General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with mimi ferments.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods / workshops contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

When the contract with us is concluded depends on the payment method you choose:

Prepayment by bank transfer

When you place your order, you will receive an email with our bank details. Please then transfer the amount due to our account.

Credit card

When you place your order in the checkout area, you provide your credit card details. Once you have been verified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.

Amazon Pay

During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. There you can select the delivery address and payment method stored with Amazon and confirm the payment instruction to Amazon. You will then be redirected back to our online shop where you can complete the ordering process. After placing the order, we ask Amazon to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language available for concluding the contract is German.

We save the contract text and send you the order data and our terms and conditions link. You can view the contract text in our customer login.

4. Delivery conditions

In addition to the stated product prices, we also charge shipping costs. You can find out more about the shipping costs here.

You generally have the option of picking up your order from mimi ferments, Oudenarder Str. 16, 13347 Berlin, Germany during the following business hours: Monday to Friday from 10 a.m. to 6 p.m.

Delivery to DHL Packstations or PO boxes is generally possible within Germany.

Please note that non-acceptance of a shipment does not constitute a cancellation. This must be done separately, as described in our cancellation policy.

Customers are responsible for receiving the products. Some of the food is perishable and if the package is received late, we accept no liability for the products still being edible.

The products should be unpacked and stored immediately after delivery, otherwise there is a risk that individual products will build up pressure in the container at room temperature and leak. The fresh Koji rice can be spoiled after a few days without refrigeration, so the buyers themselves are responsible for accepting the package directly. If the products are spoiled after collection from a parcel shop, we cannot accept any liability.

Cooling during shipping almost stops the fermentation process. This is particularly the case with younger ferments such as Shio Koji, Sangohachi, Soba Shio Koji, Soba Shiro Tamari, Shiro Miso and beetroot Miso, which ferment more quickly. Full, tightly sealed, younger ferments tend to build up pressure in the jar when stored or transported for a long time at warm temperatures. In extreme cases, liquid will escape for this reason, even from tightly sealed jars. To avoid pressure building up in the jar, we recommend unpacking the products immediately and storing them in a cool place. There is no basis for liability for minor leaks through the closed lid.

Here are several cases that determine who is liable or has to pay the postage in certain situations:

Case 1: Customer is not at home, the package is delivered to a parcel shop but is not picked up by the customer and is therefore sent back to us. In this case, the customer must pay the shipping costs. We will not replace spoiled products.

Case 2: The customer is at home, but the courier claims that the recipient is not at home. The package is delivered to the parcel shop for collection. The customer does not collect the package and the package is sent back to us. In this case, the customer must pay the shipping costs.

Case 3: The customer is not at home and the second delivery attempt was also unsuccessful and the package is delivered to the parcel shop for collection. The customer collects the package, but the products have since spoiled. In this case, the customer is liable and has no right to a replacement.

Case 4: The package cannot be delivered due to incorrect address
a) If the customer actually provided an incorrect address when ordering and the delivery service was therefore unable to deliver the package and the package was returned to us, the customer will bear all costs incurred. If the goods are perishable, we cannot replace them.
b) If the customer has provided the correct address and this was also clearly visible to the deliverer, please send us an email immediately to mimi@mimiferments.com and we will clarify the matter with the deliverer and give you feedback as soon as possible.

5. pay

In our shop you can generally use the following payment methods:

Bank transfer

When you place your order, you will receive an invoice with our bank details. Please then transfer the amount due to our account.

Credit card

When you place your order in the checkout area, you provide your credit card details. Once you have been verified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Amazon Pay

During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. In order to complete the order process via Amazon and pay the invoice amount, you must be registered there or register first and authenticate yourself with your access data. There you can select the delivery address and payment method stored by Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online shop where you can complete the order process. Immediately after the order, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the order process.

6. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.

7. Retention of title

The goods remain our property until full payment has been made.

The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale in the amount of the invoice amount - regardless of whether the reserved goods are combined or mixed with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please take pictures and complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or transport insurance.

For obvious transport damages with a goods value below €20.00, no reshipment will be made, but a refund.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here [ https://ec.europa.eu/consumers/odr/ ]. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Child protection

If the order includes goods whose sale is subject to age restrictions, we use a reliable procedure that includes a personal identity and age check to ensure that the purchaser has reached the required minimum age. The deliverer will only hand over the goods after the age check has been carried out and only to the purchaser personally.

