General Terms and Conditions

Agentur kama.
Valid as of August 1, 2025

Provider:

Agentur kama.
Address: Schönberg 65, 8411 Hengsberg, Austria
Phone: +43 664 4708987
Email: hello@buyganic.com

Competent supervisory authority: Bezirkshauptmannschaft Leibnitz
Chamber of commerce: Wirtschaftskammer Graz

1. Scope of Application

1. These General Terms and Conditions (GTC) apply to all business relationships between Agentur kama. and the customer for transactions made via the webshop, unless explicitly modified or excluded in individual cases. All previous terms and conditions are hereby void. By placing an order, the customer acknowledges the GTC of Agentur kama. as legally binding. The webshop is designed for use in Austria. The version of the GTC in effect at the time of contract conclusion shall apply.

These GTC apply exclusively. By placing an order, the customer agrees to these terms and is bound by them. The GTC also apply to future orders, even if not explicitly agreed upon again.

2. Customers within the meaning of these GTC are consumers. A consumer is defined as a natural or legal person for whom the transaction is not part of commercial, self-employed, or pre-professional activities. The distinction between consumer and business is made according to the Austrian Consumer Protection Act (KSchG).

2. Contract Formation

1. All offers from Agentur kama. are non-binding. In particular, the presentation of goods in the webshop does not constitute a binding offer, but merely an invitation to submit an offer. Images and drawings serve only as approximations unless otherwise specified as binding. Minor and objectively justified deviations are accepted by the customer.

2. The ordering process consists of the following steps:

   • Selection of the desired product(s)

   • Entry of personal data (company name, first name, last name, street, house number, ZIP code, city, country, email, VAT ID)

   • Display of pre-contractual information for consumers (§ 8 para. 1 and 2 KSchG), unless already visible on the product page

   • Selection of shipping method and payment method

   • Review of the shopping cart

   • Confirmation by clicking the button “Place order with obligation to pay”

   • Final review and possible correction of entered data

   • Acceptance of the GTC

   • Binding submission of the order

   • For credit card payment, redirection to INGENICO for card entry

   • After confirmation, the card will be charged and the user is redirected back to the webshop

3. By placing the order in the webshop, the customer submits a binding offer to conclude a purchase contract for the items in the cart. The customer acknowledges the pre-contractual information and these GTC as the sole basis for the legal relationship with Agentur kama.

4. Agentur kama. will confirm receipt of the order without delay. This confirmation only serves as proof that the order was received successfully and does not yet constitute acceptance. Acceptance only occurs if explicitly stated in writing by Agentur kama.

5. Agentur kama. is entitled to accept the offer within five working days after receipt. Acceptance is provided by written order confirmation. If no confirmation is sent within this period, the offer is considered declined and no contract is formed. Agentur kama. reserves the right to reject the order, e.g., after a credit check.

6. The contract text is stored by Agentur kama. and will be sent to the customer along with the GTC by email after contract conclusion.

3. Right of Withdrawal for Consumers (FAGG)

1. As a consumer, you have the right to withdraw from this contract within fourteen (14) days without giving any reason.

2. The withdrawal period is fourteen days from the day on which you or a third party designated by you (who is not the carrier) takes possession of the goods. In the case of multiple goods ordered in a single order but delivered separately, the withdrawal period begins on the day the last item is received.

3. To exercise your right of withdrawal, you must notify Agentur kama., Schönberg 65, 8411 Hengsberg, Austria, by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw. You may use the attached sample withdrawal form, but this is not required.

4. To meet the withdrawal deadline, it is sufficient that you send your notice before the 14-day period expires.

5. Consequences of withdrawal

   If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding additional costs if you chose a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day we received your withdrawal notice.

   We will use the same payment method you used for the original transaction unless otherwise agreed; you will not incur any fees for the refund.

We may withhold reimbursement until we have received the returned goods or until you have provided proof that you have returned them – whichever is earlier.

You must return or hand over the goods to us no later than 14 days from the day you informed us of your withdrawal. You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods if this results from handling beyond what is necessary to establish their nature, characteristics, and functioning.

6. No right of withdrawal applies for businesses and for delivery of:

   • goods made to customer specifications or clearly personalized

   • goods that can spoil quickly or expire soon

   • sealed goods not suitable for return for health/hygiene reasons once unsealed

   • goods inseparably mixed with other items after delivery

   • food, beverages or daily-use household goods delivered regularly to your home or workplace by the supplier

7. Sample withdrawal form

   (Complete and return this form only if you wish to withdraw from the contract.)

To:

[Name]

[Street and house number]

[Postal code, city]

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/provision of the following service ()

Ordered on () / received on ()

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if sent on paper):

Date:

(*) Delete as appropriate

4. Other Contract Terminations

Right of termination by Agentur kama. (Consumers)

Agentur kama. reserves the right to withdraw from the contract in the event of a breach of contract by the customer, especially in case of payment default. Agentur kama. may also withdraw from the contract if further compliance is unreasonable due to a breach of duties.

Such withdrawal does not affect the right to claim damages. The customer owes Agentur kama. appropriate compensation for use of goods.

In the event of withdrawal under this section, Agentur kama. may either claim liquidated damages of 15% of the invoice amount or actual damages incurred.

