TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. INTRODUCTION

Latest version: Jan 3rd 2023

This document sets out, together with all the documents mentioned therein, the terms and conditions governing (i) the use of this site, respectively www.klushop.com (hereinafter referred to as "Klushop" / "site" / orders through this site (hereinafter referred to as "Terms") and (ii) the sales of KLU DESIGN INTL SRL products using Klushop.

Please read our Terms and Conditions, as well as our Privacy Policy, before using the Website and placing orders through it. By accessing the website www.klushop.com and by using this site and / or placing an order through it, you expressly acknowledge the terms and conditions of the Privacy Policy and undertake to abide by them.

If you do not fully accept the Terms and Privacy Policy, please do not use this site. These Terms may be amended. You are responsible for reading these Terms in full when placing an order, as the Terms and Privacy Policy in effect will apply at the time of the relevant contract term (as defined below) or when you use this Site.

If you have any questions regarding the Terms or Privacy Policy, you can contact us at any time using the Contact page.

All terms herein are construed as expressed in calendar days. If the last day of the deadline is a non-working day, the deadline is therefore extended until the first working day thereafter.

2. OUR DATE

The sale of products through this website is carried out under the name of "Klushop" by, KLU DESIGN INTL S.R.L., Romanian legal person, with the registered office in Str. Ion Marcu Nr. 25-27, Et. 1, Ap. 7, Sector 6, Bucuresti, ROMANIA, with the order number in the Trade Register J40/5188/2018, unique fiscal registration code 39192050.

3. YOUR DATA AND YOUR VISIT ON THIS WEBSITE

The personal information or data you provide to us will be processed in accordance with the Privacy Policy and with the specifications contained in the "Terms" section. By using this site and/ or purchasing a product through www.klushop.com, you expressly and unequivocally consent to the processing of this information and data and declare that all information and data you have provided to us is true and that you have obtained the prior written consent of the owner of the information and/ or data if the information and data you provide to us through the site do not belong to you.

Any personal data such as: your name, address, telephone number or e-mail address that you transmit on the Site by electronic mail or by other means will be used in accordance with the Privacy Policy (Access is made through the Site).

Any other communications or materials you submit on this Site, such as questions, comments, suggestions or other such messages will be considered as non-confidential and unprotected by certain intellectual property rights.

4. USE OF THIS SITE

By using this site and/ or placing any product order through it, you are required to:

1. Use this site exclusively to submit legitimate questions or to place legitimate orders.
2. Do not commit any fraud or any other fraudulent activity. If we have good reason to believe that you have placed such an order, we will have the right to cancel the order and inform the competent authorities accordingly.
3. Provide us with a correct email address, postal address and/ or other accurate contact information. You also agree to use this information to contact us if necessary (see our Privacy Policy).

If you do not provide us with all the information we need, you may not be able to complete your order.

By placing an order through the site, you declare that you are over the age of 18 and have the legal capacity to enter into contracts.

5. AVAILABILITY OF THE SERVICE

The products offered on this site are available for delivery in the European Union and International according to the list of countries displayed on the checkout page.

6. HOW TO CONCLUDE THE CONTRACT

The information provided in the "Terms and Conditions" section contained in this website does not constitute a sale offer, but an information that must be agreed upon for a proper browsing or shopping experience. There will be no contract between you and us regarding any product until your order is expressly accepted by us. If we do not accept your offer and the amounts of money have been withdrawn from your account, they will be refunded in full.

To place an order, you must follow the online purchase procedure and click "Payment Authorization". After that, you will receive an email from us confirming receipt of your order ("Order confirmation"). Please note that this does not mean that an order has been accepted because your order is an offer you make for the purchase of one or more products from us. We will send you an electronic confirmation of the shipment of the product ("Confirmation of shipment"). All orders are subject to acceptance by us and our acceptance is confirmed when the confirmation of the delivery of the product is recorded in the electronic log of our shipping provider ("Confirmation of delivery") for the products mentioned in the Confirmation of shipment. The contract between us regarding the purchase of a product (the "Contract") is concluded only when the Delivery Confirmation is registered.

