Terms and Conditions

Terms and Conditions (GTC)

Deliveries are made exclusively on the basis of these General Terms and Conditions (GTC). These are recognized when the order is placed, but at the latest when the customer takes note of the order confirmation. Deviating terms and conditions of the contractual partner are not binding for us unless they are expressly recognized by us in writing.

1. Preamble

Kaffemik GmbH (hereinafter referred to as Kaffemik), Zollergasse, 1070 Vienna, sells coffee and accessories for coffee preparation in its online shop on the website www.kaffemik.com.

2. Scope

2.1. These GTC apply to all legal transactions between Kaffemik and the users of the website. By using the internet service, in particular by clicking on the consent button, the user accepts these GTC.

2.2. Conflicting terms and conditions only apply if Coffee mix subject to this expressly and in writing.

2.3. Coffee mix reserves the right to change these terms and conditions at any time without giving reasons. When using the internet service, the consent to the changed terms and conditions is deemed to have been granted.

2.4. Until further notice, goods will only be sold in normal household quantities.

3. Conclusion of contract

3.1. The use of the website and the online shop is only permitted for legal, adult and natural persons. Use is at your own risk. The user guarantees that he has disclosed his true identity and only correct data. Coffee mix reserves the right not to accept orders containing incomplete and/or incorrect data. The contractual partner has changed his name or address Coffee mix communicated immediately in writing. If no notification of change is made, documents are deemed to have been received by the contractual partner when they were sent to the last address given by the contractual partner. Requests for changes to invoices cannot delay the due date of the same.

3.2. The presentation of the products in the online shop and information about the products in the online shop and all sales materials and on the rest of the website are for Coffee mix not binding. In particular, there may be (minor, reasonable) deviations between the product images and the delivered product, e.g. a change in appearance and/or in the equipment as a result of a change in the range. The presentation of the products does not represent a binding offer.

3.3. After selecting a product category (coffee, accessories) or the respective subcategories on the start page, the products assigned to the selected category are displayed. On this page you will also find the “Add to shopping cart” button. In front of this button there is a field in which the product price can be seen. After figuring the price in euros, there is the order quantity, which is set to "1" by default.
 The product (in the desired quantity) is added to the shopping cart with the “Add to shopping cart” button. The "shopping cart" can be seen on the website at the top right. By clicking on this field, the content of the "shopping cart" is displayed and it is possible to change or remove products in the shopping cart at any time. After entering changes, changes are made by clicking on the "Update shopping cart" button and the shopping cart is thereby changed or all products are removed from the shopping cart by clicking "Empty shopping cart".
Only after entering all data (name, address, contact details, billing address, shipping address, shipping option, payment method and payment details and acknowledgment of the terms and conditions) can the button "Order with costs" be clicked.
The General Terms and Conditions can be called up at any time. Completing the ordering process by activating the "Order with costs" button in the online shop makes a binding offer by the user to conclude a purchase contract Coffee mix . Submitted after ordering Coffee mix the user a confirmation e-mail that contains the details of the order (order confirmation).
This written order confirmation alone is decisive for the content and scope of the order. However, the confirmation does not represent acceptance of the user's offer. The acceptance of the order and thus the purchase contract only come about when the goods are dispatched and a second e-mail (dispatch confirmation) is sent. This shipping confirmation corresponds to the contract confirmation according to § 4 paragraph 2 FAGG (backup of the contract text). By accepting these General Terms and Conditions and sending the order that is subject to payment, the user consents to the provision of the shipping confirmation via e-mail.

3.4. Can Coffee mix not export or accept the ordered goods due to lack of availability Coffee mix not accept the order, so will Coffee mix inform the user immediately and immediately refund any payments already made.

3.5. Changes and additions to the contract are only effective if Coffee mix has given its express written consent thereto.

3.6. The written form requirement is also met by sending a fax message, an e-mail or a simple electronic signature.

4. Withdrawal and cancellation policy

4.1. In the case of consumer transactions, the user is entitled to withdraw from his contractual declaration in writing within 14 days without giving reasons. It is sufficient if the declaration is sent within this period. The legal restrictions apply (exceptions to the right of withdrawal, e.g.: goods according to customer specifications, perishable goods, sealed packaged goods).

4.2. The declaration of revocation and returns should be sent to:

Coffee mix GmbH
Zollergasse 5, 1070 Vienna
Email office@kaffemik.at

4.3. The cancellation period begins on the day the user takes possession of the goods or a third party named by him who is not the carrier of the goods. In the case of partial deliveries or separate deliveries of a uniform order, the day on which the goods last delivered are taken into possession is decisive.

4.4. In the event of an effective withdrawal, the services received by both parties must be returned step by step. The return of the goods by the user has no later than 14 days from the submission of the declaration of revocation and the reimbursement of the payments made by the user (including delivery costs of the Coffee mix offered delivery) must be made using the same means of payment within 14 days of receipt of the cancellation at the latest. Coffee mix However, is entitled to refuse the repayment until the returned goods have arrived or the user has provided proof of the return. It is sufficient if the goods are sent within this period.

4.5. The consumer has Coffee mix if necessary, to pay an appropriate fee for the use, including for an associated reduction in the general value of the service, or compensation for loss of value due to handling that is not necessary for checking the condition, properties and functioning of the goods.

4.6. The goods must be returned in the original packaging. The consumer has to bear the cost of returning the goods.

5. Prices, terms of payment, offsetting, retention of title

5.1. All prices stated on the website are subject to change, non-binding and can be changed at any time. This applies in particular to price adjustments due to price fluctuations on the C-Market. Price adjustments also affect coffee subscriptions. The prices quoted are gross prices (including the applicable VAT) in euros from the warehouse of Coffee mix excluding packaging, shipping and any other taxes and customs duties. Packaging and shipping costs as well as any other taxes and customs duties are to be borne by the user. The shipping costs vary depending on the recipient country. The shipping costs incurred are to be borne by the user; they can be viewed in the "Checkout" area of the ordering process. The shipping fees are calculated per delivery and are independent of partial deliveries and the number of items ordered.

