General Terms and Conditions with Customer Information

1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Modalities
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of the Contract Text
11. Final Provisions

1. Scope of Application
1.1. The following General Terms and Conditions in their valid version at the time of the order shall apply exclusively to the business relationship between coffeekult OG, Managing Director: Cem Korkmaz, Tschamlerstraße 10, 6020 Innsbruck (hereinafter “Seller”) and the customer (hereinafter “Customer”).

1.2. You can reach our customer service for questions, complaints, and objections on weekdays from 9:00 AM to 6:00 PM at the telephone number +43 676 74 99 608 as well as by e-mail at ck@coffeekult.com.

1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer will not be recognized, unless the seller expressly agrees to their validity.

2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer, but rather a request to place an order. Service descriptions in catalogs as well as on the seller’s websites do not have the character of an assurance or guarantee. All offers are subject to change and non-binding, subject to errors.

3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range of products without obligation and collect them in a so-called shopping cart via the button. Within the shopping cart, the selection of products can be changed, e.g., deleted. Subsequently, the customer can proceed to conclude the ordering process within the shopping cart via the “Proceed to Checkout” button.

3.2. By clicking the button “order with an obligation to pay,” the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time and, using the browser function “back,” return to the shopping cart or cancel the entire order process. Mandatory information is marked with an asterisk (*).

3.3. The seller will then send the customer an automatic acknowledgment of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is concluded only when the seller dispatches, hands over, or confirms the dispatch to the customer within 2 days, by means of a second e-mail, an express order confirmation, or by sending the invoice.

3.4. If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If payment is not received even after a renewed request within 10 calendar days after the dispatch of the order confirmation, the seller shall withdraw from the contract, with the consequence that the order is void and the seller has no obligation to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website include the respective applicable statutory value-added tax.

4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs will be communicated separately to the buyer on an information page and within the order process.

5. Delivery, Product Availability
5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the customer’s fault, despite three attempts at delivery, the seller can withdraw from the contract. Any payments already made will be refunded to the customer without delay.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier without any fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a delivery of a comparable product, the seller will immediately refund any services already provided to the customer.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment Modalities
6.1. Within the scope of and before completing the ordering process, the customer can choose from the available payment methods. Customers will be informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with payment processing, e.g., Paypal, their general terms and conditions apply.

6.4. If the payment is due on a calendar date, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not exclude the assertion of further default damages by the seller.

6.6. The customer is only entitled to set-off if his counterclaims have been legally established or are undisputed. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.

8. Warranty for Material Defects and Guarantee
8.1. The warranty is determined by legal regulations.

8.2. A guarantee exists for the goods delivered by the seller only if it has been explicitly given. Customers will be informed about the warranty conditions before initiating the ordering process.

9. Liability
9.1. The following liability exclusions and limitations apply to the seller’s liability for damages without prejudice to the other legal claim requirements.

9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies. In this case, the seller is liable only for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4. The above liability limitations do not apply in the event of injury to life, body, and health, for a defect after a guarantee of the product’s quality has been assumed, and in the case of maliciously concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

10. Storage of the Contract Text
10.1. The customer can print out the contract text to the seller before submitting the order by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the GTC including the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders placed in your profile area. Furthermore, we store the text of the contract, but do not make it accessible on the Internet.

11. Final Provisions
11.1. The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law, or a special fund under public law.

11.2. The contract language is German.

11.3. Platform of the European Commission for Online Dispute Resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.