The contract will refer only to the products listed in the Shipping Confirmation. We will not be required to deliver any other products that were or could be part of your order until the delivery of the product has been confirmed by a separate delivery confirmation.

7. PRODUCT AVAILABILITY

All product orders depend on the availability of the products in our stock. We do not guarantee the fulfillment of all orders according to the information on the site. Some products may not be available, even if they appear in stock on the site. In this regard, in case of difficulties of supply or if the products are no longer in stock, we reserve the right to inform you about a new delivery term or about the replacement products of equal or superior quality and value you can order. If you do not accept the new delivery time or you do not want to order these replacement products and if we have already received payment for the ordered products, we will refund the full amount of money you paid.

8. REFUSAL OF THE ORDER PROCESS

We reserve the right to remove any product from this site, at any time, in a discretionary manner and / or to remove or modify any material or information on this site. Although we make every effort to always process all orders placed, there may be exceptional circumstances that force us to refuse to process an order after sending the order confirmation message and we reserve the right to do so at any time.

We will not be liable to you or any third party for removing any product from this site, removing or modifying any material or content on this site, or for not processing an order after we send you the Order Confirmation.

9. DELIVERY

Subject to the provisions of Article 7 above regarding the availability of the products, unless there are extraordinary circumstances, we will do our best to complete your order with the product(s) mentioned in the Delivery Confirmation by the date specified in the Confirmation or, if the estimated delivery date is not specified, within the estimated timeframe when selecting the delivery method and, in any case, no later than 30 calendar days from the date of order confirmation.

However, delays may occur due to reasons such as production delays, unforeseen circumstances or the delivery area.

If, for a certain reason, we cannot meet the delivery date, we will inform you of this situation and give you the option to keep the order with a new delivery date or cancel the order with the refund of the entire amount paid. Please note that we do not deliver on Saturdays and Sundays. For the purposes of these Terms, delivery is deemed to have taken place or is deemed to have been "delivered" when you or a third party designated by you enters into the physical possession of the products, evidenced by a signature on receipt of the order at of agreed delivery.

If your product order does not reach the estimated delivery time, please contact us using the following details: contact@ klushop.com.

IMPOSSIBILITY OF DELIVERY

If we cannot deliver the products, for reasons that cannot be attributed to us, after two delivery initiatives, we will try to find a safe place to leave the parcel. If we do not find a safe place, your order will be returned to our warehouse. We will inform you in writing about where the package is stored and when you can pick it up. If you will not be available at the place of delivery at the agreed time, please contact us to set a different delivery date. If you want our courier provider to make a third delivery attempt, you will be required to pay an additional fee.

After 10 calendar days from the date your order is ready for delivery, but has not been delivered due to the fact that no one is available to accept the product (s) at the delivery address, we will consider that you wish to terminate the Contract and it will be considered as concluded. As a result of the termination of the agreement, we will reimburse all payments received from you, except delivery costs and payment gateway processing fees, without any undue delay and, in any case, no later than 30 calendar days from the date we consider this agreement concluded.

Please note that storing, transportation and resuming delivery resulting from termination of the Contract may entail an additional cost and we will be entitled to transfer this cost to you.

10. RISK OF TRANSFER AND PROPERTY RIGHTS ON PRODUCTS

All product risks (including losses and damages) will be transferred to you upon delivery, when you or a third party designated by you, other than the courier, will be in physical possession of the products.

The ownership of the products will not be transferred to you until we receive full payment of all amounts due for the products, including delivery or delivery costs (as defined in Article 9 above), whichever comes last. The right of ownership of the products rests with us immediately if we return such payment.

 

 

11. PRICE AND PAYMENT

The price of each product will be the one mentioned periodically on our site, unless there is an obvious error. While we make sure that all prices on our site are correct, errors may occur. If we discover a price error with any product(s) in your order, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact you, the order will be considered void and, if you have already paid for the product(s) in question, we will refund the entire amount paid.

