1. Scope of Application

 

1.1. These Terms and Conditions of the corporation KITTY MONTGOMERY (hereinafter referred to as “Seller”) shall apply to all contracts concluded between the consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller relating to all goods and/or services presented by the Seller in his online shop. The inclusion of the Customer’s own conditions is herewith objected to, unless other terms have been stipulated.

 

1.2. For the purpose of these General Terms and Conditions, consumer is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. For the purpose of these General Terms and Conditions, entrepreneur is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

 

2. Conclusion of the Contract

 

2.1. The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.

 

2.2. When placing the order using the online order form, the Customer submits a legally binding offer of contract for the goods in the online shopping basket after entering its personal data and by clicking the button “place order” during the final step of the ordering process.

 

2.3. Order processing takes place via automated order processing of the online shop.

 

3. Prices and Payment Conditions

 

3.1. All prices indicated by the Seller are final prices in EURO and include the Austrian legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description. 

 

3.2. For deliveries the Seller offers the following payment options:

 

• Credit cards: VISA, Mastercard • Maestro
• Prepayments by payment service provider PayPal

3.3. When choosing the payment option credit card the credit card account of the customer will be debited immediately after the Seller’s acceptance in accordance with Section 2.3 of the Seller’s General Terms and Conditions (see above).

 

4. Shipment and Delivery Conditions

4.1. Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer.  In the processing of the transaction, the delivery address indicated during the Seller’s order processing shall be applicable. We generally do not ship goods to post office boxes.

 

4.2. Should the transport company return the goods back to the Seller due to the fact that delivery to the Customer has not been possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the Customer by refusing the acceptance exercises his/her right of revocation, if he/she is not responsible for the reason causing the impossibility of delivery or if he/she has been temporarily impeded to receive the offered goods/service, unless the Seller has notified the Customer for a reasonable time in advance about the service.

 

4.3. European Union countries will be delivered on a DDP (Delivery Duty Paid) basis, which means that all relevant sales taxes, import fees and customs duties are included in your purchase price. For deliveries to the United States and Canada, customs, fees and other relevant taxes are not included and must be paid by the Customer.

 

4.4. Shipping costs

 

Shipping costs

 

Shipping method Delivery times
Austria

 

8 Euro GLS Standard Ca. 2-3 working days

(excl. production time)

Germany

 

10 Euro GLS Standard Ca. 2-3 working days

(excl. production time)

Belgium

 

10 Euro GLS Standard Ca. 2-3 working days

(excl. production time)

Denmark

 

10 Euro GLS Standard Ca. 2-3 working days

(excl. production time)

France

 

10 Euro GLS Standard Ca. 2-3 working days

(excl. production time)

Italy (excl. Livigno, San Marino & Vatikan)

 

10 Euro GLS Standard Ca. 2-3 working days

(excl. production time)

United Kingdom (excl. Guernjersey & Jersey) 10 Euro GLS Standard Ca. 3-5 working days

(excl. production time)

United States 30 Euro  FedEx Ca. 1-2 weeks

(excl. production time)

Canada 30 Euro  FedEx Ca. 1-2 weeks

(excl. production time

All other Countries 40 Euro  FedEx Ca. 1-2 weeks

(excl. production time

Please note that at this point we can only ship to the countries listed above and the delivery times do not include the production times, which are needed to produce your order. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. The seller is not responsible for any delays caused by destination customs clearance processes.

 

4.5. All shipments will be carried out through GLS and FedEx (for United States and Canada). The terms and conditions of GLS and FedEx will apply additionally and can be called under www.gls.com or www.fedex.com.

 

5. Returns

 

Should the customer not be happy with the purchase, he may return the item(s) in its original condition including a statement of withdrawal within 14 days of reception. The withdrawal does not require a specific form. The consumer must, in the case of an explicit agreement between both parties, bear the direct costs of returning the goods. The parcel remains the customer’s responsibility until it reaches us. If the goods are returned damaged, the customer is required to offer compensation of equal value. Merchandise must not be worn, altered or washed. Merchandise must have all tags attached.

