Terms of service
TERMS OF SERVICE
Last updated: 17 September 2026
These Terms of Service govern purchases of products from København Kombucha ApS (“København Kombucha”, “we”, “our” or “us”).
Company Information
København Kombucha ApS
Slagtehusgade 11
DK-1715 Copenhagen
Denmark
CVR: 40687564
VAT No.: DK40687564
Email: info@kobenhavnkombucha.com
The terms applicable to your purchase depend on whether you are purchasing as a consumer or in the course of business.
PART A – CONSUMER SALES
These Consumer Terms apply when you purchase mainly for purposes outside your trade, business or profession.
Nothing in these Terms limits any mandatory rights you have under applicable consumer-protection law.
1. Orders and Contract Formation
The presentation of products on our website is an invitation to place an order.
By placing an order, you offer to purchase the selected products. A binding sales agreement is formed when København Kombucha accepts your order by sending an order confirmation.
We may refuse an order before acceptance, including in cases of product unavailability, suspected fraud, obvious pricing or technical errors, or where we are unable to deliver to the requested destination.
If we are unable to fulfil an accepted order, we will inform you and refund any amount due without undue delay. This does not affect your statutory rights.
2. Products and Product Information
We make reasonable efforts to ensure that product descriptions, photographs, ingredient information, pack sizes, prices and other product information are accurate and up to date.
København Kombucha is a naturally fermented product made from agricultural ingredients. Natural variations may therefore occur between batches, including differences in colour, clarity, transparency and general appearance. Natural sediment or suspended particles may also occur.
These reasonable variations are inherent characteristics of a naturally fermented product and do not, in themselves, constitute a product defect, provided that the product otherwise complies with applicable food-safety and labelling requirements and the product information provided at the time of purchase.
Colours displayed on a screen may also differ slightly from the physical product.
We may update packaging, labels, product presentation or product specifications from time to time. Such changes will not affect an already accepted order in a way that materially changes the product purchased.
3. Prices and Payment
Prices displayed to consumers include applicable VAT unless clearly stated otherwise.
Prices may be displayed in different currencies depending on the market selected on our website.
Any delivery charges or other additional costs will be displayed before you complete your purchase.
Available payment methods are shown during checkout.
You must be authorised to use the payment method selected for the order.
4. Delivery
Orders are dispatched from our warehouse in Germany unless otherwise stated.
Available destinations, shipping costs and estimated delivery times are displayed on our website or during checkout.
Unless another delivery period has been agreed, goods will be delivered without undue delay and within the period required by applicable consumer law.
Delivery times communicated by us are estimates unless a particular delivery date has expressly been agreed.
The risk of loss of or damage to the goods remains with København Kombucha until you, or a third party designated by you other than the carrier, take physical possession of the goods.
Events outside our reasonable control may result in delays. This does not limit any mandatory rights you may have in the event of delayed or failed delivery.
Further information is available in our Shipping Policy.
5. Right of Withdrawal and Returns
Applicable statutory withdrawal rights and our additional return conditions are described in our Refund Policy.
Where you have a statutory right of withdrawal, nothing in these Terms or our Refund Policy limits that right.
Our Refund Policy may also provide return rights that go beyond the statutory minimum.
6. Defective, Damaged or Incorrect Products
Please contact us as soon as reasonably possible if a product arrives damaged, incorrect or appears to be defective.
Consumer purchases are covered by the statutory conformity and complaint rights applicable to the purchase.
Under Danish consumer law, consumers generally have a two-year period in which to complain about defects, although whether a product is defective depends, among other things, on the nature of the product, its expected durability and its stated shelf life.
Normal natural variations described in Section 2 do not, by themselves, constitute defects.
This does not exclude a claim where a product is unsafe, spoiled, incorrectly labelled, damaged or otherwise fails to comply with the applicable statutory requirements or the characteristics that the consumer was entitled to expect.
Nothing in these Terms restricts statutory remedies available to consumers.
7. Complaints
If you have a complaint, please contact us first at:
We will seek to resolve the matter directly with you.
Where applicable, consumers in Denmark may subsequently be able to submit eligible disputes to Mæglingsteamet for Forbrugerklager / Forbrugerklagenævnet at Nævnenes Hus, subject to the applicable requirements and thresholds.
Consumers residing in another EU country may also seek assistance through the European Consumer Centres Network.
8. Data Protection and AI-Assisted Tools
We process personal information in accordance with our Privacy Policy and applicable data-protection legislation.
As part of our business operations, we may use cloud-based and AI-assisted services, which may include services provided by Google, OpenAI and Anthropic. These tools may support activities such as administration, document management, analysis, drafting, translation, marketing and customer-service support.
Where personal information is processed using such services, that processing remains subject to our Privacy Policy and applicable data-protection requirements.
We do not use AI systems to make solely automated decisions about consumers that produce legal or similarly significant effects.