We have no obligation to sell a product at an incorrectly lower price (even if you have received confirmation from us of delivery) if the price error is obvious, unmistakable and can reasonably be identified by you as a mistake.

The prices displayed on our website include VAT, but do not include delivery costs, which will be added to the total amount due, as specified in the Shopping Cart Summary.

Prices can be reviewed at any time, but (with the exceptions listed above), no potential change will affect any of your orders for which an order confirmation has already been sent, before changing the price.

Once you have selected all the products you want to buy and add them to your cart, the next step is to complete the order and make the payment. To do this, you must follow the steps in the procurement process by completing or verifying the information required at each step. In addition, during the purchase process, before you can make the payment, you can change the details of your order.

Klushop payments with a bank card are powered by MobilPay, a payment gateway company in Romania that uses the 3D Secure trading environment for all transactions.

3-D Secure is an XML-based protocol designed to be an additional security layer for online credit and debit transactions. It has been implemented by Visa with the intention of improving the security of Internet payments and is offered to customers under the name Verified by Visa. Protocol based services have also been adopted by MasterCard as MasterCard SecureCode. To learn more about 3D Secure, visit https://en.wikipedia.org/wiki/3-D_Secure.

You can pay by credit or debit card Visa and Mastercard. To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will request a pre-authorization of your card to ensure that there are sufficient funds to complete the transaction.

If you click on "Payment Authorization", you confirm that the said card is yours. You will be solely responsible for any incidents and damages caused to us or to third parties if you provide us with banking data that does not belong to you.

Credit cards are subject to validation and authorization checks by the issuing institution. If we do not receive the necessary authorization, we will not be liable for any delay in the delivery of the ordered products or, as the case may be, the failure to deliver them and, consequently, we will not be able to conclude any contract with you.

We operate in the currency displayed on the website and will not charge any additional fees or costs. If the amounts withdrawn from your credit card or refunded on it differ from the price displayed at the end of the order or with the confirmed amount to be refunded, contact the bank for more information about the bank charges taken for such a transaction.

12. FEES

International orders are shipped as DAP. DAP means the buyer takes on financial responsibilities. In delivered at place (DAP) agreements, the buyer is responsible for paying import duties and any applicable taxes, including clearance and local taxes, once the shipment has arrived at the specified destination. Customs fees and additional taxes may vary according to the country you reside in. It is the customer's responsibility to cover costs to receive the package(s).

For EU Deliveries to natural persons - all prices quoted on our site include VAT. Deliveries within the EU are free of customs duties.

For International Deliveries - you will be responsible for assuring that any products you order comply with any state and federal government import regulations. Orders valued above the customs threshold of the country of delivery may be subject to import duties, which are levied by the country of delivery border control at the time the order arrives in your country. If your order is over the threshold and liable for import duties, you shall pay them upon the arrival of your order in the country of delivery.

 

13. RETURN POLICY.
14. Right of withdrawal

Right of withdrawal

If you enter into this agreement as a consumer, you have the right to withdraw from the contract within 14 calendar days, without giving any reason (unilateral termination of the contract).

The withdrawal period will expire after 14 calendar days from the day you or a third party designated by you, other than the carrier, entered into possession of the product(s). If you order more products to be delivered separately, the withdrawal period expires after 14 calendar days from the day you or a third party designated by you, other than the carrier, enters into possession of the last product.

In order to exercise the right to unilaterally terminate the contract, you must inform us in writing, by sending an e-mail to the address: contact@klushop.com.

In order not to exceed the withdrawal deadline, it is sufficient to send us the Return Info where you exercise your right of withdrawal before the deadline expires.

The effects of withdrawal

If you unilaterally terminate this Agreement, we will promptly reimburse you for payments received from you, excluding delivery costs. For a refund that includes duties, taxes and tariffs, Klushop cannot help with your return. Please contact your local authorities to obtain information on how to get a refund on duties, taxes or tariffs. In any case, the refund will be made within 30 calendar days from the date on which you notified us of the decision to withdraw from this agreement.