 

B. Special provisions for participation in face-to-face workshops

1. Subject matter of the contract
   

1.1. With the conclusion of the contract (see General Terms and Conditions Section A.2), the persons named in the booking acquire the respective right to personally participate in the workshop booked for the respective date.

1.2. The content of the workshop results from the service description in the online shop, the contractual declarations of the customer and mimi ferments including these terms and conditions.

2. Change of participant
   

mimi ferments grants the customer the right to exchange the participants named in their booking for other people by declaring this to mimi ferments up until the start of the workshop, provided that these other people are not already booked for this course or the exchange is unreasonable for mimi ferments due to circumstances relating to the other person.

3. Withdrawal from participation, withdrawal compensation
   

3.1 mimi grants the customer the right to withdraw from his/her participation in the workshop by declaring it to mimi ferment up until the start of the workshop. In the case of booking the participation of several people, he/she can limit the withdrawal to individual people.

3.2. In the event of exercising the right of withdrawal granted in accordance with section B.3.1, the customer will be reimbursed the following amount:

- Cancellation up to and including 14 days before the day on which the workshop takes place: full refund

- Cancellation from the 14th day before the day on which the workshop takes place: no refund (provided that no one from the waiting list can take your place).

3.3. Customers can try to give their place to someone else or we can try to find someone on the waiting list (if there is one). If this is possible, the amount can be refunded minus the non-refundable portion of €10.00 (see point B.3.4.).

3.4. The amount remaining after deduction of the cancellation fee in accordance with section B.3.2 will be refunded by reversing non-cash payments. mimi ferments charges a processing fee of EUR 10.00, whereby the customer is permitted to provide evidence that in the specific case no damage/expenses were incurred or that these were significantly lower than the flat-rate processing fee.

4. Withdrawal by mimi ferments if the number of participants is not reached
   

4.1 mimi ferments may specify a minimum number of participants for its workshops.

4.2. If the minimum number of participants is not reached, the provider can withdraw from the contract by notifying the customer no later than seven days before the start of the course. If the contract covers several services, in the aforementioned cases the provider's withdrawal is limited to the service affected by the failure to reach the minimum number of participants ("partial withdrawal"). The partial withdrawal has no effect on the other agreed services. The provider will send the customer its declaration of withdrawal immediately after becoming aware that the number of participants has not been reached, but no later than seven days before the start of the course.

4.3. If the provider exercises its right of withdrawal in accordance with the above paragraph, the customer can request to participate in another workshop of at least the same value if the provider is able to offer such a workshop from its range at no extra cost to the customer. The customer must make his request to the provider immediately after receiving the provider's declaration.

4.4. If the customer does not exercise his right in accordance with the above paragraph, the provider will immediately refund the customer any fee already paid for participation in the workshop in question. The provider will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed.

5. Services of the provider
   

5.1. The provider conducts workshops on the one hand and provides content on the other. The content of the workshops and the subject matter of the content are set out in the respective service description on the provider's website.

5.2. The content of the workshop is described in the offer on the website. The provider reserves the right to make minor changes and adjustments, which may be justified, for example, by the special needs and interests of the respective group of participants.

5.3. The provider provides its services through qualified personnel selected by it. The provider can also use the services of third parties who work on its behalf. Unless the provider's descriptions indicate otherwise, the customer has no right to select a specific person to provide the ordered service.

5.4. The provider provides its services with the greatest care and to the best of its knowledge and belief. However, the provider is not obliged to achieve a specific result. In particular, the provider does not guarantee that the customer will achieve a specific learning success or that the customer will reach a specific performance goal. This also depends on the personal commitment and will of the customer, over which the provider has no influence.

 

6. Liability
   

The provider plans and conducts the workshop with the utmost care. Liability towards the participants and the items they use during the workshop is excluded unless there is gross negligence or intent on the part of the provider or his vicarious agents. The limitation of liability for intent and gross negligence applies to both contractual claims and those arising from tort. The customer is liable to the extent permitted by law for damage to inventory, systems and data belonging to the provider or third parties caused by event participants and other employees from his area or by himself. The customer is obliged to inform the provider in good time about the possibility of extraordinary damage occurring.

