Kaffepackungen in dem Cafe in der Bergmannstrasse

Terms and Conditions

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NOTE: This is a convenience translation.

The legally binding document (in German) can be found here: https://www.coffeecircle.com/de/e/agb

General Terms and Conditions of Circle Products GmbH

(hereinafter referred to as “Terms”)

1 Validity of the General Terms and Conditions of Business

1.1 The website www.coffeecircle.com (hereinafter referred to as “Shop”) is an offer of Circle Products GmbH, Lindower Straße 18, 13347 Berlin (hereinafter referred to as “Seller”).

1.2 The Seller sells premium coffees in the Shop. With one euro for every kilogram of coffee sold, the Seller supports social projects that are implemented directly in the local communities of the coffee farmers. The Seller invests in social projects which are determined together with the coffee farmers each year on the basis of clear criteria and implemented personally or in cooperation with local partners. The Seller’s customers who purchase the Seller’s products in the Shop (hereinafter referred to as “Buyers”), can choose for themselves which project the one euro per kg shall be invested in for each purchase.

1.3 The Seller’s deliveries, services, and offers shall be carried out exclusively on the basis of these Terms in the version valid at the time of conclusion of the contract, even if the offer is accessed from outside the Federal Republic of Germany. The Seller does not recognise any conflicting or deviating Terms and hereby expressly contradicts them. Conflicting Terms of the Buyer shall only be taken as a basis for the contract if the Seller expressly agrees to them in writing.

1.4 Buyers can be both consumers and entrepreneurs. According to § 13 BGB, a “consumer” within the sense of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be ascribed to either a commercial or independent professional activity. An “entrepreneur“ within the sense of the following provisions is to be understood in accordance with § 14 BGB as any natural or legal person who, upon conclusion of a legal transaction, exercises their commercial or independent professional activity. For entrepreneurs, deviating provisions may apply, provided that this is stipulated in these Terms.

2 Registration and Conclusion of the Contract

2.1 The purchaser can create a customer account for our shop in order to conveniently shop online. To create a customer account, the Buyer enters their email address in the registration mask, sets a password, and clicks on “Register now”.

2.2 The listing of products in the Shop does not constitute an offer by the Seller to conclude a sales contract. All offers of goods presented by the Seller are subject to confirmation and non-binding. The customer can conveniently place the goods presented in the Shop in a virtual shopping cart. After selecting the items in the shopping basket and entering all the necessary order and address data in the next step, clicking on the „Checkout“ button opens an input screen in which the delivery address and payment method can be selected and the shipping method is displayed. In addition, the customer is provided with an overview page summarising the most important item details, including any costs incurred. This allows the customer to check the order for completeness and correctness and to correct it if necessary. By clicking on the button „Order subject to payment“, the customer is forwarded to the selected payment service provider. By completing the payment process, the customer makes a binding offer to purchase the goods stored in the shopping basket.

2.3 If used or „B stock“ is offered in the Shop, it is marked accordingly. These are always generally overhauled and fully functional individual items which may show signs of use. The owed condition of the goods results from the respective product description or the product details shown in the shop.

2.4 After submitting the offer, the customer will receive a confirmation email confirming receipt of the offer. This confirmation does not constitute acceptance of the contract. A purchase contract is concluded either by dispatch of the goods or an express declaration to this effect by the Seller. A subscription contract, according to clause 5, is concluded with the first dispatch of the goods included in the subscription.

2.5 Before sending the order, as described in section 2.2, the contract data as well as the Terms can be printed out or electronically saved using the browser’s print function. After receipt of the order by the Seller, the order data, the information required by law for distance contracts shall be sent to the Buyer again by email.

3 Delivery, Dispatch, Availability, and Transfer of Risk

3.1 Incoming orders are processed promptly so that the goods can be dispatched as quickly as possible within the scope of the availability stated for the respective product. If an item is not in stock with the Seller, the Seller will deliver as quickly as possible within the limits of availability. In the case of certain manufacturers, the Seller regularly has no knowledge of whether products have actually been dispatched. Each delivery is made subject to the Seller itself being supplied in a timely and proper manner.

3.2 If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be approx. 3-5, maximum 7 working days. The delivery time is calculated from the time of our confirmation email according to section 2.5.

