Kurzgesagt EU Shop – Terms and Conditions & Right of Withdrawal

kurzgesagt – in a nutshell GmbH, Landwehrstr. 39, 80336 Munich, Germany (“kurzgesagt”) provides an EU Shop operated under https://shop-eu.kurzgesagt.org/. The terms “we”, “us” and “our” refer to kurzgesagt. Here, we provide you with our Terms of Use (“ToU”) and our Terms of Sale (“ToS”).

 

A. Terms of Use

1. Applicability

   These ToU apply, when you create an account and interact with reviews and comments in our EU shop. Our EU Shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.



2. Your customer account
   1. In our EU Shop you may buy products as a guest or after opening a customer account. With a customer account you do not need to enter your personal data every time you use our EU Shop, but you may log in to your customer account with your e-mail address and your password before or during the order process.
   2. You will not be obliged to buy any of the products offered by us only due to your registration.
   3. You can delete your customer account at any time.


3. Reviews and comments
   1. You may post reviews and comments (“content”) as long as the content is not obscene, abusive, threatening, defamatory, invasive of privacy, infringing intellectual property rights, constitute a communicative attack against children/adolescents, impair the personal integrity of children/adolescents, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters or any form of "spam" or is otherwise considered illegal under applicable law. You may not use a false e-mail address, impersonate any person or entity, or otherwise use misleading information.
   2. If you believe that a certain content violates these ToU or is illegal under applicable law, you may report it to our support email (support-eu@kurzgesagt.org). We review content proactively with moderators and reactively e.g. following a report by users or authorities through the support email. We may remove content or restrict access to your account, if we reasonably believe that it violates these ToU, is illegal under applicable law or causes harm to us, or our users or other third parties. In addition to considering the violation at hand when making such decisions, we also consider your historical use of kurzgesagt and whether you have repeatedly violated our ToU.
   3. Whenever we remove content or restrict the use of your account or decide to keep the content live despite your report, we will notify you and state the reasons for our decision.


4. Changes of our ToU

   We reserve the right to make changes to our ToU, especially to make reasonable technical adjustments to our services and to ensure the ongoing operability. If we make changes, we will inform you.



5. Applicable law and jurisdiction

   The law of the Federal Republic of Germany shall apply. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. The application of the United Nations Convention of Contracts for the International Sale of Goods (CISG) is expressly excluded.

B. Terms of Sale

1. Applicability

   These ToS apply when you purchase products from kurzgesagt in our EU Shop operated under https://shop-eu.kurzgesagt.org/. Seller and contractual partner for these purchases is kurzgesagt. Please read these ToS carefully before placing an order with kurzgesagt. By placing an order, you accept these ToS. We provide our EU Shop and all contractual information in English.



2. Conclusion of purchase contract and correction of input errors
   1. The presentation of the products in our EU Shop does not constitute a legally binding offer, but is an invitation to place orders.
   2. To place an order, start by placing the desired products in the shopping cart (“Add to cart”). Once you have placed products in the shopping cart, a click on the “Checkout” button will lead you to a page asking you to enter your personal data. By clicking the “Continue to shipping” button, you can choose the shipping and payment method. Alternatively, you can proceed with using express checkout methods. You can review your data, correct input errors (e.g. with respect to the payment method, data or quantity) prior to submitting the order.
   3. By clicking the „Pay now” button you submit a binding purchase offer for the selected products. After submitting the order, you will receive an order confirmation summarizing your order. By confirming the order, we do not accept your contract offer but inform you that we received your order. The purchase contract is concluded once we ship the ordered product to you and confirm this by sending you the shipping confirmation email. Until receipt of the shipping confirmation email you can always, regardless of your right to withdraw from the purchase contract, cancel your order.
   4. You will receive these ToS, including the information on the statutory right of withdrawal, together with the details of your order in the order confirmation email.
   5. All products will remain our property until full payment is received.


3. Electronic gift cards
   1. You can also purchase and redeem electronic gift cards (“Gift Cards”) in accordance with our Tos. This Gift Card is only valid and redeemable in our EU Shop.
   2. Gift Cards are issued to you via e-mail. From the time this e-mail arrived on your mail server, you cannot cancel your Gift card order. The right of withdrawal remains unaffected. You can access your Gift Card amount and the Gift Card code by clicking on the link in the e-mail. In order to redeem your Gift Card in the course of a purchase in our Shop, you must enter the electronic code at the end of the checkout process.
   3. The credit amount of a Gift Card is expressed in EUR and does not carry interest. If the Gift Card amount is not sufficient for your order, the balance may be settled through any other payment methods we offer. It is possible to redeem the Gift Card partially, any residual value is kept on your Gift Card.
   4. If you buy products by redeeming a Gift Card and this purchase is withdrawn or otherwise cancelled, any amount paid by using the Gift Card is transferred back onto your Gift Card amount. Cash redemption is not possible.
   5. Gift Cards may not be copied, edited, or manipulated. In case of any typos with the e-mail address of a Gift Card we do not assume any liability and cannot replace the voucher. The risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission of the Gift Card. The Gift Card is transferable.


