Terms & Conditions
General Terms and Conditions of Anthony Kei Gätje-Urayama as of 20 June 2019
These terms and conditions of Anthony Kei Gätje-Urayama (hereinafter “KOTAI”) shall apply to all agreements pertaining to goods and/or services the customer enters into, which KOTAI displays in the public area of its online shop.
2. 1. Conclusion of the Agreement
2.1 The products displayed in KOTAI‘s online shop do not represent binding offers of KOTAI, but serve only for the purpose of the submission of a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the online shop. After having placed the selected items and/or services in the virtual shopping basket and after having passed the electronic ordering process, the customer submits a legally binding contractual offer regarding the items and/or services in the shopping basket by clicking on the button finishing the ordering process.
2.3 KOTAI confirms receipt of the order immediately. KOTAI can accept the offer of the customer within five days by
- sending a written order confirmation (letter, fax or e-mail), the date of receipt by the customer is decisive, or
- delivering the items ordered to the customer, the date of receipt of the items by the customer is decisive, or
asking the customer for payment.
In case KOTAI does not accept the customer’s offer in due time, the offer shall be deemed rejected. The customer shall no longer be bound by the offer.
2.4 The period for acceptance of the offer commences on the day after the offer was made by the customer. It expires on the end of the fifth day following the the offer.
2.5 Upon submission of the offer using the online order form KOTAI saves the data of the order and sends the order confirmation, including cancellation instructions, to the e-mail address provided by the customer. The customer can access the data of the order by entering the access information in case the customer registered for an account before placing the order.
2.6 Prior to the binding placement of the order via the online order form the customer can correct his entries permanently. In addition, prior to submitting the binding order, all data are displayed for confirmation and can be corrected. Our order process allows you to check and amend any errors before submitting your order.
2.7 The order processing and the contacting are generally effected via e-mail and automatic order processing. The customer has to ensure that the e-mail address submitted for order processing is valid so that e-mails sent by KOTAI can be received under this address. In particular when using spam filters, the customer has to ensure to receive all e-mails by KOTAI or by third parties acting on behalf of KOTAI.
German and English languages are available for conclusion of the agreement.
4. Right of Cancellation
4.1 The customer has the right to cancel the contract within fourteen calendar days without giving any reasons, provided the customer entered the contract as a consumer which means for purposes that are predominantly not related to the customers’ trade, business or profession.
4.2 The period of cancellation is fourteen days commending at the day on which the customer or a third party charged by the customer, other than the carrier, has acquired the material possession of the items. In case the agreement pertains to several items, which the customer ordered in one order and which are delivered separately, the period of cancellation shall commence on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last good. In case the agreement pertains to delivery of items in several separate consignments or in parts, the period of cancellation commences on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last separate consignment or part.
4.3 In order to exercise the right of cancellation, the customer has to inform KOTAI in writing (for example by letter to be sent by mail, fax or e-mail) to
Anthony Kei Gätje-Urayama
Tel: +49 15164926060
of the wish to cancel the contract. For this purpose, the customer can use the cancellation form but he has no obligation to do so.
4.4 To observe the period of cancellation it is sufficient to send the declaration of cancellation before expiry of the period of cancellation.
4.5 In case the customer cancels the contract, KOTAI shall be obliged to refund to the customer all payments KOTAI received from the customer, including delivery costs (not including any costs resulting from the fact that the customer chose a type of delivery other than the standard delivery) without delay and at the latest within fourteen days as of the day on which KOTAI received the customer’s notice of cancellation of the agreement. In order to refund the payments, KOTAI shall use the same means of payment the customer used upon the initial transaction, unless agreed otherwise with the customer. In no case fees will be charged to the customer due to the refund.
4.6 KOTAI may refuse the refund of payments until it has received the items.
The customer shall be obliged to return the items without delay and at the latest within fourteen days from the day the customer cancelled the contract
Anthony Kei Gätje-Urayama
Tel: +49 15164926060
The period shall be deemed observed if the customer dispatches the items before expiry of the period of fourteen days.
4.7 The customer shall bear the direct costs of returning the items, unless he returns the items in the original packaging with the enclosed postpaid return label by DHL delivery. In this case, KOTAI shall bear the costs. For details on the return with return label, contact KOTAI personally via e-mail.
4.8 The customer shall only be obliged to pay the costs of any reduction of the value of the item if such reduction results from handling of the items in a manner, which is not necessary in order to inspect the condition, characteristics or functioning of the items.
5. Prices and Terms of Payment
5.1 The prices include the statutory value added tax. Any additional delivery and shipping costs are listed separately in the respective product description.
5.2 The customer pays in advance by credit card or via PayPal.
5.3 Payment shall be due immediately after conclusion of the agreement.
6. Gift Vouchers and Campaign Vouchers
6.1 Gift and campaign vouchers as well as discount codes can be redeemed during the period of validity using the online order form before finishing the ordering process. The respective amount is set off against the purchase price. Subsequent offsetting after finishing of the ordering process is excluded.
6.2 For each order only one campaign voucher or discount code can be redeemed. Gift vouchers cannot be combined with campaign vouchers and discount codes.
6.3 KOTAI reserves the right to limit the validity of campaign vouchers and discount codes to certain products.
7. Delivery and Shipping Terms, Availability
7.1 Each product delivered remains KOTAI’s property until KOTAI has received payment in full.
7.2 The delivery is effected regularly by shipment and to the address indicated by the customer. Delivery is effected to countries within the European Union only. During the processing of the transaction, the delivery address indicated by the customer in the order processing is applicable. However, if the customer selected PayPal as payment method, the delivery address registered with PayPal at the time of payment via PayPal is applicable.
