomes a dispute.
Article 15 – Disputes
All agreements between the entrepreneur and the consumer are governed exclusively by the laws of New Zealand, regardless of the consumer’s country of residence.