4. Right of Withdrawal and Statutory Warranty Right
   1. As a consumer you have are entitled to the right to withdraw from the contract within 14 days in accordance with the provisions described in below.
   2. In accordance with the applicable statutory provisions, kurzgesagt is liable for defective products, i.e. customers in the EU can exercise their warranty rights 2 years after delivery of the products and can ask for repair or replacement in case the products are defective or otherwise defer from their description. Any claims due to defects maliciously concealed by us will expire after the statutory limitation period. In case the products cannot be repaired or replaced within a reasonable period of time, you can request a refund of the purchase price.
   3. In addition to your statutory rights, we offer a refund or replace products for up to 3 months after the delivery date. In order to qualify for a refund or replacement under our voluntary return policy, you need to return the product(s) clean, unwashed, and, where applicable, in its original packaging. Please note that in this case shipping fees are non-refundable.




INFORMATION ON THE RIGHT OF WITHDRAWAL


1. Right of withdrawal

   You have the right to withdraw from this contract within 14 days without giving any reason.

   The withdrawal period will expire after 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 goods.

   In the case of a contract relating to multiple goods ordered by you in one order and delivered separately the withdrawal period will begin on 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.

   To exercise the right of withdrawal, you must inform us [In a nutshell – kurzgesagt GmbH, Landwehrstraße 39 , 80336 Munich, Germany; e-mail: support-eu@kurzgesagt.org; +49 89 9545 730 20] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.

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



2. Effects of withdrawal

   If you withdraw from this contract, we will 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 earlier.

   You need to return the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired. In some cases, you do not have to return the goods. For more information, please contact our customer service. If you contact our customer service within your withdrawal period, the abovementioned deadline for returning the goods only begins from the time our customer service provides you with information about the obligation to return the goods.

   You will have to bear the direct costs 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, characteristic and functioning of the goods.



3. Additional instructions

   Please use the original packing material when returning the products if possible.

   Model withdrawal form according to Annex 1 B to Directive 2011/83/EU

   Note: Complete and return this form only if you wish to withdraw from the contract

   To: In a nutshell – kurzgesagt GmbH, Landwehrstraße 39, 80336 Munich, Germany;
   e-mail: support-eu@kurzgesagt.org
   I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*);

   • ordered on (*) received on (*):
   • name of consumer(s):
   • address of consumer(s):
   • signature of consumer(s):
   • (Note: only if this form is notified on paper);
   • date:

   (*) complete as appropriate

   
   


5. Payment terms

   All prices displayed in our EU Shop include the applicable VAT, but are net of shipping costs. The purchase price is due immediately after the contract is concluded with us. We offer several payment methods as described in our EU Shop.



6. Shipment of Products
   1. If no delivery time is specified in our EU shop, we deliver within 2-6 business days, if your location is inside the EU and within 8-10 business days, if your location is outside the EU. We are unable to ship partial orders. Any orders containing a pre-ordered item will not ship until the pre-ordered item is released.
   2. Additional shipping costs are displayed separately in the shopping chart.
   3. If the selected product is not available at the time of your order, we will inform you accordingly. If the product is permanently unavailable you will not receive a shipping confirmation email. In this case, no purchase contract is concluded and any payments will be transferred back to your account.
   4. When ordering products for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products.


7. Liability

   We are liable for any damages occurring based on intentional and gross negligent behavior. Further, we are liable for the negligent breach of those obligations that are essential for the performance of the purchase contract, and/or those obligations where a breach would jeopardize the achievement of the purpose of the contract and/or those obligations where you as a customer may regularly rely that we comply with them, whereby for the latter we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by any of our agents. Exclusions of liability do not apply in case of damage of life, body and health. Liability under product liability law remains unaffected.



8. Contact Information

   In a nutshell – kurzgesagt GmbH, Landwehrstraße 39, 80336 Munich, Germany

   E-mail: support-eu@kurzgesagt.org

   Phone number: +49 89 9545 730 20



9. Customer Service

   If you have any questions regarding your order or our products you can use the contact form or send an e-mail to support-eu@kurzgesagt.org.



10. Online and alternative dispute resolution
    1. The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.
    2. We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).


11. Applicable law and jurisdiction

    The law of the Federal Republic of Germany shall apply. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. The application of the United Nations Convention of Contracts for the International Sale of Goods (CISG) is expressly excluded.



12. Severability clause

    In case individual provisions of this contract are invalid, this shall not affect the validity of this contract as a whole.