7.3 KOTAI shall effect delivery within the delivery period set out during the ordering process and in the order confirmation. The delivery period:
Within Germany: 2-3 working days
Within the EU: 3-8 working days
Rest of the World: 3-4 weeks
7.4 In case the forwarding agent returns the items sent to KOTAI because it was unable to deliver the items to the customer, the customer shall bear the costs for the unsuccessful delivery. This shall not apply in case the customer exercises its right of cancellation by refusing to accept the items, in case the customer is not responsible for the circumstances which led to the unsuccessful delivery or in case he/she was temporarily prevented from accepting the delivery, unless KOTAI informed him of the delivery time in advance and in due time.
7.5 In case the items ordered are temporarily not available, KOTAI shall inform the customer of the expected new delivery period. In case such new delivery period is unreasonable for the customer, the customer is entitled to withdraw from the agreement. In case of permanent unavailability KOTAI shall be obliged to inform the customer accordingly without delay. In this case both parties are entitled to withdraw from the agreement. KOTAI shall be obliged in this case to reimburse the payments made without delay.
8.1 In case the customer orders products from KOTAI to be delivered outside the EU, these products may be subject to import duties and import taxes, which may be levied immediately upon arrival of goods in the destination country. The customer shall be obliged to bear any additional charges for customs clearance; KOTAI does not have any influence on such charges. Customs regulations can differ substantially from one country to another and therefore, the customer should contact his local customs authorities and ask for further information.
8.2 The customer is considered to be the importer when he orders products from KOTAI and he is obliged to comply with all laws and regulations of the destination country. Cross-border deliveries are subject to opening and inspection by customs authorities.
9. Liability for Defects
9.1 Statutory liability for defects shall apply.
9.2 In case KOTAI provided subsequent performance in the form of a replacement delivery, the customer shall be obliged to return the items originally delivered within 30 days to KOTAI at KOTAI’s expense. The return of the defective items is subject to the statutory regulations. KOTAI reserves the right to claim damages under the requirements regulated by law.
10. Limitation of Liability
10.1 KOTAI’s liability is limited as follows: KOTAI shall only be liable for damages if the cause of damage is based on gross negligence or intentional breach of obligations by KOTAI or by one of KOTAI’s legal representatives or agents.
10.2 In addition, KOTAI shall be liable for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the purpose of the agreement or for the breach of obligations whose fulfilment enables the proper execution of the agreement in the first place, in particular the delivery of the purchased goods and transfer of the ownership, and on the fulfilment of which the customer regularly relies. In the latter case, however, KOTAI shall only be liable for damages typical of such contracts and foreseeable upon conclusion of the contract. KOTAI shall not assume liability for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.
10.3 The aforementioned limitation of liability shall not apply in the case of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product, and for the fraudulent concealment of deficiencies. The liability under the Product Liability Act shall remain unaffected.
11. Applicable law
11.1 All legal relationships of the parties are subject to the laws of Federal Republic of Germany except for the laws about the international purchase of movable goods.
11.2 This choice of law shall apply only insofar as the protection thereby granted is not contradicted by mandatory legal provisions of the laws of the country in which the consumer’s usual place of residence is located.
Cancellation instructions - Right of cancellation
You have the right to cancel the agreement within fourteen days without giving any reasons.
The period of cancellation is fourteen days commending at the day on which you or a third party charged by you, other than the carrier, have/has acquired the material possession of the goods. In case the agreement pertains to several items, which you ordered in one order and which are delivered separately, the period of cancellation shall commence on the day on which you or a third party charged by you, other than the carrier, have/has acquired material possession of the last good.
In case the agreement pertains to delivery of items in several separate consignments or in parts, the period of cancellation commences on the day on which you or a third party charged by you, other than the carrier, have/has acquired material possession of the last separate consignment or part.
In order to exercise your right of cancellation, you have to inform us
Anthony Kei Gätje-Urayama
Tel: +49 15164926060
in writing (for example by letter to be sent by mail, fax or e-mail) of your wish to cancel the contract. For this purpose, you can use the cancellation form, but you have no obligation to use this form.
To observe the period of cancellation it is sufficient that you send the notice of exercise of the right of cancellation before expiry of the period of cancellation.
Consequences of Cancellation
In case you cancel the agreement, we shall be obliged to refund to you all payments we received from you, including delivery costs (not including any costs resulting from the fact that you selected a type of delivery other than the standard delivery) without delay and at the latest within thirty days as of the day on which we received your notice of cancellation from the agreement. In order to refund the payments, we shall use the same means of payment you used upon the initial transaction, unless agreed otherwise with you. In no case fees will be charged to you due to the refund.
We may refuse to refund the payments until we have received the items or until you provided evidence that you sent the items, whichever occurs earlier. You shall be obliged to send the items back or to hand them over without delay and at the latest within fourteen days as of the day on which you informed us of the cancellation to Anthony Kei Gätje-Urayama, Schwedenstraße 2, 13357 Berlin. The period shall be deemed observed if you dispatch the items before expiry of the period of fourteen days.
You shall bear the direct costs of returning the items.
You shall only be obliged to pay the costs of any reduced value of the items if such reduced value results from handling of the items in a manner which is not necessary in order to inspect the condition, characteristics or functioning of the items.
Sample Cancellation Form
(In case you would like to cancel the agreement, please fill in the form
and send it back.)
Tel: +49 15164926060
I/we (*) herewith cancel the agreement on the purchase of the following items (*)/ on the provision of the following services (*) concluded with me/us (*)
ordered on (*)/received on (*)
name of consumer(s)
address of consumer(s)
signature of consumer(s) (only if on paper)
please delete as applicable
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.
(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
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).
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 email@example.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:
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)
(*) 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.
§ 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.