Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Information on Online Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of The Coffee Board (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless expressly provided otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) 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 enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into 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 contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
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 the receipt of the order confirmation by the Customer is decisive, or
– delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
– requesting payment from the Customer after the submission of their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. e-mail or letter) after the order has been sent, together with these GTC. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by providing the corresponding login data, provided that the Customer has created a customer account in the Seller's online shop before sending their order.
2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that 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 by the Seller with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Conditions
5.1 Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.
5.2 If the shipping company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers are provided to the Customer as follows:
– by e-mail
– by post
6) Retention of Title
If the Seller makes an advance payment, it retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If the Seller makes an advance payment, it retains ownership of the delivered goods until the purchase price owed has been paid in full.
7.2 The Customer is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. Failure by the Customer to do so shall not affect their statutory or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Promotional Vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the Promotional Voucher.
8.4 Promotional Vouchers can only be redeemed before the completion of the ordering process. Subsequent crediting is not possible.
8.5 Only one Promotional Voucher can be redeemed per order.
8.6 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be reimbursed by the Seller.
8.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.8 The credit of a Promotional Voucher will neither be paid out in cash nor bear interest.
8.9 The Promotional Voucher will not be refunded if the Customer returns goods paid for wholly or partially with the Promotional Voucher within the scope of their statutory right of withdrawal.
8.10 The Promotional Voucher is transferable. The Seller can discharge its obligation to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder's lack of authorization, incapacity, or lack of power of representation.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
9.2 Gift Vouchers and remaining credit of Gift Vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining credit will be credited to the Customer until the expiry date.
9.3 Gift Vouchers can only be redeemed before the completion of the ordering process. Subsequent crediting is not possible.
9.4 Only one Gift Voucher can be redeemed per order.
9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The credit of a Gift Voucher will neither be paid out in cash nor bear interest.
9.8 The Gift Voucher is transferable. The Seller can discharge its obligation to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder's lack of authorization, incapacity, or lack of power of representation.
10) Applicable Law
All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale 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 their habitual residence is not withdrawn.
11) Place of Jurisdiction
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 Seller's place of business. If the Customer has its registered office 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 aforementioned cases, the Seller is, however, entitled in any case to appeal to the court at the Customer's registered office.
12) Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.