5.2. The invoice amount is due upon receipt of the invoice sent with the goods. The user can pay the purchase price by credit card (Mastercard, Visacard, AMEX) and must use the payment method specified when ordering. Coffee mix reserves the right to check the user's creditworthiness during the ordering process and, if necessary, to exclude individual payment methods.

5.3. In the event of late payment Coffee mix (subject to the assertion of a higher damage to be specifically proven) entitled to charge the user for all costs necessary for appropriate legal action as well as default interest. Section 456 UGB applies to entrepreneurs. In any case, default interest is at least 5% p.a. from the due date.

5.4. In addition, is Coffee mix entitled to exclude the user from ordering further goods in the event of non-payment and a one-time reminder.

5.5. Objections to the invoiced claim must be raised by the user within 14 days of the invoice date, otherwise the claim is deemed to be accepted. Coffee mix will inform the user of this deadline and the legal consequences of non-compliance.

5.6. The user is not entitled to open claims against Coffee mix to be accounted for, unless Coffee mix becomes insolvent or the counterclaim is recognized or established by a court of law.

5.7. The user retains title to the contractual service until the purchase price and all claims arising from the business relationship or any other legal reason, including costs, have been paid in full Coffee mix . The user is obliged to take all precautions to secure and protect the property of Coffee mix i.e. in particular pledging, security transfer or other exploitation is prohibited.

6. Delivery and Shipping

6.1. Place of performance for deliveries from Coffee mix is the headquarters of Coffee mix.

6.2. Partial deliveries are permitted.

6.3. In the event of force majeure, the contractual obligations of both contracting parties are suspended. Labor disputes in our own or third-party companies, transport delays, machine breakage, product-related failures that are Coffee mix are responsible for, sovereign measures and other circumstances for which neither party is responsible.

6.4. Coffee mix will deliver the ordered products to the delivery address specified by the user. Thereby chooses Coffee mix the means of transport and the route of transport. The user is obliged to accept the delivered products, even if they show any deficiencies.

6.5. From Coffee mix stated delivery dates are always non-binding unless they have been expressly confirmed as binding in writing. Compensation for damages due to late delivery is excluded in any case, unless intent or gross negligence on the part of Coffee mix present. In the case of consumer transactions, the performance period is a maximum of 30 days after the conclusion of the contract. If Coffee mix is unable to deliver the ordered goods through no fault of his own (e.g. because a supplier has not fulfilled his contractual obligations). Coffee mix entitled to withdraw from the user.

6.6. The risk passes to the user when the goods are handed over to the means of transport. The user has the option of taking out transport insurance, the costs of which he has to bear. In consumer transactions, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier specified by the consumer; unless the consumer himself concluded the contract of carriage.

6.7. If delivery to the user is not possible for a reason for which he is responsible (e.g. because he was not found at the delivery address), he shall bear the costs for the unsuccessful delivery.

6.8. Falls Coffee mix caused a delay in delivery, the user can demand fulfillment or withdraw from the contract by setting a reasonable grace period (at least 3 weeks from the delivery of the grace period).

6.9. If the goods are damaged during transport, the user must report the damage to the transport company immediately and claim the damage there. Coffee mix is not liable for culpable behavior of third parties, unless the user is a consumer.

7. Warranty

7.1. The user is aware that the Coffee mix shipped goods, from manual production as well as natural products, color deviations and/or pattern deviations can occur. These therefore do not entitle to warranty claims.

7.2. In the case of consumer transactions, the statutory provisions of § 9 KSchG apply; consequently, the consumer's warranty rights cannot be excluded or restricted prior to becoming aware of the defect; the statutory warranty provisions apply.

7.3. The user is responsible for proving that the defect was present when the goods were handed over (also within the first 6 months after handover). The reversal of the burden of proof according to § 924 sentence 2 ABGB is therefore excluded. This does not apply to consumer transactions.

7.4. If, upon delivery of the subject matter of the contract, Coffee mix there was a defect for which we are responsible Coffee mix rectify this at our discretion by repair or replacement. Conversion is excluded.

7.5. The warranty period is three months from delivery.

7.6. Any warranty claims by the user that go beyond this provision are excluded. Excluded are further claims for compensation for damages that have not occurred to the subject matter of the contract itself. This does not apply if liability is mandatory in cases of intent, gross negligence or the lack of guaranteed properties.

7.7. In any case, no guarantee is given in the event of unsuitable or improper use, treatment or application.

7.8. Furthermore, there is no guarantee that the website will always be online. Coffee mix is entitled to temporarily shut down the online shop for maintenance reasons.

7.9. The statutory provisions of § 9 KSchG apply to consumer transactions. Any further warranty claims by the user are excluded, in particular claims for compensation for damage that has not occurred to the subject matter of the contract itself. This does not apply if liability is mandatory in cases of intent, gross negligence or the lack of guaranteed properties.

7.10. Is one of Coffee mix recognized defect and if subsequent delivery has taken place, the user is obliged to return the first delivered goods within 14 days at the expense of Coffee mix to send back. Coffee mix reserves the right to claim damages under the statutory conditions.
8. Intellectual and Proprietary Rights
The of Kaffemik services offered on the website, content and the structure of the website are protected by copyright.
All characters shown, in particular the logo and the company name of Kaffemik, are protected by trademark.