Terms of service

Last Update: 7. June 2023

Table of contents

1. Validity of the GTC

  1. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
  2. All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
  3. A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
  4. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. General Information on Offers and Orders

  1. The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
  2. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
  3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Ordering Process and Conclusion of Contract

  1. The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  2. By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
  3. The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.

4. Contract Text and Contract Language

  1. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
  2. If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
  3. The contractual language is English, contracts can be concluded in this language.

5. Prices and Shipping Costs

  1. Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
  2. The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
  3. In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.

6. Payment Methods and Terms

  1. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
  2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  3. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  4. If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").

7. Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

8. Delivery, Availability of Goods

  1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
  2. If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
  3. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
  4. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

9. Promotional vouchers

  1. "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
  2. Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
  3. Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
  4. Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
  5. Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
  6. If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
  7. If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

10. Instructions on Withdrawal

For the purposes of these Instructions on Withdrawal, "Consumer" means any natural person who enters into a legal transaction for purposes which are predominantly outside his or her trade, business or profession.

10.1. 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 acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

Otherwise in the case of a contract for the delivery of goods in several partial shipments or pieces, the withdrawal period is 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

To exercise the right of withdrawal, you must inform us (10th Dan Solutions B.V., Obrechtstraat 120, 2517 VZ Den Haag, Netherlands, E-mail-address: support@koanna.com, Phone number: + 31 642494145) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

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

10.2. Consequences of the Exercise of the Right of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

10.3. Model Withdrawal Form

(If you wish to withdraw the contract, please complete and return this form).

To

10th Dan Solutions B.V., Obrechtstraat 120, 2517 VZ Den Haag, Netherlands, E-mail-address: support@koanna.com

I/we (*) hereby revoke the contract concluded by me/us (*) concerning the

purchase of the following goods (*)/provision of the following service (*)

______________________________________________________

______________________________________________________

Ordered on (*) ____________ / received on (*) _________________

_______________________________________________________

Name of the consumer(s)

_______________________________________________________

Address of consumer(s)

_______________________________________________________

Signature of the consumer(s) (only in case of paper communication)

_________________________

Date

(*) Delete where inapplicable.

10.4. Connected/ Financed Contracts

If you finance this contract by means of a loan and withdraw it later, you are also no longer bound by the loan contract, provided that both contracts form an economic unit. This is to be assumed in particular if we are your creditor at the same time or if your creditor makes use of our cooperation with regard to the financing. If the loan has already been received by us when the withdrawal becomes effective, your creditor shall be subrogated to our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the withdrawal or the return. The latter does not apply if the subject of this contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).

If you want to avoid a contractual obligation as far as possible, make use of your right of withdrawal and also withdraw from the loan agreement if you are also entitled to a right of withdrawal for this agreement.

10.5. Instructions for the Return of Goods

Please avoid damage or soiling of the goods.

Please return the goods to us in the original packaging and outer packaging with all accessories and packaging components, if possible. If the original packaging or outer packaging is no longer in your possession, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.

11. Warranty and Liability

  1. Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
  2. If a guarantee is granted for the products in addition to a statutory warranty, this guarantee can be found in the product descriptions. Customers will be informed about the guarantee conditions.

12. Dispute Resolution

  1. The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
  2. We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.