For payments made with the bank card - we will refund the amounts directly to the bank account associated with the card with which you made the initial payment. In any case, you will not have to pay any fees following this refund.

Despite the above, we may defer refund until we receive the products from you, and validate the comply with the return conditions.

You are solely responsible for reducing the value of products resulting from handling / transport - other than those necessary to determine the nature, characteristics and operation of the products.

Your right to unilaterally terminate this Agreement applies only to ordered products that are returned in the same condition in which you received them, as set forth below.

 

 

2. The right to change your mind

Klushop will provide you with a period of 30 calendar days to change your mind, from the day you or a third party designated by you, other than the carrier, entered into possession of the product(s), the period in which you must inform Klushop on your decision by filling out the Return Info and making sure the product reaches us.

Your right to unilaterally terminate this Agreement applies only to ordered products that are returned in the same condition as you received them, as set out below.

3. Common provisions

Return any product using or containing the original packaging. You also have to send us all the boxes, labels, instructions / documents (if any) and the original packaging along with the returned product.

The amounts paid will not be refunded if the product has been used after its unsealing, if it is not in the same condition as it was delivered or if it has been damaged, if it does not contain the original labels. As a result, you should be careful about handling the products while in your possession.

For clarity, in order to accept the return of the products, for whatever reason, they must be in the same condition as they were delivered to you (they must have the original labels, they will not be used, worn or damaged; the integrity of the accompanying documents must be maintained). The package must also contain the Return Info, filled in with all necessary information.

For products whose packages show visible damage upon receipt by courier, we recommend that you refuse their receipt.

The courier returns

When you return one or more products through a courier, you must contact us, by email at contact@klushop.com to inform. You must send the product to same package as the one received, following the instructions in the "Return Policy" section of this website.

You will be responsible for the costs of the return.

We will fully review the returned product and inform you of the right of refund (if any).

We will refund the amounts paid by you as soon as possible, without undue delay and, in any case, no later than 30 calendar days from the date on which you have notified us of your intention to unilaterally terminate the Agreement by completing the Return Application Form. Without prejudice to the above, we may defer reimbursement until we receive your products or until you prove that you have returned the products and we acknowledge such proof, whichever comes first.

We will refund the amounts directly to the bank account associated with the card with which you made the initial payment.

If you have any questions, please contact us by email at contact@klushop.com.

14. WARRANTIES, LIABILITY AND DISCLOSURE OF LIABILITY

The use of this site is entirely your responsibility. KLU DESIGN INTL SRL and its partner companies, affiliates, officials, directors, agencies or any other party involved in the design, production or offering of the site are not responsible for direct or indirect damages, of any kind, which would result from or in connection with use of this site or its continuity.

KLU DESIGN INTL SRL assumes no responsibility and will not be liable for any damages or viruses that could infect your computer or other goods as a result of accessing or using this site, or downloading any material, information, text, video or audio from this site.

Unless otherwise stated in these Terms, our liability in respect of any product purchased through our website is strictly limited to the purchase price of the product and its delivery.

You will not be able to invoke our liability if the failure to deliver the ordered products or the failure to fulfill any of the obligations assumed by us in accordance with these "Terms" is the consequence of the occurrence of a force majeure event regulated in article 22 below.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained from this site, unless expressly provided for on this site.

All product descriptions, information and materials published on this site are provided "as is" and without any explicit, implicit or other guarantees, except as provided by law. In this regard, if you conclude the Contract as a consumer or user, we undertake to deliver products that are in conformity with the Contract and to extend liability for any non-compliance that exists at the time of delivery. Products shall be deemed to comply with the Agreement if:

1. they respect the description provided by us and possess the same qualities that we have presented on this website;
2. are suitable for the purposes for which such products are normally used;

The warranty and expiration terms is as mentioned on each product's label, according to each product's manufacturer.

Klushop is not responsible for any faults caused by the customer's failure to comply with product's (s)' instructions.

