Terms of service

Terms and Conditions (T&Cs) of Kombuchery GmbH

1. Scope of Application
1.1 These Terms and Conditions (“T&Cs”) of Kombuchery GmbH, Torstraße 105-107, 10119 Berlin (hereinafter referred to as “Kombuchery”), apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as “Customer”) and Kombuchery via the Kombuchery online store on one of its country-specific websites (e.g., www.kombuchery.de, www.kombuchery.at, www.kombuchery.ch) or other distribution channels (e.g., Amazon). Any deviating terms from the customer are not recognized unless explicitly agreed upon by Kombuchery.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. A business customer is any natural or legal person or a legally capable partnership that acts in the course of its commercial or self-employed professional activity when entering into a legal transaction.

1.3 The contract may cover one-time deliveries or recurring deliveries (subscription contracts) of goods.

2. Contract Conclusion
2.1 The product presentations in the online store do not constitute binding offers but rather an invitation to place an order.

2.2 The customer submits a binding offer to conclude a purchase contract by completing the order process and clicking the “Buy now” button. Kombuchery confirms the receipt of the order via email (order confirmation), which does not constitute acceptance of the contract.

2.3 The contract is concluded when Kombuchery explicitly accepts the order within five days through shipment confirmation, written confirmation, or delivery of the goods.

2.4 When selecting a subscription, the customer submits an offer to receive regular deliveries at the selected interval. The contract runs indefinitely and may be cancelled or paused at any time before the next scheduled shipment by providing notice in text form (e.g., email).

2.5 The language of the contract is German. The contract text is stored only as required by law.

3. Right of Withdrawal
Consumers have a statutory right of withdrawal. For more information, please refer to Kombuchery’s withdrawal policy. Returns of opened or damaged 6-pack trays are excluded for hygiene, labeling or product-specific reasons. A SEPA chargeback does not constitute a valid withdrawal and may incur avoidable costs, which the customer must reimburse.

4. Prices and Payment Terms
4.1 All prices include statutory VAT. Shipping costs are displayed separately during the order process.

4.2 Accepted payment methods include credit card, PayPal, Klarna, instant bank transfer, direct debit, purchase on account and prepayment. Kombuchery reserves the right to exclude certain payment methods.

4.3 For subscriptions, recurring charges are made using the chosen payment method at regular intervals. The customer must ensure sufficient funds are available.

4.4 For Klarna payment methods, Kombuchery will transmit necessary personal data for credit checks. For details, please see Klarna’s privacy policy.

5. Delivery and Shipping
5.1 Goods are delivered to the address provided by the customer.

5.2 Even though most deliveries are not chilled, we kindly ask you to ensure that food deliveries can be accepted on the first delivery attempt. Alternatively, customers may provide an alternative delivery address or an authority to leave the parcel.

5.3 For deliveries to non-EU countries, customs duties, taxes, or fees may apply and are the responsibility of the customer.

5.4 If a shipment is returned to us due to reasons within the customer’s responsibility – e.g., refusal to accept the delivery or failure to collect the package from a parcel shop or packing station in time – we reserve the right to charge a reasonable processing fee. This fee covers the actual costs incurred for return shipping, storage, and reprocessing.

The processing fee applies both in the case of a requested reshipment and in the case of a refund:
• For reshipments, the fee is charged in addition to the standard shipping costs for the respective destination country. In such cases, free shipping promotions (e.g., above a certain order value) do not apply again.
• For refunds, the processing fee is deducted directly from the refund amount.

The exact amount of the processing fee will be communicated to the customer transparently in advance.

6. Subscription Duration and Termination
Subscription contracts run indefinitely and can be cancelled by the customer at any time without notice via the provided methods (e.g., email or cancellation button in the shop). Please note that email cancellations require at least two business days for processing. To ensure that an upcoming shipment can still be stopped, we recommend using the cancellation function in your customer account.

7. Retention of Title
Goods remain the property of Kombuchery until full payment has been received.

8. Warranty
The statutory provisions on liability for defects apply.

9. Liability
9.1 Kombuchery shall be liable for damages caused by its own fault without limitation in cases of intent and gross negligence, as well as for damages resulting from injury to life, body or health, and in accordance with the provisions of the German Product Liability Act.

9.2 In the event of slightly negligent breaches of essential contractual obligations (cardinal obligations), liability shall be limited to the typical, foreseeable damage.

9.3 Any further liability – in particular for indirect damages, loss of profit, or consequential damages – is excluded. These limitations of liability also apply in favor of Kombuchery’s legal representatives, employees, and vicarious agents.

10. Promotional Vouchers
Promotional vouchers may only be used within the stated period and only for specific products. They are non-transferable, non-cashable, and do not bear interest. Subsequent application after a purchase is not possible.

11. Data Protection
The applicable data protection policy can be found at https://kombuchery.de/policies/privacy-policy or on your local Kombuchery website.

12. Amendments to the Terms
Kombuchery reserves the right to amend these T&Cs with six weeks’ notice. Changes will be communicated via email. If the customer does not object within six weeks, the amended terms are deemed accepted. The right to object and the significance of the deadline will be clearly stated.

13. Applicable Law and Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For customers outside Germany, mandatory consumer protection provisions of the respective country may apply. If the customer is a merchant, the exclusive place of jurisdiction is Berlin.

14. Dispute Resolution
Kombuchery is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.