Terms and Conditions

1. GENERAL INFORMATION

• 1.1 Products offered for sale (hereinafter the “Products”) through our website www.vegaskolner.com (hereinafter the “Website”) are governed by these general terms and conditions of sale (the “Terms”). 
• 1.2 Vegas Kölner, Inc. (hereinafter “Vegas Kölner”) reserves the right to apply specific contractual estimations (the “Specific Estimations”) to any order (hereinafter “Order” or “Orders”). In such case, the contractual conditions applicable to an Order will be both the Terms and the Specific Estimations, which are intended to be independent and separate contracts from each other. 
• 1.3 The Products are directly sold by Vegas Kölner. To protect the originality and quality, as well as identify the provenance of our products, a passive NFC (Near Field Communication) tag has been inserted in some models. The tag contains no personal information and is not readable at a distance. 
• 1.4 Vegas Kölner is operating under the laws of the State of Nevada with a principal office located in Henderson, Nevada. 

2. TRADE POLICY

• 2.1. The Products are only intended for sale to individuals who are end-user consumers (hereinafter “Customers”). Customers include the individual adult who acts for purposes not related to trade, business or professional activity. 
• 2.2 Vegas Kölner reserves the right not to accept Orders from those who are not “Customers.” 
• 2.3 At any time Vegas Kölner may modify or amend these Terms. Customer will be subject to the Terms in effect at the time their Order is submitted. 
• 2.4 Orders may be for one or more Products, subject to the right of Vegas Kölner to set a maximum quantity that may be ordered by a Customer in any one Order for certain categories of Products. 
• 2.5 Orders from countries not included among those displayed in the delivery addresses definition page will not be accepted. 
• 2.6 No Product will be sent for delivery or distributed to an address containing a PO Box or if it is not possible for Vegas Kölner to identify the individual receiving the Order or its private address. 
• 2.7 All notices which are to be sent out via e-mail pursuant to the Terms, will be sent to the email address provided by Customer at the time Customer registers with the Website. 
• 2.8 Shipping address cannot be modified on any PayPal or Klarna orders. 

3. PURCHASE CONDITIONS

• 3.1 Each Product offered for sale can be selected through a dedicated web frame that will display the photo, the unit price, and the colors and sizes available (where applicable). Applicable sales tax will be displayed at checkout. 
• 3.2 Some products may be displayed on the Website for promotional reasons only and not for sale. Such products are not for sale and may not be purchased. 
• 3.3 Images and colors of Products offered, in some cases may be different than they appear on the Website because of the technical characteristics and resolution of equipment and software used by the Customer. Images and colors, then, must be considered only as indicative, and Customers are responsible for verifying whether the Product matches their expectations with respect to color and texture. Vegas Kölner will not be responsible for any inappropriate images or colors of Products due to the technical characteristics of equipment and software used by a Customer. 
• 3.4 To complete any Orders for the Products selected, the Customer will have to follow the instructions and procedures provided on the Website. 
• 3.5 The Customer is responsible for checking the accuracy of the contents of each Order it places before confirming the Order and the Customer is responsible for filling in the purchase form according to the instructions provided on the corresponding page of the Website. Before completing each Order, Customer will be asked to confirm that Customer carefully read and accepts the Terms and any Specific Estimations. In case of non-acceptance by Customer of the Terms and any Specific Estimations, the Order will not be completed. 
• 3.6 If the Customer wants to make changes or corrections to the Order after confirmation, Customer must contact Customer Care (“Customer Care”) at the email displayed in the “Contacts” section of the Website. A confirmed Order cannot be further modified or cancelled, except as may be expressly provided by the Terms, Specific Estimations or otherwise provided by applicable law. Customer can check an Order status at any time by entering the Customer restricted area on the Website or by contacting Customer Care. 
• 3.7 As soon as Customer submits an Order, it is recommended that Customer download and save or print the Terms prevailing at the time of submission and any Specific Estimations applicable to the Order. Customer will also receive an e-mail confirmation (“Email”) of a received Order containing a summary of information already contained in the order form (i.e. Customer data, shipping method and address, information about each Product purchased, as well as detail of price and delivery rate (the “Data”)). To protect the security and privacy of Customer, the Email does not contain the Data, but provides a link that will grant a more secure download of the Data. 