3.3 If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay in the order confirmation.

3.4 If the Buyer has purchased several separately usable products in one order, the Seller may also ship them in several separate deliveries, in which case the Seller shall bear the additional shipping costs caused thereby. The Buyer’s statutory rights with regard to timely and proper delivery shall not be limited thereby.

3.5 The following delivery restrictions apply: The Seller only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland, France. The contract language is always German.

3.6 Cases of force majeure, traffic or operational disruptions, strikes, shortages of raw materials and so on shall lead to a reasonable extension of the delivery period. If the causes of the delay last longer than four weeks after conclusion of the contract, either party shall be entitled to withdraw from the contract.

4 Right of Withdrawal

4.1 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a designated third party other than the carrier have taken possession of the last of the goods.

To exercise your right of withdrawal, you must inform us at Circle Products GmbH, Lindower Str. 18, 13347 Berlin, widerruf@coffeecircle.com or via contact form by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the template withdrawal form shown in section 4.3, but this 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.

4.2 Consequences of Withdrawal

If you withdraw from this contract, we must return to you all payments we have received from you without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earliest.

You must return the goods immediately and in any event no later than fourteen days from the day you notify us of the withdrawal from this contract to:

Circle Products GmbH, House 7 / Returns, Lübarser Str. 40-46, 13435 Berlin.

or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking the condition, properties, and functioning of the goods.

4.3 Template: Withdrawal Form

(If you wish to withdraw from the contract, please fill in this form and return it to us.)

To:

Circle Products GmbH
Lindower Str. 18
13347 Berlin
Email: widerruf@coffeecircle.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)

Ordered on (*)/ received on (*)

Name(s) of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for paper communication)

Date

(*) Delete as appropriate

4.4 Exceptions to the right of withdrawal

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated 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, contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly, contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, following from § 312g para.1 no.1, 2, and 3 BGB.

4.5 Processing of the withdrawal and return costs

4.5.1 In order to facilitate the processing of the revocation in accordance with the above point 4, the Buyer is requested, if possible, to provide the following information with the notice of revocation:

a) the name of the customer
b) the date of the order
c) the products they wish to return

4.5.2 The above notices are not a prerequisite for the processing of the Buyer’s revocation.

4.5.3 The Buyer shall bear the direct costs of returning the goods, unless otherwise agreed.

End of the Right of Withdrawal policy

5 Coffee Circle Subscription

5.1 In our Shop, under the category „Subscription“, we offer our customers the option of taking out a coffee subscription, i.e. regular delivery of their favourite varieties, in accordance with the following regulations. Individual subscriptions have a minimum order value of EUR 39 gross per delivery interval. Apart from a discount code or gift voucher when setting up the subscription, other benefits are excluded for our subscriptions.

5.2 To create an individual subscription, the customer can select the desired type of coffee and package size and add it to the shopping cart by clicking on the „Add to subscription“ button. Under the tab „Select delivery interval“, the date of the first shipment and the desired delivery interval of the subsequent shipments can be configured. Section 2.5 applies accordingly to the conclusion of a subscription. The payments due for a subscription delivery are due for payment on the applicable shipping date.

5.3 With the effective conclusion of a subscription, a permanent delivery relationship is concluded at the respective agreed conditions. A subscription can be cancelled at any time without giving reasons and without a period of notice. For this purpose, the customer can click on the button „Cancel subscription“ in the customer area under the category „Cancel subscription“. The products specified in a subscription, as well as the delivery interval, can be freely configured and paused in the customer area at any time with effect for the future. Adjustments to the products and delivery intervals are possible up to the day before (midnight) the agreed next delivery date.

5.4 We sell high-quality coffee products that are traded worldwide. Our premium coffees are subject to natural price fluctuations, which is why our sales prices may change during an ongoing subscription. If price adjustments affect the sales price of a current subscription, subscription customers will be informed of this by email. If customers agree to the price adjustment, this will apply to all future subscription deliveries from the time of agreement. If customers do not agree to the price adjustment within 10 days, we may terminate the subscription by email without giving reasons.

5.5 In exceptional cases, the type of coffee ordered in a subscription may no longer be available, in particular if it is no longer available or has been withdrawn from the range. In this case, the Seller is entitled, after prior notice, to replace the affected coffee variety with a similar or equivalent coffee variety in the same price category.

