General Terms and Conditions
GTC
General Terms and Conditions ("GTC")
§ 1 Scope of application
(1) For the business relationship between the customer (hereinafter: "Customer") and udo rehm | komood.shop, represented by the owner Udo Rehm (hereinafter: "komood.shop"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. All deviations from this require written confirmation by komood.shop. komood.shop reserves the right to change these terms and conditions at any time.
(2) The customer may be a consumer or an entrepreneur. He is a consumer insofar as the purpose of the ordered delivery cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
(3) It is the customer's responsibility to inform himself of any changes to the terms and conditions with each purchase. These terms and conditions are subject to the law of the Federal Republic of Germany and must be interpreted in accordance with this law.
§ 2 Conclusion of contract
(1) The customer can select products from the online offers of komood.shop and collect them in a "shopping basket" using the "add to basket" button. By clicking on the "order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. A detailed description can be found under paragraph (5) of § 2 of these GTC.
(2) However, the offer can only be submitted and transmitted if the customer accepts these GTC by ticking the box "I have read and accepted the General Terms and Conditions, the Privacy Policy and the Cancellation Policy".
(3) First, the customer receives a confirmation of receipt of his order by e-mail to the e-mail address provided by him (order confirmation). However, this order confirmation merely documents that the customer's order has been received by komood.shop and does not constitute acceptance of the offer. A purchase contract is only concluded when an order confirmation is sent to the customer by e-mail or when the ordered goods are delivered.
(4) In the event of a contract being concluded, the contract shall be concluded with:
Udo Rehm
udo rehm | komood.shop
Bamberger Str. 7
10777 Berlin
(5) When placing an order via the komood.shop online shop, the order process comprises the following eight steps:
Step 1: Select the items required by the customer;
Step 2: Confirm the selection made by the customer by clicking the "Add to basket" button;
Step 3: Check the item selection in the shopping basket;
Step 4: Confirm by clicking the "Continue to checkout" button;
Step 5: Enter the customer's full billing and delivery address;
Step 6: Select the payment method;
Step 7: Confirmation of the GTC, the data protection provisions and data transfer to the shipping service provider;
Step 8: Binding submission of the order by clicking on the button "Order with obligation to pay".
Furthermore, a contract shall not be concluded if the customer cannot be reached or verified when the order is confirmed.
(6) The contract shall be concluded in German.
§ 3 Prices
The prices of the komood.shop are shown in euros (€) and include the statutory value added tax (VAT). Errors, misprints, price changes and technical changes are reserved. The prices shown at the time of ordering apply.
§ 4 Delivery and availability of goods
(1) Shipping is usually carried out by Deutsche Post or DHL. If items are not in stock, there may be delays in delivery. If items are no longer available or currently not available, komood.shop will inform the customer immediately. In this case, komood.shop reserves the right to withdraw from the contract and not to deliver the ordered goods if they are not available. If the purchase price has already been paid, komood.shop will of course refund it immediately.
(2) In addition, the customer has the option of collecting the ordered goods in person against prepayment or cash payment by prior arrangement.
§ 5 Retention of title
The delivered goods shall remain the property of komood.shop until all claims have been paid in full.
§ 6 Shipping costs and delivery time
The dispatch of digital products (e.g. virtual vouchers) is generally free of charge.
Shipping within the Federal Republic of Germany
a) Deliveries throughout Germany are generally free of shipping costs.
b) The dispatch time is usually 1 to 2 working days. Orders received on Fridays may not be processed until the following Monday due to shortened working hours and delivery may be delayed accordingly.
Shipping to EU member states
a) International shipping to countries of the European Union costs a flat rate of 5 euros per order (incl. VAT).
b) The dispatch time is usually 2 to 5 working days. Orders received on Fridays may not be processed until the following Monday due to shortened working hours and delivery may be delayed accordingly.
Shipping to Switzerland, Great Britain and Norway
a) International shipping to Switzerland, the United Kingdom and Norway costs a flat rate of 8 euros per order as a VAT-free export delivery. However, additional customs duties, taxes and fees may apply.
b) The dispatch time is usually 3 to 8 working days. Orders received on Fridays may not be processed until the following Monday due to shortened working hours and delivery may be delayed accordingly.
Other target countries
Delivery to other countries (e.g. Switzerland) is generally possible, but only after prior agreement on the amount and distribution of the shipping costs and any additional costs, such as customs duties or special shipping methods. National import regulations for the respective products must be observed by the customer. A contract is only concluded after written agreement on the amount of the shipping costs. Komood-Shop assumes no responsibility for the conformity of the products offered with national directives and regulations outside the EU.
§ 7 Minimum order value
There is no minimum order value.
§ 8 Payment modalities
(1) All invoices shall be denominated in euros. For payment, komood.shop offers the following payment methods:
- Payment in advance;
- Payment on account (B2B only, from the second order);
- Payment via PayPal (post@komood.shop), also via
- Payment by SEPA direct debit,
- Credit and debit card,
- giropay,
- Google Pay,
- Apple Pay,
- Payment by credit card.
(2) The customer can select a possible payment method before finalising an order.
