Last Updated: February 06, 2026

1. Scope and Provider

(1) These General Terms and Conditions (GTC) apply to all contracts for the delivery of goods concluded via the website www.NikanKitchen.com (hereinafter the "Site") between AGENO & COMPANY - Prop. K.Ageno, Anna-Maria-Müller-Str. 19, 13053 Berlin (hereinafter the "Seller") and the buyer (hereinafter the "Buyer" or "Customer").
(2) The Seller provides its services exclusively on the basis of these GTC. Any conflicting terms and conditions of the Customer shall not apply unless the Seller has expressly agreed to their validity in writing.
(3) These GTC apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).

2. Registration, Customer Account, and Passwords

(1) Access to certain services on the website requires registration and the creation of an account. The Buyer is obliged to provide truthful and complete information during registration and to treat their access data as confidential.
(2) The Buyer agrees to inform the Seller immediately of any loss of access data or any unauthorized use of their account. The Seller shall not be liable for any loss or damage resulting from a breach of these due diligence obligations.

3. User Contributions and Reviews

(1) Certain areas of the website allow users to submit product reviews, comments, or images ("Contributions"). These contributions exclusively reflect the opinion of the respective user.
(2) The Buyer bears sole responsibility for their contributions and ensures that no third-party rights are violated. The Seller assumes no liability for third-party contributions but reserves the right to edit or remove content at any time and for any reason without prior notice.

4. Conclusion of Contract

(1) The presentation of products on this website does not constitute a legally binding offer by the Seller, but merely an invitation to place an order (Invitatio ad offerendum).
(2) The contract is only concluded when the Seller accepts the Buyer's purchase offer (order). Acceptance is effected either by an express declaration of acceptance via email or by dispatching the goods. An automated confirmation of receipt of the order does not yet constitute an acceptance of the offer.
(3) Freedom of Contract: The Seller is free to reject offers for the conclusion of a contract from the Buyer without giving reasons. No entitlement to the conclusion of a contract exists.
(4) Automated Processing: Orders are processed automatically. Should a product no longer be available after the offer has been sent, the Seller reserves the right to ship only the available items. Payments already made for unavailable products will be refunded immediately.

5. Prices, Delivery Terms, and Shipping Costs

(1) All prices include the applicable statutory value-added tax (VAT). The price stated at the time the order is completed shall apply.
(2) For deliveries to non-EU countries, additional country-specific import duties and fees may occur, which shall be borne by the Buyer.
(3) Shipping costs for standard deliveries (DPD/DHL/UPS) are displayed during the ordering process. A surcharge applies to island deliveries.
(4) Refrigerated and Frozen Products: To ensure quality, these are shipped in special insulation (styrofoam box/coolant) with a surcharge of €6.90. The Seller strongly recommends the "Express Shipping" option. If the Customer chooses standard shipping and the goods spoil due to transport-related delays within the regular transit time, the Seller's liability is excluded.
(5) Deliverability: The Buyer is responsible for ensuring that the shipment can be delivered. This includes providing a correct address and ensuring a clearly legible name is placed on the doorbell or mailbox. If delivery fails due to errors within the Buyer's sphere of responsibility (wrong address, missing nameplate, failure to collect), the Buyer shall bear the costs for return shipping and redelivery according to the price list (DPD €4.90, DHL €7.90, UPS €9.50, international from €9.90).

6. Payment and Retention of Title

(1) The purchase price and shipping costs are due immediately upon conclusion of the contract. Payment is made using the methods offered (bank transfer, PayPal, or credit card via PayPal) as selected by the Buyer.
(2) The Seller retains title to the delivered goods until full payment of the purchase price has been made.

7. Redemption of Coupons and Reward Points

(1) Promotional coupons and reward points are only redeemable within the specified period and cannot be combined with each other.
(2) Only one coupon or reward point allocation can be used per order. Cash payout or interest is excluded. In the event of a return of goods, the value of the coupon will not be refunded if the coupon was issued as part of a promotional campaign without any consideration.

8. Cancellation Policy (Right of Withdrawal)

(1) Right of Withdrawal: Consumers have the right to withdraw from this contract within fourteen days without giving reasons. The period begins from the day on which you or a third party named by you who is not the carrier takes possession of the last goods.
(2) Exclusions: Pursuant to § 312g (2) BGB, the right of withdrawal does not apply to: goods that can spoil quickly or whose expiration date would be quickly exceeded (e.g., fresh food, refrigerated items), as well as sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
(3) Consequences: If the contract is withdrawn, the Buyer shall bear the direct costs of returning the goods.

9. Liability and Warranty

(1) The statutory warranty rights apply unless otherwise specified in these GTC.
(2) The Seller is liable without limitation for damages arising from injury to life, limb, or health, as well as for intent and gross negligence. In the event of simple negligence, the Seller is only liable for the breach of a material contractual obligation (cardinal obligation), limited to the foreseeable damage typical for the contract.
(3) Loss Report: If tracking indicates successful delivery but the Customer claims non-receipt, a refund or investigation is only possible upon presentation of a legally binding declaration from the recipient (Erhaltserklärung) issued by the carrier or a police report filed by the Buyer.
(4) Product Liability: The provisions of the German Product Liability Act (ProdHaftG) remain unaffected. Since the Seller acts as a reseller of third-party goods, primary liability for manufacturing-related defects (e.g., incorrect ingredient labels or defects in the manufacturer's production process) lies with the respective manufacturer.

10. Final Provisions, Choice of Law, and Jurisdiction

(1) Choice of Law: The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) Place of Jurisdiction: If the Buyer is a merchant, a legal entity under public law, or has no general place of jurisdiction in Germany, the registered office of the Seller (Berlin) shall be the exclusive place of jurisdiction for all disputes arising from this contract.
(3) Language: The contract language is German. In the event of discrepancies between the German version of these GTC and a version in another language, the German version shall prevail.
(4) Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr. The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.