General terms and conditions of business

Updated on:

February 9, 2023

GENERAL TERMS AND CONDITIONS OF BUSINESS

‍

I. SCOPE

  1. These general terms and conditions apply to all deliveries and services
    ‍ 60beans
    Coffee Roastars GmbH
    New Jungfernstieg 18
    20354 Hamburg

Email: contact@60beans.com

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

(hereinafter “Seller/we”).
Any general terms and conditions of the customer only apply if this has been expressly agreed upon in writing beforehand.

  1. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB. The customer is a consumer to the extent that the purpose of the deliveries and services ordered cannot be predominantly attributed to his commercial or independent professional activity.

‍

II. CONCLUSION OF CONTRACT

  1. The products in the online shop or the listing 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 range and collect them in a so-called shopping cart using the “add to shopping cart” button. Before submitting the order, he can change and view the data entered at any time. Using 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 conditions by clicking the button “I agree to the general terms and conditions and have read the cancellation policy .” and thereby include them in their application.
  3. The customer then receives 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 receipt of the customer's order by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits a declaration of acceptance, which is sent in a separate email (order is processed by the roaster). becomes. If the order confirmation is not received within five working days of receipt of the order, this is considered a rejection. In the order confirmation email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by the seller on a durable medium (email or paper printout) (contract confirmation). The customer can also view the terms and conditions and the cancellation policy at any time at https://www.60beans.com. The contract text is stored in compliance with data protection.
  4. The final contract is in German.

‍

III. DELIVERY, AVAILABILITY OF GOODS

  1. The delivery time is a maximum of 20 working days. The delivery time is calculated from the time of order confirmation, assuming prior payment of the purchase price.
  2. The goods are dispatched via postal delivery/DHL. The seller bears the shipping risk if the customer is a consumer.
  3. The following delivery restrictions apply: The seller only delivers to customers who have their usual residence (billing address) in Germany or who can provide a delivery address in Germany.
  4. In the event that no copies of the Product selected by the Customer are available at the time of the Customer's order, the Seller will immediately inform the Customer of this in the (then modified) order confirmation. If the product is permanently unavailable, the seller will not issue a declaration of acceptance. A contract is not concluded in this case.

‍

IV. PRICES AND SHIPPING COSTS

  1. All price information on the seller's website includes the applicable statutory sales tax.
  2. The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer exercises his or her right of withdrawal. Unless otherwise agreed, the following costs will be charged for packaging and shipping depending on the value of the ordered items: up to a value of goods of 30.00 (including 7% VAT), a shipping fee of €3.90 will be charged, from Shipping is free for goods worth over 30.00 euros.
  3. In the event of cancellation, the customer must bear the direct costs of the return.

‍

V. PAYMENT METHODS

  1. The following payment methods are available to the customer:
    ShopPay, AmazonPay, PayPal, GPay, Visa, Klarna, credit cards (Visa, MasterCard and American Express. The customer can change the saved payment method in his user account at any time.
  2. Payment of the purchase price is due immediately upon conclusion of the contract, unless the seller specifies another payment term.
  3. In the event of late payment, the seller is entitled to charge the applicable statutory default interest 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 default interest does not preclude the seller from claiming further damages due to default.

‍

VI. RETENTION OF TITLE

The goods remain the property of the seller until full payment has been made.

‍

VII. RIGHT OF WITHDRAWAL

  1. When concluding a distance selling transaction, consumers generally have a legal right of withdrawal, about which the seller informs below in accordance with the legal model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).

‍

RIGHT OF WITHDRAWAL

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation 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 last goods. In the case of a contract for several goods that you have ordered as part of a single order or that are delivered separately, the cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier, have or have taken possession of the last goods.

In order to exercise your right of withdrawal, you must contact us

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

Email: contact@60beans.com

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

‍

CONSEQUENCES OF CANCELLATION

  1. If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the low-cost standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
    ‍

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which we provide you with the return label or destination address. The deadline is met if you have handed over the goods to the logistics company (e.g. DHL) before the deadline of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
‍

  1. The right of withdrawal does not apply in the following cases:

- for contracts for the supply of coffee products or combinations that are not pre-prepared and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for contracts for the delivery of food or coffee that can spoil quickly or whose expiry date would quickly be exceeded;

- Contracts for the delivery of sealed coffee packages if the seal has been removed after delivery.

  1. We provide information about the model cancellation form in accordance with the legal regulations as follows:

‍

SAMPLE CANCELLATION FORM

If you want to cancel 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 (*) 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)

_____________________________________________________

Signature of the consumer(s) (only for paper notification)

_____________________________________________________

Date

_____________________________________________________

(*) Delete what is not applicable.

‍

VIII. WARRANTY

  1. Legal regulations apply. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
  2. The customer is obliged to inform us immediately if he discovers a defect in the delivered goods.
  3. The legal regulations apply to entrepreneurs with regard to the commercial obligation to inspect and report complaints.
  4. An additional guarantee only exists for the goods delivered by us if these were expressly provided in the order confirmation for the respective item.

‍

IX. LIABILITY

  1. We are only liable for damage caused by us, our legal representatives or vicarious agents in cases of intent or gross negligence. The legal liability for damage caused intentionally or negligently due to injury to life, body or health as well as under the Product Liability Act and in the absence of a quality for which we have guaranteed and the liability for the culpable violation of essential contractual obligations remain unaffected. Essential contractual obligations are, in the abstract, those obligations whose fulfillment enables the proper execution of the contract and on whose compliance a contractual partner can regularly rely. Liability for breaches of essential contractual obligations caused by simple negligence is limited to compensation for typical, foreseeable damage.
  2. The limitation period for customer claims for damages against us is one year. The respective statutory limitation periods apply to claims under the Product Liability Act as well as in the event of grossly negligent or intentional behavior on our part and in the event of injury to life, body or health as well as the assumption of a guarantee within the meaning of paragraph 1 sentence 2.

‍

X. PRIVACY

We will process the personal data required for order entry, processing and processing as part of the business relationship exclusively in compliance with the applicable data protection regulations. For this purpose, we provide the customer with information about data processing and the customer's existing rights in accordance with Article 13 GDPR. The information is always available up to date at [please add the relevant link].

XI. DISPUTE RESOLUTION

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

‍

XI. FINAL PROVISIONS

  1. The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. However, if the customer is a consumer, this choice of law does not mean that the customer is deprived of the protection of the mandatory provisions of the law of the country 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 seller's registered office.