KORA MIKINO - sustainable femcare terms and conditions

KORA MIKINO – sustainable femcare 

Terms of Service


General Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Reservation of Proprietary Rights
  7. Warranty
  8. Redemption of Campaign Vouchers
  9. Redemption of Gift Vouchers
  10. Applicable Law
  11. Place of Jurisdiction
  12. Alternative dispute resolution

1) Scope of Application

1.1  These General Terms and Conditions (hereinafter referred to as "GTC") of the company KORA MIKINO sustainable femcare UG (haftungsbeschränkt) (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2  Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.3  For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.4  A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1  The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2  The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3  The Seller may accept the Client’s offer within five days,

  • by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
  • by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4  If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client's offer at the time when the Client clicks on the button concluding the order process.

2.5  When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6  Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7  The German and the English language are exclusively available for the conclusion of the contract.

2.8  Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1  Consumers are entitled to the right to cancel.

3.2  Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

3.3  The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.

4) Prices and Payment Conditions

4.1  Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2  Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3  In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.4  Kreditkartenzahlung via Stripe/Credit Card payment via Stripe
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.

4.5  When choosing a payment method offered via the payment service "Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Client in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Client customer is separately referred. Further information on "Shopify Payments" can be found at https://www.shopify.com/payments.

4.6  If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "IMMEDIATE"). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer”. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

4.7  If the method of payment Klarna Invoice Purchase or the method of payment Klarna Installment Purchase is selected, payment processing is carried out via Klarna AB (publ)[https://www.klarna.com/de], Sveavägen 46,111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information on Klarna Invoice and Installment Purchase as well as the terms and conditions of Klarna can be found in the Seller's payment information, which can be viewed at the following Internet address:

https://koramikino.de/

5) Shipment and Delivery Conditions

5.1  Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.

5.2  Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3  Personal collection is not possible for logistical reasons.

5.4  Vouchers will be provided to the Client as follows:

- by e-mail

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Warranty

7.1  Should the object of purchase be deficient, statutory provisions shall apply.

7.2  Deviating hereof regarding used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.

The shortening of the limitation period does not apply,

  • for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
  • for claims for damages and reimbursement of expenses on the part of the Client, and
  • if the Seller has fraudulently concealed the defect.

7.3  The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Redemption of Campaign Vouchers

8.1  Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.

8.2  Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

8.3  Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

8.4  In case of an order, several campaign vouchers can be redeemed.

8.5  The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

8.6  If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

8.7  The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

8.8  The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

8.9  Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.

9) Redemption of Gift Vouchers

9.1  Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.

9.2  Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.

9.3  Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

9.4  Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

9.5  If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

9.6  The gift voucher credit will not be redeemed in cash and is not subject to any interest.

10) Applicable Law

10.1  The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

10.2  With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

10.3  Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

11) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

12) Alternative dispute resolution

12.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

between


KORA MIKINO sustainable femcare UG (limited liability), Prenzlauer Allee 189, 10405 Berlin, registered in the commercial register of the Local court HRB202263B, represented by, USt-Identification-No.: DE321500410

- hereinafter referred to as the "Provider" -

and

the customer specified in § 2 of the contract

- in the following "customer" -

can be closed.

 

Scope, definitions

(1) For the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating general terms and conditions of the customer will not be accepted unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer as long as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity.

On the other hand, an entrepreneur is any natural or legal person or entity having legal capacity

Partnership which acts in the exercise of its commercial or independent professional activity when concluding the contract.

 

conclusion of contract

(1) The Customer may select products from the Supplier's product range and collect them in a so-called shopping basket by clicking the "Add to shopping basket" button. By clicking on the button "order with payment" they submit a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the "Accept GTC" button and thereby accepts them in writing. has incorporated his motion.

(2) The supplier then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgement of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract shall only be valid by delivery of the declaration of acceptance by the acceptance of

provider, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a

permanently sent data carrier [e-mail or paper printout] (confirmation of contract). The text of the contract is stored in compliance with data protection regulations.

(3) The contract shall be concluded in German.

