Terms of Service

IMPORTANT LEGAL NOTICE
This page (together with our data protection guideline and our cookies guideline) regulates the conditions ("Website Terms") under which we, JS food and culture GmbH provide our services on this website ("www.kokioberlin.com") and on any other (“kokioberlin”) mobile application that enables you to access this website or our other services (collectively the “website”). Please read these website terms carefully, as the use of the website and the purchase of all products offered on this website are based on these website terms. Please realize that if you order products via this website (now or in the future), you are declaring your consent to the validity of the website Terms. We reserve the right, to change this website terms from time to time. All personal data made available to us via this website are subject to the provisions of our privacy policy and our cookies policy.

1. INTRODUCTION AND OUR ROLE
JS food and culture GmbH
Hagenauer Str. 9
10435 Berlin
Seat of the company: Berlin
Managing Director: Junga An / Soonyoung Choi
registered in the commercial register of the Amtsgericht Charlottenburg, under HRB 192912B
1.1. JS food and culture GmbH (Kokio Berlin) VAT number is DE318215887.
1.2. You are responsible for ensuring that you meet all requirements for access to our website. You are also responsible for ensuring that all persons who have access to our website via your Internet connection are aware of these website terms and that they adhere to them.

2. HOW TO PLACE AN ORDER AND HOW IT IS PROCESSED
2.1. As soon as you have selected your order from the menu, you will be given the opportunity to send your order and switch to the payment process by clicking on "edit" or "execute my order" or a comparable button. Please note that it is important that you check the information you enter beforehand and correct any errors before pressing this button. Once you have pressed the button, errors can no longer be corrected.
2.2. All orders must be paid for in full before being forwarded to JS food and culture GmbH (Kokio Berlin). Payment of the order is made by credit card as described on this website.
2.3. The prices correspond to those shown on this website. The prices include sales tax.
2.4. Please note that there are sometimes delays in processing payment orders and transfers; Occasionally, this means that the payment amount is only debited from your bank account or debited to your credit card up to 60 days after the order has been placed.
2.5. JS food and culture GmbH (Kokio Berlin) will start processing your order as soon as JS food and culture GmbH (Kokio Berlin) has received this order and a payment confirmation. We will email you a message that your order has been received and is now being processed.
2.6. If your payment is not authorized, you will be automatically redirected back to the previous page of the website and we are not obliged to process the order.
2.7. Please note that once you have submitted your order and your payment has been authorized, you will no longer be able to stop your order or request a refund for the amount paid.

3. LICENSE
3.1. You have permission to download and print parts of the website for your personal use on the basis of the following conditions:
3.1.1. Unless expressly stated otherwise, the copyrights and the other rights for the protection of intellectual property with regard to the content of this website and the materials reproduced there (in particular including the photographs and graphics reproduced there) lie with JS food and culture GmbH (Kokio Berlin) or the licensors of the JS food and culture GmbH (Kokio Berlin). These materials and content are protected by copyright and related treaties worldwide, and all rights are reserved. The content and materials protected by copyright and intellectual property rights may only be used in accordance with this Section 4.1.
3.1.2. It is forbidden to edit digital or printed paper copies of the materials made available on the homepage in any form and it is forbidden to reproduce images, photographs or any other graphics, videos or sound sequences in any other form than the overall context reproduced on the website use.
3.1.3. You must ensure that the position of JS food and culture GmbH (Kokio Berlin) as the author of the material reproduced on the website is constantly observed.
3.1.4. It is forbidden to use the material published on the website as well as the website itself for commercial purposes, or to pass them on to third parties for such purposes without first having received a corresponding license from JS food and culture GmbH (Kokio Berlin).
3.2. Subject to the provision in § 4.1, it is forbidden to reproduce the website in whole or in part or to store it on another website or on a private or public storage medium without the prior written consent of JS food and culture GmbH (Kokio Berlin).

4. ACCESS TO THE SERVICES
4.1. Although JS food and culture GmbH (Kokio Berlin) makes every effort to ensure that the website is available 24 hours a day, JS food and culture GmbH (Kokio Berlin) assumes no liability for the website being available continuously or for a certain period of time.
4.2. Access to this website can be temporarily blocked without prior notice.
4.3. Unfortunately, the transmission of information over the Internet is not a completely secure system. Although JS food and culture GmbH (Kokio Berlin) will endeavor to protect your information, JS food and culture GmbH (Kokio Berlin) cannot guarantee the security of the data transmitted via the website; Any transmission of data to JS food and culture GmbH (Kokio Berlin) is therefore at your own risk.

