General Terms and Conditions of Business
Thanks for purchasing sustainable fashion products at kimkandler.com operated by Kim Kandler. If you are not entirely satisfied with your purchase, we’re here to help.
Important information to consider before you make a purchase
Upcycled apparel and accessories are highly customized items which are handcrafted by hard-working designers. Contrary to conventional luxury items, these products are not industrialized or produced at large scale in factories. Products in our showcases aren’t off-the-shelf products that we pull from a shelf in a warehouse. Products in our showcases are crafted with love and dedication in the workshops of the designers themselves. For all these reasons we aren’t capable to offer vast and cheap logistics or speedy processing of orders, especially since many products are custom-made. For these reasons we also can’t offer swift and convenient return procedures as may be commonplace with larger online fashion retailers. Please bear in mind those aspects when ordering a product with us.
Vintage & Pre-Owned Items
While we try to keep the product descriptions of pre-owned items as accurate as possible — for example in terms of the name of the previous owner (if any and if known), the designer, the materials and fabrics used, the size — we can’t guarantee that the product description is always entirely accurate as we rely on our own evaluations and research, and on information we receive from the previous owner. If you consider a specific product detail as essential, then please get in touch with us before you make the purchase, in order to go over the critical details together.
In case a showcase features additional product-specific terms and conditions, then these will prevail over the terms in this document.
All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business (in short, the „Terms and Conditions“) set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the buyer except where specifically agreed in writing.
If you reside in the European Union or United Kingdom, you may be entitled to a 14-day “cooling off period,” or a “right of withdrawal,” during which you may return an item for any reason.
SHOP: Kim Kandler and all affiliated companies;
BUYER: a natural person who does not act in the course of his profession or business and who contacts the shop in connection with a possible contract to be concluded or who has concluded a contract with the shop;
SUPPLIER: the manufacturer or vendor that lists products in the shop’s showcases;
OFFER: any offer made by the shop for the sale and delivery of products on the website;
ORDER: any order placed by the buyer for the sale and delivery of products by the shop to the buyer;
CONTRACT: the contract concluded between the shop and the buyer with respect to the sale and delivery of products;
PRODUCT(S): the supplier’s product(s) sold and/or delivered by the shop to the buyer;
PARTIES: the shop and the buyer jointly;
TERMS AND CONDITIONS: these general terms and conditions of business;
WEBSITE: the website kimkandler.com, used to run the shop, among other things.
How an offer becomes a contract
By submitting an order on our Website to us you are placing a binding solicitation for a purchase contract with us. You submit an order by entering all required information during the ordering process and then using the button “Place order” during checkout. Before you submit your order you will be able to verify the details you are submitting and correct any mistakes in the information provided.
On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual solicitation but serves for informational purposes only.
A purchase contract will become effective only after we have accepted the order by dispatching the goods ordered. In any case, the goods will be dispatched only after the full amount has been credited to our account.
The shop has the right to cancel any order without stating a reason, especially if there are legitimate grounds to suspect that the goods ordered are intended to be resold on a commercial basis.
Important notice about our product listings
Any specifications of colours, weights, density, quantities and other descriptions in catalogues, brochures, promotional material and/or on the website are as accurate as possible, but only serve as indications. The buyer cannot derive any rights therefrom.
Items which are made to order (for example custom-made upcycled apparel) feature a product image that is merely an illustration of how the finished product may look like. The designer manufacturing the upcycled item will make all possible efforts to create a product that comes as close as possible and looks as similar as possible to the image in the product listing. Therefore, the buyer needs to expect to receive a finished item with deviations in color, texture, material and/or style compared with the image of the product listing. Such deviations shall not be considered a defect and do not entitle the buyer to request a return and/or refund for the purchased item.
Important notice about jewelry items
Jewelry items are made by hand. It involves the use of raw materials such as metals and gems, which are all essentially one of a kind. The final pieces might be slightly different than the images on the website.
Slight irregularities and variations in the material and gemstones of the jewelry are normal. These characteristics are what makes each piece of jewelry unique and individual, and they should not be considered a defect.