(3) In the case of bank transfer (advance payment), the customer shall pay the total amount to our account before delivery of the goods in accordance with our order confirmation sent by e-mail:
udo rehm | komood.shop
IBAN: DE59 1009 0000 7296 6160 06
BIC: BEVODEBB
(4) We reserve the right to restrict individual payment methods on the basis of our own risk assessments.
§ 9 Voucher offers
(1) Vouchers issued by komood.shop are multi-purpose vouchers and can be redeemed at https://komood.shop.
(2) Vouchers and any remaining credit can be redeemed until the end of the second year after the year in which the voucher was purchased.
(3) A voucher can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
(4) Only one voucher can be redeemed per order.
(5) A voucher can only be used for the purchase of goods and not for the purchase of further vouchers.
(6) A voucher balance is neither paid out in cash nor does it bear interest.
(7) A voucher is transferable. The seller may make payment to the respective holder with discharging effect. This does not apply if the seller is aware or grossly negligently unaware of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
§ 10 Warranty for material defects, guarantee
(1) The articles offered by komood.shop of the brand komood originate to a large extent from our own production, manufactured by hand. Despite the greatest care, irregularities and tolerances may occur in these articles - even within an article group - which, however, do not restrict the described quality and usability. Handcrafted items are labelled or described accordingly in the item description.
(2) The komood.shop is liable for material defects in the B2C area in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period is therefore two years for consumers, unless another period has been expressly agreed.
(3) The warranty period for products supplied by komood.shop to entrepreneurs is 12 months, unless another period has been expressly agreed.
(4) Obvious defects must be reported to komood.shop in writing within one week of delivery at the latest. In the event of a warranty claim, we shall be entitled, at our discretion, to remedy the defect, make a replacement delivery or refund the purchase price.
(5) If the rectification of defects or replacement delivery fails, you may withdraw from the contract or demand a reduction in the purchase price. Any further claims of the customer, in particular claims for damages, are excluded unless the damage was caused by us or our vicarious agents intentionally or through gross negligence. Returns must be sent carriage paid. Postage will be refunded if the complaint is justified.
§ 11 Liability
(1) In the event of a breach of essential contractual obligations, komood.shop shall only be liable for the foreseeable damage typical of the contract if this was caused by negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(2) Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(3) The restrictions of paragraphs (1) and (2) shall also apply in favour of the vicarious agents of komood.shop if claims are asserted directly against them.
(4) Liability is limited to the value of the order. komood.shop is not responsible if the recipient cannot be reached at the specified delivery address on the day of delivery.
(5) We reserve the right to make changes and errors.
(6) The limitations of liability shall not apply if komood.shop has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply if komood.shop and the customer have reached an agreement on the quality of an item. The provisions of the Product Liability Act shall remain unaffected.
§ 12 Cancellation policy
(1) Consumers have a statutory right of cancellation when concluding a distance selling transaction, about which komood.shop provides information below in accordance with the statutory model. A sample cancellation form can be found in paragraph (2).
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. If a single order requires dispatch in several separate shipping units, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. If the delivery is made in several partial deliveries or pieces, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial delivery or the last piece.
To exercise your right of cancellation, you must send us
Udo Rehm
udo rehm | komood.shop
Bamberger Str. 7
D - 10777 Berlin
post@komood.shop
by means of a clear statement (e.g. a letter sent by post) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
(2) The komood.shop provides the following information about the model cancellation form in accordance with the statutory provisions:
*** START SAMPLE CANCELLATION FORM ***
(If you wish to cancel the contract, please complete and return this form).
To:
udo rehm | komood.shop
Bamberger Str. 7
D - 10777 Berlin
post@komood.shop
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper):
Date:
______________
(*) Delete as appropriate.
*** END SAMPLE CANCELLATION FORM ***
§ 13 Company holidays - announcement, processing times, delivery quantities
(1) Company holidays are announced at least three days before they begin. The announcement is made as an absence message on a red background at the top of each individual page and remains there until the end of the absence period.
(2) During the company holidays, the dispatch office is not staffed at all times, i.e. no enquiries, orders, returns etc. are processed. These will be processed immediately after the announced end of the company holidays. Delivery times will be delayed accordingly.
(3) The komood.shop keeps goods with a best-before date, such as decorative natural cosmetics, in stock only in limited quantities for quality assurance reasons. Articles that are not available are temporarily deactivated and therefore cannot be added to the shopping basket. During periods of absence, however, availability in the shop may differ from actual stock levels.
§ Section 14 Packaging subject to system participation
We are registered with the Stiftung Zentrale Stelle Verpackungsregister (ZSVR) in accordance with the German Packaging Act. To ensure the fulfilment of our legal obligations, komood.shop is affiliated to the nationwide take-back system of Landbell AG, Mainz. Further information can be found on the Landbell AG website.
§ 15 Final provisions
(1) When using the online offers within the webshop of komood.shop at http://www.komood.shop, our privacy policy applies in addition to these GTC.
(2) The law of the Federal Republic of Germany shall apply to contracts between the komood.shop and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.
(3) Should individual provisions of the contract, including these provisions, be invalid in whole or in part, or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
(4) Berlin is agreed as the place of fulfilment and jurisdiction - as far as permissible.