General Terms and Conditions Vits Kaffee GmbH & Co. KG
Mail order
- Scope
- Registration, Conclusion of Contract & Withdrawal
- Delivery & goods availability
- Prices
- Shipping and delivery times/transfer of risk
- Shipping costs
- Payment
- Retention of title
- Privacy & Security
- Warranty
- Liability
- Right of return & revocation
- Choice of Law, Place of Jurisdiction & Severability Clause
1. Scope
1.1 The website www.vits.coffee is an offer of Vits Kaffee GmbH & Co. KG, Rumfordstr. 49, 80469 Munich.
1.2 For all contracts between Vits Kaffee GmbH & Co KG (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply in the version valid at the time of the order, even if the offer is accessed from outside the Federal Republic of Germany.
By placing an order, the customer accepts the terms and conditions of the seller.
The Seller does not recognize any conflicting or deviating GTC and hereby expressly contradicts them. Conflicting terms and conditions of the customer shall only form the basis of the contract if the seller expressly agrees to them in writing.
The Seller reserves the right to change the GTC at any time and without giving reasons.
1.3 The Seller’s product offer is aimed equally at consumers and entrepreneurs.
According to § 13 BGB, a “customer” in the sense of the following provisions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent activity.
According to § 14 of the German Civil Code (BGB), an “entrepreneur” in the sense of the following provisions shall be understood to be any natural or legal person who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. registration, conclusion of contract & withdrawal
2.1 The purchase agreement shall be formed by two concurrent declarations of intent. In this regard, the Seller refers to the applicable law and to the respective current jurisdiction.
2.2 The customer has the possibility to create a customer account on www.vits.coffee. However, such a customer account is not a prerequisite for the customer to be able to place orders. To create a customer account, the customer enters their e-mail address in the registration mask, sets a password, and clicks “Register.”
2.3 The placement of the goods on www.vits.coffee does not constitute an offer by the seller to conclude a purchase contract. All offers of goods the seller presents are subject to change and non-binding.
2.4 The seller reserves possible errors, printing, spelling and calculation errors, and technical or color changes despite the best possible care. They entitle the customer to withdraw from the contract.
2.5 Likewise, the seller assumes no liability for the accuracy of the manufacturer’s specifications.
2.6 The Customer’s offer to conclude a purchase contract shall be deemed to have been made when the Customer sends the order. By ordering the goods, the customer bindingly declares that he wishes to purchase the ordered goods.
The Customer places an order as follows: The Customer may select products, in particular coffee products, from the Seller’s assortment and collect them in a so-called cart by clicking the button “add to cart.” Here the customer can change the order and the information provided and, if necessary, correct input errors. By clicking the button “order with obligation to pay,” the customer places a binding order. However, the order can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by ticking “Accept GTC” and including them in their order.
2.7 The contract is concluded by sending a confirmation of receipt of the order by e-mail.
2.8 The contract shall be concluded in German.
3. delivery & goods availability
3.1 Within the scope of the respective product’s availability, the Seller will ship the goods as soon as possible. If an item is temporarily unavailable, the seller will notify the customer immediately and deliver it as soon as possible within the availability limits. Each delivery is made under the reservation that the seller himself is supplied on time and adequately.
3.2 Since the goods are partly natural, exclusive, and limited in availability, the Seller reserves the right to limit the delivery quantities in case of bulk orders, to deliver in several tranches, or to distribute the goods in excess demand.
3.3 If a contract has been concluded but ordered items are not available from the Seller’s supplier in the foreseeable future despite timely covering transaction, the Seller reserves the right to withdraw from the contract in this respect. If the seller recognizes this, he will immediately inform the customer and refund any payments already made.
4. prices
All prices are shown in Euro (EUR or €). All prices stated in the online store are gross prices and include the statutory value-added tax. The seller reserves the right (due to the substantial price fluctuations in the commodity market) to make any price changes.
Shipping costs are not included.
5. shipping and delivery times/transfer of risk
5.1 In the event of a revocation, the customer shall bear the direct costs of the return shipment.
5.2 The Seller shall bear the shipping risk if the Customer is a consumer.
5.3 Delivery times stated by the Seller are calculated from the date of order confirmation, provided prior payment of the purchase price (except for purchase on account). If no or no deviating delivery time is indicated in the online store, it is five working days.
Delivery dates or deadlines that are bindingly agreed upon must be in writing.
