General Terms and Conditions

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Michelangelo Kozon, acting under "Kitchen by Nature - Michelangelo Kozon" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms is hereby rejected unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated.

1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to either their commercial or their independent professional activity.

1.4 An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers from the Seller, but serve to submit 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. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button concluding the order process. Furthermore, the Customer can also submit the offer to the Seller by email or via the online contact form.

2.3 The Seller can 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 the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after submitting their order.

If several of the aforementioned alternatives are present, the contract is 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 Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is 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"), under the terms of the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - under 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 selectable during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer's order is sent. No further access to the contract text is provided by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge through their password-protected user account by entering the corresponding login data.

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 recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing 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 cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may be incurred will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European In individual cases, additional costs may arise within the Union, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import-related duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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 payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer is agreed, the payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 When selecting a payment method offered via the "PayPal" payment service, the payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where he makes an advance payment to the customer (e.g., purchase on account or installment payment), he assigns his payment claim 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 will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or credits, even in the event of the assignment of claims.

4.6 When selecting a payment method offered via the "Shopify Payments" payment service, the 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 are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, and the customer will be informed separately if necessary. Further information about "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the seller offers the shipping of goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs for the outbound shipment if the customer exercises his right of withdrawal. effectively exercises. In the case of effective exercise of the right of withdrawal by the customer, the regulation made in the seller's cancellation policy regarding the return costs applies.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, freight forwarder, 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 only passes to the customer or a person authorized to receive it upon handover of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment and the seller has 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-delivery. This only applies if the non-delivery is not the responsibility of the seller and he has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

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 an advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for defect rights is one year from delivery of the goods;
• for used goods, the defect rights are excluded;
• the limitation period does not start anew if a replacement delivery is made within the framework of liability for defects.

7.2 The above liability limitations and shortened periods 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 for a building in accordance with their usual use and have caused its defectiveness,
• to any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty of inspection and Obligation to give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to be approved.

7.5 If the customer acts as a consumer, he is requested to report delivered goods with obvious transport damage to the delivery agent and to inform the seller. If the customer fails to do so, this has no effect on his statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• based on a guarantee promise, unless otherwise regulated,
• based on mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical contractual damage, unless unlimited liability is provided for in the preceding clause. Material contractual obligations are duties imposed on the seller by the contract according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely.

8.3 Otherwise, liability of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer requirements

9.1 If the seller is obliged, according to the content of the contract, to process the goods according to specific customer requirements in addition to delivering the goods, the customer must provide the seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the seller and grant him the necessary usage rights. The customer is solely responsible for procuring and acquiring rights to these contents. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. He ensures, in particular, that this does not violate the rights of third parties, especially copyright, trademark, and personal rights.

9.2 The customer indemnifies the seller from third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary legal defense costs, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller with all information truthfully and completely as required for the examination of claims and defense in the event of a claim by third parties.

9.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or good morals. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violent content. glorifying content.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued by the seller free of charge as part of promotional campaigns with a specific validity period and which 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 specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Multiple promotional vouchers can also be redeemed in one order.

10.5 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 can be chosen to settle the difference.

10.7 The 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 wholly or partially with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The seller can provide performance with liberating effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, lack of legal capacity, or lack of authorization of representation of the respective holder.

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 can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances are credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Multiple gift vouchers can also be redeemed in one order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

11.7 The balance of a gift voucher will neither be paid out in cash nor bear interest.

11.8 The gift voucher is intended only 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 material entitlement of the respective voucher holder.

12) Applicable Law

12.1 All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the to which the consumer has his habitual residence, is excluded.

12.2 Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

13) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.