Terms and Conditions
1. Scope
1.1. These General Terms and Conditions of Sale (hereinafter: “GTC”) apply to all contracts concluded via our online shop at https://eu.kachava.com between us, Tribal Nutrition Limited, South Bank House, Barrow Street, 6th Floor, Dublin 4, Dublin, (hereinafter "Tribal") and you as our customer. The GTC apply irrespective of whether you are a consumer, entrepreneur or merchant.
1.2. All agreements between you and us in connection with the purchase contracts shall result in particular from these Terms and Conditions, our order confirmation and our declaration of acceptance.
1.3. The version of the GTC valid at the time of conclusion of the contract shall apply.
1.4. We expressly object to the inclusion of general terms and conditions of contractual partners. This also applies if terms and conditions of the contractual partner are attached or referred to in contractual documents as well as if Tribal performs or accepts services in the knowledge of conflicting or deviating terms and conditions of the contractual partner.
2. Conclusion of Contract
2.1. The customer can select from our range of products and collect them in a so-called shopping cart by clicking on the button "Add to shopping cart". From the shopping cart, the customer is directed to the order overview via the button "Continue to secure checkout". The customers can enter their data here or, before sending the order, the customers can change and view their data at any time. By clicking on the button "Pay Now", the customer submits a binding offer for the purchase or for the conclusion of a subscription with regard to the goods in the shopping basket. However, the offer can only be submitted and transmitted if the customers have accepted these GTC by clicking on the Checkbox "Accept GTC" and have thereby included them in their application.
2.2. Tribal then sends the customers an order confirmation by e-mail in which the customers's order is listed again and which the customers can print out using the "Print" function. The contract is concluded by the submission of the order confirmation e-mail. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the offer, these GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
3. Revocation
As the products are sealed groceries, revocation is excluded in accordance with § 312g Para. 2 No. 2 and 3 BGB (German Civil Code).
4. Delivery, Availability of goods
4.1. Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is stated for the respective goods in our online shop, it shall be 3 days.
4.2. If no units of the product selected by the customer are available at the time of the order, Tribal shall inform the customer immediately in the order confirmation. If the product is permanently not available, Tribal will refrain from a declaration of acceptance. In this case a contract is not concluded.
4.3. If the product specified by the customer in the order is only temporarily unavailable, Tribal shall also inform the customer of this immediately in the order confirmation.
4.4. If a product is only permanently or temporarily unavailable after conclusion but during the period of a subscription, Tribal will inform the customer immediately. The customer's account will only be debited via the saved payment method when the product is available.
4.5. The following delivery restrictions apply: Under this URL, Tribal only delivers to customers who have their habitual residence (billing address) in the following countries and can provide a delivery address in the same country: Germany.
5. Retention of Title
The delivered goods remain the property of Tribal until full payment has been made.
6. Prices and Shipping Costs
6.1. All prices stated on the Tribal website are inclusive of the applicable statutory value added tax.
6.2. The corresponding shipping costs are indicated to the customer in the order form and shall be borne by the customer. From an order of a Subscription or 2 or more Ka’Chava pouches Tribal delivers to the customer free of shipping costs.
6.3. The goods are shipped by post. The shipping risk shall be borne by Tribal if the customer is a consumer. If the customer is an entrepreneur or merchant, the customer shall bear the shipping risk.
7. Payment Modalities
7.1. The customer can pay by credit card or Shop Pay or Apple Pay or Google Pay.
7.2. The customers can change the payment method stored in their user account at any time.
7.3. In the case of individual purchases, payment of the purchase price is due immediately upon conclusion of the contract. In the case of subscriptions, the customer's account will be debited, via the saved payment method, on day of the dispatch of the respective delivery.
8. Termination of Subscription and deletion of user account
8.1. The customer may terminate subscriptions at any time without notice. The customer can send the notice of termination to support@eu.kachava.com or cancel via the website. To do so, the customer must click on the “Cancel Account” button in their user account and will then be forwarded to the termination form. By clicking the button "Cancel now", the customers send notice of termination to Tribal.
8.2. The customers can delete their user account at any time. The customers can delete their user account via the website. To do so, the customers must click on the button "Cancel Account" in their user account and will then be forwarded to the termination form. By clicking the button "Terminate now", the customers delete their user account. The deletion of the user account is only possible if no current subscription contracts exist.
9. Liability for defects, Guarantee
9.1. Tribal is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for goods delivered by Tribal to entrepreneurs is 12 months.
9.2. Tribal grants the customer a satisfaction guarantee. This entitles the customer to claim back the price paid for the product within 30 days after receipt of the respective product, even if the customer has completely consumed the product. The satisfaction guarantee applies only to the first order and only to one product of each flavour. The satisfaction guarantee can only be claimed by filling in the form at https://support.kachava.com/hc/de-de/requests/new.
10. Liability
10.1. Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by Tribal, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
10.2. In the event of a breach of essential contractual obligations, Tribal shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.
10.3. The restrictions of paragraphs 10.1. and 10.2. shall also apply in favour of the legal representatives and vicarious agents of Tribal if claims are asserted directly against them.
10.4. The provisions of the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
11. Miscellaneous
11.1. Contracts between Tribal and the customer shall be governed by the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customers have their habitual residence as a consumer, remain unaffected.
11.2. 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 Tribal is the registered office of Tribal.
11.3. The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.