6 Coffee Circle Membership

6.1 The Seller’s “Coffee Circle Membership Programme” rewards registered guests („Members“) for their membership. Members receive the benefits described below for purchases made at our participating coffee shop locations. Membership is based on the applicable Membership Terms and Conditions.

6.2 The prerequisite for participation is online registration for the Membership Programme. When registering, the required mandatory fields must be filled in truthfully and completely and a valid email address must be provided. By registering, the Member unconditionally accepts the Membership Terms and Conditions of this section 6. If the registration is successful, the Member will receive immediate access to the Membership Programme and a confirmation by email.

6.3 Participation in the Membership Programme is free of charge.

6.4 During the Membership period, the Member receives the applicable benefits by presenting the individual Member QR code. The conditions stated in the respective participating café locations apply, e.g. price reductions on purchases on site. The benefits granted through membership may vary. Participation in the Membership Programme does not constitute a claim to specific benefits.

6.5 As contractual consideration, the Member agrees to receive useful product information from the Seller. Insofar as the member no longer wishes to receive such information, he/she can object to the future sending of such information at any time without giving reasons.

Term and termination

6.6 Membership in the Membership Programme shall run for an indefinite period from successful registration and is subject to termination.

6.7 The Member may terminate their participation in the Membership Programme at any time with immediate effect by contacting us in writing or by email about their wish to do so.

6.8 The Seller is entitled to terminate the Membership Programme without notice and without compensation for good cause. Good cause shall be deemed to exist in particular in the event of a breach by the Member of the Terms, these Terms and Conditions of Participation, any provision of false information, and any inappropriate or criminal conduct.

7 Warranty

7.1 The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB, unless otherwise agreed.

7.2 An additional guarantee exists for the goods delivered by the Seller only if this was expressly given in the order confirmation for the respective item.

7.3 If the goods are defective, lack warranted characteristics, or become defective within the warranty period due to manufacturing or material defects, the Seller shall, at the Buyer’s discretion, deliver a replacement or repair the goods accordingly. The Seller may refuse the chosen form of subsequent performance if this is only feasible at disproportionate cost. If the customer is an entrepreneur, the Seller may choose between remedying the defect or delivering defect-free goods.

7.4 The following shall apply to entrepreneurs: The delivered items shall be carefully inspected immediately after delivery to the Buyer or to the third party designated by the Buyer. With regard to obvious defects or other defects that would have been recognisable in the course of an immediate, careful inspection, they shall be deemed to have been approved by the Buyer if the Seller does not receive a written notice of defect within (five) working days after delivery. With regard to other defects, the delivery items shall be deemed to have been approved by the Buyer if the notice of defect is not received by the Seller within (five) working days after the time at which the defect became apparent; however, if the defect was already apparent at an earlier time during normal use, this earlier time shall be decisive for the commencement of the period for giving notice of defect. At the Seller’s request, a rejected delivery item shall be returned to the Seller carriage paid. In the event of a justified complaint, the Seller shall bear the costs of the most favourable shipping route; this shall not apply insofar as the costs increase because the delivery item is located at a place other than the place of intended use.

7.5 If the Buyer is a consumer, the Seller shall, in the event of a material defect occurring in the delivered goods, first be obliged and entitled to rectify the defect or to make a replacement delivery within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal, or unreasonable delay of the rectification or replacement delivery, the Buyer may withdraw from the contract or reduce the purchase price appropriately.

7.6 If the Buyer declares a material defect or asserts warranty rights against the Seller, he must return the goods to the Seller. The Buyer shall be responsible for ensuring and documenting that the goods are shipped in packaging suitable for transport in such a way that transport damage can be excluded. In the case of high-priced or particularly fragile goods, the Seller may, taking into account the Buyer’s individual interests, demand that particularly suitable packaging be used for the return shipment, which may be provided by the Seller in advance at the Seller’s expense. Transport damage caused by improper packaging shall be compensated by the Buyer. This shall not apply if the Buyer is not responsible for this.

7.7 If, in the course of the investigation of the defect, it turns out that (1) the conditions of the warranty are not met or (2) the defect has been caused by faulty operation or improper handling, the return and packaging costs, as well as the costs incurred in the investigation of the defect, shall be borne by the Buyer. This shall not apply if the Buyer, while exercising due care, could not have recognised that the conditions of the warranty did not exist.

7.8 The limitation period for warranty claims for the delivered new goods is two years from the transfer of risk, one year for used goods, and one year for entrepreneurs. In the case of entrepreneurs, § 212 BGB shall not apply.