5. LIMITS OF RESPONSIBILITY OF JS FOOD AND CULTURE GMBH (KOKIO BERLIN) GMBH
5.1. JS food and culture GmbH (Kokio Berlin) will endeavor to correctly display the information posted on the website. However, JS food and culture GmbH (Kokio Berlin) can only accept responsibility for information that is incorrectly processed intentionally or through gross negligence. JS food and culture GmbH (Kokio Berlin) reserves the right to unilaterally change the content of the website as well as the services and prices offered there without prior notice. Changes to the website become binding for both parties when they are available. In particular, the prices currently stated on the website when the order is placed are binding.
5.2. JS food and culture GmbH (Kokio Berlin) grants access to the website and the services offered on it only with the proviso that the limitation of liability according to paragraph 8 below is accepted.
5.3. You are responsible for the security of the password you have chosen for registration on this website. Unless JS food and culture GmbH (Kokio Berlin) publishes your password to third parties through gross negligence, JS food and culture GmbH (Kokio Berlin) accepts no liability for transactions carried out using the password and your account.

6. TERMINATION
6.1. JS food and culture GmbH (Kokio Berlin) can limit or exclude your right to access the website and to use the services offered there without your prior notification if JS food and culture GmbH (Kokio Berlin) can be shown to believe that you have violated an essential provision of this website terms.
6.2 In the event of termination or temporary suspension of access to the JS food and culture GmbH (Kokio Berlin) website, you are obliged to destroy downloaded or printed reproductions of the website at your own expense.

7. LIABILITY
7.1. The liability of JS food and culture GmbH (Kokio Berlin) for itself, its organs, vicarious agents and vicarious agents towards users of the website and third parties for the services and / or materials offered on it and the information provided there is limited to an amount of € 100.00 per individual case . Liability for indirect damage, consequential damage, loss of reputation and loss of data is excluded, as is liability for damage resulting from the fact that access to the JS food and culture GmbH (Kokio Berlin) website is excluded or hindered.
7.2. The above limitations of liability, standardized in Section 8.1, do not apply in the event of willful or grossly negligent damage caused by JS food and culture GmbH (Kokio Berlin) and in any case of culpable injury to the body and health of a user or third party.
7.3. Damage to the software or hardware used by the user due to the establishment of a connection to the JS food and culture GmbH (Kokio Berlin) website will not be reimbursed.
7.4. Damage caused by delay will not be reimbursed, unless the user had previously announced the risk of realizing a not inconsiderable damage in writing.

8. LEGAL BASIS
The regulations of this website as well as the provision of the services offered on the website of JS food and culture GmbH (Kokio Berlin) are subject to German law. Legal disputes are to be brought before the state courts in Berlin.

9. ADDITIONAL REGULATIONS
9.1. We know our obligation to protect your data. All personal data that we collect on our websites are processed and stored in accordance with our privacy policy.
9.2. If any provision or part of a provision of this website Terms is declared invalid or unenforceable by a court, this does not affect the effectiveness and enforceability of the remaining provisions of this website Terms. These apply without restriction.
9.3. The delayed or failure to enforce individual legal positions resulting from the provisions of this website Terms does not result in the loss or restriction of the rights laid down on this website.
9.4. The rights granted to you on this website cannot be transferred to third parties without the written consent of JS food and culture GmbH (Kokio Berlin). JS food and culture GmbH (Kokio Berlin) can transfer the rights to which it is entitled under these website terms without prior consent to companies with which it has entered into a joint venture, from which it has been bought or which it has bought.
9.5. The headings in this website Terms are for the sake of clarity and should not be used to interpret the individual regulations.

10. STATUS
By means of the declaration by which you place an order on one of the JS food and culture GmbH (Kokio Berlin) websites, you also declare that you are legally competent and at least 18 years old.

11. COMMUNICATION
By using our website or ordering services on our website, you accept that communication with us will essentially take place electronically. We will maintain contact with you mainly by sending e-mails or by posting information on our website. As long as there are no mandatory legal, stricter formal requirements, you agree that any formal requirements will be met by using e-mails or posting messages on the website.

12. FORCE MAJEURE
12.1. We are not responsible for a delay in the provision of our services or a poor performance in cases in which this is due to an event beyond our reasonable control ("force majeure").
12.2. Force majeure events include actions, omissions or toleration outside our sphere of influence and in particular include (without being limited to) the following events:
a) Strikes or exclusions;
b) civil commotion, riots, invasions, terrorist attacks or the threat of terrorist attacks, wars or the threat of wars or preparations for wars or acts of war;
c) Fire, explosions, storms, floods, earthquakes, epidemics, landslides or other natural disasters;
d) The impossibility of using trains, ships, planes, motor vehicles or any other means of public or private transport;
e) The impossibility of using common telecommunications networks (private or public), acts, edicts, laws, restrictions or blockades by government agencies or governments.
12.3. Our obligation to perform under any contract is deemed to be suspended for the duration of the force majeure event. We are entitled to an extension of the delivery obligations for the duration of the force majeure event. Nevertheless, we will make efforts to find a solution despite the existing force majeure event, so that we can still fulfill our contractual obligations or end the force majeure event. Changes must be made in writing.

13. ENTIRE AGREEMENT
These website terms including the data protection guideline represent the entire contractual agreements between JS food and culture GmbH (Kokio Berlin) and the respective user and replace all previously made discussions, correspondence, negotiations and agreements.