General Terms and Conditions

1. scope of application

The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.

For Austria: In the following terms and conditions, “consumer” means “consumer” within the meaning of the Consumer Protection Act (KSchG).

The following applies to Germany: Consumers are acc. § Section 13 of the German Civil Code (BGB) applies to any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

An entrepreneur is someone for whom the business is part of the operation of his company. A company is any long-term organization of independent economic activity, even if it is not profit-oriented. Legal entities under public law are always deemed to be entrepreneurs.

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Coffeechecker GmbH.

By placing the products in the online store, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.

4. terms of delivery

Delivery options

We ship the products to the delivery address specified in the order process.

You have the possibility to pick up your order at Coffeechecker GmbH, Schulstraße 4, 4484, Kronstorf during the following business hours: Monday – Friday

We do not deliver to packing stations.

5. payment

The following payment methods are available in our store.

Credit card
Enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

SEPA Direct Debit Scheme
By submitting your order, you issue us with a SEPA Direct Debit Mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. The account will be debited before the goods are dispatched.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Google Pay
To be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further instructions during the ordering process.

Electronic Payment Standard (EPS)

In order to be able to pay the invoice amount via the payment service provider PSA Payment Services Austria GmbH, Handelskai 92, Gate 2, 1200 Vienna, Austria in cooperation with the Austrian banks (“Electronic Payment Standard (EPS)”), you must have a bank account with an Austrian credit institution that is activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

Apple Pay
To be able to pay the invoice amount via Apple Pay, you must use the “Safari” browser, be registered with the service provider Apple, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Link by Stripe
Stripe Payments Europe, Limited (SPEL) 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland

Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.

6. right of withdrawal

You are entitled to the statutory right of revocation as described in the revocation instructions.

7. reservation of title

The product remains our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. transportation damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

9 Warranty and guarantees

The following applies to consumers:
The statutory liability for defects applies.

Validity of the statutory liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 933 b ABGB remain unaffected.

Note to merchants

The obligation to inspect and give notice of defects regulated in § 377 UGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

Warranties and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 12:00 p.m. by calling +43 670 4076308 or by e-mail at office@coffeechecker.at

10. liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• for guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. dispute resolution

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. final provisions

If you are an entrepreneur, Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are an entrepreneur within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.