LEGAL

Terms and Conditions – Kaffemik GmbH (as of August 1st, 2023)

§ 1 Printing and Saving

• (Paragraph 1) To print out or save these GTC, please use the print or save function of your browser or your Microsoft Office template.

§ 2 Scope

• (Paragraph 1) The following general terms and conditions regulate the conditions under which natural and legal persons (hereinafter users) can purchase the products offered by Kaffemik GmbH.
• (Paragraph 2) A deviation from the terms and conditions will not be recognized unless Kaffemik GmbH expressly agrees to this in writing.
• (Paragraph 3) The general terms and conditions also regulate the conditions for using the Kaffemik GmbH online shop.

§3. service description

• (Paragraph 1) The use of the Kaffemik GmbH online shop is free of charge.
• (Paragraph 2) Kaffemik GmbH makes the online shop available to users in order to obtain information about the products offered there or to purchase them.

§4 Product Sale

• (Paragraph 1) The services provided by Kaffemik GmbH to users relate to the sale of Kaffemik GmbH products (coffee), the sale of individual items of equipment from various suppliers, the processing of the order and payment process and the organization of the shipping of the products.
• (Paragraph 2) Product images used to describe the goods are example photos and are primarily used to illustrate the goods. Depending on the screen used, colors and sizes in particular can be displayed differently. The description of the respective product/item is decisive.

§5 Conclusion of contract

• (Paragraph 1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the button "order with costs" a binding order for the goods listed in the shopping cart is submitted. The receipt of the order is confirmed together with the acceptance of the order immediately after it has been sent by an automated e-mail. With this e-mail confirmation, the purchase contract has come about.
• (Para. 2) Kaffemik GmbH does not offer any products for sale by minors. By clicking on the "order with costs" button, it is also confirmed that the legal minimum age for the purchase of the products has been reached.
• (Paragraph 3) The purchase contract is concluded with:

• (Paragraph 4) The conditions for the purchase of offered products are based exclusively on the general terms and conditions in the version valid at the time of ordering.
• (Paragraph 5) Please note that all quantities are only available to a limited extent and the available quantity which is shown in the offers may differ from the actual stock.

§ 6 cancellation policy

• Right of revocation : You can revoke your contractual declaration within 14 days in text form (e.g. letter, e-mail) without giving reasons, or if you are given the item before the deadline - also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 2 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation is to be paid to: A Bunch of Nerds KG, Zollergasse 5, 1070 Vienna; office@kaffemik.at
• Consequences of revocation : In the event of an effective revocation, the services received on both sides are to be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and use (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value in this respect. You only have to pay compensation for the deterioration of the item and for benefits derived from it if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. Dispatchable goods are returned at our expense and risk. Items that cannot be sent by parcel will be picked up. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

End of cancellation policy :

Before returning the goods, please contact us at:

Note: You have no right of cancellation for contracts for goods that are made to customer specifications that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiry date has passed.

§ 7 Community

• (Paragraph 1) Kaffemik GmbH operates its shop network according to the current state of the art. Temporary restrictions on the accessibility of the online portals due to technical faults, maintenance work or force majeure are unavoidable and do not constitute a breach of the performance obligations by Kaffemik GmbH .
• (Paragraph 2) Kaffemik GmbH will, at its own discretion, advertise, technically support and maintain the shop network to an appropriate extent. Kaffemik GmbH endeavors to keep the online shop up to date with the latest technology. Kaffemik GmbH therefore reserves the right to change the form of appearance and the features offered in the online shop, to revise them or to replace them with other features and functionalities.

§8 Prices and shipping costs

• (Paragraph 1) The prices at the time of the order apply. The prices stated on the product pages include the statutory sales tax according to Austrian regulations and other price components. The sales tax rates for customers from Germany are recalculated when the delivery address is filled out. Price changes and errors excepted.
• (Paragraph 2) In addition to the product price, the user must bear the shipping costs. The shipping costs depend on the quantity of the ordered goods, the shipping method and the delivery destination and are clearly communicated in the ordering process before the binding order is placed.

§9 Delivery

• (Paragraph 1) Deliveries are made exclusively within Austria and Germany to the delivery address specified in the order. The delivery period is 7 working days (there is no delivery on Saturdays, Sundays and on regional and national public holidays).
• (Paragraph 2) The user is responsible for accepting the delivery himself. If he cannot be reached at the time of delivery or no alternative delivery is possible, he bears the sole risk that the goods spoil through his fault. A reimbursement of the goods spoiled for this reason is hereby excluded.

§10 Payment

• (Paragraph 1) By clicking the "Order with costs" button, your order becomes binding and must therefore also be paid for. Payment is made by payment slip or direct debit order.

§11 Set-off, retention

• (Paragraph 1) The customer only has the right to offset if his counterclaims have been legally established or are undisputed by Kaffemik GmbH . In addition, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§12 Prices

• (1) All prices include the applicable sales tax.

§13 Retention of title

• (Paragraph 1) The delivered goods remain the property of Kaffemik GmbH until full payment.

§14 Liability for Defects

• (Paragraph 1) If there is a defect in the purchased item, this must be reported to Kaffemik GmbH immediately. If this is not done, claims for compensation are excluded.
• (Paragraph 2) Fraud in this matter will be prosecuted.

§15 Liability

• (Paragraph 1) Kaffemik GmbH takes over the presentation, the order and payment processing as well as the organization of the dispatch of the products from Kaffemik GmbH or their suppliers, which are offered in the online shop.
• (Paragraph 2) Kaffemik GmbH organizes shipping through the Austrian Post AG. Damages that occur during transport are to be attributed to Österreichische Post AG. The users themselves are responsible for complaining about obvious transport damage directly when accepting the parcels at the Austrian Post AG.

§16 Final Provisions

• (Paragraph 1) The contract language is German. Austrian law applies. Should a provision of the contract or the general terms and conditions be or become invalid or should the contract be incomplete, the rest of the contract will not be affected.
• (Paragraph 2) The home law of the German consumer applies if this is more favorable for the consumer.
• (Paragraph 3) The place of jurisdiction is in Vienna | Austria.