Terms and Conditions
General Terms and Conditions Kale & Me GmbH
1. Scope of application
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions also apply to future business relations with entrepreneurs, without repeated reference. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Kale & Me GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.
A binding contract can also be concluded beforehand as follows:
- If you have chosen credit card payment, the contract is concluded at the time of the credit card charge.
- If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment order to PayPal.
- If you have chosen the payment method direct banking (SOFORT) the contract is concluded at the time of confirmation of the payment order to SOFORT GmbH.
The language available for the conclusion of the contract is German and/or English.
We save the contract text and send you the order data by e-mail. You can also view the General Terms and Conditions here on this page at any time. The text of the contract is stored by us and made available to the customer on request.
Every customer receives an invoice immediately after order via email to his indicated e-mail address.
4. Delivery conditions
In addition to the indicated product prices, shipping costs will be added. The shipping costs are displayed during the order process.
We do not deliver to packing stations.
Delivery shall take place within two days, unless a different delivery period is stated in the offer or a different delivery period has been agreed. Compliance with the delivery period presupposes the timely and proper fulfilment of the customer's obligations.
Delays in delivery caused by us or one of our subcontractors due to force majeure or due to circumstances equivalent to force majeure (such as currency and trade policy or other sovereign measures, strikes, operational disruptions such as fire, machine defects, breakage, raw material or energy shortage) entitle us to postpone the delivery for the duration of the impediment. If the execution of the contract becomes unreasonable for the customer due to the delay, he/she is entitled to withdraw from the contract. In the event of obstacles to performance that are not only temporary, we are entitled to withdraw from the contract.
We may hand the goods over to a person found in the customer's home or to a direct neighbour of the customer without incurring any liability.
The following payment methods are available in our shop: Paypal, Cash in Advance (Prepayment) and Credit Card. Germany, Austria and Switzerland have the additional option to pay with SOFORT banking.
If you choose the payment method bank transfer, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. If the consumer has chosen to pay by bank transfer, he undertakes to pay the purchase price immediately after conclusion of the contract.
Your credit card will be charged when your order is completed.
You pay the invoice amount via the online provider Paypal. As a matter of principle, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. You will receive further information during the ordering process.
iDEAL is a safe and convenient service that allows you to make fast and reliable payments directly from your bank account to ours – eliminating the need for credit cards. iDEAL is only available within the Netherlands.
Direct banking (SOFORT)
We also offer direct banking via SOFORT. We will receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Using the secure payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT automatically sets up a bank transfer in real time in your online bank account. The purchase amount is transferred immediately and directly to the merchant's bank account. If you choose the payment method direct banking, a pre-filled form will open at the end of the order process. This already contains our bank details. In addition, the form already displays the transfer amount and the purpose of the transfer. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as for online banking registration (account number and PIN). Confirm your order by entering the TAN. You will receive a confirmation of the transaction immediately afterwards. In principle, every Internet user can use the direct banking as payment method if he has an activated online banking account with PIN/TAN procedure. Please note that for a few banks the direct banking is not yet available.
6. Retention of title
The goods remain our property until full payment has been received.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
7. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification specified there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless explicitly agreed otherwise, the statutory liability for defects law shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims for damages caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health.
- in the event of intentional or grossly negligent breach of duty or fraudulent intent.
- breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations).
- within the scope of a guarantee promise, if agreed.
- insofar as the scope of application of the Product Liability Act has been opened up.
Information on any additional warranties and their exact conditions can be found on the product and on special information pages in the shop.
Customer service: You can reach our customer service for questions and complaints Monday to Thursday from 9 am to 7 pm and on Fridays from 9 am to 5:30 pm by calling +49 40 6391 1770 or by e-mail at firstname.lastname@example.org
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in the event of injury to life, body or health.
- in the event of intentional or grossly negligent breach of duty.
- for guarantee promises, if agreed.
- insofar as the scope of application of the Product Liability Act has been opened up.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
10. Right of revocation
The products are chilled fresh juices with a very limited shelf life. They spoil very quickly, especially when not stored properly. Due to their perishability, they can no longer be sold on return. Hence, the right of rescission does not exist for contracts regarding the consignment of perishable goods or those with a short expiry date. For this reason, a right of revocation is excluded.
In the event of cancellation of the customer's order before delivery of the ordered products, Kale&Me GmbH is entitled to charge cancellation fees of 3 € (- in words: 3 Euro -). In the event of a cancellation before the products are dispatched, the customer is subject to a cancellation fee of 3€ (- in words: three Euro-). This cancellation fee represents administrative and banking service costs.
11. Assignment and right of retention
The assignment of a claim of the customer against us is only legally effective with our consent or approval; § 354a HGB remains unaffected.
The customer is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
12. Cancellation of a subscription
Customers who have purchased a subscription have the option to cancel the subscription in the "Subscription - My Account" overview using the access data supplied. Alternatively, a cancellation is also possible via e-mail or postal mail (see imprint for postal address). A subscription can be cancelled at any time, but with an additional final settlement, according to the ordered interval.
The law of the Federal Republic of Germany shall apply with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
14. Netherlands giveaway terms and conditions
14. 1 Eligibility: The Netherlands giveaway will run through the Instagram and Facebook profile of Kale&Me until 15.11.2018. There is a chance to win one package consisting of 6 chia-bowls and 9 cold pressed shots. Like and commenting on the posting of the photo must be made within the above mentioned period in order to be considered in the draw.
To participate, follow Chia-Bowl and Kale&Me and comment the answer to the question. The competition may only be entered if the following terms and conditions of participation as well as the use of the personal data are accepted in the scope described under section 4.
Participation in the competition is only valid for residents of Germany, Austria, Switzerland and the Netherlands. The raffle exclusively takes place on Instagram and Facebook. However, this action is not affiliated with Instagram and is in no way sponsored, supported or organized by Instagram or Facebook. Participation does not require the purchase of the goods.
14.2 Profit, notification and profit transfer:
Within one business day after the end of the competition period, one package consisting of 6 chia-bowls and 9 coldpressed jshots . The winner will then be notified by comment and asked to provide the necessary address details in a direct message. If the address is not transmitted within 10 working days, the prize will be forfeited. The shipping costs of the prize are are taken care of. The prize cannot be cashed in.
14.3 Participant Committee:
The posted comment must be your sole intellectual property, be free from third party rights, and be free from any unlawful or inappropriate content. In particular, no comments may be posted that
- have insulting, racist, discriminatory or pornographic content,
- include advertising on its own behalf or advertising for other brands,
- violate copyright, personality, trademark or competition law.
You are solely responsible for the content of the posted comment.
Kale & Me GmbH reserves the right to delete comments at any time, if at its own discretion Kale & Me GmbH suspects that a comment violates these terms and conditions.
Also excluded from participation in the competition are employees of Kale & Me GmbH and all persons involved in the competition, in particular those involved in the technical and / or organizational implementation or implementation.
The winner agrees that his data may be used by Kale & Me GmbH to process the raffle. The use of this data can be prohibited at any time by e-mail to email@example.com. This stops the processing and excludes the person from the raffle. The data will be deleted after completion of the raffle.
The contract language is German and/or English.
The place of jurisdiction for all current and future claims arising from the business relationship with entrepreneurs, including claims arising from bills of exchange and cheques, shall be Hamburg. The same applies to consumers if the customer does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence outside Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed.
In business transactions with entrepreneurs, the joint place of performance of the parties is Hamburg.
Should one of the above conditions not be effective, this shall not affect the validity of the remaining provisions.
Status of the GTC: July 2018