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 Order valid version. We hereby object to the inclusion of the customer’s own terms, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to the purchase of vouchers, unless expressly regulated otherwise.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).
2. Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to make 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 in relation 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 (email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
- If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is considered 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 sends the offer and ends at the end of the fifth day after the offer has been sent.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail or fax) after submitting his order together with the present 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, providing the appropriate login data, provided 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 before the binding submission of the order are displayed again in a confirmation window 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 contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
2.9 You agree that you will receive invoices electronically. Electronic invoices will be sent to you in PDF format by email or made available for download within your customer account.
2.10 The invoice amount to be paid must be paid within 14 days. Otherwise, the seller reserves the right to withdraw the offer.
3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal. Further information on the right of cancellation can be found in the seller’s cancellation policy, which can be found here.
4. Prices and shipping conditions
4.1 All prices stated on the seller’s website include the applicable statutory sales tax.
4.2 After ordering, the customer will receive an invoice in the form of a PDF via email. The transaction conditions are summarized on this. The seller undertakes to only deliver the delivery note to the customer, but not a copy of the invoice. The invoice can be printed out in your 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 cost side 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, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer 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 The customer has various payment options available, which are specified in the seller’s online shop.
4.6 The customer can pay in advance, via DIRECTebanking.com, or via PayPal. With every order, however, the seller reserves the right 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 interest on arrears in the amount of 5% above the base rate announced by the European Central Bank p.a. to promote. If there is evidence of a higher damage caused by delay, the seller is entitled to assert this.
4.8 The seller is entitled to use trustworthy third parties to process the payment of the services. If the customer defaults on payment, the seller may assign his claims to a collection agency and transfer the personal data required for payment processing to this third party. In the event that third parties are involved in payment processing, the payment in relation to us is only deemed to have been made when 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 restriction.
4.9 The goods are only sold in standard quantities. This refers both to the number of goods ordered in the context of an order and to the placing of several orders for the same goods, for which the individual orders comprise a normal household quantity.
5. Retention of title
If the seller makes advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6. Liability for defects
Statutory liability for defects applies.
7. Redeeming vouchers
7.1 Vouchers that are purchased through the seller’s online shop can only be redeemed in the seller’s online shop using the dedicated online order form. A redemption by phone, letter, fax or email is not possible.
7.2 Vouchers and remaining vouchers can be redeemed up to the end of the third year after the year 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 pay the difference.
7.5 Several vouchers can be redeemed for an order.
7.6 A cash payment of vouchers or voucher credits is not possible.
7.7 The voucher is transferable. The seller can liberate 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 ineligibility, incapacity for business or the lack of authorization to represent the respective owner.
8. Applicable 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 is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
9. Note according to Art. 14 ODR regulation
9.1 CUSTOMERS, the consumers i.S.d. § 13 BGB, have the possibility 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 help of a recognized arbitration board. To do this, they can use the EU’s online arbitration platform at the URL: http//ec.europa.eu/consumers/odr/.
9.2 The online arbitration procedure is not a mandatory prerequisite for calling competent courts, but is an alternative way of eliminating differences that may arise in the context of a contractual relationship.
9.3 Other national regulations for the implementation of arbitration proceedings remain unaffected by the above provisions in Sections 9.1 and 9.2.
We would like to point out that the online platform provided by the EU Commission at http://ec.europa.eu/consumers/odr for out-of-court online dispute resolution (ODR platform) is currently not yet ready for use.
Our email address is: firstname.lastname@example.org
10. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based 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 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 entitled to appeal to the court at the customer’s registered office.
Changes to the sales conditions: The seller reserves the right to make changes to his website and these general terms and conditions at any time. The general terms and conditions in force at the time of the order by the customer apply to the order, unless a change to these conditions is required by law or by official order (in this case they also apply to orders, that you did previously). If a regulation in these general terms and conditions is ineffective, void or unenforceable for any reason, this regulation is considered separable and does not affect the validity and enforceability of the remaining regulations.
Minors: We do not offer products for purchase by minors. Our products can only be bought by adults. If the customer is under 18, he may only use the online shop with the participation of a parent or legal guardian.