Earrings come with silicon ear backs for optimal fitting so they wouldn’t fall off. Some gold earrings will arrive with gold butterfly ear backs as well if indicated in the detailed item description.
What is included in our prices
In technical jargon as defined by Incoterms in international trade and shipping, our prices are Delivered at Place Unloaded (DPU) by a courier or postal service of our choice. It means that on our end we pay all expenses to get your shipment to your door, but you pay for import duty, taxes and customs clearance.
Value added tax
Customs and import duty
Prices do not include import duty, taxes and customs clearance, which is the responsibility of the buyer. Typically, the courier will take care of that and contact the buyer in order to clear the shipment from customs.
The amount of the shipping costs will become visible on the website during the checkout process, before payment is made and therefore before the final placement of the order.
About delivering your order
Time required to process an order
The shop will process an order within 30 (thirty) days after receipt of payment from the buyer, unless a different period has been agreed upon.
Important notice: made to order items (custom-made upcycled products) need to be manufactured first. Therefore, the shop will only be able to ship the item once it is finished by the supplier.
For most regions, international express shipment will take 14-21 business days.
If the shipment is delayed or if an order cannot be executed or can only be executed in part, the buyer will be informed of this within 60 (sixty) days after our order confirmation. In that case, the buyer will be entitled to dissolve the contract free of charge. If the buyer dissolves the contract for the reason mentioned above, the shop will immediately refund the amount paid by the buyer.
The shop has the right to consolidate an order of several products with different delivery periods.
Wrong shipping address and delivery problems
Products will be delivered at the address specified by buyers in their accounts on the website.
The buyer guarantees that the shipping address is correct and complete and that the shipment can actually be delivered at that address. If delivery of the shipment appears to be impossible, the shop will be at liberty to deliver the products, at the buyer’s risk, at the most suitable location – in the opinion of the shop and/or its forwarder – in the immediate vicinity of the delivery address, or to take the products back at the buyer’s risk and expense, or to possibly store them elsewhere and/or possibly deliver them at a later time.
However, if a package is refused or the incorrect address is supplied at checkout the buyer will be held responsible to pay all shipping costs for the order and back to us. The shipping costs will be deducted from the refund amount. Additionally, refused packages and undeliverable packages can take several weeks or longer to be received back to our facilities. The transit time is completely in the hands of the shipping carrier. We will not process any refunds until the items are returned back to our facility.
Shop chooses the courier
Unless the parties agree otherwise, the products will be dispatched in a manner to be determined by the shop. The shop will not be liable for any damage whatsoever related to the shipping of the products.
The shop will be entitled to effect its deliveries in consignments.
The risk for the products passes to the buyer upon receipt of the shipment, or when the forwarder marks the shipment as delivered, whether it was delivered to the buyer in person or whether it was delivered to an alternative person or location.
Customs and duties
Please be aware that your order may be subject to additional import duties, clearance, and customs fees.
Delays in customs are possible with every international order, which may affect delivery arrival times. The shop has no control over customs fees or delays. You may contact your local customs office to determine import duties, customs clearance costs and delivery estimations.
If you refuse to pay customs, all additional fees incurred will be subtracted from your merchandise refund or billed to you by the shop at a later date. The shop will not refund you for your order until the items are returned back to our facility.
Reporting a problem with an order
We believe that you should always get the item you ordered or get your money back, so when those expectations aren’t met, we are here to support you. Buyers may receive a full refund for purchases that never arrive, arrive damaged, or do not match the listing description.
If an order does not meet the following expectations, you may qualify for a refund.
- Items are delivered, and arrive when expected. They should be shipped within the stated processing times, and delivered to the address provided by the buyer at the time of purchase. Please note that if an item was shipped and has a tracking number, you may be able to open a shipping carrier claim by directly contacting the shipping carrier.
- Items arrive undamaged, and are packaged to withstand handling in transit.
- Items match the listing description. Items received should not be significantly different from the listing description or photos. We may ask the buyer to provide us with documentation to demonstrate that the item is significantly different.
Here are a few examples that qualify for a refund:
- The item received is a different size.
- The item has a completely different design.
- The listing failed to disclose that an item is damaged or is missing parts.
- The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
- The item was advertised as authentic but is not authentic.
