NOTE: This is a convenience translation. The legally binding document (in German) can be found here.
General Terms and Conditions of Circle Products GmbH
1 Validity of the General Terms and Conditions of Business
1.1 The website www.coffeecircle.com is an offer of Circle Products GmbH, Lindower Straße 18, 13347 Berlin (hereinafter referred to as „Seller“).
1.2 The Seller sells premium coffees from Ethiopia, Colombia and other countries through www.coffeecircle.com. With one euro for every kilogram of coffee sold, the Seller supports social projects that are implemented directly in the local communities of Ethiopian 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 at www.coffeecircle.com (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 General Terms and Conditions 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 General Terms and Conditions and hereby expressly contradicts them. Conflicting General Terms and Conditions 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.
1.5 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.
2 Registration and Conclusion of the Contract
2.1 The Buyer has the option to create a customer account at www.coffeecircle.com. However, such a customer account is not a prerequisite for the Buyer to be able to place orders. To create a customer account, the Buyer enters their email address into the registration form, sets a password and clicks on „Login“.
2.2 The listing of products on www.coffeecircle.com 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.
2.3 The Seller accepts no liability for possible errors, misprints, technical or colour changes which may occur despite the greatest possible care.
2.4 Likewise, the Seller assumes no liability for the accuracy of the manufacturer’s information.
2.5 The offer of the Buyer to conclude a purchase contract is understood as the sending of the order by the Buyer. By ordering the goods, the Buyer makes a binding declaration that they wish to purchase the ordered goods. The Buyer places an order as follows: after placing the desired goods in the shopping cart and entering the data required to process the order on the next page, and then selecting the payment method on the subsequent page, the final page of the ordering process provides an overview of the order. Here the Buyer has the opportunity to change the order and the information provided and to correct any input errors. By clicking on the „Buy Now“ button, the Buyer submits their order bindingly.
2.6 The contract shall come into effect with the sending of a confirmation of receipt of the order via email.
2.7 As some of the goods are natural, exclusive and limited in availability, the Seller reserves the right to limit the delivery quantities for bulk orders if necessary or to deliver them in multiple instalments or to distribute the goods in the event of excess demand.
2.8 If a contract has been concluded but ordered items will not be available from the Seller’s supplier in the foreseeable future despite a timely covering transaction, the Seller reserves the right to withdraw insofar from the contract. If the Seller recognises this, he will inform the Buyer immediately and reimburse any payments already made.
3 Delivery, Dispatch and Transfer of Risk
3.1 Within the framework of availability indicated for the respective product, the goods will be dispatched by the Seller as quickly as possible. If an item is not in stock, it will be delivered as soon as possible, subject to availability. This applies in particular to products of the Chemex brand (USA). In this case, the Seller regularly has no knowledge of whether products have actually been shipped. Each delivery is subject to the proviso that the Seller is also supplied on time and properly.
3.2 Delivery dates or deadlines that are agreed upon as binding must be in writing.
3.3 Cases of force majeure, traffic or operational disruptions, strikes, lack of raw materials and the like shall lead to an appropriate extension of the delivery period. Should the causes of the delay last longer than four weeks after conclusion of the contract, each party shall be entitled to withdraw from the contract.
3.4 If not all ordered items are in stock, the Seller shall be entitled to make partial deliveries at their own expense, insofar as this is reasonable for the Buyer.
3.5 If the Buyer is in default of acceptance, all risks of accidental loss of the goods or accidental deterioration of the purchased item shall pass to the Buyer at this time.
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.
Circle Products GmbH
Lindower Str. 18
Fax: +49 30 3982 1384
Telefon: +49 030 3982 1383
In order to comply with the withdrawal period, it is sufficient that you send the communication concerning 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 will refund all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery than the cheapest standard delivery offered by us), promptly and no later than fourteen days from the date we receive notice of your withdrawal from this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged for this refund. We have the right to withhold reimbursement until we have received the goods back or until we have received proof from you that you have sent back the goods, whichever is the earliest.
You are obliged to return or hand over the goods without undue delay and in any event not later than fourteen days from the day on which you communicate to us your withdrawal from this contract, to:
Circle Products GmbH
Lindower Str. 18
This deadline is deemed to have been met if the goods are dispatched before the expiry of the fourteen day period.
You are only liable for any loss in the value of the goods if such loss in value is due to handling of the goods which is not necessary to examine their nature, properties and function.
4.3 Example Withdrawal Form
(If you wish to withdraw from the contract, please fill in this form and return it to us.)
