General terms and conditions and customer information

Supplement General Terms and Conditions and customer information for event rental (see below).

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, make changes (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.

(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.




II. Customer information

1. Identity of the seller

Coffee Colorato UG (limited liability)
Poststr. 19
48599 Gronau
Germany
Phone: 015145743132
Email: info@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.

last updated: 27.10.2020

Supplement General Terms and Conditions and Customer Information for Event Rental

1. Subject matter of the contract
The lessor, Coffee Colorato UG (hereinafter Colorato), undertakes to transfer possession to the tenant for a specified period of time (see offer/invoice/order for details). The current general terms and conditions apply, available at: www.coffeecolorato.com.

2. Conditions
The rental price and the deposit must be paid in advance to Colorato’s account:

Payee (Name Company): Coffee Colorato
IBAN: DE65100101235333578130
BIC (SWIFT CODE): QNTODEB2XXX

Bank: Banque de France. Colorato undertakes to ship the rental item promptly after receipt of payment and taking into account the agreed period of use, or if this is not possible, to refund the rental price immediately. After the agreed period of use has expired, the rental item must be returned to Colorato within 7 working days. The tenant must provide proof of timely return without being asked to do so. In the event of late return of the rental item, the tenant agrees to pay Colorato a surcharge of EUR 50.00 plus VAT per day or part thereof (from the end of the regular period of use). If payment is made by SEPA direct debit, Colorato is entitled to promptly debit the due amount or deduct it from the deposit.

3. Use and liability
Colorato is liable without limitation for intent and gross negligence. Colorato is liable for simple negligence – except in cases of injury to life, body, or health – only if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the typical and foreseeable damages, up to a maximum of the rental price. The deadline for subsequent performance is 14 days after notification of a defect. Therefore, compensation can only be claimed after the 14-day deadline has been missed.
The tenant undertakes to print only images/motifs that do not conflict with legal or licensing regulations. Colorato is not liable for the use of unauthorized or unapproved images/motifs.
The print cartridges contain additives and colorants (details at www.coffeecolorato.com and/or the delivery notes/invoices/online shop products). In accordance with the Food Additives Regulation (additives permitted for coloring food or achieving color effects in food) and EC Regulation 1333/2008, the tenant may use the rental property exclusively for the following products: confectionery, decorations or coatings, fine baked goods (e.g., breakfast pastries, cookies, cakes, and waffles), ice cream, desserts, including flavored dairy products, and non-alcoholic flavored beverages. The tenant is aware of the labeling obligation in accordance with the Food Additives Regulation. Colorato is not liable for any incorrect declaration by the tenant.
Use and operation must comply with legal regulations. If the renter uses print cartridges that have not been expressly approved in writing by Colorato in advance, this may cause serious damage to the purchased item, and any associated warranty claims of the renter will be voided. Print cartridges purchased directly from Colorato are automatically deemed approved. The renter must replace print cartridges according to the instructions in the user manual. The renter is liable for any damage, sanctions, fines, or other impairments incurred by Colorato due to improper or illegal use of the purchased item. The renter is liable for all damage resulting from a culpable breach of its duty to treat the rental item carefully and maintain it diligently. For hygiene reasons, the rented item must be cleaned daily by the renter. The rented item is equivalent to the negligence of its vicarious agents, apprentices, and other representatives. In the event of a malfunction, the renter shall endeavor to rectify the problem itself in accordance with the user manual. For the full scope of services, the tenant consents to the transfer of data (e.g., images). This includes the transfer of data to third countries (outside the EU). The transfer is based on Art. 49 (1) (a) GDPR. When the images are deleted from the Coloranino, the data on the server is also deleted. Furthermore, the privacy policy applies, available at: http://coffeecolorato.com/datenschutz . Colorato is not liable – to the extent permitted by law – for damages resulting from the failure or defect of the rental property, unless it is guilty of gross negligence or willful intent. The limitation period for claims for defects arising from this contract is one year.

4. Deposit

The full net deposit will be refunded within 28 days, provided no replacement cartridges have been used or there is no technical defect. In the event of a technical defect caused by the customer, the following price list applies: Price list

We reserve the right to deduct any repair costs, cleaning costs, etc. from the deposit.

5. Written form and severability clause
Amendments and additions to this contract, as well as any notifications relating to the contract, must be made in writing if they are significant for the further execution of the contract (e.g., price adjustments, changes to services, etc.). The invalidity of one or more provisions of this contract shall not affect the validity of the remaining provisions. If and to the extent that any provision of this contract violates mandatory legal provisions, the contracting parties are obligated to replace it with an agreement that achieves the intended purpose in an economically equivalent manner.

Notes on battery disposal:
In connection with the sale of batteries or the delivery of devices containing batteries, we are obligated to inform you of the following: As an end user, you are legally obligated to return used batteries. You can return used batteries that we carry or have carried in our range as new batteries free of charge to our shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage bin means that the battery must not be disposed of with household waste.
Pb = Battery contains more than 0.004% lead by mass
Cd = Battery contains more than 0.002 mass percent cadmium
Hg = Battery contains more than 0.0005% mercury by mass
Please note the above information.

Limited Liability and Warranty for International Shipments

1. Disclaimer for international shipments
We assume no liability for delays, loss or damage to international shipments resulting from forces beyond our control, customs clearance, country-specific shipping restrictions or other unforeseeable circumstances.

2. Customs clearance and taxes
All international shipments may be subject to additional customs fees, import taxes, or other charges imposed by the destination country. These costs are the responsibility of the recipient. We assume no responsibility for delays or additional costs incurred due to customs clearance.

3. Shipping times
Shipping times stated are estimates only and may vary due to external factors such as customs clearance, local holidays, or natural disasters. We assume no liability for delays beyond our control.

4. Damaged or lost shipments
We are only liable for lost or damaged shipments during international shipping within the scope of applicable international shipping laws and the shipping insurance we have taken out. Further liability is excluded unless we are guilty of willful misconduct or gross negligence.

5. Warranty
For international orders, the national warranty laws of the recipient country apply only to a limited extent. Please note that different warranty and return policies may apply to products shipped internationally than to domestic orders.

6. Applicable law and place of jurisdiction
All disputes relating to international shipments shall be governed by the law of the country of dispatch, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be the registered office of our company, unless mandatory statutory provisions conflict with this.