- The condition of the item is misrepresented (e.g., the item is described as new but is used).
In case of wrong or damaged items, you need to return the product to the shop by requesting a return authorization label as explained in the following sections.
Unless required by law, some disputes don’t qualify for refunds. These include:
- Items that have been altered, used, worn, washed, or discarded after receipt.
- Items that had the processing time updated in case the supplier needed additional time for manufacturing, provided the shop had notified the buyer.
- Items that are received after the agreed-upon delivery date due to shipping delays.
- Items that are returned without a return authorization label.
- Items that are accurately described but don’t meet a buyer’s expectations.
- Cost of shipping disputes.
We will evaluate the claim to the best of our ability. Please be prepared to supply additional documentation if requested.
Inspection upon delivery and reporting of damage
The buyer is obligated to inspect, upon delivery of the products, if the right products have been delivered in the right quantity.
If such complaints are not notified in time, the products are deemed to have been received in good condition.
Important notice about vintage apparel and pre-owned garments
Please note that our vintage garments may be pre-owned items, which have been used and worn before. We will disclose these things on the detailed product page to the extent possible by using photos, videos and text. However, all these items have been carefully inspected, cleaned and repaired to the best extent possible, but they may still show age-related and usage-related wear and tear, such as minor marks or scratches, naturally associated with the essence of vintage. Used vintage items may need minor repairs.
The above mentioned defects are part of the item and shall not be considered damage. Used apparel and accessories are always purchased „AS IS“.
Product handling until returning the product
In case of wrong or damaged items, the buyer should nevertheless handle the product and its packaging with due care. The product may only be unpacked to the extent required in order to determine the nature, features and functioning of the product. Buyers may only use and inspect the product as allowed to do in a physical point of sale.
The buyer will be liable for any decrease in the value of the product as a result of handling the product in a way beyond the handling permitted in the above paragraph.
This means that to be eligible for a refund, your item must be unused and in the same condition that you received it. Your item must be in the original packaging.
More specifically, eligibility for a refund only applies to unworn, unwashed and defect-free items from which the labels have not been removed. Any loss of value due to wearing, washing or causing other traces of use as well as removal of the safety label, removal/damage of the original packaging, accessories, etc. will result in the refund request being rejected, as we cannot offer these items for sale again. In this case, the goods will be returned to the buyer without refunding the purchase price.
The shop doesn’t offer returns except in the case of damaged or wrong items.
However, if you believe you are in a situation where it would be unfair if you couldn’t return the product, then please let us know within 30 days from receipt of the item. We will discuss your situation with the supplier of the product and try to come up with a solution, which will depend on the discretion of the supplier.
How to return a product
Products may only be returned after receiving a return authorization label from the shop which the buyer needs to add to the return shipment.
The buyer will return the product along with all accessories delivered, in its original state and packaging and in accordance with the instructions given by the shop. This means that any returned products must be undamaged, unworn and unwashed. The products should still bear all original labels and hangtags as attached thereto by the shop. The costs of any missing products and damaged packagings will be reimbursed by the buyer to the shop.
In all cases, returns must be sufficiently paid for and sent by the buyer to the shop, unless the parties have otherwise agreed in writing. Buyers will be responsible for paying for their own shipping costs for returning the products. Shipping costs are non—refundable.
We recommend dropping off returns directly to your shipping carrier so you can obtain a receipt when you drop off your return. We will not accept responsibility for any returns that are lost or that were left at dropboxes or without proof of return. Please obtain proof you started your return by getting a receipt in case your package is lost. You should use international carriers that allow tracking and tracing shipments so that you know exactly when your return has reached us.
Depending on where you live, the time it may take for your returned product to reach us may vary.
The risk and burden of proof with respect to a correct and timely return of the products, irrespective of the reason for such return, lies with the buyer.
Packages postmarked after 14 days from receipt of the return authorization label, items received with no tags attached, or without return authorization label, or in worn/damaged condition will not be accepted. These returns will be rejected and sent back to the buyer at their own expense.
