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, Germany (hereinafter “Kombuchery”), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with Kombuchery via the online shop on any of Kombuchery’s country-specific websites or via other sales channels (e.g. Amazon). Any terms and conditions of the Customer that deviate from these GTC shall not be recognised unless Kombuchery expressly agrees to their applicability.

1.2 For the purposes of the following provisions, a consumer 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 partnership with legal capacity who, when entering into a legal transaction, acts in the course 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 (Barrierefreiheitsstärkungsgesetz – German Accessibility Improvement Act), we provide information on how our website and/or our e-commerce service complies with the accessibility requirements of the applicable regulation (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. “Accessibility Statement” or similar wording) on our website and includes, in particular, the following:

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 applicable accessibility requirements.

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

Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen – Anstalt öffentlichen Rechts
(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 specialised tools to implement accessibility requirements on our website. These measures are intended to address a wide range of potential disabilities and impairments, including visual, auditory, physical, speech-related, cognitive and neurological impairments. Further details can be found via the separate, appropriately labelled button on our website referred to in Section 2.1.

2.4 Our website and/or e-commerce service is considered 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 implemented to meet accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrast, navigation by mouse and keyboard, alternative text for images, subtitles and audio descriptions for videos (where videos are embedded on the website), easily readable and understandable language, compatibility with commonly used 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 a binding offer to conclude a contract via the online shopping cart system under the terms and conditions specified in the product description.

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

The goods you intend to purchase are placed in the “shopping cart”. You can access the shopping cart using the corresponding button in the navigation bar and make changes to it at any time.

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

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

If you are redirected to the respective instant payment system, you will make the appropriate selections and/or enter your information there.

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

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

By submitting the order using the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with obligation to pay”, “pay” / “pay now” or similar wording), you legally accept 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 is carried out by email, in part automatically. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically possible and, in particular, that emails are not blocked by spam filters.

3.5 When selecting a subscription, the Customer submits an offer for recurring deliveries at the selected interval. The subscription may be paused at any time. The provisions set out in Section 7 apply to cancellation.

3.6 The contractual 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: Returns of opened or damaged 6-pack units are excluded for hygiene, labelling or product-specific reasons.

A SEPA chargeback does not constitute a withdrawal and causes unnecessary costs, which shall 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 an appropriately labelled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition to the purchase price unless free shipping has been expressly offered.

5.3 For deliveries 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 (bank transfer or exchange-rate fees), which must be borne by you.

5.4 Any money transfer costs incurred (bank transfer or exchange-rate fees) must also be borne by you 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 displayed via an appropriately labelled 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 is responsible for ensuring sufficient funds are available.

Payment via “PayPal” / “PayPal Checkout”

If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment is processed by 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 via an appropriately labelled button on our website and during the online ordering process. PayPal may use additional payment service providers to process payments; where special payment terms apply, you will be informed separately.

Payment via “Shopify Payments”

If you select 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), payment is processed by 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 via an appropriately labelled button on our website and during the online ordering process. Stripe may use additional payment service providers to process payments; 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 any applicable delivery restrictions can be found via an appropriately labelled button on our website or in the respective offer.

6.3 Although most deliveries are made without refrigeration, we ask you to ensure, where possible, that food products can be accepted on the first delivery attempt. Alternatively, you may provide authorisation to leave the parcel in a designated location or specify a different delivery address.

6.4 Deliveries to countries outside the EU may be subject to customs duties, taxes or fees, which must be borne by the Customer.

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

The processing fee applies both where the Customer requests reshipment and where a refund is requested:

In the case of reshipment, the processing fee will be charged in addition to the regular shipping costs applicable to the respective country of delivery. Free-shipping promotions (e.g. free shipping above a certain order value) will not apply again in this case.

In the case of a refund, the processing fee will be 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, the law provides that the risk of accidental loss and accidental deterioration of the goods during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a carrier not designated by the entrepreneur or another person designated to carry out the shipment.

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

7. Contract Term and Cancellation of Subscriptions

Subscription contracts are concluded for an indefinite period and may be cancelled by the Customer at any time after the second delivery using the options provided in the shop (e.g. by email or via the cancellation button).

