GTC Consumer

General terms and conditions of business

for consumers within the meaning of
 
of § 1 Consumer Protection Act (KSchG)

Version of 06.06.2020
By accessing this online shop you agree to the following terms of use. If you do not agree with these terms and conditions, please refrain from using the shop.
1. contracting party
1.1 Owner of the website www.coffeechecker.at and contractual partner for online orders is
Coffeechecker GmbH, Schulstrasse 4, A-4484 Kronstorf
FN: 532336y, UID: ATU 75465738
Phone: +43 670 4076308
Mail: office [at] coffeechecker.com
Homepage: www.coffeechecker.com 
    
2. scope of application
2.1 Coffeechecker GmbH (hereinafter referred to as "Coffeechecker") provides this online shop on the basis of the following terms and conditions. For each order of goods or services the currently published terms and conditions apply. It is therefore recommended to check the terms and conditions before each access in order to ensure that they have been updated. The following terms and conditions apply to all contracts which Coffeechecker concludes with consumers within the framework of this online shop or otherwise by means of distance selling. A consumer is someone who concludes a contract for a purpose which cannot be attributed to his commercial or self-employed activity. 

3. performance specification

3.1 The use of the shop network is free of charge.

3.2 Coffeechecker makes the Shop Network available to the consumer in order to obtain information about the products offered there and to purchase them. 

3.3 Coffeechecker's services relate to the presentation of the goods/services of individual producers, the handling of the ordering and payment process as well as the organization of the shipment of the products. 

3.4 Product pictures, which are used to describe the goods, are sample photos. These do not always represent the article in a lifelike manner, but serve as illustrations. Depending on the screen used, especially colours and sizes can be displayed differently. The description of the respective article is decisive. 

4. conclusion of contract for individual orders 

4.1 The consumer's order (sending the order in the webshop by clicking the button "order now for payment") represents a binding offer to Coffeechecker, aimed at the conclusion of a contract for the products in the shopping cart. 

4.2 After the order has been received by Coffeechecker, the consumer will be notified of the receipt of the order via the e-mail address provided. This notification (order confirmation) does not constitute an acceptance of the offer, but only serves as information that Coffeechecker has received the order.

4.3 A contract is only concluded when Coffeechecker accepts the order. The declaration of acceptance is made by sending the goods or by an explicit declaration of acceptance. 

The contract is concluded between the consumer and Coffeechecker GmbH, Schulstraße 4, A-4484 Kronstorf, UID: ATU 75465738, company register number: 532336y.

4.4 Should Coffeechecker not be able to fulfil your order for any reason, you will be informed by e-mail.

4.5 The sales contract and other data required for the fulfilment of the contractual services will be stored and can be viewed in the customer account by entering the order number.

4.6 The consumer hereby expressly agrees that the (contractual) correspondence
(order confirmation, invoice transmission, cancellation, complaints, etc.) exclusively by
e-mail will be sent. The consumer and the Coffeechecker therefore commit themselves to changes of the
e-mail addresses without delay. 

5. prices and shipping costs

5.1 The prices shown at the time of the order shall apply. The prices stated on the product pages are inclusive of all taxes including value added tax and duties. 

5.2 Price changes and errors are reserved. 

5.3 In addition to the purchase price of the goods, the consumer has to bear the costs for shipping. The shipping costs are a flat rate of EUR 4.90 incl. VAT throughout Austria. And are charged to the consumer in addition to the purchase price of the goods. If the total value of the goods ordered per order exceeds EUR 50.00, the shipping costs are waived and delivery is free of charge for the consumer. 

6. terms of delivery and country of destination:

6.1 The delivery takes place within Europe to the delivery address indicated in the order. The delivery period is 7 working days (on Saturdays, Sundays and on regional and national holidays there is no delivery).
 

6.2 The consumer is responsible for the acceptance of the delivery. If he is not available at the time of delivery or no alternative delivery is possible, he bears the sole risk that the goods will spoil. A refund of the goods spoiled for this reason is hereby excluded. If the goods still cannot be delivered after two delivery attempts due to the absence of a recipient, the goods will be returned to us. If the consumer then requests a new delivery of the goods, he will be charged € 19.90 for the return order, new delivery and additional processing.

