T&Cs

Updated on:

9.2.2023

STANDARD TERMS AND CONDITIONS (T&Cs)

  1. SCOPE
  1. These Standard Terms and Conditions apply to all deliveries and services of ‍60beans
    Coffee Roastars GmbH
    Neuer Jungfernstieg 18
    20354 Hamburg, Germany

Email: contact@60beans.com

Managing directors: Dijana Dimitrovska, Ferdinand von Kalm, Roman Smigiel
Registration number: HRB 174174
Registration court: Hamburg

(hereinafter "Seller/we").
 Any standard terms and conditions of the customer shall only apply if this has been expressly agreed in writing in advance.

  1. Customers in the sense of these terms and conditions are both consumers and businesses in the sense of §§ 13, 14 BGB. In this context, the customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity.
  1. FORMATION OF CONTRACT
  1. The products in the online store or the placement of the products on the website do not constitute a binding offer to conclude a contract for these products.
  2. The Customer can select products from the Seller's assortment and collect them in a so-called shopping cart by clicking the "add to cart" button. Before sending the order, he can change and view the entered data at any time. By clicking on the "Buy" button, he submits a binding request to purchase the goods in the shopping cart. However, in order for the application to be submitted and transmitted, the customer must accept these contractual terms and conditions by clicking the button "I agree to the Standard Terms and Conditions and I have taken note of the cancellation policy" and thereby include them in his application.
  3. The customer will then receive an automatic order confirmation from the seller by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The order confirmation merely documents the receipt of the customer's order by the seller and does not represent an acceptance of the application. The contract is not concluded until the seller issues a declaration of acceptance, which is sent by a separate email (order is processed by the roaster). If the order confirmation is not sent within five working days after receipt of the order, this is considered a rejection. In the order confirmation email, but no later than upon delivery of the goods, the text of the contract (consisting of the order, T&Cs and order confirmation) shall be sent to the customer by the seller on a durable medium (email or paper printout) (contract confirmation). The customer can also view the T&Cs and the cancellation policy at any time at https://www.60beans.com. The text of the contract is stored in compliance with data protection.
  4. The contract is concluded in German or English. You can choose your preferred language by using the language selector in the header of the website.

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III. DELIVERY, AVAILABILITY OF GOODS

  1. The delivery time is a maximum of 20 working days. The calculation of the delivery time is from the date of order confirmation, provided prior payment of the purchase price.
  2. The delivery of the goods will be made by third party shipping providers such as DHL. The shipping risk is borne by the seller if the customer is a consumer.
  3. The following delivery restrictions apply: the seller delivers only to customers who have their habitual residence (billing address) in Germany or can provide a delivery address in Germany.
  4. We do not assume the risk of having to procure ordered merchandise elsewhere (procurement risk). In an out of stock event, the Seller shall immediately notify the Customer thereof in the (then modified) order confirmation. If the product is permanently not available, the Seller refrains from a declaration of acceptance. In this case, a contract is not concluded.

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  1. PRICES AND SHIPPING COSTS
  1. All price quotations on the Seller's website are inclusive of the applicable statutory value added tax.
  2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. For packaging and shipping, unless otherwise agreed, the following costs will be charged depending on the value of goods of the ordered items: up to a value of goods of €30 (incl. 7% VAT) a shipping fee of €3.90 will be charged. For orders above €30, shipping is free.
  3. In the event of revocation, the customer shall bear the direct costs of the return shipment.

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  1. PAYMENT MODALITIES
  1. The following payment methods are available to the customer:
    ShopPay, AmazonPay, PayPal, GPay, Visa, Klarna, credit cards (Visa, MasterCard and American Express). In his user account, the customer can change the saved payment method at any time.
  2. The payment of the purchase price is due immediately upon conclusion of the contract, unless another payment term is determined by the seller.
  3. In the event of default in payment, the Seller shall be entitled to charge the respective applicable statutory default interest in the amount of currently five percentage points above the base interest rate or, in the case of legal transactions in which a consumer is not involved, nine percentage points above the base interest rate.
  4. The customer's obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by the delay.

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  1. RESERVATION OF OWNERSHIP

The goods remain the property of the seller until payment in full.