4. AVAILABILITY AND DELIVERY

• 4.1 Customer acknowledges that stocks of Products offered on the Website are limited. 
• 4.2 Occasionally, some Products may be unavailable. In such instance, Vegas Kölner will inform Customer as soon as possible, and in any event, within forty-eight (48) hours (excluding weekends and holidays) from the date the Order is received by Vegas Kölner. If a Product from the Order is unavailable then the Order will be fulfilled based on the available Product. 
• 4.3 Customer acknowledges that when an Order is sent to the internal unit of Vegas Kölner responsible for fulfilling such Order, an Email will be sent to Customer. Sometimes this Email will be substituted by a shipping notice. Vegas Kölner will send an e-mail to Customer when the parcel containing the ordered Products leaves the warehouse. However, delivery times are not guaranteed and are only estimates. 
• 4.4 Vegas Kölner will use its best efforts to fulfill each Order within ten (2) business days, and in any event, within thirty (30) business days from the date of the Order Confirmation, but does not guarantee to do so. However, Vegas Kölner will not be liable for, nor indemnify Customer from, any claims, losses, or expenses resulting from Vegas Kölner not shipping an Order within any certain timeframes. 
• 4.5 Custom orders are subject to longer delivery times. Vegas Kölner will use its best efforts to fulfill each custom Order within the estimated timeframe, but does not guarantee to do so. Vegas Kölner will not be liable for, nor indemnify Customer from, any claims, losses, or expenses resulting from Vegas Kölner not shipping a custom Order within any certain timeframes. 
• 4.6 Customer may contact Customer Care Service for assistance with any matter relating to delivery. 

5. SHIP TO STORE

• 5.1 If the Customer selects the “Ship To Store” option, the Products ordered may be collected at the Vegas Kölner Boutique chosen from those available at the time of order placement. 
• 5.2 The shipment method is USPS Priority. 
• 5.3. Delivery to the selected Boutique will be within 10 days from the date in which the Customer receives communication via e-mail that the order has been delivered to the carrier. 
• 5.4 For collection of the Products relative to the Order, the Customer must go to the selected Boutique and provide the order number, a current government-issued I.D., and sign the pick up confirmation form. 
• 5.5 The Customer may delegate a third person to collect the order. The delegate must also provide the order number, a current government-issued I.D., and sign the pick up confirmation form. 
• 5.6 The Customer has 15 calendar days after receipt of the Order in the Boutique to collect the Order. 
• 5.7 If the Order has not been collected within the terms indicated in article 5.6, it will be returned back to the warehouse and processed as a return. The value of the Products returned will be credited back to the Customer using the original payment method. 

6. PRICES AND PAYMENT

• 6.1 The prices of Products offered on the Website include applicable sales tax at checkout. 
• 6.2 The prices are quoted in U.S. Dollars 
• 6.3 The total price for each Order will also contain the shipping costs calculated as specified in Article 7 of these Terms. 
• 6.4 The following payment methods are available:
• Credit card (Mastercard, VISA, American Express,  Discover): credit card transactions will be governed by the specific credit card provider’s rules.
• PayPal: PayPal transactions will be governed by PayPal  rules.
• Klarna: Subject to credit check and approval and may be ineligible for purchases of certain product categories. Payment options may vary based on your purchase amount. “Pay in 4” option is available for purchases up to $1000. Three-and six-month payment plans are available for purchases over $750. Klarna loans are made or arranged pursuant to a      California Finance Lenders Law license. For more information, please visit https://www.klarna.com/us/customer-service.
• 6.5 Vegas Kölner reserves the right to change prices of Products offered at any time and without notice. The prices published on the Website at the time an Order is confirmed are the prices that will be applied to such Order, subject to the following sentence. Vegas Kölner, at its sole discretion, may cancel an Order(s) if the published price for any Product is incorrect due to an error and Vegas Kölner shall not be bound by any such pricing error. 
• 6.6 Successful completion of each Order will take place only after verification of Customer’s credit card data and after the authorization to carry out the charge for the Order on such credit card. Customer’s credit card will be charged only after the Order is shipped. 

7. SHIPMENT RATES

• 7.1 Shipment costs will be charged to the Customer in a sum as listed below. Delivery times are not guaranteed and subject to the following: 
• For items located outside our central warehouse currently located in Henderson, NV, allow an additional 2-5 business days for your order to be shipped. 
• Orders will be shipped using USPS delivery service. Orders are processed and delivered Monday through Friday, excluding holidays. 
• At this time, Vegas Kölner only delivers within the continental United States, Hawaii and Alaska. 
• Vegas Kölner cannot be held responsible for unanticipated delivery delays due to circumstances beyond Vegas Kölner’s control. 
• Standard delivery - Free Unless an expedited service is requested, your Order should arrive in approximately 2-3 business days after it has shipped. 
• Express delivery - $25 Your Order should arrive in approximately 1-2 business days after it has shipped. Please note that expedited orders placed after 12:00 noon (PT) Friday, or on Saturday or Sunday will be processed the following Monday, excluding holidays, and should arrive in 1-2 business days after shipping. 
• Next Business Day delivery - $50 Your Order should arrive the next business day after it has shipped. Please note that overnight orders placed after 12:00 noon (PT) Friday, or on Saturday or Sunday will be processed the following Monday, excluding holidays and should arrive the next business day. 
• 7.2 Shipment cost will be displayed, along with other costs related to the purchase, at the end of the order form prior to confirmation of the Order. 
• 7.3 For security reasons, all Vegas Kölner online purchases require a signature upon delivery. If you are unavailable to sign for your package, the driver will leave a door tag on your door, informing you of the delivery attempt with instructions on how to pick up your package. If you are unavailable to sign for your package within the allotted timetable, the package will be returned to Vegas Kölner. 

