Terms of service
- Applicability (Jurisdiction)
- Offers and Service Description
- Ordering Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Terms
- Reservation of Proprietary Rights
- Warranty and Guarantee
- Liability
- Retention of Contractual Texts
- Place of Jurisdiction, Applicable Laws, and Contractual Language
- Applicability
1.1. The following terms and conditions, valid at the time of order being placed, apply exclusively for the business relationship between HERMETIC COFFEE ROASTERS, Mika Neu (CEO), Oeverseestr. 10-12, 22769 Hamburg, Germany (hereafter referred to as “seller”) and clients (hereafter “client”).
1.2. Please contact our customer service on weekdays from 9:00 a.m. until 6:00 p.m. for any questions, complaints, or returns under the telephone number 00 49 (0)40 339 882 98 as well as by email under info @ hermeticcoffee .com.
1.3. According to these terms and conditions, a consumer is any natural person that concludes a legal transaction for a purpose which cannot be attributed to their commercial or independent profession (§ 13 BGB).
1.4. Deviating conditions from clients will not be accepted unless the seller directly expresses agreement to such conditions.
- Offers and Service Description
2.1. The representation of our products in our online shop shall not constitute a legally binding offer, but rather an invitation to place an order. The service descriptions given in catalogues or on the website of the seller do not represent any guarantee or warranty.
- Ordering Process and Completion of Contract
3.1. The client can select from the range of the available products using the function button (add to cart) and gather them in a so called shopping cart without liability. The product selection can be changed (e.g. removed) from within the shopping cart. The client is able to complete the transaction within the shopping cart by subsequently proceeding to use the function button (buy it now).
3.2. Use of the function button (liable to pay order/confirm order), provides the client with a binding offer to purchase the wares located within the shopping cart. Before confirming the order, the client has the opportunity to change the data, go back to view the shopping cart, with the help of the browser function “return”, or to cancel the order in full at any time. Noteworthy details are denoted with an asterisk (*).
3.3. Thereupon, the seller will automatically send a confirmation receipt via email, in which the client’s order is listed once again. The client can print out a copy using the function “print” (order confirmation). The automatic receipt confirmation only documents that the client’s order has been received by the seller and does not constitute an acceptance of the request. The purchase contract is confirmed when the seller sends the ordered products to the client within two days, delivers or has shipped to the client, along with a second email containing a more explicit order confirmation, or has mailed a confirmation invoice within two days.
3.4. Should the seller allow a form of prepayment, the contract will be confirmed with the provision of bank information and a payment request. When the payment is not fulfilled within a timeline of ten calendar days after the dispatch of the order confirmation from the seller has arrived, even after another request by the seller, the seller is able to back out of the contract with the effect that the order becomes void and the seller is no longer obligated to deliver. In such a case, the order is for the buyer and seller without further effect, settled. A reservation of the articles by prepayment therefore is only possible for the longest period of ten calendar days.
- Prices and Shipping Costs
4.1. All the prices, that are listed on the website by the seller, are constructed including the respective valid value of added tax costs.
4.2. Additional to the listed prices are those calculated by the seller for the shipping costs. The shipping costs will be available for the buyer on a separate information page and will be clearly explained within the frame of the ordering process.
- Delivery, Product Availability
5.1. So long as advanced payment is possible, the delivery takes place following the receival of the invoice amount.
5.2. Should the delivery of the wares fail, though the fault of the buyer, despite three attempts to deliver, the seller may withdraw from the contract. If necessary, payments made will be immediately reimbursed to the client.
5.3. When the ordered product is not available because the seller has not received the product from their suppliers through no fault of their own, the seller is able to cancel the contract. In this case, the seller will immediately inform the client and if necessary, suggest a comparable product to deliver in place of the original. When a comparable product is not available or the client does not wish to have the comparable product, the seller will then, where appropriate, promptly reimburse the client.
5.4. Clients will be informed about the delivery period and delivery limitations (e.g. limitations of shipment to specific countries), through a separate information page or within the respective product description.
- Payment Terms
6.1. The client can choose between the available methods of payment during the course of and before the conclusion of the ordering process. Clients can be informed over the available means of payment though a separate information page.
6.2. In the case that making a payment is possible after receiving an invoice, it should be completed within the following 30 days after receiving the product along with the invoice. By all other payment options, the payment should be made ahead and without deductions.
6.3. When third party payment services are commissioned (e.g. Paypal) their general terms and conditions will apply.
6.4. When is is determined that the customer has missed the payment due date, as determined by a specific calendar date, this is considered to be a default of payment. In such a case, the client has to pay the legal interest for the delay of the payment.
6.5. The obligation of the client to pay the default interest, does not close the enforcement of further delay damages through the seller.
6.6. The customer shall only have the right to set off counterclaims provided that they are ascertained legally or undisputed by the seller. The client can only exercise the right of retention as long as the claims result from the identical contractual relationship.
- Reservation of Proprietary Rights
7.1. Until a full payment has been made, the products remain the property of the sellers.
- Warranty and Guarantee
8.1. The warranty is defined by the associated legal regulations.
8.2. A guarantee regarding delivered products exists only when such a guarantee is expressly provided by the sellers. Clients will be informed about warranty conditions during the ordering process.
- Liability
9.1. A liability on behalf of the vendors regarding damages applies irrespective of the other legal qualifying conditions following certain exclusions of liability and other limitations.
9.2. The seller is liable without limitation so far as the cause of damage is based upon intent or gross negligence.
9.3. Furthermore, the vendor bears liability for the slight negligent damage of significant obligations where such a breach jeopardises the achievement of the purpose of the contract, and in cases of a breach of obligations, where the fulfillment of these obligations is necessary in order for the contract to be duly performed and where compliance with such obligations is steadily relied upon by the client. In this case, the vendor bears liability only for the foreseeable, contractually typical damages. The seller does not bear liability for the slight negligent damages other than those specifically named in the preceding sentences.
9.4. The preceding limitations of liability do not apply to injury of life, body and health, for a defect after assumption of a guarantee for the quality of a product in the event of maliciously concealed defects. The liability remains unaffected after the product liability law.
9.5. So long as the liability of the vendors is not excluded or restricted, it is also valid for the personal liability of employees, representatives, and auxiliary persons.
- Retention of Contractual Texts
10.1. The client can print out the contractual text of the description of the order from the seller within the last steps of the order the process by using the print function from the browser.
10.2. Apart from that, the seller sends the client an order confirmation containing all such order data via the email address provided by the client. The email also contains a copy of the terms and conditions, the cancellation policy, as well as the notices regarding shipping costs, such as delivery and terms of payment, along with the order confirmation. Provided that the client has registered in our shop, it is possible to see previously placed orders in the profile settings. Furthermore, the seller will save the contract text, but it will not be made available over the internet.
- Place of Jurisdiction, Applicable Laws, and Contractual Language
11.1. Place of jurisdiction and place of performance is the place where the seller has its principal place of business when the customer is a merchant, a legal entity under public law or public law special funds.
11.2. The contractual language is German.
11.3. The platform of the European Commission to Online Dispute Resolution (OS) for consumers: http:/ec.europa.eu/consumers/odr/. We as the sellers are not prepared or obligated to participate in dispute settlement proceedings before a consumer arbitration board.