When requesting the warranty, it is necessary to send the defective product by courier to Klushop at the specified address, in the original packaging, together with the related accessories, a copy of the fiscal invoice and the receipt from the courier, plus a written complaint stating: customer's first and last name, contact phone, the reason for the complaint, the causes supposed to be led to the complaint, the client's claims. In case the products are returned to Klushop not accompanied by these documents, the products can be returned to the applicant / sender without Klushop resolving the warranty request.

The legal deadline for a claim resolution from Klushop is 15 working days after receiving the defective product.

The procedure for complaints related to the package (the product) received by you, related to problems caused by the courier service, by transportation including the lack of conformity of the product is the following, otherwise it will not be taken into account:

- the complaints are sent in advance by email, within 48 hours from the date of receipt of the product by the client (after this term the complaint is no longer valid)

- the product is sent to Klushop by courier, in the original packaging, together with the related accessories, a copy of the fiscal invoice and the receipt from the courier, plus a written complaint stating: first and last name of the customer, telephone contact, the reason for the complaint, the causes supposed to be led to the complaint, the client's claims.

In order to resolve claims and warranties, Klushop may decide: (i) to reject the complaint; (ii) repairing the product claimed at its expense; (iii) granting a rebate; (iv) replacement of the product - if it cannot be repaired, (v) returning the value of the product, if neither repair nor replacement is possible.

No complaint will be taken into consideration if the product has been modified, processed or intervened in any way on it. This listing is not limiting.

The customer is not entitled to claim damages regarding the quality or quantity of the products purchased from Klushop if he has not complied with the above complaint procedure. Nothing in this clause will affect your legal rights as a consumer and / or user or your right to withdraw from the agreement.

15. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, trademarks and other intellectual property rights in all materials or content provided as part of this website will continue to be owned by us or our licensors. You may use this material only with the prior written consent of us or the licensors. This does not prevent you from using this site to the extent that you must make a copy of the data in any order or contract.

Klushop will grant you permission to use the Site under the following conditions:

You may download the Content, but only for personal and non-commercial use and provided that you comply with the information regarding copyright and other intellectual property rights contained in the Content;

You have no permission to distribute, modify, copy (with the exception of the foregoing), to transmit, to exhibit, to reuse, to reproduce, to publish, to authorize, to grant a license to use, to create works derived from, or to transfer, sell or otherwise use the Content, without the written consent of KLU DESIGN INTL SRL;

You are not allowed to use the Site for displaying or transmitting any material that is threatening, false, misleading, abusive, harassing, licentious, slanderous, vulgar, obscene, outrageous, instigating, pornographic or profane, or any other material that may constitute or encourage a conduct that may give rise to an offense, or may lead to civil liability, or otherwise violate the law.

KLU DESIGN INTL SRL will cooperate with any of the designated authorities to enforce the law and will comply with any court ruling which is requesting or ordering KLU DESIGN INTL SRL to disclose the identity of any person who would display or transmit any kind of information or material about it on/ or through the Site; and

It is forbidden to use the Site for advertising purposes or for any commercial demand / offer.

16. VIRUSES, HACKING AND OTHER CYBER INFRINGEMENTS

You are forbidden to abuse this Site by deliberately introducing hardware and software viruses and any other unauthorized software or any material that is harmful or technologically harmful. It is forbidden to attempt any unauthorized access to this Site, the server hosting this Site or any other server, computer or database associated with our Website. You agree not to attack this Site with a "denial of service" (DoS) attack.

By violating this provision, you may commit an offense in accordance with the applicable regulations. We will report such breach to the applicable law enforcement authority and will cooperate with the appropriate authority to disclose the hacker's identity. Also, in the event of such a violation, your right to use this site will cease immediately. We will also take all necessary measures to restrict your access to the Site for as long as permitted by law.

We accept no liability for any loss or damage caused by a denial of service, virus or other software or material that is harmful or technologically harmful to your computer, equipment, data or materials as a result of using this site or downloading content or other sites you redirect to, from this website.

17. LINES FROM THE WEBSITE

Our site may contain links to other sites or third-party materials; such links are provided for informational purposes only and we have no control over the content of such sites and materials. Accordingly, we accept no liability for any loss or damage that may result from the use of such links.

