Terms of service

General Terms and Conditions of Kombuchery GmbH

1. Scope of Application
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 business (hereinafter “Customer”) enters into with Kombuchery via the online store 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). Any deviating terms and conditions of the Customer shall not be recognized unless Kombuchery expressly agrees to their validity.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business customer is a natural or legal person or a partnership with legal capacity that, at the time of concluding the legal transaction, is acting in the course of its commercial or self-employed professional activity.

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

2. Conclusion of the Contract
2.1 The presentation of products in the online store does not constitute a binding offer. Rather, it is an invitation to the customer to submit an offer.

2.2 The customer submits a binding offer to enter into a sales contract via the online order form by clicking the “Buy Now” button after completing the ordering process. Kombuchery confirms receipt of the order by email (order receipt confirmation), which does not yet constitute acceptance of the contract.

2.3 The contract is concluded when Kombuchery expressly accepts the order within five days by means of a shipping confirmation, order confirmation, or delivery of the goods.

2.4 When selecting a subscription, the customer submits an offer for regular delivery at the selected interval. The contract is valid for an indefinite period and may be canceled or paused at any time prior to the next scheduled shipment in writing (e.g., via email).

2.5 The language of the contract is German. The contract text is not stored beyond what is required by law.

3. Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. Further information can be found in Kombuchery’s withdrawal policy. Please note: Returns of opened or damaged 6-pack units are not permitted for reasons of hygiene, labeling regulations, or product-specific requirements. A SEPA chargeback does not constitute a cancellation and results in unnecessary costs that must be borne by the customer.

4. Prices and Payment Terms
4.1 All prices include applicable sales tax. Shipping costs are shown separately during the ordering process.

4.2 Accepted payment methods include credit card, PayPal, Klarna, Sofortüberweisung, direct debit, purchase on account, and prepayment. Kombuchery reserves the right to exclude certain payment methods.

4.3 For subscriptions, payments are debited at regular intervals via the selected payment method. The customer is responsible for ensuring sufficient funds are available in their account.

4.4 For Klarna payment methods, Kombuchery transmits the necessary personal data for a credit check. For more details, please refer to Klarna’s Privacy Policy.

5. Delivery and Shipping
5.1 Delivery is made to the address provided by the customer.

5.2 Although most deliveries are made unchilled, we ask that you ensure that food items can be accepted upon the first delivery attempt whenever possible. Alternatively, you may grant permission for the package to be left at your residence or provide a different delivery address.

5.3 For deliveries to non-EU countries, customs duties, taxes, or fees may apply, which are the responsibility of the customer.

5.4 If a shipment is returned to us for reasons within the customer’s control—such as failure to accept delivery or failure to pick up the package from a package shop or pickup station in a timely manner—we reserve the right to charge a reasonable processing fee. This fee is intended to cover the actual costs incurred for return shipping, storage, and reprocessing.
The processing fee applies both in the case of a requested reshipment and in the case of a refund:
- For reshipment, the fee is charged in addition to the regular shipping costs for the respective country of delivery. In this case, promotions offering free shipping (e.g., for orders above a certain value) do not apply again.
- For refunds, the processing fee is deducted directly from the refund amount.
The exact amount of the processing fee is communicated to the customer in advance in a transparent manner.

6. Contract Term and Cancellation for Subscriptions
Subscription contracts are open-ended and may be canceled by the customer at any time after the second delivery using the methods provided in the store (e.g., via email or the cancellation button). If you cancel in writing via email, please note that it takes at least two business days to process your request. To ensure that an upcoming delivery can still be stopped, we recommend canceling the subscription yourself through your customer account.

7. Retention of Title
The delivered goods remain the property of Kombuchery until full payment has been made.

8. Warranty
The statutory rights regarding liability for defects apply.

9. Liability
9.1 Kombuchery is fully liable for damages caused by its own fault in cases of intent and gross negligence, as well as for damages resulting from injury to life, limb, or health, and in accordance with the Product Liability Act.

9.2 In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence, liability is limited to foreseeable damages typical for this type of contract.

9.3 Any further liability—in particular for indirect damages, lost profits, or consequential damages—is excluded. These limitations of liability also apply in favor of Kombuchery’s legal representatives, employees, and agents.

10. Promotional Coupons
Promotional coupons are redeemable only during the specified period and only for certain products. They are non-transferable, non-refundable, and do not accrue interest. Subsequent offsetting or redemption after purchase is not permitted.

11. Privacy Policy
The currently valid privacy policy applies, available at https://kombuchery.de/policies/privacy-policy or on the corresponding page of your regional Kombuchery website.

12. Changes to the Terms and Conditions
Kombuchery reserves the right to amend these Terms and Conditions with six weeks’ notice. The changes will be communicated via email. If the customer does not object within six weeks, the amended Terms and Conditions shall be deemed accepted. The right to object is specifically noted.

13. Governing Law and Jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For customers based outside Germany, mandatory consumer protection regulations of the respective country may apply. If the customer is a merchant, the exclusive place of jurisdiction is Berlin.

14. Dispute Resolution
Kombuchery is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.