The subscription may be paused at any time.

For cancellations submitted in writing by email, please note that processing requires at least two business days. To ensure that an upcoming delivery can still be stopped, we recommend cancelling directly via your customer account.

Any cancellation must be declared and submitted either in text form (e.g. by email) or via the cancellation button integrated into our website (“Cancel contracts here” or similar wording).

The right to terminate the contract without notice 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 the contact details provided in our Legal Notice.

8.2 Purchased vouchers entitle you to redeem the credit represented by the voucher with us within the applicable validity period. Vouchers may only be redeemed in our online shop on the respective country-specific Kombuchery website or, where indicated, at our local retail store. The service description and redemption conditions stated at the time the voucher is purchased shall apply.

8.3 The voucher is valid for three years from the date of purchase until the end of the respective calendar year, unless a different validity period is specified 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 during the electronic ordering process on our website by entering the voucher code in the designated field. Subsequent crediting against an order is excluded. Any remaining balance will remain on the voucher and may be used for subsequent orders.

8.5 Only one voucher may be redeemed per order.

8.6 After expiry of the withdrawal period or expiry of the consumer’s right of withdrawal, no refund or exchange will be made. Full or partial cash payment of voucher amounts is not possible. No interest is paid on voucher balances. If the statutory right of withdrawal is exercised in respect of goods or services paid for using the voucher, the portion of the purchase price paid by voucher will be credited exclusively in the form of a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the original order.

8.7 Vouchers may be transferred to another person.

9. Promotional Vouchers

Promotional vouchers may only be redeemed during the specified period and for the specified products. They are non-transferable, cannot be redeemed for cash and do not bear interest. Retroactive application or redemption after a purchase has been completed is excluded.

10. Right of Retention, Retention of Title

10.1 You may exercise a right of retention only 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 additionally applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title passes to you, they may not be pledged or transferred by way of security.

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

c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other items at the time of processing.

d) At your request, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the secured claim by more than 10%. We shall determine which securities are to be released.

11. Warranty

11.1 The statutory rights relating to defects apply.

11.2 If you are a consumer, you are requested to inspect the goods immediately 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 will not affect your statutory warranty rights.

11.3 Where a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if we informed you of it before you submitted 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 specifications and the manufacturer’s product description shall be deemed agreed characteristics of the goods, but not other advertising, public statements or statements made by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide subsequent performance by rectification or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in the purchase price or withdraw from the contract. Remedy of the defect shall generally be deemed to have failed after the second unsuccessful attempt unless otherwise indicated, in particular by the nature of the goods or the defect or other circumstances. In the event of rectification, we are not required to bear increased costs resulting from the goods being transported to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.

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

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

12. Liability

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

12.2 In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), liability shall be limited to the foreseeable damage typical for 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 in favour of Kombuchery’s legal representatives, employees and vicarious agents.

13. Data Protection

The applicable current Privacy Policy shall apply and can be accessed via the privacy policy page of the respective regional Kombuchery website.

14. Amendments to the GTC

Kombuchery reserves the right to amend these GTC subject to six weeks’ notice. 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 expressly informed of their right to object.

15. Governing Law, Place of Performance and Jurisdiction

15.1 German law shall apply. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).

15.2 The place of performance for all services arising from business relationships with us and the place of jurisdiction shall be our registered office insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no 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 bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

15.3 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

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 available correction options are governed by the provisions under “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contractual Language and Storage of the Contract Text

3.1 The contractual language is German.

3.2 We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contractual information can be printed using the browser’s print function or saved electronically. After we receive the order, the order details, the information required by law 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.

5.4 Any money transfer costs incurred (bank transfer or exchange-rate fees) must be borne by you 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 displayed via an appropriately labelled 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 any applicable delivery restrictions can be found via an appropriately labelled button on our website or in the respective offer.

6.2 If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a carrier not designated by the entrepreneur or another person designated 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 provisions under “Warranty” in our General Terms and Conditions (Part I).

8. Contract Term / Cancellation

Information on the term of the contract and the applicable cancellation conditions can be found under “Contract Term and Cancellation of Subscriptions” in our General Terms and Conditions (Part I) and in the respective offer.