Premature Termination with Business Customers

Agentur kama. may terminate purchase or supply contracts without notice for good cause, particularly if the customer:

• violates these terms,

• delays payment,

• fails to provide agreed security,

• becomes subject to failed enforcement proceedings,

• has insolvency proceedings rejected due to lack of funds.

In case of ongoing business after insolvency, Agentur kama. may require advance payment or cash-on-delivery. Without prior notice, Agentur kama. may:

• realize securities,

• assign claims to third parties,

• enforce third-party liabilities.

In case of early termination, any granted discounts or bonuses may be forfeited.

Unauthorized Customer Withdrawal

If the customer withdraws from the contract without legal grounds, Agentur kama. may choose to insist on contract fulfillment or accept the withdrawal. In the latter case, the customer must compensate either 15% of the invoice amount or actual damages.

5. Returns

If the contract is rightfully terminated under Section 4, the customer must return all received goods within 7 days at their own expense and risk to:

Agentur kama.
Schönberg 65
8411 Hengsberg
Austria

6. Prices & Payment Terms

Prices shown are daily prices and include Austrian VAT (for B2C customers). Registered retailers are shown net prices. Pricing errors may occur; confirmed prices will be communicated before the order is finalized.

Shipping and packaging fees are shown separately in the order and are deemed accepted upon order placement.

Payment methods:

Prepayment, bank transfer, credit card, or other offered online methods. Agentur kama. reserves the right to exclude certain methods after credit checks.

Customers must pay within 30 days of receiving goods/services. After this, they are in default and subject to 5% annual interest, or the legal default interest, whichever is higher.

Further costs for debt collection, legal steps, and damages will be charged. Incoming payments are first used to settle collection costs, then interest, then the principal amount. If multiple obligations exist, payments are applied to the oldest debt first.

7. Payment Providers

1. Stripe (Credit Card or Instant Transfer)

We use Stripe (510 Townsend St., San Francisco, CA 94103) to process payments.

Data passed to Stripe may include:

• Cardholder name, email, customer/order number, bank/card details, CVC, transaction time and amount, etc.

Without this data, payment via Stripe is not possible. Alternative payment methods are available.

2. PayPal

PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

When choosing PayPal, payment data is transferred accordingly.

Legal basis:

• Art. 6(1)(a) GDPR – Consent

• Art. 6(1)(b) GDPR – Contract fulfillment

  Consent can be revoked at any time; past processing remains lawful.

8. Delivery

Delivery is only possible within Austria unless otherwise agreed.

Delays due to force majeure or supplier issues extend the delivery period. If delays exceed 6 weeks, the customer may withdraw. Claims for compensation are excluded, unless due to gross negligence or intent.

Risk Transfer

• Consumers: Risk passes upon delivery to the customer or their named third party. If acceptance is delayed, risk transfers regardless.

• Businesses: Risk passes upon delivery to the buyer or appointed recipient, including unattended delivery at a specified location.

9. Retention of Title

Consumers

Goods remain property of Agentur kama. until full payment is received.

The customer must not resell, pledge, or process the goods during this time.

The customer is obliged to handle the goods with care and notify Agentur kama. of third-party claims, relocations, or damage.

Businesses

Retention of title applies until all outstanding payments are made.

Resale or processing is allowed only in regular business unless payment is overdue.

Goods may be reclaimed at buyer’s expense if overdue. Pledging without permission is prohibited.

10. Warranty

Agentur kama. provides warranty according to legal provisions.

No additional guarantees are offered. Manufacturer warranties remain unaffected.

Notification of Defects (B2B)

Defects must be reported within 24 hours of delivery.

Agentur kama. may choose to repair, replace, reduce price, or rescind contract. Claims beyond this, especially for damages, are excluded unless due to intent. Burden of proof lies with the buyer.

11. Legal Succession

All rights and obligations from this contract pass to successors as per § 38 (1) UGB without further notice. The customer waives the right to object per § 38 (2) UGB.

12. Limitation of Liability

Agentur kama. is liable only for damages caused intentionally or by gross negligence.

Liability for minor negligence is excluded.

This does not affect claims under the Product Liability Act or damages for death, bodily injury, or harm to health.

Agentur kama. is not liable for third-party content on linked websites and will block access if unlawful content becomes known.

13. Copyright & Address Changes

All technical documents, images, catalogs, etc. remain the intellectual property of Agentur kama. No rights of use are granted.

The customer must inform Agentur kama. of address changes while the contract is still active. Notices sent to the last known address are deemed delivered.

14. Miscellaneous

• Subject to change and errors.

• Relevant business data is stored electronically.

• Customers agree to receive marketing emails from Agentur kama. with the option to unsubscribe at any time.

• Conflicting terms from customers will not be accepted.

• Amendments require written form.

• Insurance is provided only upon request and at the customer’s expense.

• Packaging must be disposed of through local waste facilities or collection centers.

• The current order forms and pricing apply in addition to these GTC.

15. Applicable Law

Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only if it does not deprive them of mandatory protections of their home country.

16. Final Provisions

The contract language is German.

Failure by Agentur kama. to enforce any part of these GTC does not constitute a waiver of its rights.

If any provision is or becomes invalid, the remaining terms remain in effect.