Terms & Conditions

 

terms and conditions

The following general terms and conditions include statutory information on your rights according to rules and regulations on distance- and electronic sale contracts.

§ 1 application and definition of terms

(1) Business between vendor and client is exclusively subject to these terms and conditions in their valid form and version at the time of order. Contrary or alternative terms or conditions brought forward by the contracting party or buyer shall be deemed to be void unless agreed on and accepted expressly in writing.

(2) Products on the platform kotai-design.com are only available for purchase by consumers. Businesses may not purchase products through kotai-design.com, separate contracts must be obtained in writing directly from the vendor.

(3) Whether the client is a consumer shall be determined according to the definition in § 13 BGB. If the client is accordingly not a consumer, he shall be deemed a business.

§ 2 contract

(1) A contract can be established through the order process on the website and can be completed as follows:
(a) The client can choose from an assortment of products, which are collected in the shopping “bag”. By clicking “checkout” the client reaches a page where he may enter his delivery and invoice addresses and chose his payment method. This page can only be reached by accepting these terms and conditions. After entering invoice and payment details, the client is presented with a summary of his order. By clicking “pay”, the client places his binding order of the items in his shopping bag. Before placing his order, the client has the ability to view and change his details at all times. The client may do this by navigating back in browser or by cancelling and restarting the checkout process.
(b) The vendor then sends the client an automated confirmation of receipt, including order, delivery and payment details. In this receipt, the vendor informs the client, that the order is undergoing review. This confirmation can be printed by the client by selecting the “print” option of his email client. The confirmation of receipt merely documents, that the order has been received and does not imply acceptance of the order by the vendor. The vendor will then determine, whether he can accept the order. In case the order can only be delivered in part or not at all, the vendor will inform the client immediately. If the order can be delivered, the vendor will inform the client through an order confirmation email.
(c) The contract is only established through order confirmation by the vendor, which is delivered in a separate email (order confirmation). In this email the contractual terms (consisting of order details, terms and conditions, revocation instructions and order confirmation) are disclosed to the client. The contract details are stored in keeping with our privacy policy. It is possible for the client to print these terms and conditions and his order details at any time during the order process. We save all contract data and send the client his order details and our terms and conditions via email. For security reasons, order details are no longer accessible on the internet once an order has been placed.
(2) When ordering through the online store of the vendor, a contract is established with:

KOTAI, CEO Kei Gätje-Urayama, Address:
Schwedenstraße 2, 13357 Berlin, Germany
Phone: +49 176 544 17770
Email: kei@kotaistudios.com
VAT-ID: DE311290342
Court of registration: Berlin Mitte

(3) Contract languages shall be German and English.

§ 3 delivery & transfer of risk

(1) Information on delivery times can be found on the product pages.
(2) If the client is consumer, risk of accidental destruction, accidental damage or accidental loss of the ordered goods shall be carried by the client once the product is delivered to the client or the client defaults acceptance of delivery.
(3) If the client is a business, the above mentioned risks are carried by the client once the order has been dispatched by the carrier.

§ 4 retention of title

(1) until the order (including VAT and shipping costs) has been paid in full, the merchandize remains sole property of the vendor.
(2) the following is only applicable to business clients: The client is not authorized to sell delivered products under retention of title. In case of a sale, the client assigns all claims arising out of this sale up to the amount owed plus 20% to the vendor.

§ 5 prices and delivery

(1) All prices on the website of the vendor are quoted including the respective value added tax (VAT). Shipping costs are not included.
(2) Possible shipping costs payable by the client are clearly indicated on the product pages, in the shopping bag and on the checkout pages.
(3) The following delivery restrictions apply: The vendor only delivers to clients, whose habitual residence is in one of the following countries: Member states of the European Union, Switzerland.
(4) Different prices and conditions from the list available on the vendor’s website can be arranged with business clients for large orders. These are to be confirmed in writing by the vendor.

§ 6 payment

(1) The client can pay through advance invoice payment or paypal.
(2) Paypal is an external payment service. To pay via paypal, the client can do so either through his own paypal account or through selecting “pay without account”. If the client chooses paypal as his method of payment, he is forwarded to the paypal website, where he can either create a new account, log in with an excisting account or pay without a paypal account. He is then prompted to commence payment according to the instructions on the paypal website. When paying through paypal, the order will be dispatched as soon as the vendor has received confirmation about the successful transaction by paypal.
(3) When paying through invoice advance payment, the client will be informed about the payable amount and our banking details via email, as soon as the order is ready for dispatch.
(4) Invoice payment is due when the client has received the order confirmation and the contract has been established, unless different terms have been agreed upon in writing. If a time for payment has been specified by reference to the calendar, the client will be in default without a reminder once that date has passed. In this case he shall be liable to pay 5 percent above base rate default interest. In case the client is a business, he shall be liable to pay 9 percent above base rate default interest, as well as a fixed rate of 40 Euros.
(5) The client’s obligation to pay default interest does not diminish the vendor’s right to claim further damages caused by delayed payment or to withdraw from the contract according to § 323 BGB.