5.4 Cases of force majeure, traffic or operational disruptions, strikes, shortages of raw materials, and the like shall result in a reasonable extension of the delivery period. If the causes of the delay last longer than four weeks after the conclusion of the contract, either party is entitled to withdraw from the contract.
5.5 If not all ordered items are in stock, the Seller shall be entitled to make partial deliveries at its own expense, provided that this is reasonable for the Customer.
5.6 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass in the case of sale by delivery to a place other than the place of performance upon delivery of the goods to the consumer or to a recipient designated by the consumer. This applies regardless of whether the shipment is insured or not.
If the customer is in default of acceptance, all risks of accidental loss of the goods or accidental deterioration of the purchased goods shall pass to the customer at that time.
5.7 If the Customer is an entrepreneur, the Seller shall only be liable for the timely, proper delivery of the goods to the transport company and shall not be responsible for the risk of accidental loss, accidental deterioration or delays caused by the transport company. Therefore, a shipping time stated by the seller is non-binding vis-à-vis entrepreneurs.
5.8 Orders for delivery abroad are, in principle, possible under the conditions of these GTC, but delivery times and shipping itself must be agreed upon individually and in writing.
6. shipping costs
Delivery will be made by mail or parcel service, within Munich, possibly by the seller.
The shipping costs for shipments within Germany are indicated to the customer in the order form in the online shop and are to be borne by the customer unless the customer exercises his right of withdrawal.
Unless otherwise agreed, the following costs will be charged for packaging and shipping, depending on the weight of the ordered goods.
up to 500g: EUR 3,70
up to 2,5kg: EUR 5,50
up to 5kg: EUR 7,00
All shipping costs are incl. statutory value added tax.
A minimum purchase is not required.
From 5kg weight of goods, we deliver within Germany free of shipping and packaging costs.
The additional costs incurred in the case of cash on delivery shall in any case be borne by the recipient.
For deliveries abroad, the costs are calculated individually. They are shown separately in the course of the ordering process.
7. payment
7.1 The following payment methods are available in our store:
Invoice (available only for orders within Germany)
You pay the invoice upon receipt of the goods at the conditions stated on the invoice.
The invoice amount is due immediately upon delivery of the goods and receipt of the invoice unless otherwise noted. It is to be paid to the following bank account:
Vits Kaffee GmbH & Co.KG,
Münchner Bank e.G.
IBAN: DE61 7019 0000 097217
BIC: GENODEF1M01
If payment is not made within ten days of the due date, the customer shall be in default without the need for a separate reminder.
Credit card via service provider “Stripe.”
If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract.
ApplePay or Google Pay via service provider “Stripe”
If the payment method ApplyPay or Google Pay is selected, the invoice amount is due immediately upon conclusion of the contract and will be debited from the credit card deposited and selected at ApplePay.
SOFORT bank transfer via service provider “Stripe”
We also offer SOFORT – a payment offered by Klarna. In this case, we receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN, and TAN. Via the secured payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT Überweisung automatically places a transfer in your online bank account in real time. Basically, every Internet user can use SOFORT Überweisung as a payment method if he has an activated online banking account with PIN/TAN procedure. Please note that SOFORT Überweisung is not yet available at a few banks. For more information on whether your bank supports this service, click here: https://www.sofort.com/sofort-klarna-payments-consumers-faq/
Giropay by means of service provider “Stripe”
Payment with Giropay is made directly from your bank account. All security-relevant data is only provided in the protected dialog of online banking with the bank.
7.2 The Seller reserves the right to exclude individual payment methods vis-à-vis the Customer. This applies in particular to first-time orders or orders with customers whose creditworthiness is not ensured. The customer will be informed about the payment methods available in the individual case during the ordering process.
7.3 The Seller shall be entitled to set off payments of the Customer first against existing claims against the Customer.
7.4 For its part, the Customer shall only be entitled to set-off if the counterclaim is undisputed or has been legally established or acknowledged in writing by the Seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7.5 If the customer defaults on payment, interest shall be charged on the purchase price during the period of default at a rate of 5 percentage points above the base interest rate applicable at the time. The seller reserves the right to prove and claim a higher damage caused by delay.
7.6 Bank charges for return debits in the event of incorrect information, objection or inability to pay shall be borne by the customer.
8. retention of title
Until full payment of the invoice amount by the customer, the ordered goods remain the property of the seller.
9. privacy & security
9.1 The Seller collects data of the Customer in the course of the execution of contracts. In particular, it shall observe the provisions of the German Federal Data Protection Act and the German Telemedia Act. Without the customer’s consent, the seller will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
9.2 Without the Customer’s consent, the Seller shall not use the Customer’s data for purposes of advertising, market or opinion research.
