General Terms and Conditions

Section 1 Scope, definitions

(1) Kukumba UG (limited liability), Bahnhofstraße 23, 83109 Großkarolinenfeld, Germany (hereinafter: "we" or "kukumba") operates an online shop for goods at https://kukumba.cool. The following General Terms and Conditions apply to all services between us and our customers (hereinafter: "Customer" or "you") in the version valid at the time of the order, unless expressly agreed otherwise.

(2) A "consumer" within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An "entrepreneur" is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.

Section 2 Conclusion of contracts, storage of the contract text

(1) The following provisions on concluding a contract apply to orders placed via our online shop at https://kukumba.cool.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following applies: The customer submits a binding offer to conclude a contract by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

Select the desired goods,
Add the products by clicking the relevant button (e.g., "Add to cart", "Add to bag", or similar),
Check the details in the cart,
Open the order overview by clicking the relevant button (e.g., "Proceed to checkout", "Proceed to payment", "Go to order overview", or similar),
Enter/check address and contact details, select the payment method, confirm the T and the cancellation policy,
If the agreed quality of the goods differs from their usual quality and conditions of use, confirm a negative quality agreement,
Complete the order by clicking the "Buy now" button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us at the email address provided within three business days.

(4) If a contract is concluded, the contract is concluded with Kukumba UG (limited liability), Bahnhofstraße 23, 83109 Großkarolinenfeld, Germany.

(5) Before placing the order, you can print the contract data using the browser’s print function or save it electronically. Order processing and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the T and the cancellation policy, takes place by email after you submit the order, in part automatically. We do not store the contract text after the contract is concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g., the browser’s "Back" button). They can also be corrected by cancelling the ordering process early, closing the browser window and repeating the process.

(7) Order processing and transmission of all information required in connection with the conclusion of the contract takes place by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

Section 3 Subject matter of the contract and key features of the products

(1) In our online shop, the subject matter of the contract is:

The sale of goods. You can find the specific goods offered on our product pages.

(2) The key features of the goods can be found in the product description. If the agreed quality of the goods differs from their usual quality and conditions of use, this is expressly stated in the product description (negative quality agreement). If the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.

Section 4 Prices, shipping costs and delivery

(1) The prices and shipping costs stated in the respective offers are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before the product is delivered (advance payment), unless we expressly offer purchase on invoice. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products unless the respective item is marked as free shipping. The shipping costs are clearly communicated to you again in the offers, if applicable in the cart system, and on the order overview.

(4) All products offered are ready for dispatch immediately, unless clearly stated otherwise in the product description (delivery time: approx. 5–7 business days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Austria.

(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of shipping to you if you effectively exercise your right of withdrawal. For return shipping costs, the provisions set out by us in the cancellation policy apply if you effectively exercise your right of withdrawal.

Section 5 Right of retention, retention of title

(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

Section 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

Section 7 Contract language

German is the only contract language available.

Section 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent or gross negligence.

(2) In cases of slight negligence, we are liable without limitation in the event of injury to life, body or health, or in the event of a breach of a material contractual obligation. If we are in default due to slight negligence, if performance has become impossible, or if we have breached a material contractual obligation, liability for resulting damage to property and financial loss is limited to the foreseeable damage typical for the contract. A material contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and to provide the contractually owed performance described in Section 3.

Section 9 Warranty

(1) Warranty is governed by statutory provisions.

(2) As a consumer, you are asked to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as quickly as possible. If you do not do so, this will of course have no effect on your statutory warranty claims.

Section 10 Final provisions / dispute resolution

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

(3) 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 is the provider’s registered office.

(4)Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.