Terms of service

General Terms and Conditions and Customer Information


I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Coffee Colorato UG (limited liability)) via the website https://coffeecolorato.com/, unless a modification is agreed upon in writing between the parties. Divergent or conflicting terms and conditions are only effective with our express consent.

(2) We offer our products for purchase only if you are a natural or legal person or a legally capable partnership acting in the exercise of your commercial or independent professional activity at the time of concluding the legal transaction (entrepreneur). Contract conclusion with consumers is excluded.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After accessing the "checkout" page and entering personal data as well as payment and shipping conditions, the order details are finally displayed to you as an order summary.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview either on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review and change the information in the order summary (also using the "back" function of the internet browser) or to cancel the order. By submitting the order via the corresponding button, you legally accept the offer, thereby concluding the contract.

(4) You can also submit a binding contract offer (order) by phone, email, fax, or mail.
The acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by phone or at the latest within 5 days by confirmation in text form (e.g., email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you do not receive a corresponding message within this period, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
(5) Upon request, we will create a customized offer for you, which will be sent to you in text form and to which we will be bound for 5 days (unless a different deadline is specified in the respective offer). You accept the offer by confirming it in text form.

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not blocked by spam filters.

§ 3 Prices, Payment Terms and Shipping Costs

(1) The prices listed in the respective offers as well as the shipping costs are net prices. They do not include the statutory value-added tax.

(2) The applicable shipping costs are not included in the purchase price; they will be charged separately unless free shipping is promised. Further details can be found under a correspondingly labeled button on our website or in the respective offer.

(3) If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.

(4) Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state, but the payment is initiated outside the European Union.

(5) You have the payment options indicated under a correspondingly labeled button on our website or in the respective offer. Unless a different payment term is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if explicitly stated in the respective offer or on the invoice.

(6) SEPA Direct Debit (Core and/or Business-to-Business Direct Debit)
Bei Zahlung per SEPA-Basislastschrift oder per SEPA-Firmenlastschrift ermächtigen Sie uns durch Erteilung eines entsprechenden SEPA-Mandats, den Rechnungsbetrag vom angegebenen Konto einzuziehen. Der Einzug der Lastschrift erfolgt innerhalb von 5 - 15 Tagen nach Vertragsschluss. Die Frist für die Übermittlung der Vorabankündigung (Pre-Notification) wird auf 5 Tage vor dem Fälligkeitsdatum verkürzt. Sie sind verpflichtet für die ausreichende Deckung des Kontos zum Fälligkeitsdatum zu sorgen. Im Falle einer Rücklastschrift aufgrund Ihres Verschuldens haben Sie die anfallende Bankgebühr zu tragen.
We reserve the right to exclude the payment methods SEPA Core Direct Debit and/or SEPA Business Direct Debit on a case-by-case basis.

§ 4 Delivery Conditions

(1) The expected delivery time is specified in the respective offer. Delivery dates and delivery times are only binding if they have been confirmed by us in writing. For the payment method advance payment by bank transfer, the shipment of the goods will only take place after receipt of the full purchase price and shipping costs by us.

(2) If a product you ordered is unexpectedly unavailable despite timely completion of an adequate hedging transaction for reasons beyond our control, you will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded without delay.

(3) Shipping is at your own risk. If you wish, the shipment will be made with appropriate transport insurance, with the costs incurred thereby to be borne by you.

(4) Partial deliveries are permitted and may be invoiced by us independently, provided that you are not charged additional shipping costs as a result.

§ 5 Warranty

(1) The warranty period is one year from the delivery of the item. The shortening of the period does not apply:

- for damages culpably caused by us attributable to injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in the case of items that have been used for a building according to their usual manner of use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

(2) Only our own specifications and the manufacturer's product description shall be considered as the agreed condition of the item; other advertising, public endorsements, and statements by the manufacturer shall not be considered.

(3) In the event of defects, we shall, at our discretion, provide warranty by way of repair or replacement delivery. If the defect remediation fails, you may demand a reduction or withdraw from the contract at your discretion. The defect remediation is considered to have failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the item or defect or other circumstances. In the case of repair, we are not obliged to bear the increased costs arising from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

§ 6 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.

(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value, and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

(4) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We commit to releasing the securities due to you upon your request, insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance and jurisdiction is our registered office, provided you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.



II. Customer Information

1. Identity of the seller

Coffee Colorato UG (limited liability)
Poststr. 19
48599 Gronau
Germany
Phone: 017645654910
E-Mail: info@wonder-pops.com


2. Information on the Conclusion of the Contract

Die technischen Schritte zum Vertragsschluss und der Vertragsschluss selbst, sowie die Korrekturmöglichkeiten erfolgen nach Maßgabe des § 2 unserer Allgemeinen Geschäftsbedingungen (Teil I).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order or inquiry, the contract data can be printed out or saved electronically using the browser's print function.

Diese AGB wurden von den auf IT-Recht spezialisierten Juristen des Händlerbundes erstellt und werden permanent auf Rechtskonformität geprüft. Die Händlerbund Management AG garantiert für die Rechtssicherheit der Texte und haftet im Falle von Abmahnungen. Nähere Informationen dazu finden Sie unter: http://www.haendlerbund.de/agb-service.

last updated: 27.10.2020