 

Delivery, availability of goods

(1) Our Delivery times shall be calculated from the date of our order confirmation, subject to prior payment of the purchase price. Unless no deviating delivery time is indicated in our Online- Shop, it is usually 5-7 days. For shipments to Switzerland, the delivery time may be up to 10 to 14 days.

(2) If no copies of the product selected by the customer are available at the time the order is placed, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from a declaration of acceptance. In this case a contract is not concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier will inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions exist: The supplier delivers only to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland, UK, France, Denmark, Netherlands, Sweden, Spain, Portugal. 

 

retention of title

Until complete payment the delivered goods remain the property of the supplier.

 

Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. 

(3) The dispatch of the commodity takes place by post office dispatch. The shipping risk is borne by the supplier if the customer is a consumer.

(4) in case of a revocation the customer shall bear the direct costs of the return

 

Coupon codes and discount campaigns

(1) There is no right to the redemption of a voucher code. Coupon codes are discounts given voluntarily by KORA MIKINO sustainable femcare UG. KORA MIKINO is free to change duration, amount and conditions at any time.

(2) If discounts are linked to certain minimum quantities (product, shopping basket, etc.), the discount will only remain valid if the quantity or sum agreed in the voucher/discount code action is not undercut due to possible withdrawal or revocation.

 

terms of payment

(1) The customer can make the payment by credit card or paypal.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract.

 

Warranty for material defects, guarantee

(1)The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the supplier is 12 months.

(2) An additional guarantee exists with the goods supplied by the supplier only if these are

was expressly stated in the order confirmation for the respective article.

 

liability

(1) Claims made by the customer for damages are excluded. Excluded from this are claims made by the customer for damages resulting from the destruction of life, personal injury or health damages or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider of his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract, if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from destruction of life, personal injury or health damages

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act shall remain unaffected.

 

revocation instruction

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider informs in accordance with the legal model below. informed. The exceptions to the right of withdrawal are set out in paragraph (2). Paragraph (3) contains a model withdrawal form.


revocation instruction


right of withdrawal


You have the right to revoke this contract within thirty days without giving reasons.


The withdrawal period shall be thirty days from the date on which you or a third party other than the carrier named by you have taken possession of the goods.

In order to exercise your right of withdrawal, you must notify us, KORA MIKINO - sustainable femcare UG, Prenzlauer Allee 189 c/o Paketshop 680 (for DHL parcel shipments), 10405 Berlin, hikora@koramikino.de, via a clear statement (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. To do this, you can use the attached sample Use the revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to notify us of the exercise of the right of revocation. Send the right of revocation before the expiry of the revocation period.


Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, excluding delivery charges (other than additional charges arising from your choice of a method of delivery other than the low-cost standard delivery offered by us), without undue delay and at the latest within fourteen days from the date on which we received notice of your revocation of this Agreement.

Werden Artikel aus einem rabattierten Multipack einzeln retourniert, so verfällt der Anspruch auf den Discount.


For this refund we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you: in no event will you be charged for this refund. We may refuse repayment until we have received the goods back or until you have proved that you have returned the goods, whichever is earlier.

You must return the goods back to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract The deadline is met if you return the goods before the period of fourteen days. send it.

You shall bear the direct costs of returning the goods.


You shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.


According to the legal regulation, the provider provides information on the model withdrawal form as follows:


Sample withdrawal form


(If you want to cancel the contract, please fill in this form.

and send it back.)


To [KORA MIKINO sustainable femcare UG, Prenzlauer Allee 189 

c/o Paketshop 680 (for DHL parcel shipments), 10405 Berlin]

- I/we I*] hereby cancel the contract concluded by me/us I')

on the purchase of the following goods

- Ordered on (*)l/received on (*)

- Name of consumer

- Address of the consumer

- Signature of the consumer) (only for paper communication)

- date

(*) Delete where inapplicable

Weitere Informationen über die Abwicklung der Rücksendung können dem here verlinkten Dokument entnommen werden.

 

Final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.