§ 7 warranty

(1) If the product has been received with a material defect, the client has the right to ask the vendor to eliminate this defect or to replace the product with a flawless version. The vendor has the right to deny the client’s chosen form of rectification, if it entails disproportional costs.
(2) If rectification fails, if it is unreasonable to the client or the vendor denies rectification, the client is entitled to withdraw from the contract, reduce the sales price or claim damages for his fruitless expenditures according to relevant applicable law. A client’s claim to damages are additionally subject to special conditions as written in § 8 of these terms and conditions.
(3) Warranty is 2 years following delivery of products to the client, if the client is consumer. If the client is a business, warranty is 12 months from delivery.
(4) The following is only applicable to business clients: The client is liable to check the product immediately upon receipt. The product is deemed approved by the client, if (i) an obvious material defect has not been reported to the vendor within 5 business days of receipt or (ii) a hidden material defect has not been reported to the vendor within 5 business days of discovery.
(5) Warranty shall only be applicable to delivered products, if it has been granted specifically in the order confirmation of those products.

§ 8 liability

(1) Clients’ claims for damages shall be excluded, unless they result from injuries to life, body or health of a person, from a violation of essential contractual obligations, or from the intentional infringement of obligations by the vendor, his legal representatives or agents. Contractual obligations are essential, if they are deemed necessary to fulfil the objective of the contract and which clients can normally rely on to be fulfilled.
(2) If a violation of essential contractual obligations occurs, the vendor only bears liability for foreseeable damage typical for this type of contract, if the violation was caused by simple negligence, unless it results in injuries to life, body or health of a person.
(3) The limitations detailed in parts (1) and (2) also apply to legal representatives and agents of the vendor, if claims for damages are made against them directly.
(4) Regulations of product liability law remain unaffected.

§ 9 revocation information

(1) When completing a remote purchase transaction, consumers have the legal right to revocation of contract, of which we shall inform according to statutory regulations in the following passage. Exemptions from the right to revocation of contract are detailed in section (2). A sample revocation form is found in section (4).

revocation instructions

Right of revocation
You have the right to revoke this contract within 14 days without giving reason.
The revocation period lasts 14 days from the day you or an authorized third party, who is not the carrier, have/has taken possession of the products.
To exercise your right to revocation of contract, you must inform us (KOTAI DESIGN, represented by CEO Kei Gätje-Urayama, Schwedenstraße 2, 13357 Berlin, phone +4915164926060, email kei@kotai-design.com) by a clear declaration (e.g. through traditional mail or Email) about your decision to revoke this contract. 

consequences of revocation

If you revoke this contract, we are required to refund all received payments in connection to this contract, including shipping costs (excluding extra costs arising out of the use of expedited shipping or any shipping other than the reasonable standard shipping offered by us) immediately and within 14 days of receiving your notice of revocation. Refunds shall be made by the same payment method used in the original transaction, unless something else has been agreed in writing. The client will not be charged any transaction costs. It is our right to deny refunds until we have received the products or until you have provided proof that the products have been sent, whichever event occurs first. You are to return the products immediately and in any case within 14 days of your notice of revocation. The deadline is met, if the products are sent within this 14 day period. All direct return shipping costs are to be covered by you. You are liable for loss of value only if such loss is due to handling of the product which is unnecessary to test its nature, characteristics and functionality.

end of revocation instructions

(2) Right to revocation does not apply for contracts containing the delivery of
(a) products which are not prefabricated and which are manufactured according to clients’ individual specifications or have been personalized for the client;
(b) products which are sealed and are unsuitable for return for reasons of health or hygiene once their seal has been removed;
(c) products which have been inseparably combined with other products due to their specific condition;
(d) products or services, including financial services, whose values are subject to financial market fluctuations out of the vendors control and which may occur during the revocation period, especially services in connnection to stocks, open fund shares according to § 1 section 4 KaGb and other marketable securities, foreign currencies, derivatives or money market instruments.

(3) In accordance with the law, the vendor informs about the standard revocation form as follows:

to

KOTAI

Schwedenstraße 2
13357 Berlin
E-Mail: kei@kotaistudios.com

hereby I/we () revoke the contract made by me/us () containing the delivery of the following products/services (*)

ordered on / received on (*) date
name of purchasing party
address of purchasing party
signature of purchasing party (only when sending by mail)
date
(*) delete as applicable

§ 10 data processing

(1) The vendor collects data of clients in the course of processing orders and contracts. This is done in accordance with rules and regulations set by the Federal Data Protection Act and the Telemedia Act. The vendor will only collect and/or use stock and usage data without prior consent of the client, if this is necessary for processing orders and contracts and for the use and invoicing of teleservices.
(2) With regard to the client’s consent and further information on the collection, processing and use of data, we refer to our privacy policy, which can be accessed and printed on the ” terms and conditions” page of our website under the tab “privacy policy”.

§ 11 final clauses

(1) For business clients: All contracts between vendor and client shall be governed by the law of the Federal Republic of Germany with exclusion of UNCITRAL commercial law.
(2) So as long as the client is a businessperson, a legal entity within a public body, or a special fund in the public sector, the place of jurisdiction for all disputes from the contractual relationship between client and vendor is Berlin. In all other cases, the vendor or the client may bring an action to any competent court according to statutory law.
(3) If an individual provision of this contract has been or becomes invalid, the remaining provisions shall remain valid.