8. ACCOMMODATIONS

• 8.1 Customer shall check the Products immediately upon delivery to determine compliance with the Order. 
• 8.2 Customer should describe any defects (i.e. packaging shows evidence of tampering, damaged Product, missing Products or items, or Products different than those ordered and/or indicated in the shipment document) in writing directly on the delivery document to be signed by Customer. Except to the extent permitted under applicable laws, once the delivery receipt has been signed and no objection has been raised by the Customer, the Customer may not make any objection to the exterior characteristics of the delivered parcel. 
• 8.3 If one or more Products delivered are different from the ones ordered, or are damaged, Customer must promptly inform Vegas Kölner by contacting Customer Care, except if such defects are described in the delivery document as provided in Article 8.2. In such instance: 
• Customer’s remedies are limited to (i) returning the Product and requesting a replacement Product, (ii) accepting the defective Product, or (iii) if a replacement Product is not available, returning the Order in whole or in part. The customer has no right to any other compensation      or remedy, subject to any mandatory provisions of applicable law.
• If Customer elects to return the Product, Customer Care will provide Customer with a return lable. The Customer will not be charged the shipping costs for any replacement Products, provided they use Vegas Kölner’s preferred shipper, USPS.
• 8.4 In the case of returns, Customer must carefully follow the return procedures established by Vegas Kölner. Vegas Kölner advises Customers to contact Customer Care for guidance and to ship any returns via USPS. While USPS is recommended, Customer is free to choose any other courier service at the Customer’s expense. 

9. PRODUCT RETURNS

• 9.1 All products are Custom and Made-To-Order items and as such are Final Sale items and cannot be returned. In some cases, returns will be accepted on a case by case basis and requests have to be sent to angela@vegaskolner.com. 
• 9.2 In connection with returning Products, if a return is approved, Customer is responsible for return shipping and must include tracking. 
• 9.3 Customer acknowledges that: 
• Customer is responsible for and assumes all risks      relating to shipment, including delays;
• 9.4 Customers are advised to utilize USPS for returning Products. However, Customer may elect to choose to use any courier service at the Customer’s expense. 
• 9.5 In addition to the above, to be a valid and effective return, the following conditions must be met: 
• Products must be returned in original condition and in      the original packaging; and
• if applicable, all tags must still be attached to any      returned Product.
• All returns are subject to Vegas Kölner’s verification that returned Products are still in original condition. 
• 9.7 If a return is made in accordance with all the above conditions, Vegas Kölner will refund Customer with the sum already paid by credit card or to PayPal account as soon as possible, and in any event, within thirty (30) days starting from the time that Vegas Kölner receives and inspects the Customer’s returned Products. Any original shipping charges incurred at the time of purchase are non-refundable. The sums shall be deemed refunded when actually credited in original form of payment not later than the above-mentioned deadline. 
• 9.8 Vegas Kölner will only accept in the manner described above returns or replacement or refund requests solely for Products that were purchased from the Website. Incomplete, damaged, worn, soiled, or altered items will not be accepted and therefore will be sent back to the Customer. 

10. PRODUCT LIABILITY

• 10.1 VEGAS KÖLNER DOES NOT MAKE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AN IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY VEGAS KÖLNER, WITH RESPECT TO ANY PRODUCT. Vegas Kölner shall not be responsible to Customer or to any subsequent user or users for any damage, loss or claim, whether direct, indirect or consequential, whether for injury to property or person, in any matter whatsoever and Customer hereby waives any and all such claims on its behalf and on the behalf of any person or party to whom it transfers the Products. 
• 10.2 In the event any Product does not conform to the Order, Customer’s remedies shall be limited to the remedies described in Article 8.3. Under no circumstances shall Vegas Kölner be liable for claims for any damages, whether direct, immediate, foreseeable, incidental, consequential or special or for any expenses incurred by reason of the use or misuse, sale or fabrication of products which do not conform to the terms and conditions of the Order. 
• 10.3 CALIFORNIA CONSUMERS PROPOSITION 65. California's Proposition 65 entitles California consumers to special warnings for products that contain lead and other chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We value our customers, and hope the following information helps with your buying decisions. 
• WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. For more information on Proposition 65, please click herefor more information on Proposition 65. 

11. APPLICABLE LAW AND DISPUTES

• 11.1 These Terms and any Specific Estimations are governed by the law of the State of Nevada. 
• 11.2 In the event any dispute shall arise related to the Terms, any Specific Estimation, or any Order, such dispute shall be submitted to arbitration in Henderson, NV or Las Vegas, NV. Any arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This requirement to submit to arbitration shall not apply to Customers in New Jersey. To the fullest extent permitted by applicable law, no arbitration with respect to the Terms, any Specific Estimation or any Order shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise 

12. CONTACTS

• For any further information, assistance or complaints, Customers may send an e-mail to: angela@vegaskolner.com.