1. No right of withdrawal for business customers
   For business customers (B2B), the statutory right of withdrawal pursuant to Section 312g of the German Civil Code (BGB) is excluded. Orders from business customers are binding and cannot be revoked.

2. Exclusion of the right of return
Return and exchange rights that may apply to consumers are generally excluded for orders placed by business customers. Products will only be accepted in exceptional cases and by individual agreement.

3. Chargeback and chargeback fees
Should a business customer initiate an unlawful chargeback or reversal through a credit card provider or payment service provider, we reserve the right to legally claim all resulting costs. This includes applicable fees, bank charges, and processing expenses. The customer agrees to bear all costs incurred in the event of an unlawful chargeback.

4. Legal enforcement
Unpaid invoices, outstanding amounts, and costs incurred due to chargebacks will be pursued in court if an out-of-court settlement is not possible. The place of jurisdiction is the registered office of our company, unless mandatory legal provisions conflict with this.

5. Individual agreements
Deviations from the above provisions require a written agreement. Without such an agreement, the exclusion of return and cancellation rights, as well as the provisions regarding chargeback costs, apply without restriction.

6. Applicable law and place of jurisdiction
All orders and contracts with business customers are subject exclusively to the law of the place of our company's registered office. The place of jurisdiction is the registered office of our company, unless mandatory statutory provisions conflict with this.

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

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

(2) We only offer our products for sale to natural or legal persons or partnerships with legal capacity that, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity (entrepreneurs). Contracts with consumers are 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 placing 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" and make changes there at any time using the corresponding button in the navigation bar. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed as an order overview.

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

Before submitting your order, you have the opportunity to review the information in the order overview, change it (also using the "back" function of your internet browser), or cancel the order. By submitting your order using the corresponding button, you declare your legally binding acceptance of the offer, thereby concluding the contract. (Binding)

(4) You can also submit a binding contract offer (order) by telephone, email, fax or post.
Acceptance of the offer (and thus conclusion of the contract) takes place immediately when ordering by telephone or at the latest within 5 days by confirmation in text form (e.g. e-mail), 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 notification within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(5) Upon request, we will prepare a customized offer for you, which will be sent to you in text form and to which we are bound for a period of five days (unless a different period is specified in the respective offer). You accept the offer by confirming it in text form.

(6) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Prices, payment terms and shipping costs

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

(2) The shipping costs are not included in the purchase price; they will be charged separately unless free shipping has been 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 may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear.

(4) You shall bear any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) in cases where the delivery is made to an EU Member State but the payment was made 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 period is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are due immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.

(6) SEPA direct debit (core and/or business direct debit)
When paying by SEPA Core Direct Debit or SEPA Business Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 5-15 days after the contract has been concluded. The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obligated to ensure that there are sufficient funds in your account by the due date. In the event of a returned direct debit due to your fault, you will be responsible for the applicable bank fee.
We reserve the right to exclude the payment methods SEPA core direct debit and/or SEPA business direct debit in individual cases.

§ 4 Delivery conditions

(1) The estimated delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if confirmed by us in writing. If payment is made in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and shipping costs.

(2) If, contrary to expectations, a product ordered by you is not available for a reason for which we are not responsible, despite the timely conclusion of an adequate hedging transaction, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) Shipping is at your own risk. If you wish, shipping will be insured, but you will be responsible for any costs incurred.

(4) Partial deliveries are permissible and can be invoiced by us separately, provided that you are not charged with additional shipping costs.

§ 5 Warranty

(1) The warranty period shall be one year from delivery of the item. The shortened period shall not apply:

- damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which 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 information and the manufacturer's product description shall be deemed to be agreed as the quality of the item, but not other advertising, public praise or statements by the manufacturer.

(3) In the event of defects, we will provide warranty at our discretion through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the item or the defect or other circumstances. In the event of repair, we shall not be liable for the increased costs incurred by 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 if the claims arise from the same contractual relationship.

(2) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring them 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 amount, and we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

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

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.

§ 7 Choice of law, place of performance, place of jurisdiction

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

(2) The place of performance and jurisdiction shall be our registered office if 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.

Additional information on the right of withdrawal:

1. Returns are expressly excluded as this is a food product.

2. Orders cannot be canceled in advance.

2.1 Should cancellation be requested for other reasons, we reserve the right to charge a cancellation fee of 30-90% of the order value.

3. If VAT is not valid for EU business customers, 19% must be charged.

4. Business customer orders: Exchange, return and cancellation are excluded after conclusion of the contract.

II. Customer information

1. Identity of the seller

Coffee Colorato UG (limited liability)
Vereinsstr. 302
48599 Gronau
Germany
Email: support@coffeecolorato.com


2. Information on the conclusion of the contract

The technical steps for concluding the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with Section 2 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order or inquiry, the contract details can be printed out or saved electronically using the browser's print function.

These terms and conditions were drafted by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of any cease and desist letters. Further information can be found at: http://www.haendlerbund.de/agb-service.

1. No right of withdrawal for business customers
For business customers (B2B), the statutory right of withdrawal pursuant to Section 312g of the German Civil Code (BGB) is excluded. Orders from business customers are binding and cannot be revoked.

2. Exclusion of the right of return
Return and exchange rights that may apply to consumers are generally excluded for orders placed by business customers. Products will only be accepted in exceptional cases and by individual agreement.

3. Chargeback and chargeback fees
Should a business customer initiate an unlawful chargeback or reversal through a credit card provider or payment service provider, we reserve the right to legally claim all resulting costs. This includes applicable fees, bank charges, and processing expenses. The customer agrees to bear all costs incurred in the event of an unlawful chargeback.

4. Legal enforcement
Unpaid invoices, outstanding amounts, and costs incurred due to chargebacks will be pursued in court if an out-of-court settlement is not possible. The place of jurisdiction is the registered office of our company, unless mandatory legal provisions conflict with this.

5. Individual agreements
Deviations from the above provisions require a written agreement. Without such an agreement, the exclusion of return and cancellation rights, as well as the provisions regarding chargeback costs, apply without restriction.

6. Applicable law and place of jurisdiction
All orders and contracts with business customers are subject exclusively to the law of the place of our company's registered office. The place of jurisdiction is the registered office of our company, unless mandatory statutory provisions conflict with this.

last updated: 27.10.2020