9.3 The customer has the possibility at any time to retrieve the data stored by him under the button “ACCOUNT” in his profile, to change or delete it. In all other respects, reference is made with regard to the Customer’s consent and further information on data collection, processing, and use to the Privacy Policy, which is available in printable form on the Seller’s website at any time via the link “Privacy Policy.”
9.4 For the purpose of checking creditworthiness, the Seller may obtain information from credit agencies in accordance with the provisions of data protection law and pass on to them personal data relating to the supply contract relationship. If this gives rise to doubts about the creditworthiness of the customer, the seller is entitled to refuse to conclude a contract or to refuse the method of payment on account.
10. warranty
10.1 The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods the Seller delivers to entrepreneurs is 12 months.
10.2 An additional warranty shall exist for the goods delivered by the Seller only if this has been expressly agreed in the order confirmation for the respective item.
10.3 If the customer is an entrepreneur, the customer shall be subject to the immediate obligation to inspect and give notice of defects according to § 377 of the German Commercial Code (HGB).
11. liability
11.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, their legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
11.2 In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence unless the Customer’s claims for damages are based on injury to life, body, or health.
11.3 The restrictions of (11.1) and (11.2) shall also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.
11.4 The limitations of liability resulting from (11.1) and (11.2) shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the item’s quality. The same shall apply insofar as the Seller and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
12. right of return & revocation
Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, which the seller informs about in the following per the statutory model.
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Vits Coffee GmbH & Co KG
Rumfordstrasse 49
80469 Munich
by means of an explicit declaration (e.g., a letter sent by mail, fax, or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The right of withdrawal does not apply, among other things, to contracts for the delivery of goods that are sealed for reasons of health protection or hygiene and are not suitable for return if the seal has been removed after delivery. This includes, in particular, bean coffee and all other food products. The right of withdrawal also does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive. This includes, among other things, any form of ground coffee.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest 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.
We may refuse to refund you until we have received the goods or provided proof that you have properly returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and, in any case, no later than fourteen days from the day you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
The seller generally refuses to accept freight collection returns.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods, which is not necessary for the inspection of the condition, properties, and functioning.
In the case of a return, the intended goods must be returned as completely as possible, preferably in the original packaging and resalable condition. Compensation claims also affect you in the event of loss of the goods, provided this does not occur by way of return. In any case, all evidence of a proper return must be retained.
About the model withdrawal form, the seller informs according to the legal regulation as follows:
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
To
Vits Coffee GmbH & Co KG
Rumfordstr. 49
80469 Munich
Mail: [email protected]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)/order number (*)
Name of the customer(s)
Address of the customer(s)
Signature of the customer(s) (only in case of notification on paper)
Date
(*) Delete as applicable
13 Choice of Law, Place of Jurisdiction & Severability Clause
13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the Seller and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
13.2 If the Buyer is a merchant within the meaning of commercial law, a legal entity under public law, or a special fund under public law, the Seller’s registered office shall be the agreed place of jurisdiction. The same shall apply if the Buyer does not have a general place of jurisdiction or residence in Germany or if the usual place of residence is not known at the time the action is brought.
13.3 For registered customers, the following shall apply: the Seller reserves the right to amend these General Terms and Conditions for the future, provided that this appears necessary and the interests of the Buyer are not unreasonably affected thereby. The necessity of amendments may arise in particular from the adaptation to changes in legislation and case law and from a further development of the Seller’s services. Such changes to these General Terms and Conditions will be communicated to the Buyer by email in an appropriate manner, highlighting the changes, four weeks before the changes are scheduled to take effect. At the same time, the Seller shall grant the Buyer a reasonable period of at least four weeks to declare whether it accepts the amended General Terms and Conditions.
If the Buyer does not object to the amended General Terms and Conditions within this period, calculated from the receipt of the e-mail with the announcement, the amended or supplementary General Terms and Conditions shall become effective vis-à-vis him. The Seller shall make special reference to this legal consequence, i.e. to the possibility of objection, the deadline and the legal consequences, in particular with regard to a failure to object, in the notification of the changes at the beginning of the deadline. This amendment mechanism does not apply to amendments to the main contractual obligations of the parties.
13.4 Should one of the provisions in these Terms and Conditions be or become void, this shall not affect the validity of the other provisions. The relevant statutory provisions shall apply in place of the invalid provision.
State: October 2021