Terms of service

General Terms and Conditions (GTC) of Kombuchery GmbH

1. Scope

1.1 These General Terms and Conditions (“GTC”) of Kombuchery GmbH, Torstraße 105-107, 10119 Berlin (hereinafter “Kombuchery”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with Kombuchery via the online shop on one of the country-specific Kombuchery websites (e.g. www.kombuchery.de, www.kombuchery.at, www.kombuchery.ch) or other sales channels (e.g. Amazon). Deviating terms and conditions of the Customer shall not be recognized unless Kombuchery expressly agrees to their applicability.

1.2 A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

1.3 The subject matter of the contract may include both one-time deliveries and recurring deliveries (subscription contracts) of goods.

2. Accessibility

2.1 Pursuant to Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website and/or our service in electronic commerce complies with the accessibility requirements of the relevant regulation (BFSGV). This information is accessible on our website via a separate, appropriately designated button (e.g. “Accessibility Statement” or similar designation) and includes in particular the following points:

a description of the applicable accessibility requirements;
a general description of the service in an accessible format;
descriptions and explanations necessary to understand how the service is provided;
a description of how the service complies with the relevant accessibility requirements.

2.2 The contact details of the competent market surveillance authority are as follows:

Market Surveillance Authority of the Federal States for the Accessibility of Products and Services - Institution under Public Law
(MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Germany
Telephone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de

2.3 We may use Artificial Intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech-related, cognitive and neurological impairments. Further details can be found under the separate, appropriately designated button referred to in paragraph 1.

2.4 Our website and/or our service in electronic commerce is accessible if it can be found, accessed and used by people with disabilities in the generally customary manner, without particular difficulty and, in principle, without assistance from others.

2.5 Measures to implement the accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for different devices (smartphones, tablets, desktop computers, etc.).

3. Conclusion of the Contract

3.1 The subject matter of the contract is the sale of goods.

3.2 By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

3.3 The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.

After clicking the “Checkout” or “Continue to Order” button (or a similar designation) and entering your personal data as well as the payment and shipping details, the order details will finally be displayed to you as an order overview.

If you use an instant payment system as the payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the corresponding selection and/or enter your data there.

Finally, the order details will be displayed to you as an order overview on the website of the instant payment provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to check and amend the information in the order overview again (including by using the “back” function of your internet browser) or to cancel the order.

By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order subject to payment”, “pay” / “pay now” or similar designation), you legally declare acceptance of the offer, thereby concluding the contract.

3.4 The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.

3.5 When selecting a subscription, the Customer submits an offer for regular delivery at the selected interval. The subscription may be paused at any time. The provisions under Section 7 apply to termination.

3.6 The contract language is German. The contract text is not stored beyond what is required by law.

4. Right of Withdrawal

Consumers have a statutory right of withdrawal. Further information can be found in Kombuchery’s withdrawal policy.

Please note: The return of opened or damaged units of 6 bottles is excluded for hygiene, labeling-law or product-specific reasons.

A SEPA chargeback does not constitute a withdrawal and causes unnecessary costs that must be borne by the Customer.

5. Prices and Payment Terms

5.1 The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2 Shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

5.3 If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by financial institutions), which must be borne by you.

5.4 Costs incurred for money transfers (transfer or exchange rate fees charged by financial institutions) must be borne by you in cases where delivery is made to an EU Member State but payment is initiated from outside the European Union.

5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6 Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

5.7 For subscriptions, payment is charged at regular intervals using the selected payment method. The Customer must ensure sufficient account coverage.

Payment via “PayPal” / “PayPal Checkout”

If a payment method offered via “PayPal” / “PayPal Checkout” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available via “PayPal” are displayed under a correspondingly designated button on our website and during the online ordering process. PayPal may use other payment services for payment processing; where special payment terms apply, you will be informed separately.

Payment via “Shopify Payments”

If a payment method offered via “Shopify Payments”, the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), is selected, payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The individual payment methods available via Shopify Payments are displayed under a correspondingly designated button on our website and during the online ordering process. Stripe may use other payment services for payment processing; where special payment terms apply, you will be informed separately.

6. Delivery and Shipping

6.1 Delivery is made to the address specified by the Customer.

6.2 The delivery conditions, delivery date and, where applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.3 Even though most deliveries are made unrefrigerated, we ask you to ensure that food products can, where possible, be accepted on the first delivery attempt. Alternatively, permission to leave the parcel in a designated location may be granted or a different delivery address may be provided.

6.4 For deliveries to non-EU countries, customs duties, taxes or fees may apply, which must be borne by the Customer.

6.5 If a shipment is returned to us for reasons within the Customer’s area of responsibility, e.g. refusal to accept the delivery or failure to collect it in due time from a parcel shop or parcel locker, we reserve the right to charge a reasonable processing fee. This serves to compensate for the costs actually incurred for return shipping, storage and renewed processing.

The processing fee applies both in the event of a requested reshipment and in the event of a refund:

In the case of reshipment, the fee is charged in addition to the regular shipping costs of the respective delivery country. In this case, free-shipping promotions (e.g. above a certain order value) do not apply again.
In the case of a refund, the processing fee is deducted directly from the refund amount.

The exact amount of the processing fee will be communicated transparently to the Customer in advance.