Klushop reserves the right to introduce advertising materials of any kind and / or links on any page of the Site, in compliance with the legislation in force.

18. WRITTEN COMMUNICATIONS AND NEWSLETTERS

The applicable laws require that some information or communications to be sent to you in writing. By using this site, you consent to communicate with us primarily through electronic means. We will contact you via email or provide you with information by posting notifications on our website. For contractual purposes, you agree to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications we send to you by electronic means comply with any legal requirement that communications must be made in writing. This condition does not affect your legal rights.

The subscription and unsubscription to the newsletter of the site www.klushop.com is free and voluntary, and implies the acceptance of the following terms of use:

- The sent messages are not unsolicited and comply with the regulations regarding the electronic commerce in reference to the commercial communication, as they are established by the international legislation.

- Receiving the newsletter implies completing a form by you and unconditional acceptance of the document, if you have not already expressed your agreement. The agreement regarding the receipt of the newsletter can also be given when opening a User account.

- The data collected from you for the purpose of sending the newsletter may be used by Klushop within the limits of the Privacy Policy.

- The renunciation to the receipt of the newsletter by you, can be done at any time as follows: (i) Using the special connection intended for any newsletter received; (ii) By changing the acceptance of receiving the newsletter and using pages from restricted areas, by using the account; (iii) By contacting Klushop, according to the contact information, and without any subsequent obligation of one party to the other or without any party being able to claim damages to the other.

The renunciation of the receipt of the newsletter does not imply the renunciation of the acceptance given for the other aspects of this document.

Klushop reserves the right to select the persons to whom the newsletter will be sent, as well as the right to remove from its database any user who has previously expressed his consent to receive the newsletter, without any subsequent commitment from Klushop or any prior notification thereof.

The use of the newsletter is made under the same conditions of limitation of liability from the point of view of the content, as well as the use of the site is authorized, under the conditions provided by this document. Klushop holds all rights to the content of the newsletter sent to subscribers under the same conditions as those applicable to the information published on the site, in accordance with the provisions of this document.

Subscribers of the Klushop newsletter can send these commercial communications to other persons only on their own responsibility and in the conditions in which they have not modified neither the structure nor the content of the respective messages. Individuals who have received commercial messages from the subscribers of the Klushop newsletter are considered to have been informed in advance by the subscribers about the provisions of this article. In this context, Klushop cannot be held responsible in any way for the actions of its subscribers.

Klushop reserves the right to restrict the access of any subscriber to the newsletter, if it has any reason to believe that the subscriber does not comply with the provisions of this document.

19. NOTICES

Our recommendation is to send us all notifications through email. Subject to the provisions of Article 19 above and unless otherwise stated, we may send you notifications either to the email address or to the postal address you provide when placing the order.

The notification will be considered received and properly communicated as soon as it is published on our site, within 24 hours of sending an email or three days after the date of sending a letter by mail. In order to prove that a notification has been communicated, in the case of the letters, it is sufficient proof that they have been addressed, stamped and sent properly and, in the case of an e-mail, that they have been sent to the specified address of the recipient.

20. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on us, on you and on our and your successors and agents.

We may transfer, assign, subcontract or otherwise dispose of a Contract or any of the rights or obligations arising therefrom at any time during the term of the Contract. In order to avoid any ambiguity, any such transfer, allocation, subcontracting or other alienation will not affect your legal rights as a consumer and will not invalidate, reduce or otherwise limit any warranty you have given us expressly or by default.

21. FORCE MAJOR EVENTS

We will not be held liable or we will not be liable for any breach or delay in the performance of any obligations we have assumed under a Contract, if it is caused by events beyond our reasonable control ("Force Majeure Event").

