Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr We are prepared to participate in an out-of-court arbitration procedure.
General Terms and Conditions of Kokochii soles online GmbH (as of: 01.07.2020)
- Subject matter and scope
1.1. These General Terms and Conditions (hereinafter also referred to as "GTC") apply to all contracts for the manufacture, purchase and purchase of goods, in particular the custom-made shoe insoles from Kokochii ("Kokochii insoles"), which are concluded between Kokochii soles online GmbH, represented by the managing directors Dr. Kerstin Lauer and Mr. Leonard Maier, with business address at Dr.-Sauermann-Weg 3, 82319 Starnberg, registered in the commercial register of the Munich District Court under HRB 232369 (hereinafter referred to as "Kokochii") and consumers within the meaning of Section 13 of the German Civil Code (hereinafter referred to as "customers") via the Kokochii online shop.
1.2. Unless expressly agreed in writing, the basis for the contractual relationship between Kokochii and a customer and for all mutual claims arising from and in connection with a contract between Kokochii and a customer within the framework of a business relationship shall be exclusively the following General Terms and Conditions in the version valid at the time of the conclusion of the contract (available at www.kokochii.de).
1.3. Terms and conditions that deviate from or supplement these General Terms and Conditions shall not apply to contractual relationships with Kokochii, in particular if Kokochii manufactures and delivers goods in knowledge of any General Terms and Conditions of the Customer and/or has not expressly objected to the validity of the General Terms and Conditions of the Customer.
1.4. The offer in the Kokochii online shop is only aimed at consumers within the meaning of Section 13 of the German Civil Code (BGB). Kokochii reserves the right to refuse to conclude a contract or to withdraw from a contract if an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) wants to purchase goods from the online shop for commercial purposes. However, entrepreneurs are free to contact Kokochii at info@kokochii.de to find out about their options for purchasing goods from the Kokochii online shop.
1.5. The purchase of goods via the Kokochii online shop is only permitted to the extent that is customary for household use. Kokochii reserves the right to (partially) withdraw from a contract if an order exceeds the customary household scope. - Ordering process and conclusion of contract
2.1. The display of goods in Kokochii's online shop does not constitute a binding offer within the meaning of Section 145 of the German Civil Code (BGB) to conclude a contract. The display of goods in the online shop is merely Kokochii's invitation to the customer to make an offer to Kokochii to purchase goods offered in the online shop (invitatio ad offerendum).
2.2. Ordering process:
2.2.1. Step 1 – Product selection:
The customer selects the desired goods in the online shop by clicking on the “Add to cart” button. After the customer has finished selecting the goods, he can view his selection of goods in the shopping cart by clicking on the “View shopping cart” button.
2.2.2. Step 2 – Enter order data
If the customer does not wish to make any changes to the selection of goods in the shopping cart, he can continue the ordering process for the selected goods and enter the required order data by clicking on the "Continue to checkout" button displayed in the shopping cart. The customer is then redirected to various input fields where he can enter his customer and order data, including the customer's delivery and billing address (all (personal) data required for the conclusion of the contract is marked with "*") and confirm by clicking on the "Next" button.
At the end of the input process, the customer is redirected to the payment process after clicking the "Next" button. The customer selects the desired payment method and confirms the mandatory fields, the cancellation policy, data protection policy and general terms and conditions.
After confirming the mandatory fields, the paid order will be placed.
2.2.3. Step 3 – paid order
Before the "footer profile" is created, the customer can submit a binding offer to Kokochii to purchase the goods in the shopping cart by clicking on the "Pay" button (hereinafter referred to as "order"). Before placing the order, the customer can change and view the data at any time, identify any input errors and, if necessary, correct them before the final, binding submission of the order. Immediately after submitting the order (paying for the goods), the customer receives a confirmation of receipt of the order from Kokochii by email, stating the respective order number and the order details (hereinafter referred to as "order confirmation").
Step 3 – Foot profile –
Product configuration
As part of the product configuration, the customer is asked for the information required to produce his custom-made Kokochii insoles.
In addition, the customer must take 5 digital photos and a video of the feet while walking according to the specified specifications and upload them to Kokochii for transmission in accordance with the instructions provided (particularly regarding the file formats used).
2.3. Verification of customer information
2.3.1. Following the ordering process, all of the customer's information from the ordering process is checked. This involves checking the processability of the submitted data and evaluating which individual fit the Kokochii insoles can be made for the customer. The information and images are also used to assess whether there is an obvious medical indication against using Kokochii products.
2.3.2. If, during the review and evaluation of the data provided by the customer during the ordering process, it is determined that information is incorrect or that data cannot be processed, the customer will be notified by email within 48 hours of receipt of the order confirmation (hereinafter referred to as "status mailing") and a corresponding correction procedure will be offered.
2.4. Conclusion of contract
2.4.1. After successful completion of the verification process in accordance with section 2.3. or any necessary correction procedure, the customer will receive a notification via email that the order is now being processed and executed (hereinafter referred to as "order confirmation"). When the customer receives the order confirmation, the contract between Kokochii and the customer for the purchase of the selected goods is concluded.