7. terms of payment:

7.1 Coffeechecker only accepts the following means of payment, unless otherwise stated in the order mode
Credit cards (VISA, MASTERCARD, AMERICAN EXPRESS)
Paypal
              Klarna

8. conclusion of contract for subscription contract (minimum order value, costs, periods of notice and minimum term) 
8.1 In the case of a subscription contract, Coffeechecker will deliver to the consumer in periodic monthly deliveries the quantity of goods previously determined by the consumer. 
8.2 The consumer's subscription order (sending the order in the webshop by clicking the button "order now ABO payable") represents a binding offer to Coffeechecker, directed towards the conclusion of a subscription contract. After the order has been received by Coffeechecker, the consumer will be notified of the receipt of the order via the e-mail address provided. This notification does not constitute an acceptance of the offer, but only serves to inform the consumer that Coffeechecker has received the order. A subscription contract is only concluded after a separate declaration of acceptance (subscription contract confirmation) by Coffeechecker. 

8.3 The subscription contract is concluded for an indefinite period. 
8.4 Payment is made by the payment method chosen by the consumer at the cash desk. Coffeechecker only accepts the following payment methods:
    - credit cards (VISA, MASTERCARD, AMERICAN EXPRESS)
    - Paypal
              - Klarna
The consumer agrees that for the duration of the subscription contract the credit card data and Paypal account data will be stored by Coffeechecker.
The billing period is 1 month each. The billing of the subscribed goods with the credit card company or with Paypal will take place immediately before the dispatch of the goods. 
8.5 The contractual partners are entitled to immediately terminate the subscription contract for good cause. Important reasons for the termination of the contract are: 
8.5.1. by Coffeechecker:
If it is not possible to bill the goods via the credit card company provided by the consumer, Coffeechecker will inform the consumer immediately and in this case Coffeechecker reserves the right to retain the goods until full payment has been received. If the consumer does not react to Coffeechecker's letter within a grace period of 7 working days or if a billing/payment is still not possible, Coffeechecker is entitled to cancel the subscription contract with immediate effect.
8.5.2. by consumers:
The consumer has the right to cancel the subscription contract with immediate effect if Coffeechecker is not able to deliver the subscribed goods on time despite having been granted a reasonable grace period of 7 working days. 
8.6 In the case of subscription contracts, the consumer incurs shipping costs in addition to the purchase price of the goods. The shipping costs are a flat rate of EUR 4.90 incl. VAT throughout Austria. And are charged to the consumer in addition to the purchase price of the goods. If the total value of the goods ordered per order exceeds EUR 50.00, the shipping costs are waived and delivery is free of charge for the consumer. 
8.7 After conclusion of the subscription contract, the ordered goods will be delivered to the delivery address provided for the first time within 7 working days (calculated from conclusion of the contract). 
8.7.1 Thereafter, periodic subsequent deliveries will be made at monthly intervals, with the first subsequent delivery taking place one month after conclusion of the contract. Delivery shall be on time if the goods have been delivered to the delivery address provided by the consumer at the latest 7 working days after the end of the periodic monthly period. 
8.7.2 Delivery shall only be made within Europe exclusively to the delivery address specified in the order.

8.7.3 The consumer is responsible for accepting the delivery. If he is not available at the time of delivery or no alternative delivery is possible, he bears the sole risk that the goods spoil through his fault. A refund of the goods spoiled for this reason is hereby excluded. If the goods still cannot be delivered after two delivery attempts due to the absence of a recipient, the goods will be returned to Coffeechecker. In case of a new delivery to the customer an additional € 19.90 will be charged for the return order, new delivery and additional processing.

9. reservation of proprietary rights

9.1 The delivered goods remain the property of Coffeechecker until full payment has been received.

10. warranty

10.1 Coffeechecker guarantees that the goods are free of defects at the time of delivery in accordance with the relevant legal regulations. The statutory periods apply to the assertion of warranty claims. 
 
11. contractual language

11.1 The contract language is German.

12. applicable law:

12.1 The parties to the contract agree for these terms and conditions of business and the entire legal relationship, insofar as there are no mandatory legal provisions to the contrary, the applicability of Austrian law.

12.2 The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

13. duties of the consumer

13.1 The consumer must ensure that his access data (user name and password) are not accessible to third parties. In particular, he is also prohibited from making the access data available to third parties. For his own protection and security on the Internet, the consumer should change his password at regular intervals.

13.2 The consumer shall immediately report any changes to the data provided by him (delivery address, ...), in particular to the extent that these are necessary for processing outstanding purchase offers. 

14. reminder and collection charges:

14.1 In case of default of payment, the consumer undertakes to reimburse the Coffeechecker for the reminder and collection costs incurred by the Coffeechecker, insofar as they are necessary or required for appropriate legal action. 