9. Changes to These Terms
We may update these Terms from time to time.
Any changes apply prospectively. The terms applicable to a purchase are the terms in force when the relevant order is placed, unless a change is required by law.
10. Governing Law and Consumer Rights
These Terms are governed by Danish law.
If you are a consumer residing in another EU Member State, this choice of law does not deprive you of mandatory consumer protections that apply to you under the law of your country of habitual residence.
Nothing in these Terms limits your right to bring a claim before a court that has jurisdiction under applicable consumer-law rules.
PART B – TERMS OF SALE – B2B
These B2B Terms apply to purchases made by businesses, professional customers, distributors, retailers, restaurants, wholesalers and other persons acting in the course of their trade or business (“Customer”).
By placing a B2B order, the Customer confirms that it is acting for business purposes and not as a consumer.
Where København Kombucha and the Customer have entered into a separate written distribution agreement, supply agreement or other individually negotiated agreement, that agreement prevails over these B2B Terms to the extent of any conflict.
A specific quotation or order confirmation prevails over these B2B Terms with respect to the particular matters expressly stated in that quotation or order confirmation.
1. Orders and Contract Formation
All orders are subject to acceptance by København Kombucha.
A binding agreement is formed when København Kombucha confirms the order in writing, issues an order confirmation or otherwise expressly accepts the order.
We may refuse an order before acceptance, including due to product availability, credit concerns, regulatory restrictions, pricing or administrative errors, or other reasonable commercial grounds.
Prices, product availability and other commercial terms may be changed for future orders without prior notice. Changes do not apply retrospectively to an already accepted order unless agreed between the parties.
2. Products and Product Information
We make reasonable efforts to ensure that product descriptions, specifications, ingredient information, pack sizes, photographs and other product information are accurate and up to date.
København Kombucha products are naturally fermented and made from agricultural ingredients. Natural variations may therefore occur between batches, including differences in colour, clarity, transparency and general appearance. Natural sediment or suspended particles may also occur.
Such reasonable variations are inherent characteristics of a naturally fermented product and do not, in themselves, constitute a defect or non-conformity, provided that the product otherwise complies with applicable food-safety requirements, applicable labelling requirements and any expressly agreed product specification.
Samples, photographs and other product presentations are indicative of the general character of the product. Reasonable differences resulting from natural batch variation do not, in themselves, constitute non-conformity.
Packaging, labels and product presentation may be updated for regulatory, quality, production or supply-chain reasons. Material changes affecting an accepted order will be communicated where reasonably practicable.
3. Prices, VAT and Taxes
Unless otherwise stated in writing, all B2B prices are exclusive of VAT, transport charges, customs duties and other applicable taxes or charges.
Our products are normally dispatched from our warehouse in Germany.
Where goods are supplied and remain within Germany, German VAT will be charged at the applicable rate.
Where goods are dispatched or transported from Germany to a VAT-registered business Customer in another EU Member State, the supply may be invoiced without German VAT as an exempt intra-Community supply where all applicable legal requirements are satisfied.
This includes, in particular, that:
- the goods are transported from Germany to another EU Member State;
- the Customer acts as a business for VAT purposes;
- the Customer provides a valid VAT identification number issued by another EU Member State; and
- the required evidence of the cross-border movement of the goods is available.
In such cases, the Customer is responsible for accounting for the corresponding intra-Community acquisition VAT in the relevant Member State under the applicable acquisition/reverse-charge rules.
If these conditions are not fulfilled, VAT will be charged in accordance with the VAT rules applicable to the particular transaction.
For exports to destinations outside the European Union, the supply may be invoiced without German VAT where the legal requirements for an exempt export are fulfilled. Unless otherwise agreed, the Customer is responsible for customs clearance, import duties, import VAT and other taxes or charges in the destination country.
The Customer is responsible for providing accurate VAT and business-registration information and must inform København Kombucha promptly of any change.
4. Payment
Unless otherwise agreed in writing, invoices are payable within 15 days from the invoice date.
If an invoice is not paid when due, København Kombucha may charge interest and applicable recovery costs in accordance with the Danish Interest Act (Renteloven) or other applicable mandatory legislation.
In the event of overdue payment, material breach or reasonable credit concerns, København Kombucha may:
- suspend outstanding deliveries;
- require prepayment for future orders;
- withdraw or reduce previously granted credit terms; or
- suspend access to a B2B account.
The Customer may not withhold undisputed amounts because of a separate disputed claim.
5. Delivery and Risk
Delivery dates and lead times are estimates unless expressly agreed as binding in writing.
Where a delivery is subject to an agreed Incoterms® 2020 rule, delivery, costs and transfer of risk are determined by that Incoterm.
If no Incoterm or other delivery term has been agreed and the goods are shipped to the Customer, delivery takes place and risk passes when the goods are handed over to the first independent carrier for transportation to the Customer.