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VII. RIGHT OF REVOCATION

  1. Consumers have a statutory right of revocation when concluding a distance selling transaction, about which the seller informs in accordance with the statutory model below. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.

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RIGHT OF REVOCATION

You have the right to revoke this contract within 14 days without giving any reason.

You have the right to revoke this contract within 14 days without giving any reasons. The period of revocation is 14 days from the day on which you, or a third party designated by you (but who is not the carrier), took possession of the last item of merchandise. 

To exercise your right of withdrawal, you must send us

Coffee Roastars GmbH | 60beans
c/o Mindspace
Krausenstr 9, 10117 Berlin

Email: contact@60beans.com

by means of a clear statement (eg a letter sent by mail or email) about your decision to revoke this contract. If you wish, you may use the attached revocation form, but there is no requirement to do so. You may also complete and submit the revocation form or other unequivocal declaration online through the contact form on our website. If you submit your notice of revocation online, we will send you a confirmation of receipt without undue delay (e.g. by e-mail). You will be deemed to have complied with the revocation period if you send your notice of revocation before such period expires.

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CONSEQUENCES OF REVOCATION

  1. If you revoke this contract, we shall reimburse you 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 type of delivery other than the preferred standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
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We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct costs of returning the goods.

You are only obliged to cover any depreciation in the value of merchandise if the depreciation is attributable to your improper handling of the merchandise when examining its condition, properties and function.
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  1. The right of revocation does not apply in the following cases:

- in the case of customized products for the customer such as ground coffee;

- in the case of contracts for the supply of foodstuffs or coffees that have short expiration dates;

- in the case of sealed coffee packages, if the seal has been broken after delivery. 

  1. Sample revocation form

REVOCATION FORM

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

Coffee Roastars GmbH | 60beans
c/o Mindspace
Krausenstr 9, 10117 Berlin

 Email: contact@60beans.com

‍I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following merchandise (*)/:

— ordered on (*)/received on (*)

— name of customer(s)

— address of customer(s)

— date

(*) Delete where applicable

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VIII. WARRANTY

  1. The statutory provisions shall apply. The warranty period for goods delivered by the supplier to business customers is 12 months.
  2. The customer is obliged to inform us immediately if he discovers a defect in the delivered goods. 
  3. With respect to business customers, the statutory provisions shall apply with regard to the commercial obligation to examine the goods and to give notice of defects.
  4. An additional guarantee exists for the goods delivered by us only if this was expressly given in the order confirmation for the respective article.

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  1. LIABILITY
  1. We are liable for damages caused by us, our legal representatives or vicarious agents only for intent or gross negligence. The statutory liability for damages caused intentionally or negligently from injury to life, limb or health, as well as under the Product Liability Act (Produkthaftungsgesetz) and in the absence of a quality for which we have assumed a guarantee and liability for culpable breach of essential contractual obligations remain unaffected. Material contractual obligations are, in the abstract, those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance a contractual partner may regularly rely. Liability for breaches of essential contractual obligations caused by simple negligence shall be limited to compensation for typical foreseeable damage.
  2. The limitation period for claims for damages by the customer against us is one year. The respective statutory limitation periods shall apply to claims under the Product Liability Act (Produkthaftungsgesetz) and in the event of grossly negligent or intentional conduct on our part and in the event of injury to life, limb or health and in the event of the assumption of a guarantee within the meaning of subsection 1 sentence 2.

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  1. DATA PROTECTION

We will process the personal data required within the scope of the business relationship for order entry, processing and settlement exclusively in compliance with the applicable data protection regulations. For this purpose, we will provide the customer with information about the data processing and the customer's rights in this respect in accordance with Article 13 DSGVO. The information is always up to date and can be found at [please add the corresponding link].

 

  1. DISPUTE RESOLUTION
  1. The European Commission provides a platform for the online settlement of consumer disputes, which can be accessed via the following link: http://ec.europa.eu/consumers/odr/
  2. The seller is neither obligated nor willing to participate in dispute resolution proceedings at a consumer arbitration board.

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  1. FINAL PROVISIONS
  1. Contracts between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, however, this choice of law shall not result in the customer being deprived of the protection of the mandatory provisions of the law of the state in which he has his habitual residence.
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.