Terms of service
General Terms and Conditions of KOMBUCHERY GmbH for tea beverages and accessories offered in connection with these products, supplementary products.
§ 1 General, scope of application
The following General Terms and Conditions regulate the contractual relationship between KOMBUCHERY GmbH, Sybelstraße 7, 10629 Berlin (hereinafter referred to as "KOMBUCHERY") and the customer in the version valid at the time of the order for orders placed by the customer in the online store at www.kombuchery.de and at Amazon. They apply to all deliveries within the Federal Republic of Germany.
(2) "Consumer" in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity (§ 13 BGB).
§ 2 Conclusion of contract
1. the presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog.
2. the customer can submit the offer via the online order form integrated in the KOMBUCHERY online store. After entering his personal data, the customer places a legally binding order of the goods contained in the shopping cart by clicking the button "Buy now".
If the customer selects regular delivery of goods from KOMBUCHERY in the order process at the interval selected by the customer (e.g. weekly or monthly delivery), the customer makes a legally binding offer to conclude a purchase contract for regular delivery of the respective goods/goods by clicking on the button "Buy now". The delivery of the selected goods/goods by KOMBUCHERY shall take place regularly at the respective interval selected by the customer (e.g. weekly or monthly). The contract shall run for an indefinite period of time. The customer may terminate the contract until the day before the next scheduled regular delivery at least in text form according to § 126 b BGB (e.g. by mail or email to firstname.lastname@example.org) with effect for the next delivery scheduled after the interval chosen by the customer. From the day of the next scheduled regular delivery, the cancellation can only be made for the following delivery. KOMBUCHERY may also terminate the contract at any time with effect from the next delivery following the interval chosen by the customer. The customer may also interrupt or pause the delivery for a certain period of time or change the selected interval of delivery (e.g. change from weekly delivery to monthly delivery). The customer, if he has selected the payment method Paypal, can also pause or cancel the regular payment to KOMBUCHERY in his PayPal account, with the same contractual effects mentioned above.
4. KOMBUCHERY will immediately confirm the receipt of the orderer's offer electronically (by email). This order receipt confirmation does not yet constitute an acceptance of the contractual offer. KOMBUCHERY can accept the orderer's offer by a written (letter) or electronically transmitted (email) order confirmation or by delivery of the goods within five days.
Before the binding submission of the order, the orderer can continuously correct all entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can be corrected by returning to previous steps of the ordering process and using the usual keyboard and mouse functions.
6. the contract language is German. The text of the contract, including the general terms and conditions, will be made available to the customer in accordance with the statutory provisions, we do not make any further storage after the conclusion of the contract.
§ 3 Prices, Payment
1. the indicated product prices are final prices, i.e. they contain all price components, including the legal German value added tax. Additional delivery and shipping costs will be indicated separately in the order process before the order is completed.
The customer can pay by credit card, PayPal, bank transfer, instant bank transfer, direct debit or on account. KOMBUCHERY reserves the right to exclude or not offer certain payment methods without further justification. KOMBUCHERY processes all payments through external payment service providers. Namely, these are including but not limited to Stripe, Paypal/Braintree and Klarna.
In case of a contract for the regular delivery of goods by KOMBUCHERY (regular delivery) according to § 2 No. 3 of these GTC, the debit will be made recurrently at the respective selected delivery interval via the payment method selected by the customer, as long as the customer does not terminate the contract.
5. in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Immediately: available in Germany and Austria. Your account will be debited immediately after placing the order.
Purchase on account: Available in Germany and Austria. You have 14 days after sending the order confirmation to pay the invoice to Klarna.
§ 4 Delivery, receipt of goods
1. delivery is made by sending the purchased item to the address provided electronically by the buyer.
2. the delivery takes place only after receipt of payment of the total amount on the account specified in § 3 No. 3 or in the case of credit notes in the sense of § 2 No. 4 and No. 5 of these Terms and Conditions.
3. legal or regional holidays may delay the day of dispatch / delivery. In order to ensure fast delivery of refrigerated products, regional holidays are to be taken into account by the customer by specifying the shipping day in the order process. Due to the perishable nature of refrigerated products, we ask you to ensure that the package is accepted at the first delivery. If this personal acceptance is not possible, a different delivery address can be specified in the order or a delivery permit can be issued to DHL.
§ 5 Right of withdrawal
KOMBUCHERY is entitled to immediately withdraw from the contract with the customer if KOMBUCHERY is not supplied by its own suppliers, or not supplied on time, or supplied with defective quality (raw material defects) despite the conclusion of a congruent hedging transaction. The right of withdrawal does not apply if KOMBUCHERY is responsible for the non-delivery, late delivery or defective delivery. KOMBUCHERY undertakes to inform the customer immediately about the non-availability of the service. Already replaced services, especially a total price already paid by the orderer, will be refunded immediately.
§ 6 Warranty
KOMBUCHERY shall be liable for defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB.
§ 7 Liability
1. KOMBUCHERY shall be liable in case of damages of the customer (a) resulting from injury to life, body or health caused by a breach of duty by KOMBUCHERY or one of its legal representatives or vicarious agents, (b) according to the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation, (c) if KOMBUCHERY or its legal representatives or vicarious agents have caused the damage intentionally or by gross negligence, and/or (d) if the damage has been caused by the breach of an obligation of KOMBUCHERY, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the member regularly relies and may rely (cardinal obligation).
KOMBUCHERY's liability in the cases of paragraph 1, letters (a), (b) and/or (c) is unlimited. In all other cases, the damage shall be limited to the foreseeable damage typical for the contract.
3. in cases other than those mentioned in paragraph 1, the liability of KOMBUCHERY is excluded, regardless of the legal ground.
4. the liability regulations in the above paragraphs shall also apply to a personal liability of the legal representatives, employees and vicarious agents of KOMBUCHERY.
§ 8 Retention of title
The goods remain the property of KOMBUCHERY until full payment has been made.
§ 9 Offsetting
The customer shall only have the right to set-off if the claim put forward for set-off is legally valid.
§ 10 Right of withdrawal for consumers, SEPA chargeback
Please note the information below regarding the right of withdrawal for consumers. We ask that refrigerated goods be returned to us in the original carton. However, a return in a different packaging does not affect the effectiveness of the revocation or the associated rights.
ATTENTION: A SEPA chargeback from your online banking causes unnecessary costs and is not a sufficient revocation. Please just use the normal revocation option - we will refund the money as soon as possible. In the case of a SEPA chargeback, you are obliged to reimburse us for the costs incurred.
§ 11 Data protection
KOMBUCHERY reserves the right to change its terms and conditions with a notice period of at least six (6) weeks before they come into effect.
KOMBUCHERY will announce the respective change by email. At the same time, we will explicitly inform you that the respective amendment will become part of the existing contract between you and KOMBUCHERY if you do not object to this amendment within a period of six (6) weeks from the announcement of the amendment. If you object, the General Terms and Conditions shall continue to apply unchanged. However, according to § 2 paragraph 3. we have the right to terminate the contract with effect for the next delivery due after the interval chosen by the customer. If you do not object to the changes within six (6) weeks after the corresponding notification by e-mail to email@example.com, the changes to the General Terms and Conditions shall be deemed approved. KOMBUCHERY has to inform you explicitly about the possibility of objection and the importance of the deadline.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of KOMBUCHERY. The same shall apply if the customer does not have a general place of jurisdiction in Germany or the EU or if his place of residence or habitual abode is unknown at the time the action is brought. The right to also call the court at another legal place of jurisdiction remains unaffected.