General Terms and Conditions of passenger coffee GmbH (Updated 18 April 2020)
The following Terms and Conditions have been translated into the English language. The German original has legal precedence.
1. Scope of application
1.1 The business relationship between passenger coffee GmbH, registered at Elsenstr. 38, 12435 Berlin, Germany (hereafter referred to as the “Seller”), and the customer (hereafter referred to as the “Customer” or “Buyer”) is subject exclusively to the following General Terms and Conditions in the version that was valid at the time of purchase.
1.2 If the Customer has any questions, complaints or objections, they can write to the Seller’s customer service team at email@example.com.
1.3 In relation to these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are not predominantly attributed to their commercial or independent professional activities (§ 13 BGB).
1.4 Deviating terms and conditions of the Customer shall not apply, unless the Seller expressly agrees to their validity.
2. Descriptions of offers and services
2.1 The presentation of the products in the online shop is not a legally binding offer, but rather an invitation to place an order.
2.2 All offers are valid “while stocks last” unless otherwise stated. Furthermore, the Seller accepts no liability arising from mistakes.
3. Ordering process and contract formation
3.1 The Customer can select products from the Seller’s product range without any obligation and collect them in a shopping cart by clicking the [Add to shopping cart] button. It is possible to order the contents of the shopping cart as a subscription; for more information see point 4. The Customer can then click on the [Continue to checkout] button within the shopping cart to complete the ordering process.
3.2 By clicking the [Buy now] button, the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and change the information at any time. Required information is marked with an asterisk (*).
3.3 After the order has been submitted, the Seller will send the Customer a confirmation notice for the items ordered.
3.4 The sales contract is formed when the Seller sends the invoice. The invoice amount is due immediately.
4.1 All types of coffee can also be ordered by subscription. In the shopping cart, the Customer can choose to receive their subscription every week, every two weeks, every three weeks or every four weeks. Everything in the shopping cart will be included in the subscription.
4.2 Subscriptions can only be paid for using a PayPal account due to the recurring nature of the payments.
4.3 In order to take out a subscription it is necessary to open a customer account, so that it is possible to subsequently make changes to the subscription.
4.4 After the initial order has been placed, the Customer will always receive an email regarding the renewal of their subscription after the selected period has expired. The invoice for the next delivery will be sent in a separate email. The delivery is automatic and no interaction is required on the part of the Customer.
4.5 In the customer account, the delivery address can be changed and the subscription can be cancelled.
4.6 All the information about subscriptions can be found here.
5. Prices and shipping costs
5.1 All prices stated on the Seller’s website include the applicable statutory sales tax.
5.2 In addition to the stated prices, the Seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the Buyer on a separate information page as well as during the ordering process.
6. Delivery and availability of goods
6.1 If the Customer has selected advance payment (direct bank transfer), the delivery will be made after the Seller has received the invoice amount.
6.2 If not all the ordered products are in stock, the Seller is entitled to make partial deliveries at their own expense, provided this is reasonable for the Customer.
6.3 If the delivery of the goods fails due to an error made by the Buyer, then the Seller can withdraw from the sales contract.
6.4 If the ordered product is not available, the Seller can withdraw from the sales contract. In this case, the Seller will immediately inform the Customer and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the Customer does not wish to receive a comparable product, the Seller will immediately reimburse any payments already made by the Customer.
7. Terms of payment
7.1 The Customer can choose from the available payment methods during and before completion of the ordering process. Customers are informed about the available payment methods on a separate information page.
7.2 If payment on invoice is available as a payment method, then the payment must be made within 10 days of receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deductions.
7.3 If PayPal is commissioned with the payment processing, their general terms and conditions apply.
7.4 If the due date of the payment is determined according to the calendar, the Customer is in default as soon as they fail to meet the due date. In this case, the Customer must pay the statutory default interest.
7.5 The Customer’s obligation to pay interest on arrears does not exclude the Seller from asserting further damages caused by the delay.
7.6 The Customer is only entitled to offset the interest if their counterclaims have been legally established or acknowledged by the Seller. The Customer may only exercise a right of retention if the claims result from the same contractual relationship.
8. Reservation of ownership
The delivered goods remain the property of the Seller until full payment has been made.
9. Warranty and liability for material defects
9.1 Liability for material defects is determined by the respective legal regulations.
9.2 The goods delivered by the Seller only come with a warranty if this has been expressly stated by the Seller.
10.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, regardless of any other legal qualifying conditions.
10.2 The Seller shall be liable without limitation if the damage is intentional or caused by gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of fundamental obligations, the breach of which endangers the achievement of the purpose of the contract, as well as for the violation of duties that are essential for the proper execution of the contact and upon which the Customer relies. In this case, however, the Seller is only liable for foreseeable damage that is typical for this type of contract. The Seller shall not be liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after the acceptance of a warranty for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 The extent to which the liability of the Seller is excluded or limited also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage of the contract text
11.1 The Customer can print the contract text before submitting their order to the Seller by using the print function of their browser during the last step of the ordering process.
11.2 The Seller will also send an order confirmation to the email address provided by the Customer. Alongside the order confirmation, the Customer also receives a copy of the General Terms and Conditions and the cancellation policy. If the Customer has registered in the Seller’s shop, they can view their orders in the customer area.
12. Data protection
12.1 The Seller processes the Customer’s personal data for specific purposes and in accordance with the statutory provisions.
12.2 The personal data provided for the purpose of ordering goods (such as name, email address, postal address, payment data) are used by the Seller to fulfil and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
12.3 The Customer has the right to request information free of charge about the personal data that the Seller has stored about them. In addition, they have the right to correct any incorrect data as well as block and delete their personal data, as long as there is no statutory obligation for the data to be stored.
13. Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG
The European Commission provides an Online Dispute Resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Place of jurisdiction, applicable law, contractual language
14.1 The place of jurisdiction and place of fulfilment is the Seller’s registered address if the Customer is a merchant, a legal entity under public law or a special fund under public law.
14.2 The contractual language is German.