 

In case of compliance with the instructions the customer will then receive a refund on your credit card or your account in the amount of the purchase price excluding shipping costs.

 

5.1 Return Costs for German Customers

 

You must bear the costs of the return shipment if the goods delivered are as ordered and the value of the returned product does not exceed € 40,- .Otherwise the return is free of charge.

 

5.2 All returns have to be sent back to the following address:

 

KITTY MONTGOMERY
Mag. Sonja Ortner
Albertgasse 1a/16
1080 Wien
AUSTRIA

 

6. Liability for defects

 

Statutory liability for defects shall be applicable.

 

7. Applicable Law, Court of Jurisdiction, Contractual Language

 

7.1. The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his/her habitual residence.

 

7.2. The contractual language is German.

 

B. Customer Information

 

1. Information on the Seller’s Identity

 

KITTY MONTGOMERY
Mag. Sonja Ortner
Albertgasse 1a/16
1080 Wien
AUSTRIA

Tel./Fax: +43 (0)1 / 4057685
E-mail: office@kittymontgomery.com

 

Sales tax identification number according to Austrian Value Added Tax Law: ATU63720049

 

2. Information on the significant Characteristics of the Goods or Services

 

The significant characteristics of the goods or services result from the respective product description presented by the Seller.

 

3. Information on the Conclusion of the Contract

 

The contract shall be concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).

 

4. Information on Payment and Delivery

 

Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the General Terms and Conditions of the Seller (see above).

 

5. Information on Technical Steps leading to the Conclusion of the Contract

 

The contract is concluded by offer and acceptance.

 

5.1. If the Customer uses the Seller’s online order form for his/her order, he/she submits his/her order as follows:

 

5.1.1. On the Seller’s web page where the range of products is presented, the Customer in the first step clicks the “Add to shopping bag” button. A new page then opens displaying the contents of the shopping bag.

 

5.1.2. The Customer in the second step then, or after he/she placed other goods into the virtual shopping bag, clicks on the “View bag” button and then on the “Proceed to checkout” button. Has the Customer not yet been registered or logged in, a new page opens. On this page and as intermediate step, the Customer needs to either register and open a customer account, register for a guest order, or login if he/she is already registered as a Customer. If he/she already is a registered Customer, he/she fills in the “E-mail address” and “Password” fields and afterwards clicks the “Login” button. If he/she is not yet a registered Customer, he/she chooses whether he/she would like to open a customer account or only place an order as a visitor by clicking the respective button. He/she then fills out the form and clicks the “Continue” button.

 

5.1.3. A new page opens where the Customer in the next step may select the desired dispatch method by clicking the respective button.

 

5.1.4. In the next step the Customer clicks on the “Continue“ button. A new page opens where the Customer may select the desired payment method by clicking the respective button. In the next step the Customer clicks on the “Continue“ button.

 

5.1.5. A new page then opens which summarizes the order information.

 

5.1.6. In the last step the Customer clicks on the “Place order” button.

 

5.2. Acceptance by the Seller is effected in accordance with Section 2.3 of the General Terms and Conditions of the Seller (see above).

 

6. Information on Storing the Wording of the Contract

 

The contract text is stored by the Seller and is sent to the Customer after dispatch of the order in addition to the General Terms and Conditions and Customer Information in writing (email). In addition, the contract text is archived on the Seller’s website and can be recalled free of charge by the Customer through his/her password protected customer account by entering the respective login information, provided the Customer has created a customer account in the Seller’s online shop before dispatching his/her order.

 

7. Information on the technical Tools for Recognizing and Correcting input Errors

Prior to the binding submission of the order, the Customer may continuously correct his/her entries using the standard keyboard and mouse functions. Furthermore, all entries will be displayed once again in a confirmation window prior to the binding submission of the order and may be corrected there using the standard keyboard and mouse functions.

8. Information on the Languages available for the Conclusion of the Contract

 

The English language is exclusively available for the conclusion of contract.