1) Scope of Application
1.1 These General Terms and Conditions ("GTC") of Swish UG trading under "Kokoro Berlin", Simon-Dach-Str. 20, 10245 Berlin (the "Provider"), apply to all contracts that a customer concludes with regard to the goods and/or services in the publicly accessible area of the online store www.kokoro-berlin.com. The Provider is not responsible for the content of any such contracts. Conflicting terms and conditions on the part of the customer are hereby contradicted.
1. 2 Consumers within the meaning of these GTC are natural persons who conclude a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity. Entrepreneurs, on the other hand, within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
2) Order process and conclusion of contract
2.1 The product presentations in the online store do not yet constitute a binding offer to conclude a contract, but are merely intended to provide the customer with more detailed information about the products before submitting a purchase offer on his part.
2.2 The customer can select products from the range and collect them in the virtual shopping cart via the button "Add to cart" without obligation. The customer can view the shopping cart at any time by clicking on the button "Your shopping cart" and, if necessary, remove goods from the shopping cart, correct their quantity, or cancel the ordering process.
2.3 The customer can submit a legally binding offer via the online order form integrated in the online store. 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 contractual offer with regard to the goods contained in the shopping cart by clicking the "Buy Now" button.
2.4 The Provider shall immediately confirm receipt of the order (the order confirmation) by e-mail. However, this does not constitute an acceptance of the purchase contract offer. The contract only comes into effect with the acceptance of the offer by the provider legally. The acceptance of the purchase offer is made by the provider either sending an order confirmation by e-mail to the customer or declaring the acceptance explicitly or implicitly by shipping the ordered goods to the customer.
2.6 When submitting an offer via the online order form, the provider stores the data of the order. The order data and the GTC shall be sent to the customer by e-mail. If the customer has created a customer account when placing the order, he can also retrieve the order via this by providing the corresponding login data.
2.7 The order processing and contacting is usually done by e-mail and automated. The customer must ensure that the e-mail address provided by him for order processing is correct and that he receives e-mails sent by the provider at this address. In particular, if spam filters are used, the Customer must ensure that all e-mails sent by the Provider or by third parties commissioned by the Provider to process the order can be delivered.
2.8 The selection of goods, the conclusion of the contract and the processing of the contract shall be carried out in German. The provider exclusively supplies customers within the European Union.
3) Prices and terms of payment
3.1 The stated product prices are final prices and include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 The customer can choose between different payment options: Credit card, prepayment by bank transfer or PayPal.
3.3 If the customer has chosen "bank transfer" as a payment method, the customer will be informed of the provider's bank details in the order confirmation. The invoice amount is to be transferred to the account of the Provider within 10 days.
3.4 If the customer has chosen "PayPal" as a payment method, he will be directed to an external website of PayPal S.a.r.l. after completion of the order process, where he enters his PayPal data and hereby initiates the payment.
4) Delivery and shipping conditions
4.1 Each delivered product remains the property of Swish UG until full payment.
4.2 The delivery of goods is carried out by shipping to the delivery address provided by the customer. A delivery is made only within the European Union. When processing the transaction, the delivery address specified by the customer in the order processing is decisive.
4.3 If the transport company returns the shipped goods to the Provider because it could not deliver them to the Customer, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the provider had given him reasonable advance notice of the service.
4.4 The Provider shall perform within the delivery period specified during the ordering process and in the order confirmation.
5) Right of revocation
5.1 The customer has the right to revoke the contract within fourteen days without giving reasons, provided that he has concluded the contract as a consumer, i.e. the transaction can be attributed predominantly neither to his commercial nor his independent professional activity.
5.2 The revocation period is fourteen days from the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered by the customer as part of a single order and delivered separately, the withdrawal period begins on the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the last goods. In the case of a contract for the delivery of goods in several partial consignments or pieces, the withdrawal period shall commence on the day on which the customer or a third party named by him who is not the carrier has taken possession of the last partial consignment or the last piece.
5.3 To exercise the right of withdrawal, the customer must inform the provider (Swish UG, Simon-Dach-Str. 20, 10245 Berlin, +4917623889531, firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of his decision to revoke this contract. The customer can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
5.4 In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
5.5 If the Customer revokes the contract, the Provider shall reimburse the Customer for all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the most favorable standard delivery offered by the Provider), without undue delay and no later than within fourteen days from the day on which the Provider received the Customer's notification of revocation of this contract.
5.6 The Provider may refuse repayment until it has received the goods back or until the Customer has provided proof that it has returned the goods, whichever is the earlier.
5.7 The Customer shall return or hand over the goods to Swish UG, Simon-Dach-Str. 20, 10245 Berlin, without undue delay and in any case no later than within fourteen days from the day on which he notifies the Provider of the revocation of this contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days.
5.8 The customer shall bear the direct costs of returning the goods.
5.9 The customer must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods not necessary for the examination of the quality, characteristics and functioning of the goods.
6.1 If the goods are defective, the provisions of the statutory liability for defects shall apply.
6.2 If the Provider has made subsequent performance by way of replacement delivery, the Customer shall be obliged to return the goods first delivered to the Provider within 30 days at the Provider's expense. The return of the defective goods shall be made in accordance with the statutory provisions. The provider reserves the right to claim damages under the conditions regulated by law.
7.1 Any claims for damages of the customer beyond the warranty rights are generally excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Swish UG, its legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
7.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
7.3 The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
7.4 As a result of factors that cannot or cannot sufficiently be influenced by the Provider or the Supplier (so-called force majeure, for example weather-related influences), longer delivery periods may occur in individual cases. Liability for loss of profit, unforeseeable damages or consequential damages is excluded.
7.5 The provisions of the Product Liability Act shall remain unaffected.
8.1 Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
8.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of Swish UG.
8.3 The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
8.4 Information on online dispute resolution: The European Commission provides a platform for online dispute resolution (OS), which can be reached at http://ec.europa.eu/consumers/odr/.