How we process refunds
After we receive the returned product, our team of professionals will inspect it and process your refund, excluding shipping costs and transaction fees. The money will be refunded to the original payment method you’ve used during the purchase. Note that it may take 30 business days after we receive the returned item for a refund to show up on your account or credit card statement.
In order to be eligible for a refund
- you have to return the product within 14 days of receipt of the return authorization label;
- the product must be unopened and in its original condition with all original tags attached;
- the product must be unworn, unwashed, unaltered, unused and undamaged in any way;
- the product must have the proof of purchase; and
- the shipment must have a return authorization label.
Any returns that show signs of use will be charged a 10% restocking fee. Returned items that require deep cleaning, like items with pet dander or stains, will be charged a €50 fee. Any damaged or soiled item is subject to receiving the refund in the form of store credit based on the condition of the item. These restocking fees will be deducted from the return amount.
If you haven’t received a refund, first check your bank account again or contact the card issuer. If you’ve done all of this and you still have not received your refund yet, please contact us.
Without prejudice to other provisions in our Terms, the shop’s liability for loss suffered by the buyer will be limited to the provisions of this section.
The shop will not be liable for any loss, of whatever nature, caused by the shop having used incorrect and/or incomplete data provided by or on behalf of the buyer.
The shop will never be liable for any consequential loss (indirect loss) suffered by the buyer. Consequential loss is understood to include loss of profits, losses suffered and costs incurred, as well as missed orders and lost savings, loss due to interruptions of production or operations or stagnation.
Should the shop be liable for any loss, the shop’s liability will be limited to no more than the invoice value of the relevant contract, or to the part of the contract to which the liability pertains.
The limitations of liability included in this section will not apply if and insofar as the shop’s liability for the relevant loss is insured and payment is made under the relevant insurance policy. If the shop has taken out such insurance, it will not be obliged to enforce any rights under this insurance if it is held liable by the buyer.
The shop stipulates all statutory and contractual defences which it may invoke in order to shield itself from its own liability towards the buyer, also on behalf of its subordinates and the non-subordinates for whose actions it is liable pursuant to the law.
A situation of force majeure exists on the part of the shop if the shop is prevented from meeting its obligations under the contract as a result of circumstances that occurred through no fault or beyond the control of the shop. Situations of force majeure include, but are not limited to, war/danger of war, terrorism or threat of terrorism, civil war, rioting, revolution, wilfull damage, fire, water damage, flooding, government measures, import and export barriers, defects in machinery, work strike, sit-down strike, limited transport possibilities due to weather conditions and traffic congestion, suppliers and/or subcontractors of the shop and/or other third parties engaged by the shop failing to meet their obligations (or failing to do so in time) and failures in the supply of energy and water. Without prejudice to the shop’s other rights, the shop will, without any notice of default being required and without being obliged to pay any compensation, be entitled to dissolve all or part of the contract if it is temporarily or permanently impossible for the shop to properly perform all or part of the contract due to a situation of force majeure, or to suspend the (further) performance of the contract for the duration of the situation of force majeure.
Intellectual property rights
The shop and the suppliers reserve all intellectual property rights to the offers, order confirmations, designs, images and drawings provided, images, drawings, catalogues and/or brochures published on the website, and to the products delivered within the framework of the contract, and such like, irrespective of whether costs for the manufacturing thereof have been charged to the buyer. Without the shop’s express prior permission in writing, such data and items may not be copied, used or shown to third parties.
Buyers are not allowed to remove or change any designation of copyrights, brands, trade names or other intellectual or industrial property rights or labels from the items referred to in this section.
Buyers may also not use any trademark, copyright or copyrighted materials, images, models or other intellectual property of the shop or the designers without first obtaining the shop’s written permission to do so. Further, buyers may not use the shop’s company name, logo, trademarks or copyrights in a manner that implies a sponsorship or endorsement by the shop, or hold themselves out as an affiliate of the shop or any of its brands. This policy applies to agents of the shop and buyers as well.
Any deviations from and supplements to the purchase contract, the order and/or the terms and conditions will only be valid if they have been agreed upon in writing.
The shop is entitled to transfer its rights and obligations arising from the contract to a third party. If this situation arises, buyers state that they are giving permission for this.
Governing law and competent court