15. final provisions

15.1 There are no verbal collateral agreements apart from this contract. 

15.2 Should individual provisions of this contract be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a provision which comes closest to the invalid or unenforceable provision in economic terms. 

Information, notification obligations and rights of revocation (FAGG)

 

Version of 02.06.2020

 

The consumer within the meaning of the Distance and Away Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG for short) is subject to the following information, notification and withdrawal rights:

 

1. characteristics of the goods and/or services

 

1.1 Coffeechecker GmbH (in short "Coffeechecker") has set itself the goal of offering its customers a wide variety of coffee types (capsules, whole beans, ground) in order to provide them with a special taste experience. Coffeechecker also offers coffee seminars. The essential characteristics of the offered coffees and coffee seminars can be found in the extensive product and seminar description on the website www.coffeechecker.com. 

 

2. the company and contact details are:

 

Coffeechecker GmbH, school road 4, A-4484 Kronstorf,

FN 532336y (LG Steyr), UID: ATU 75465738

43 670 4076308, 

e-mail: office [at] coffeechecker.com

Homepage: www.coffeechecker.com

 

3. individual order: prices and costs 

 

3.1 The prices shown at the time of the order shall apply. All prices are inclusive of all taxes including value added tax and duties. 

 

3.2 Price changes and errors are reserved.

 

3.3 In addition to the purchase price of the goods, the consumer has to bear the costs for shipping. The shipping costs shall be a flat rate of EURO 4.90 incl. VAT throughout Austria and shall be charged to the consumer in addition to the purchase price of the goods. If the total order value (total price in the shopping basket) exceeds EURO 50.00, the shipping costs are waived and the delivery is free of charge for the customer. 

 

4. individual order: terms of payment, delivery and service 

 

4.1 The order (sending the order in the webshop by clicking the button "order now liable to pay") represents a binding offer to us, directed to the conclusion of a contract for the products contained in the shopping cart. After the order has been received by Coffeechecker, the consumer will be notified of the receipt of the order via the e-mail address provided. This notification (order confirmation) does not constitute an acceptance of the offer, but only serves to inform the consumer that Coffeechecker has received his order.

 

4.2 A contract is only concluded after acceptance by Coffeechecker. Acceptance is made either by shipping the goods or by a separate declaration of acceptance. Payment is made by the payment method chosen by the consumer at the cash desk. Coffeechecker only accepts the following payment methods:

            - Credit cards (VISA, MASTERCARD, AMERICAN EXPRESS)

            - Paypal

             - Klarna

 

4.3 Delivery within Europe is made exclusively to the delivery address stated in the order. The delivery period is 7 working days (on Saturdays, Sundays and on regional and national holidays there is no delivery). 

 

4.4 The goods remain the property of Coffeechecker GmbH until full payment has been received.

 

4.5 The consumer must ensure that the delivery is accepted. If he is not available at the time of delivery or if no alternative delivery is possible, he bears the sole risk that the goods will spoil. A refund of the goods spoiled for this reason is hereby excluded. If the goods still cannot be delivered after two delivery attempts due to the absence of a recipient, the goods will be returned to us. In case of new delivery to the customer an additional € 19,90 will be charged for the return order, new delivery and additional processing.

 

4.6 The use of the Coffeechecker shop network is free of charge for the consumer. Coffeechecker makes its shop network available so that the consumer can inform himself about the products offered there and purchase them. 

 

5. subscription contract: minimum order value, costs, periods of notice and minimum term 

 

5.1 In the case of a subscription contract, Coffeechecker will deliver to the consumer in periodic monthly deliveries the quantity of goods previously determined by the consumer.

 

5.2 The consumer's subscription order (sending the order in the webshop by clicking the button "order now ABO payable") represents a binding offer to Coffeechecker, directed towards the conclusion of a subscription contract. After the order has been received by Coffeechecker, the consumer will be notified of the receipt of the order via the e-mail address provided. This notification does not constitute an acceptance of the offer, but only serves to inform the consumer that Coffeechecker has received the order. A subscription contract is only concluded after a separate declaration of acceptance (subscription contract confirmation) by Coffeechecker. 

 

5.3 The subscription contract is concluded for an indefinite period of time. 

 

5.4 Payment is made by the payment method chosen by the consumer at the cash desk. Coffeechecker only accepts the following payment methods:

            - credit cards (VISA, MASTERCARD, AMERICAN EXPRESS)

            - Paypal

             - Klarna

 

The consumer agrees that for the duration of the subscription contract the credit card and PayPal account data will be stored by us.