For collection orders, risk passes when the goods are made available to the Customer for collection at the agreed location and time.
The Customer is responsible for providing complete and accurate delivery instructions.
Additional costs caused by incorrect information, unsuccessful delivery caused by the Customer, failure to collect the goods or other circumstances attributable to the Customer may be charged to the Customer.
6. Inspection, Transport Damage and Claims
The Customer must inspect the goods promptly following delivery.
Visible transport damage, shortages, incorrect products and other apparent defects must be reported to København Kombucha in writing within 5 business days after receipt.
Where reasonably possible, visible transport damage should also be recorded on the carrier's delivery documentation when the shipment is received.
Hidden defects must be reported in writing without undue delay after they are discovered or reasonably should have been discovered.
A claim should include sufficient information to identify the relevant shipment and issue, including where available:
- invoice or order number;
- product and quantity affected;
- batch or lot information; and
- photographs or other reasonable supporting documentation.
The natural product variations described in Section 2 do not, in themselves, constitute defects or grounds for a claim.
Where a valid claim is established, København Kombucha may, subject to applicable law and any individually agreed terms, remedy the matter by replacing the affected goods, issuing a credit note, refunding the affected portion of the order or agreeing another appropriate solution with the Customer.
7. Storage, Handling and Resale
The Customer is responsible for the proper storage, handling, transport and resale of the products after risk has transferred.
The Customer must comply with:
- storage and handling instructions appearing on the product or packaging;
- stated best-before or shelf-life information;
- any additional written product guidance provided by København Kombucha; and
- applicable food-safety requirements.
København Kombucha is not responsible for deterioration or damage caused after transfer of risk by improper storage, handling, transport or failure to follow communicated instructions.
The Customer must not alter mandatory product information or labelling in a manner contrary to applicable law.
The Customer must not make health, nutritional, environmental, product-performance or other claims concerning the products unless such claims are lawful and appropriately supported.
8. Regulatory, Import and Market Requirements
Each party remains responsible for the regulatory obligations that applicable law places directly upon it.
The Customer is responsible for requirements arising specifically from its import, distribution, warehousing, marketing and resale activities in the territories in which it operates.
Depending on the relevant market, these requirements may include customs formalities, local registrations, packaging and recycling obligations, deposit systems, language requirements and local rules concerning marketing and resale.
København Kombucha will, where reasonably available and appropriate, provide product documentation required for legitimate regulatory purposes.
Nothing in this section transfers to the Customer obligations that applicable food or product law places directly upon København Kombucha as producer, supplier or responsible food business operator.
9. Limitation of Liability
To the maximum extent permitted by applicable law, København Kombucha's aggregate contractual liability arising from a particular order is limited to the net invoice value of the goods affected by the event giving rise to the claim.
København Kombucha is not liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of business, loss of goodwill or business interruption.
These limitations do not apply where liability cannot lawfully be excluded or limited, including where applicable in cases of wilful misconduct, gross negligence, death or personal injury, or mandatory product liability.
10. Force Majeure
Neither party is liable for failure or delay in performing its obligations to the extent caused by circumstances beyond that party's reasonable control.
Such circumstances may include natural disasters, fire, epidemic restrictions, war, civil disturbance, government measures, labour disputes, energy shortages, material or packaging shortages, production interruptions, carrier disruption and significant supply-chain disruption, provided that the affected circumstances are beyond the reasonable control of the party invoking this section.
The affected party must use reasonable efforts to mitigate the effects of the event.
If such circumstances prevent performance for an extended period, either party may cancel the unfulfilled affected portion of the order by written notice, without liability for the cancellation itself.
Amounts already due for goods delivered remain payable.
11. Data Protection and AI-Assisted Tools
Personal information relating to the Customer and its employees or representatives is processed in accordance with our Privacy Policy and applicable data-protection legislation.
As part of our business operations, København Kombucha may use cloud-based and AI-assisted services, which may include services provided by Google, OpenAI and Anthropic, for activities such as administration, document management, analysis, drafting, translation, marketing and customer-service support.
Where personal information is processed using such services, that processing remains subject to our Privacy Policy and applicable data-protection requirements.
We do not use AI systems to make solely automated decisions concerning Customers that produce legal or similarly significant effects.
12. Changes to These B2B Terms
We may amend these B2B Terms for future transactions.
Unless otherwise agreed, amendments do not alter orders that have already been accepted.
For ongoing supply or distribution relationships governed by a separate agreement, amendments are subject to the terms of that agreement.
13. Governing Law and Jurisdiction
These B2B Terms and all sales between København Kombucha and the Customer are governed by Danish law unless otherwise expressly agreed in writing.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Any dispute arising out of or in connection with a B2B transaction is subject to the exclusive jurisdiction of the Danish courts, unless the parties have expressly agreed otherwise in writing.