8 Limitation of Liability

8.1 The Seller shall be liable to the Buyer in accordance with the statutory provisions, unless and to the extent that anything to the contrary is stipulated below:

8.1.1 The Seller shall be liable without limitation for damages resulting from injury to life, body or health, or from an intentional or grossly negligent breach of duty by the Seller or its vicarious agents, as well as in the event of the assumption of a guarantee – to be expressly designated as such – , in the event of mandatory statutory liability, in particular under the Product Liability Act and in the event of injury to life, body or health.

8.1.2 In all other respects, the liability of the Seller and its vicarious agents shall be excluded unless an obligation is breached, compliance with which is essential for achieving the purpose of the contract and on the fulfilment of which the Buyer may therefore regularly rely („material contractual obligation“). Material contractual obligations are the obligation to deliver and install the goods on time, to keep the goods free from defects of title, and material defects which impair their functionality or usability to a more than insignificant extent, as well as advisory, protective, and custodial obligations which are intended to enable the Buyer to use the delivery item in accordance with the contract, or which are intended to protect the life and limb of the Buyer’s personnel or to protect the Buyer’s property from significant damage. In the event of a breach of an essential contractual obligation, the Seller shall also be liable for slight negligence. In this case, however, liability shall be limited to the foreseeable damage typical for the contract. Otherwise, the Seller shall not be liable for slight negligence.

8.2 The provisions of this Clause 8 extend to damages in addition to performance, damages in lieu of performance, and claims for reimbursement of expenses incurred in vain, irrespective of the legal grounds, including liability for defects, delay, or impossibility. The limitations of Clause 7 shall not apply to the Seller’s liability for wilful misconduct, for guaranteed characteristics, or under the Product Liability Act.

8.3 The limitations of this Clause 8 shall also apply in favour of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.

9 Payment, shipping costs, transfer of risk, and returns

9.1 All prices shown in the Shop are inclusive of the applicable statutory VAT. The shipping costs incurred in each case are indicated in the order form and are to be borne by the customer. Delivery by the Seller shall be free of shipping costs if the respective shopping basket value applicable to the assumption of shipping costs and specified in the order process is reached.

9.2 The customer can pay by PayPal, credit card, SofortÜ, iDEAL(Netherlands) or Voucher

9.3 The Seller reserves the right to exclude individual payment methods vis-à-vis the Buyer. This applies in particular to first-time orders or orders with Buyers whose creditworthiness is not ensured.

9.4 For their part, the Buyer is only entitled to set-off if the counterclaim is undisputed or has been legally established or recognised in writing by the Seller. The Buyer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

9.5 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the deadline. In this case, he shall pay the Seller interest on arrears for the year at a rate of 5 percentage points above the base rate. The customer’s obligation to pay default interest does not preclude the Seller from claiming further damages for default.

9.6 All goods remain the property of the Seller until full payment has been made.

9.7 The goods shall be dispatched by post, with the Seller determining the appropriate mode of dispatch and the carrier at their reasonable discretion, unless expressly agreed otherwise. If the Buyer is a consumer, the risk of accidental loss, damage, or destruction of the delivered products shall pass to the Buyer at the time the products are delivered to the Buyer or the Buyer is in default of acceptance. In all other cases, if the Seller is only responsible for shipment, the risk shall pass to the Buyer upon delivery of the products to the carrier.

9.8 In the event of a revocation, the customer shall pack the products properly, taking into account their fragility, and shall bear the costs incurred in doing so. The provisions of Clause 8 shall apply to warranty cases.

10 Data Protection

All personal data will be treated confidentially in accordance with the provisions on data protection and will only be collected and processed in accordance with the provisions of the Federal Data Protection Act. Further information can be called up and viewed by the Buyer here.

11 Online Dispute Resolution

The official platform of the EU Commission for online dispute resolution (ODR platform) can be found here: http://ec.europa.eu/odr. We are not obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12 Choice of law, place of jurisdiction, severability clause

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the Seller and the Buyer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.2 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, then the Seller’s registered office shall be the agreed place of jurisdiction. The same shall apply if the Buyer has no 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.

12.3 Should one of the provisions in these Terms be or become invalid, this shall not affect the validity of the other provisions. The relevant statutory provisions shall apply in place of the invalid provision.