2.4.2. Kokochii does not provide medical advice, diagnosis or treatment; a treatment contract is not concluded between Kokochii and the customer - the conclusion of such a medical treatment contract by Kokochii is refused. - Cancellation of orders by Kokochii
3.1. The contract can only be executed by Kokochii if the mandatory information requested from the customer during the ordering process has been provided correctly and completely by the customer and if the customer has configured the goods completely and correctly in accordance with the relevant specifications on the website. The customer is obliged to immediately report any errors and/or inaccuracies in the information (in particular delivery and payment data) that has been transmitted to Kokochii.
3.2. Kokochii is entitled to cancel the order if the offer is no longer available, if the customer has provided incorrect or faulty information during the ordering process, if the images to be taken as part of the product configuration are blurred, under- or overexposed or were not created and transmitted in accordance with the instructions provided on the website, if the evaluation of the images and information provided by the customer suggests that the use of the ordered Kokochii goods may have adverse medical consequences for the customer or if there is a case of force majeure.
Cancellation will be made by notifying the customer via email stating the reason for cancellation and immediately after becoming aware of the reason for cancellation (hereinafter referred to as “cancellation notification”).
3.3. If Kokochii cancels an order that has already been paid by the customer, Kokochii will immediately transfer the amount already paid back to the same account from which the customer made the payment after sending the cancellation notification. The same procedure will be followed if payment and cancellation overlap in time. - Prices and payment terms
4.1. For the production and delivery of the ordered goods, the customer must pay Kokochii the prices shown on the Kokochii website. All prices are stated in euros (€) and include statutory VAT, as well as other price components and any other applicable taxes and duties. The prices apply exclusively to orders in the online shop. The respective packaging/shipping costs are added to the product prices. Possible customs duties or other local taxes are to be borne by the customer. Further information on shipping costs can be found under ##.
May be adjusted again. KL
4.2 The customer can use the following payment methods: bank transfer and the PayPal payment service provided by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, 2449 Luxembourg.
More payment methods will be added.
4.3 Unless otherwise stated by Kokochii on the website, payment claims arising from contracts concluded with Kokochii are due immediately upon conclusion of the contract. - Invoicing
5.1. Kokochii issues an invoice to the customer for each order. The invoice is created in accordance with the applicable legal requirements for invoicing.
5.2. The customer receives the invoice with the status mailing (see section 2.4.2.) as a separate attachment to the email. By concluding the contract, the customer declares his consent to receive invoices from Kokochii via email. - delivery terms
6.1. The delivery time is indicated when ordering the goods on the Kokochii website. It is calculated from the time of receipt of payment.
6.2. The delivery time may be delayed if the customer needs to correct or resubmit the information and files provided during the ordering process and has been asked to do so in the status mailing.
6.2. Delivery will be made by the transport company DHL to the delivery address specified by the customer within the European Union. - Warranty for defects
The customer is entitled to the statutory warranty rights in the event of material and/or legal defects. The customer has no further claims. Clause 8 applies accordingly. - Disclaimer and limitation of liability
8.1. Kokochii is liable without limitation for damages resulting from injury to life, body or health that are causally attributable to a breach of duty committed by Kokochii itself or by a legal representative or vicarious agent of Kokochii. In addition, Kokochii is liable without limitation for breaches of duty committed intentionally or through gross negligence by Kokochii itself or its legal representatives, employees or vicarious agents and the damages causally resulting from them.
8.2. Kokochii's liability for slightly negligent breaches of duty by Kokochii, its legal representatives, employees or vicarious agents is therefore excluded, with the exception of the provisions of Section 8.1 regarding physical injury, damage to life and damage to health.
Kokochii's liability for damages resulting from incorrect, false or inaccurate information provided by the customer during the ordering process is excluded.
This does not affect Kokochii's liability for damages resulting from slightly negligent breach of essential contractual obligations (so-called cardinal obligations) by Kokochii, its legal representatives or vicarious agents. In the case of liability due to slight negligence, this liability is limited to the damage that is typically foreseeable under the contract. Liability under the Product Liability Act also remains unaffected.
8.3. Furthermore, Kokochii expressly disclaims any liability for downtimes or disruptions of the Kokochii website, for statements made by customers on the website and for the content and information uploaded there, as well as for their loss.
8.4. To the extent that Kokochii’s liability is limited or excluded under the above provisions in this Section 8, this also applies to the personal liability of Kokochii’s legal representatives, employees and vicarious agents.
8.5. The above provisions do not involve a change in the burden of proof to the detriment of the customer. - Retention of title
The ordered goods remain the property of Kokochii until full payment has been made. - Criminal law
The customer is solely responsible for the content of the image files transferred as part of orders. - Information on data processing
With regard to data processing, reference is made to the separate information on data processing. These are available at ##. - Right of withdrawal
The right of withdrawal for consumer contracts is excluded for customers of the web shop according to Section 312g Paragraph 2 No. 1 of the German Civil Code (BGB), as the goods sold by Kokochii via the online shop are exclusively custom-made products that are manufactured individually for each customer and adapted to the customer's personal needs. - Final provisions
13.1 The contract language is German.
13.2. Agreements concluded on the basis of these General Terms and Conditions are subject exclusively to German law, insofar as this is compatible with national and European law. The applicability of the provisions of the UN Convention on Contracts for the International Sale of Goods is excluded.