Terms of service
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for Processing Goods According to Certain Customer Specifications
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Michelangelo Kozon, trading under “Kitchen by Nature® Owner Michelangelo Kozon” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise stipulated in this regard.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email or via the online contact form.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing shall be 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 (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or — if the customer does not have a PayPal account — subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller’s online order form, the contract text will be stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g. email, fax, or letter) after the customer has sent their order. The seller does not provide any further access to the contract text. If the customer has set up a user account in the seller’s online shop before submitting the order, the order data will be archived on the seller’s website and can be retrieved free of charge by the customer via their password-protected user account using the relevant login details.
2.6 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is shown in the online shop.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are located outside the European Union.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further Costs may arise that are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of money even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service “PayPal” is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal under which the Seller makes an advance payment to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result of the check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may only make payment to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of cancellation and returns thereof, or credit notes.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use additional payment services for which special payment conditions may apply; the Customer will be informed of these separately if applicable. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
4.7 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller’s online shop. To process payments, Apple may use additional payment services for which special payment conditions may apply; the Customer will be informed of these separately if applicable. Further information on Apple Pay can be found on the internet at https://www.apple.com/de/apple-pay/.
4.8 If a payment method offered via the payment service "Google Pay" is selected, payment processing is through Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the customer in the seller’s online shop. For the processing of payments, Google may use additional payment services, for which special payment conditions may apply and of which the customer may be informed separately, if applicable. Further information about Google Pay is available on the internet at https://pay.google.com/intl/de_de/about/.
5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address stated in the seller’s order processing shall be decisive. By way of deviation herefrom, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of outbound shipment if the customer effectively exercises his or her right of withdrawal. In the case of the effective exercise of the right of withdrawal by the customer, the seller’s cancellation policy shall govern the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has handed the item over to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the customer or an authorized recipient. By way of deviation herefrom, even in the case of consumers the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has handed the item over to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller had not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the seller is not responsible for the failure to deliver and if he has concluded a concrete covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed without delay and the consideration shall be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by download
- by email
- by post
6) Retention of title
If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the Provisions on statutory liability for defects. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller shall have the choice of the type of supplementary performance;
- for new goods, the limitation period for defect claims shall be one year from delivery of the goods;
- for used goods, defect claims are excluded;
- the limitation period shall not restart if a replacement delivery is made under the liability for defects.
7.2 The above liability limitations and reductions of time limits do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- to goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
- to any obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty of inspection and objection pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect whatsoever on their statutory or contractual defect claims.
8) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise provided in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
8.3 Otherwise, liability of the seller is excluded.
8.4 The above liability provisions shall also apply with regard to the seller's liability for its vicarious agents and legal representatives.
9) Special conditions for processing goods according to certain specifications of the customer
9.1 If, according to the content of the contract, the seller owes not only delivery of the goods but also processing of the goods according to certain specifications of the customer, the customer shall provide the seller with all contents required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant the seller the rights of use required for this purpose. The customer shall be solely responsible for procuring and acquiring the rights to these contents for this purpose the customer is responsible. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, especially copyrights, trademark rights, and personality rights.
9.2 The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s contractual use of the Customer’s content. In this context, the Customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller without delay, truthfully, and in full with all information necessary to assess the claims and mount a defense.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or is contrary to public decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or glorifying violence.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and that cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the stated period.
10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
10.4 Multiple Promotional Vouchers can also be redeemed for one order.
10.5 If the Promotional Voucher relates to a specific amount and not to a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
10.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.7 The credit balance of a Promotional Voucher will neither be paid out in cash nor bear interest.
10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher under the Customer’s statutory right of withdrawal.
10.9 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge of, or grossly negligent ignorance regarding, the holder’s lack of entitlement, legal incapacity, or lack of authority to represent.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter referred to as “Gift Vouchers”) can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers are valid until the end of the redeemable in the third year following the year of purchase of the voucher. Any remaining balance will be credited to the customer until the expiry date.
11.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.
11.4 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
11.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
11.6 The credit balance of a gift voucher will neither be paid out in cash nor bear interest.
11.7 The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the actual entitlement of the respective voucher holder.
12) Applicable law
12.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are located outside the European Union.
13) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