Circle Products GmbH
Lindower Str. 18
Fax: +49 30 3982 1384
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)
(*) 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 supply of goods which are not prefabricated and the manufacture of which is subject to individual selection or designation by the consumer or which are clearly tailored to the personal needs of the consumer
- contracts for the delivery of goods that may spoil quickly or for which the expiration date would quickly be exceeded
- contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery
4.5 Processing of the withdrawal and return costs
4.5.1 In order to facilitate the processing of the withdrawal in accordance with the above Section 4, the Buyer is requested to provide the following information, to the extent possible, with the declaration of withdrawal:
a) the name of the customer
b) the order date
c) the products that they wish to return
4.5.2 The above information is not a prerequisite for the processing of the buyer’s withdrawal.
4.5.3 We bear the shipping costs for returns from Germany and Austria provided that the return label supplied by Coffee Circle has been used. If the return label supplied by Coffee Circle has not been used, the customer shall bear the direct costs of returning the goods. In the event of a return from a country other than Germany or Austria, the customer shall bear the direct costs of returning the goods.
End of Instruction on Right of Withdrawal
5.1 If the delivery item is defective or lacks any warranted characteristics or if it becomes defective within the warranty period due to manufacturing or material defects, the seller shall, at the buyer’s discretion, either replace the item or repair it accordingly. The seller can refuse the chosen form of subsequent remedy if this can only be carried out with excessive costs.
5.2 All complaints must be made in writing (email, fax or letter) and are to be communicated to the seller as soon as possible after the defect has occurred.
5.3 If an entrepreneur is a merchant, they may only assert warranty claims if they have fulfilled their duties of investigation and notification of defects in accordance with § 377 HGB (German Commercial Code).
5.4The limitation period for warranty claims for the delivered goods is two years from receipt of the goods, or one year in the case of entrepreneurs. For entrepreneurs, § 212 BGB does not apply.
6 Limitation of Liability
6.1 The Seller’s liability shall be conclusively determined as follows:
6.1.1 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 ) and in the event of mandatory statutory liability, in particular under the Product Liability Act, the Seller shall be liable without limitation.
6.1.2 In all other respects, the liability of the Seller and its vicarious agents is excluded, unless an obligation is breached which is essential for achieving the purpose of the contract and on the fulfilment of which the Buyer may therefore regularly rely („essential contractual obligation“). 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 of the contract. Otherwise, the Seller shall not be liable for slight negligence.
6.2 The provisions of this Clause 6 extend to damages in addition to performance, damages in lieu of performance and claims for compensation due to futile expenditure, regardless of the legal basis, including liability for defects, delay or impossibility.
6.3 The limitations of this Clause 7 shall also apply in favour of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.
7.1 The Seller reserves the right to exclude individual methods of payment from the Buyer. This applies in particular to initial orders or to orders with buyers whose creditworthiness is not guaranteed. In the course of the ordering process, the buyer will be informed about the payment methods available in the individual case.
7.2 The seller is entitled to offset payments made by the buyer against any existing receivables due from the buyer.
7.3 For their part, the Buyer shall only be entitled to offset if the counterclaim is undisputed, has been legally established or acknowledged in writing by the Seller. The Buyer can only exercise a right of retention if the claims result from the same contractual relationship.
7.4 If the Buyer is in default of payment, interest shall be charged on the purchase price during the default period at a rate of 5% above the applicable base interest rate. The Seller reserves the right to prove and assert a higher damage caused by default.
8 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 buyerhere.
9 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
10 Choice of law, place of jurisdiction, severability clause
10.1 All legal relationships between the Seller and the Buyer shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 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 registered office of the Seller shall be the agreed place of jurisdiction. The same applies if the Buyer does not have a general place of jurisdiction or domicile in Germany or if the usual place of residence is not known at the time the action is filed.
10.3 Registered Buyers are subject to the following: The Seller reserves the right to amend these Terms and Conditions in the future if it appears necessary to do so and the interests of the Buyer are not unreasonably affected thereby. The necessity of changes may result in particular from the adaptation to changes in legislation and jurisdiction and from a further development of the seller’s services.
SSuch changes to these General Terms and Conditions shall be made known to the Buyer by email in an appropriate manner and highlighting the changes four weeks prior to the planned effective date of the changes.
At the same time, the Seller shall grant the Buyer a reasonable period of at least four weeks to declare whether they accept the amended General Terms and Conditions. If the Buyer does not raise objections to the amended General Terms and Conditions within this period, calculated from receipt of the email with the announcement, the amended or supplementary General Terms and Conditions shall become legally effective for the Buyer.
10.4 Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the relevant statutory provisions.
Updated: January 2016