6.6 If you are a consumer, it is provided by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the entrepreneur or another person otherwise appointed to carry out the shipment.

If you are an entrepreneur, delivery and shipment are made at your risk.

7. Contract Term and Termination of Subscriptions

Subscription contracts run for an indefinite period and may be terminated by the Customer at any time after the 2nd delivery via the channels provided in the shop (e.g. by email or termination button).

The subscription may be paused at any time.

In the case of written termination by email, please note that processing requires at least two business days. To ensure that an upcoming delivery can still be stopped, we recommend self-termination via the customer account.

Any termination must be declared and submitted either in text form (e.g. email) or via the termination button integrated into our website (“Terminate contracts here” or a similar designation).

The right to extraordinary termination for good cause remains unaffected.

8. Provision of Services for Vouchers (Voucher Terms)

8.1 Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the legal notice.

8.2 Purchased vouchers entitle you to redeem the credit represented by the voucher with us within the validity period. Vouchers may only be redeemed in our online shop at www.kombuchery.de or, where stated, in our local retail store. The service description and redemption conditions described there at the time the voucher is purchased apply.

8.3 The validity period of the voucher is 3 years from purchase until the end of the calendar year, unless a different validity period is stated in the respective offer.

8.4 Full payment of the purchase price of the voucher is a prerequisite for redemption. The voucher must be redeemed as part of the electronic ordering process on our website by entering the voucher code in the designated input field. Subsequent offsetting is excluded. Any remaining balance remains on the voucher and may be used for further orders.

8.5 Only one voucher may be redeemed per order.

8.6 After expiry of the withdrawal period or expiry of the right of withdrawal for consumers, no refund or exchange will be made. Payment / partial payment of voucher amounts in cash is not possible. No interest is paid on voucher credit. If the statutory right of withdrawal is exercised for goods or services paid for using the voucher, the voucher amount included in the purchase price will only be credited back as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

8.7 The voucher may be passed on or transferred to another person.

9. Promotional Vouchers

Promotional vouchers may only be redeemed within the stated period and only for specified products. They are non-transferable, non-redeemable for cash and do not bear interest. Subsequent offsetting or redemption after the purchase is excluded.

10. Right of Retention, Retention of Title

10.1 You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

10.2 The goods remain our property until the purchase price has been paid in full.

10.3 If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer by way of security of the goods subject to retention of title is not permitted prior to the transfer of ownership.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you fail to duly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event that the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake, at your request, to release the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

11. Warranty

11.1 The statutory rights relating to liability for defects apply.

11.2 As a consumer, you are requested to inspect the goods upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

11.3 Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

11.4 If you are an entrepreneur, the following applies by way of derogation from the above warranty provisions:

a) Only our own information and the manufacturer’s product description shall be deemed agreed as the characteristics of the goods, but not other advertising, public promotional statements or statements made by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by repair or replacement delivery. If the remedy of the defect fails, you may, at your discretion, request a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after the second unsuccessful attempt unless, in particular, the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we are not required to bear increased costs resulting from moving the goods to a location other than the place of performance, provided that such relocation does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

to damage attributable to us and culpably caused by injury to life, body or health and in the case of other damage caused intentionally or by gross negligence;
insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
to goods that have been used for a building in accordance with their customary use and have caused the building to be defective;
to statutory rights of recourse that you have against us in connection with defect rights.

12. Liability

12.1 Kombuchery shall be liable without limitation for damage caused by its own fault in cases of intent and gross negligence, as well as for damage resulting from injury to life, body or health and in accordance with the German Product Liability Act.

12.2 In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical of the contract.

12.3 Any further liability – in particular for indirect damage, loss of profit or consequential damage – is excluded. The limitations of liability also apply for the benefit of Kombuchery’s legal representatives, employees and vicarious agents.

13. Data Protection

The respective current privacy notices apply and are available at https://kombuchery.de/policies/privacy-policy or on the corresponding page of your regional Kombuchery website.

14. Amendments to the GTC

Kombuchery reserves the right to amend these GTC subject to six weeks’ notice. The amendments will be communicated by email. If the Customer does not object within six weeks, the amended GTC shall be deemed accepted. The Customer will be separately informed of the right to object.

15. Choice of Law, Place of Performance, Jurisdiction

15.1 German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of their habitual residence (principle of favorability).

15.2 The place of performance for all services arising from our business relationships and the place of jurisdiction shall be our registered office insofar as you are not a consumer but rather a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual place of residence is unknown at the time legal proceedings are initiated. The right to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

15.3 The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

16. Dispute Resolution

Kombuchery is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

II. Customer Information

1. Identity of the Seller

Kombuchery GmbH
Torstraße 105-107
10119 Berlin
Germany

Email: imprint@kombuchery.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for making corrections are governed by the provisions entitled “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1 The contract language is German.

3.2 We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1 The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.

5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6 Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

6.1 The delivery conditions, delivery date and, where applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2 If you are a consumer, it is provided by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the entrepreneur or another person otherwise appointed to carry out the shipment.

If you are an entrepreneur, delivery and shipment are made at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the provision entitled “Warranty” in our General Terms and Conditions (Part I).

8. Contract Term / Termination

Information on the term of the contract and the termination conditions can be found in the provision entitled “Contract Term and Termination of Subscriptions” in our General Terms and Conditions (Part I) as well as in the respective offer.