(1) These General Terms and Conditions (GTC) apply to all transactions made via w ww.first8kombucha.de with
FIRST8 Kombucha Manufactory, Dr. Hanna Schumacher, Baaderstrasse 7, 80469 Munich
and contracts concluded with you as a customer. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) We do not accept any terms and conditions from you that deviate from or supplement these General Terms and Conditions unless expressly agreed otherwise. This also applies if we do not expressly object to the inclusion of your deviating or supplementary terms and conditions.
(1) The purchase contract is not concluded either by the presentation and advertising of goods in our online shop or by adding these goods to your shopping cart, as none of these processes constitutes a binding offer.
(2) You can submit an offer to conclude a contract via our ordering process as follows:
If you would like to complete the order process after you have placed the goods in your shopping cart, you must click the "Checkout" button in the shopping cart. You will then see the goods in your shopping cart and have the option of checking the goods in your shopping cart again and removing any input errors by clicking the "Remove" button or reducing or increasing the desired quantity. Creating a customer account is not necessary for the order, but can be done at your request. One customer account can be created per customer.
After entering your personal data as well as shipping and payment conditions using the “Continue to shipping” and “Continue to payment” buttons, you will be shown an overview of your order and the shipping costs.
If you would like to order the goods and make a binding offer for the goods currently in your shopping cart, you must click the “Buy now” button during the ordering process.
(3) We will then immediately confirm your order, which will, however, be done automatically and does not constitute acceptance of your offer unless acceptance is expressly stated in the order confirmation. A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered goods.
(4) In particular, we will not declare acceptance if delivery of the goods ordered by you is not possible, for example because we have ordered the goods correctly but have not been delivered correctly or on time. We will inform you of this immediately and immediately refund any consideration already received.
(5) After the contract has been concluded, we do not save the contract text. This is only visible and accessible during the ordering process. We also provide you with the order data including the general terms and conditions by email. On our website However, the contract text is not accessible via www.first8kombucha.de or elsewhere for security reasons.
(6) Contracts for We only close www.first8kombucha.de in German.
(7) We can only accept orders for shipping within Germany.
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) The right of withdrawal is governed by the provisions set out in detail in the following
I. Right of withdrawal
You have the right to cancel this contract within fourteen days. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must
FIRST8 Kombucha Manufactory, Dr. Hanna Schumacher,
Baaderstrasse 7, 80469 Munich
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
II. Sample cancellation form
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us.)
At:
FIRST8 Kombucha
Baaderstrasse 7, 80469 Munich
Phone: +49 (0) 176 2118 3384
E-mail: info@first8kombucha.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:
Ordered on (*)/ received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s), date (only if notification is on paper)
(*) Please delete if not applicable
End of revocation
The right of withdrawal does not apply in particular to
Contracts for sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
(1) We offer the payment methods credit card (VISA, Mastercard, Maestro), Apple Pay, Sofortüberweisung and PayPal. We reserve the right not to offer certain payment methods for each order and to refer to other payment methods. The respective payment is made in accordance with the following paragraphs.
(2) When paying via PayPal, you pay directly via your PayPal account and the payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. After submitting your order, you will be redirected to PayPal for payment processing, where you can log in with your user data and follow PayPal's further instructions. The order will be dispatched after authorization by PayPal. The order value will be charged to your PayPal account immediately and must be settled in accordance with your agreement with PayPal.
(3) In addition, we occasionally provide our customers with so-called promotional vouchers, i.e. vouchers that cannot be purchased but are made available as part of marketing campaigns and are only valid for a limited period. It is possible that you can pay the purchase price or part of it by redeeming these promotional vouchers. However, this option is only available during the period specified on the promotional voucher. The respective promotional voucher may only be redeemed once per customer. The value of the promotional voucher cannot be paid out in cash, nor does the promotional voucher bear interest. The promotional vouchers must be redeemed before the order process is completed and cannot be credited retrospectively.
(4) You will receive invoices and credit notes exclusively in digital form.
(5) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(6) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
(1) The delivery period is usually approximately 3-5 working days, unless otherwise agreed. It begins upon conclusion of the contract.
(2) We are entitled to make partial deliveries as long as this is reasonable for you.
(3) In rare cases, deliveries may be delayed due to disruptions in business operations for which we are not responsible, such as strikes or cases of force majeure that are the result of an unforeseeable and unavoidable event. In these cases, the delivery time will be extended by the duration of the disruption caused by these circumstances. We will inform you of this immediately. If these disruptions mean that we cannot deliver the goods you have ordered within one month of the order date, you can withdraw from the contract concluded with us. Other claims, in particular statutory rights of withdrawal, to which you are entitled regardless of the disruption that has occurred, remain unaffected.
(4) If there is no purchase of consumer goods, i.e. you are not ordering as a consumer but for purposes that are predominantly attributable to your commercial or self-employed activity, Section 447 of the German Civil Code (BGB) applies.
(1) All prices stated in our online shop are gross prices including statutory sales tax and other price components.
(2) In addition to the purchase price, you must pay the shipping costs, which you can find under PAYMENT AND SHIPPING . These do not apply to orders over 98€. The price including sales tax and applicable shipping costs is also displayed in the order form before you submit the order.
(3) If we fulfill your order by partial deliveries in accordance with Section 6 Paragraph 2, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
The delivered goods remain our property until the purchase price has been paid in full.
(1) We ask you to check the goods immediately after they have been delivered to you and to immediately report any defects to the transport person or to us. In addition to obvious material and manufacturing defects, this also includes transport damage. However, you are not obliged to complain about the defect unless your purchase is a commercial transaction for both parties, so that you are subject to a complaint obligation in accordance with Section 377 of the German Commercial Code (HGB). However, by complaining, we can guarantee that we will promptly fulfill your warranty claims in accordance with paragraph 2 and, if necessary, assert recourse claims against our service providers.
(2) If the delivered goods are defective, we are liable in accordance with the statutory provisions. This means that you can demand a new delivery of the defective goods (subsequent performance) or, if subsequent performance is rightly refused by us, fails, is impossible or is unreasonable for you, you can withdraw from the contract or reduce the purchase price and claim damages. Liability in accordance with Section 10 of these General Terms and Conditions remains unaffected by this. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(3) If we or the manufacturer have given a guarantee for certain goods, the guarantee claims are in addition to the claims for material or legal defects within the meaning of paragraph 2. If such a guarantee is given to you, we will inform you of this and, if applicable, attach the guarantee conditions to the order.
(1) Should you suffer damage due to contractual or non-contractual misconduct caused by us, our vicarious agents or our legal representatives, we shall be liable to you in all cases of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise provided in paragraph 3, we shall only be liable for breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and shall be limited to compensation for foreseeable and contract-typical damage.
(3) Our liability for damages resulting from injury to life, body or health remains unaffected by the above limitations and exclusions of liability. In addition, the above limitations and exclusions of liability do not apply to legally mandatory strict liability, in particular product liability, or liability arising from a strict guarantee.
(4) Any liability beyond that provided for in paragraphs 1 to 3 is excluded, regardless of the legal nature of the claim asserted.
We own the copyright to all images, films and texts published in our online shop. The use of images, films and texts is not permitted without our express consent.
Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller, Munich. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
If any provision of these Terms and Conditions is ineffective or void, this shall not affect the validity of the remaining Terms and Conditions. The parties undertake to replace ineffective or void clauses with valid clauses that come closest to the original economic intention.
Status: October 2020