 

The billing period is 1 month each. The billing of the subscribed goods with the credit card company or with PayPal takes place immediately before the dispatch of the goods. 

5.5 The contractual partners are entitled to terminate the subscription contract immediately for good cause. Important reasons for the termination of the contract are: 

5.5.1. by Coffeechecker:

If it is not possible to bill the goods via the credit card company provided by the consumer, Coffeechecker will inform the consumer immediately and in this case Coffeechecker reserves the right to retain the goods until full payment has been received. If the consumer does not react to Coffeechecker's letter within a grace period of 5 working days or if a billing/payment is still not possible, Coffeechecker is entitled to cancel the subscription contract with immediate effect.

5.5.2. by consumers:

The consumer has the right to cancel the subscription contract with immediate effect if Coffeechecker is not able to deliver the subscribed goods on time despite having been granted a reasonable grace period of 5 working days. 

5.6 In the case of subscription contracts, the consumer will incur shipping costs of a flat rate of EURO 4.90 incl. VAT throughout Austria and will be charged to the consumer in addition to the purchase price of the goods. From a total order value (total price in the shopping basket) of EURO 50.00, the shipping costs are waived and the delivery is free of charge for the customer.  

            

5.7 After conclusion of the subscription contract, the ordered goods will be delivered to the delivery address provided for the first time within 7 working days (calculated from conclusion of the contract). 

 

5.7.1 Thereafter, periodic subsequent deliveries will be made at monthly intervals, with the first subsequent delivery taking place one month after conclusion of the contract. Delivery shall be on time if the goods have been delivered to the delivery address provided by the consumer at the latest 7 working days after expiry of the periodic monthly period. 

 

5.7.2 Within Europe, delivery shall be made exclusively to the delivery address specified in the order.

 

5.7.3 The consumer is responsible for the acceptance of the delivery. If he cannot be reached at the time of delivery or no alternative delivery is possible, he bears the sole risk of spoiling the goods. A refund of the goods spoiled for this reason is hereby excluded. If the goods still cannot be delivered after two delivery attempts due to the absence of a recipient, the goods will be returned to us. In case of new delivery to the customer an additional € 19,90 will be charged for the return order, new delivery and additional processing.

 

5.8 The goods remain the property of Coffeechecker GmbH until full payment has been received.

 

6. warranty: 

 

6.1 The consumer has the legal warranty rights.

 

7. rights of withdrawal 

 

7.1 You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods or, in the case of partial deliveries, the last delivery. 

 

7.2 In order to exercise your right of revocation, you must inform Coffeechecker GmbH, Schulstraße 4, A-4484 Kronstorf, Germany, telephone: +43 670 4076308 e-mail: office [at] coffeechecker.at by means of a clear statement (e.g. a letter, fax or e-mail sent by post) or verbally (e.g. by telephone) of your decision to revoke this contract.

 

 

7.3 You can use the attached sample revocation form. However, this is not mandatory. You can also fill out and submit the sample revocation form or other clear declaration electronically via the contact form on our website. If you make use of this option, we will immediately (e.g. by email) send you a confirmation of receipt of your revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

 

 

 

8. consequences of revocation: 

 

8.1 If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. 

 

8.2 We may refuse to make any refund until we have received the Goods or until you have provided proof that you have returned the Goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You will only be liable for any loss of value of the goods if such loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.

 

8.3 You have no right of revocation for contracts for goods which were concluded outside of business premises and where the fee to be paid by the consumer does not exceed the amount of 50.00 EURO, for goods which are manufactured according to customer specifications or are clearly tailored to personal needs, for goods which can spoil quickly or whose expiry date is exceeded quickly, and for goods which are delivered sealed and are not suitable for return for reasons of health protection or for reasons of hygiene, provided that the seal was removed after delivery.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sample cancellation form

 

 

(If you want to cancel the contract, please fill out this form and send it back) 

 

AN Coffeechecker GmbH, 

Address:          A-4484 Kronstorf, Schulstraße 4,

Phone: +43 670 4076308 

e-mail: office [at] coffeechecker.at 

 

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

 

 

 

 

 

 

/the provision of the following service

 

 

 

 

--- Ordered on (*) received on (*)

 

 

 

 

--- Name of the consumer(s)

 

 

 

 

--- Address of the consumer(s) (only in case of communication on paper)

 

 

 

 

 

--- date

(*) Delete as appropriate