 

C. Special provisions for participation in online workshops

1. Subject matter and scope of the contract
   

1.1. All provisions set out under "B" apply, supplemented by the following general terms and conditions for participation in online workshops by mimi ferments. The general terms and conditions apply to all contracts for participation in online workshops and the provision of digital content that a consumer or entrepreneur concludes with the provider with regard to the services presented on the provider's website. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2. Digital content within the meaning of these Terms and Conditions is data that is created and provided in digital form.

2. Technical requirements for seminar participation
   

2.1. Certain technical requirements are necessary to participate in the workshop. The requirements will be communicated to the participants in advance by the provider. The participants undertake to comply with these minimum technical requirements, to check in good time before the start of the workshop whether a connection to the virtual workshop rooms can be established, and to remedy any technical faults that may exist, the rectification of which is their responsibility, in a timely manner. The provider is not liable for technical problems that are attributable to inadequate system requirements on the part of the participants.

2.2. Regardless of the participation fee for the online workshop, additional costs may arise due to the necessary technical requirements. These costs must be borne by the customer themselves.

2.3. Participants will receive a link to the virtual workshop room by email from mimi ferments shortly before the start of the workshop. Participants are obliged to protect the access data from unauthorized access. Only participants are permitted to use the access data. Passing on the access data to other people is prohibited. In the event of misuse, mimi ferments reserves the right to block access to all online workshops booked by participants. The participant is liable for any violations of this rule.

2.4. With their purchase contract, participants agree to the general terms and conditions and thus to the data protection guidelines of the online video conference platform selected by the provider. Participants are responsible for informing themselves in advance about the data protection guidelines of the respective online video conference platform and, with their confirmation of participation, agree to the data processing regulations of the video conference provider.

3. Change of participant
   

See B.2.

4. Withdrawal from participation, withdrawal compensation
   

See B.3.

5. Withdrawal by mimi ferments if the number of participants is not reached
   

See B.4.

6. Rules of conduct during the online workshop
   

The following rules of conduct apply to participation in an online seminar:

• Participation only possible as an individual
• Only one person per booking may participate visually and auditorily. Multiple participants behind one screen who have not booked an online workshop are not permitted.
• Digital and/or analog recording of the online workshop is not permitted and any violation will be prosecuted under copyright and criminal law in accordance with Sections 15 ff of the German Copyright Act.
• The procedure for requests to speak and questions must be clarified with the workshop leader at the beginning of the event. Everyone is allowed to speak and communicate with each other in a respectful manner. Insults of any kind are prohibited and can lead to immediate exclusion from the workshop without reimbursement of the workshop costs.

7. Contents of services and teaching materials
   

7.1. The provider is the owner of all usage rights required to provide the services. This also applies to teaching materials that may be provided to the customer in connection with the provision of the service. All documents provided digitally and analogue as part of the online workshop (scripts, materials, photos, literature lists, videos and audio files) are protected by copyright.

7.2. The documents and files provided may only be used by participants in accordance with express or legal regulations. Unauthorized use by third parties before, during and after the workshop is prohibited. If files and documents are made available for download, they may only be downloaded and printed by workshop participants as part of the respective seminar.

7.3. The passing on or electronic forwarding of workshop documents and files to third parties or any other use before, during and after the seminar requires the written consent of the organizer and the speakers. Without the separate permission of the provider, the customer is in particular not entitled to record the contents of the services or parts thereof or to reproduce, distribute or make teaching materials publicly available.

7.4. Any teaching materials accompanying the service will be provided to the customer exclusively in electronic form by email or for download. Unless otherwise agreed, the customer has no right to receive the teaching materials in physical form.

8. Online transmission and data protection
   

8.1. All participants can see the video transmission of other participants. If participants do not want their person to be identified by other participants, they have the following options:

• You have the option of turning off the video function in the web seminar right at the beginning.
• You can mute your microphone and only use the chat function.
• If you also do not want your name to be visible in the chat area, you cannot use the chat.

8.2. All personal participant data collected will be treated as strictly confidential and will not be passed on to third parties. Detailed information on how personal data is handled can be found in the privacy policy at www.mimiferments.com.

General terms and conditions [ https://shop.trustedshops.com/de/rechtstexte/ ] created with the Trusted Shops [ https://shop.trustedshops.com/de/ ] legal texter in cooperation with FÖHLISCH Rechtsanwälte [ https://foehlisch.com ].

 

In the event of any discrepancies between the German version of these terms and conditions and the translated version, the German version shall prevail

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and Section 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.