A force majeure event must include any act, event, failure, omission or accident that is beyond our reasonable control and will include, in particular (without limitation) the following:

1. Any trade union action, including strikes.
2. Civil rebellion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), threat or preparation for war.
3. Fire, explosion, storm, floods, earthquakes, landslides, epidemics or any other natural disaster.
4. Inoperability of railways, maritime transport, air transport, car transport or other public or private means of transport.
5. Inoperability of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions imposed by any government (governments) of any country affecting our operations.
7. Any strike, failure or accident affecting shipping, the postal system or other relevant transportation.

The fulfillment of our obligations under any contract will be considered suspended during the force majeure event and we will benefit from an extension of the term to fulfill our obligations during the force majeure event. We will use our reasonable means to stop the force majeure event or to find a solution by which we can fulfill our contractual obligations despite the force majeure event.

If the force majeure event lasts more than 3 months, our contract will be terminated by law. As a result of the termination of the agreement, we will reimburse all payments received from you, including delivery costs, if applicable, without undue delay and, in any case, within 30 calendar days from the date we consider this agreement. will be terminated.

22. WAIVER

If at any time during the term of the contract we do not insist on strict compliance with the obligations arising out of a Contract or any of these Terms and / or if we fail to exercise any of our rights or to exercise the remedies to which we are entitled under this Agreement or these Terms, this will not constitute a waiver by us of these rights or remedies and this will not exempt you from compliance with the obligations in question.

A waiver on our part of a breach of an obligation will not constitute a waiver on our part of any breach of the obligations arising from the Contract or the Terms.

No waiver of any of these Terms or any rights or remedies arising from the Contract will be made unless expressly stated to be a waiver and you are notified in writing, in accordance with the provisions of the paragraph notification above.

23. PARTIAL CANCELLATION

If a competent authority considers one of these terms to be invalid, illegal or unenforceable or any provision of a contract is invalid, unlawful or unenforceable to a certain extent, the term, condition or provision in question of the other terms, conditions, all others will remain valid to the fullest extent permitted by law.

24. INTEGRALITY OF THE CONTRACT

These Terms and any expressly stated documents constitute the entire agreement between you and us in relation to the subject matter of any Contract and supersede any other agreement, arrangement or any prior written or oral agreement between you and us.

Both, we and you hereby declare that neither you nor we have concluded this Agreement on any statement, commitment or promise made by the other party expressly or implicitly, in any form of oral or written communication, during negotiations between you and us prior to the conclusion of this agreement, except as expressly stated in these terms.

Neither you nor we have the right to seek damages in the event of a false statement made verbally or in writing by the other party before the date of conclusion of any contract (unless such an untrue statement has been fraudulently made), the other party reserves the right to appeal only in case of breach of contract, as provided in these Terms.

25. OUR RIGHT TO CHANGE THESE TERMS

We reserve the right to revise and modify these Terms in a discretionary manner, when we deem appropriate.

KLU DESIGN INTL S.R.L may, at any time and without prior notice, revise these Terms by updating them. You are obliged to abide by any and all such revisions and therefore you will have to visit this page of our site periodically to be aware of the updated Terms and Conditions.

You will be subject to the policies and Terms in force when you use this website or to order products from us if you do not request any modification of these policies and Terms.

You use this site at your own risk. Neither KLU DESIGN INTL SRL, nor its partners, affiliates, directors or managers, nor its agents or third parties involved in the creation, production or delivery of the site are responsible for direct, indirect, punitive, incidental, special, logical or other damages related to the use of this site or the content whether it is based on a contract, strict liability or other way, even with the warning regarding the possibility of such damages.

26. APPLICABLE LEGISLATION AND JURISDICTION

The use of the Website and our Agreements for the purchase of products concluded through this Website will be governed by Romanian law.

Any litigation arising out of or in connection with or in connection with the use of the website contracts will be subject to the non-exclusive jurisdiction of the courts in Bucharest.

If you conclude the contract as a consumer, nothing in this clause will affect your legal rights under the applicable local law.

27. OPINIONS

We encourage your comments and feedback. Send us your comments and suggestions through an email at contact@klushop.com.

By agreeing to these Terms and Conditions of use of the site www.klushop.com, the client takes responsibility for all the consequences arising from the use under these conditions of the site.