TERMS & CONDITIONS

(The following GTC also contain legal information about your rights under the provisions on distance contracts and electronic commerce.)

General Terms and Conditions for the COAYA Online Shop

Scope

These General Terms and Conditions apply to all orders placed by customers in the COAYA online shop (accessible, for example, via www.coaya.de, www.coaya.com, www.coaya.eu, and www.coaya.at), as well as to contracts concluded and deliveries made in this context. The COAYA online shop is operated by COAYA GmbH (hereinafter referred to as "COAYA"), Tucholskystraße 37, 10117 Berlin, registered in the Commercial Register at AG Berlin (Charlottenburg) HRB 236614 B. COAYA is the customer's contractual partner for all purchases made through the COAYA online shop.

Both private and commercial customers can shop in the COAYA online shop. Some provisions of these GTC are explicitly applicable only to "consumers" as defined by Section 13 of the German Civil Code (BGB) or only to "entrepreneurs" as defined by Section 14 of the German Civil Code. "Consumers" are all natural persons who enter into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. "Entrepreneurs" within the meaning of Section 14 of the German Civil Code are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or self-employed professional activity when concluding the contract.

COAYA provides all deliveries and services exclusively under the application of these General Terms and Conditions. The version available on www.coaya.de at the time of the contract's conclusion applies. Deviations from the conditions require the consent of COAYA. If the customer is an entrepreneur, deviations, especially the application of the customer’s own general terms and/or purchasing conditions, require the express and written consent of COAYA to be effective.

Offer and Steps to Conclude the Contract

The presentation of products in the online shop does not constitute a legally binding sales offer but rather an invitation to submit an order (purchase offer). By clicking the "order with payment obligation" button, you submit a binding order for the goods listed on the order page. The confirmation of receipt of the order is sent automatically by email immediately after the order is submitted and does not yet constitute acceptance of the contract. The purchase contract is concluded when we accept your order by sending an order confirmation via email or by delivering the goods within 3 working days.

If the customer has chosen an instant payment system (e.g., the "PayPal" payment method or "SOFORT Banking") during the order process, the contract is exceptionally concluded during the ordering process with the confirmation of the payment instruction by you to the respective payment service provider and by clicking the "order with payment obligation" button.

The COAYA online shop is intended for sales in household quantities. COAYA reserves the right to reject orders exceeding this quantity.

Prices and Shipping Costs

The prices indicated in the online shop include statutory VAT and all other price components. For orders with a total value of €48.48 or more, COAYA covers the shipping costs; for orders with a lower total value, the customer will be charged shipping costs of €5.55.

Discounts, bonuses, promotional vouchers, and other price-related special offers that COAYA offers separately and/or advertises are not combinable for the same purchase item.

Transfer of Risk and Shipping

Shipping is carried out with a carrier (e.g., DHL) of COAYA's choice.

If the customer is a "consumer" (see section 1.2), COAYA bears the shipping risk. However, if the customer is an "entrepreneur" (see section 1.2), the shipping is at the customer’s risk.

Delivery

Delivery is made to addresses within EU, Switzerland and the US.

The delivery time for shippable goods is, unless otherwise specified in the specific offer text, up to 3 working days within Germany, and up to 5 working days to delivery addresses within EU (working days are Monday to Friday, excluding public holidays and December 24 and 31). For items marked as "out of stock," COAYA will provide a delivery time upon individual request. Information about whether COAYA has the desired product in stock can be found in the respective product description.

If the ordered product is not available because COAYA is not supplied with the product or necessary precursor products by its supplier through no fault of its own, COAYA is entitled to withdraw from the contract. In this case, COAYA will inform the customer immediately and, if applicable, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, COAYA will promptly refund any payments already made by the customer.

Payment Conditions and Right of Retention

The customer can pay the purchase price via credit card (see section 6.2), PayPal (see section 6.3), and SOFORT Banking (see section 6.4).

When using the credit card payment method, payment processing is carried out via the payment service provider "Mollie," Mollie B.V., Keizersgracht 126, 1015CJ Amsterdam/Netherlands. Upon delivery of the goods, the customer's credit card will be charged by Mollie for COAYA. Therefore, the customer will see a reference to "Mollie" on their account statement. For more information about Mollie, visit https://www.mollie.com/de/consumers.

For PayPal payments, the charge to your account is made upon conclusion of the contract. During the order process, you will be redirected to the website of the online provider PayPal. After submitting your order in the COAYA shop, you will be directed to a PayPal webpage to initiate payment, where you must confirm the payment instruction to PayPal. The payment transaction will be carried out automatically by PayPal immediately afterward. You will receive further information during the ordering process and directly from PayPal at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

SOFORT Banking is a payment method provided by the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich. After placing the order, you will be redirected to the website of this online payment provider. To pay the invoice amount via this method, you must have a bank account that is generally enabled for online banking, identify yourself using your access data (PIN), and confirm the payment instruction to COAYA using a confirmation code. For security reasons, each confirmation code can only be used once. These details are encrypted and sent directly to your bank. Further information will be provided during the order process. The payment transaction will be carried out immediately afterward, confirmed to COAYA, and your account will be debited. For more information, visit https://www.sofort.com/de/mit-sofort-bezahlen/.

Retention of Title

COAYA retains ownership of the delivered goods until the full payment has been made.

If the customer is an "entrepreneur" (see section 1.2), the following retention of title provisions also apply: The customer is entitled to dispose of the delivery item in the ordinary course of business, subject to the right of revocation for good cause. In particular, security transfer and pledging are not permitted. The customer may only pass on the goods under retention of title to the buyer if they are not in default of payment to COAYA.

Right of Withdrawal

If the customer is a "consumer" (see section 1.2), they have a 14-day right of withdrawal. However, the right of withdrawal does not apply to COAYA products:

- that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs (e.g., if you order a product with a custom-designed product label);

- that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Instructions for Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last item. To exercise your right of withdrawal, you must inform us (COAYA GmbH, Tucholskystraße 37, 10117 Berlin, Tel.: +49 (0)175 4971745, Email address: widerruf@coaya.com) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including the delivery costs (except for additional costs arising if you chose a different type of delivery than the cheapest standard delivery offered by us) without undue delay and no later than 14 days from the day we receive notice of your withdrawal from this contract. We will carry out the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier. You must return the goods to us (COAYA GmbH, Tucholskystraße 37, 10117 Berlin) without undue delay and no later than 14 days from the day