Terms of service
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
1.1 For the business relationship between COFFRIGO GmbH, Artur-Kutscher-Platz 1, 80802 Munich (hereinafter "seller") and the customer (hereinafter "customer") for the purchase of cold brew coffee, the following general terms and conditions apply exclusively in their at the time of the version valid for the order. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
- CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer to the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button.
2.3 The seller can accept the customer's offer within five days, by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email or fax) after the order has been sent along with these General Terms and Conditions. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order. A data protection declaration can be viewed here.
2.6 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
2.9 You agree to receive invoices electronically. Electronic invoices will be emailed to you in PDF format or made available for download within your customer account.
2.10 The invoice amount to be paid is to be paid within 14 days. Otherwise the seller reserves the right to withdraw the offer.
- RIGHT OF WITHDRAWAL
3.1 Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in dhe cancellation policy of the seller, which can be accessed here.
- PRICES AND SHIPPING TERMS
4.1 All prices stated on the seller's website include the applicable statutory sales tax.
4.2 After the order has been placed, the customer will be sent an invoice in the form of a PDF by email. The transaction conditions are summarized on this. The seller undertakes to only hand over the delivery note to the customer upon delivery, but not a copy of the invoice. The invoice can be printed in the personal account.
4.3 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
4.4 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.5 Various payment options are available to the customer, which are specified in the seller's online shop.
4.6 The customer can pay in advance, by sofortüberweisung.de, or by PayPal. However, the seller reserves the right for each order not to offer certain payment methods and to refer to other payment methods.
4.7 If the customer is in default of payment, the seller is entitled to demand default interest of 5% above the base rate p.a. announced by the European Central Bank. If a higher damage caused by delay can be proven, the seller is entitled to assert this.
4.8 The Seller is entitled to use the services of trusted third parties to process payments. If the customer is in default of payment, the seller may assign his claims to a debt collection agency and transfer the personal data required for payment processing to this third party. If third parties are involved in the payment processing, the payment is only deemed to have been made in relation to us if the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restrictions.
4.9 The goods are only sold in commercial quantities. This relates both to the number of goods ordered as part of an order and to the placing of several orders for the same goods, where the individual orders cover a normal household quantity.
- RETENTION OF TITLE
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
- LIABILITY FOR DEFECTS
The statutory liability for defects applies.
- REDEEMING VOUCHERS
7.1 Vouchers purchased via the seller's online shop can only be redeemed in the seller's online shop using the online order form provided for this purpose. Redemption by telephone, letter, fax or e-mail is not possible.
7.2 Vouchers and the remaining balance of vouchers can be redeemed up to the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer's voucher account by the expiry date.
7.3 Vouchers can only be used for the purchase of goods and not for the purchase of further vouchers.
7.4 If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
7.5 Multiple vouchers can be redeemed for one order.
7.6 A cash payment of vouchers or voucher credit is not possible.
7.7 The voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
- GOVERNING LAW
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
- Note in accordance with Article 14 of the ODR Regulation
9.1 CUSTOMERS, the consare also within the meaning of § 13 BGB, have the option in the event of a dispute on the EU portal "Your Europe" (http://europa.eu/youreurope/citizens/index_de.htm) to carry out an online arbitration procedure with the involvement of a recognized arbitration board. To do this, you can use the EU's online arbitration platform at URL: http://ec.europa.eu/consumers/odr/.
9.2 The online arbitration procedure is not a mandatory prerequisite for calling the competent ordinary courts, but represents an alternative possibility to resolve differences that may arise within the framework of a contractual relationship.
9.3.Other national regulations for conducting arbitration proceedings remain unaffected by the above provisions in Sections 9.1 and 9.2.
We would like to point out that the EU Commission's online platform for out-of-court online dispute resolution (OS platform) provided at http://ec.europa.eu/consumers/odr is not yet operational.
Our e-mail address is: firstname.lastname@example.org
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
Modification of Terms of Sale: Seller reserves the right to make changes to its website and these Terms and Conditions at any time. The general terms and conditions in force at the time the customer places the order apply to the order, unless a change to these terms is required by law or official order (in which case they also apply to orders you have done previously). If any provision of these Terms of Service is held invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Minors: We do not offer any Products for sale by minors. Our products can only be purchased by adults. If the customer is under 18, he may only use the online shop with the involvement of a parent or legal guardian.