§ 1 Subject
(1) These general terms and conditions shall apply to the purchase of products via the website www.vb-kaffee.at by users falling within the definition of “consumers” pursuant to § 1 KSchG [Consumer Protection Act].
(2) This website is the property of and managed by VB Kaffee e.U., Schweibern 5b, 4893 Oberhofen am Irrsee, Austria (hereafter: VB Kaffee).
(3) The products on this website are sold by VB Kaffee e.U., Schweibern 5b, 4893 Oberhofen am Irrsee, Austria (hereafter: VB Kaffee / us). The parties involved in the purchase of Products via this website shall be VB Kaffee as seller and the customer. VB Kaffee holds all rights to this website's domain name, the logos, the products available on this website and is holder of all copyrights relating to this website and its contents.
(4) Any communication by the customer in connection with and/or in relation to the purchase of the products, including any notifications, claims or requests concerning the purchase and/or delivery of the products or exercising the right to cancel, etc., shall be sent to VB Kaffee at the e-mail address firstname.lastname@example.org and in accordance with the procedure also set out on this website.
(5) All purchases are regulated by the general terms and conditions of sale published on this website at the time the order is submitted by the customer.
§ 2 Closing of Contract
(1) The presentation of goods on our website and the possibility to order the same shall not be interpreted as a binding offer on our part. A binding offer to conclude a purchase contract shall not be made until the customer places an order. Before finally submitting the order, the customer may correct his order. An automatic confirmation of receipt will then be sent by email to the customer. This confirmation shall not be deemed acceptance of such offer. A purchase contract with VB Kaffee shall only be concluded when we ship the product to the customer or confirm the order separately in a further email. The text of the contract will be saved. Customers who sign up for a customer account can access the contract text when logging into their account again after first registration. The purchase contract may be concluded in German or in English.
(2) In the event of spelling, printing or arithmetic errors, we reserve the right to rescind the contract. The actual colours of a product may deviate from the colours on the photos.
(3) Orders may only be placed by persons who are at least 18 years of age.
§ 3 Prices and Shipping Costs
The prices of the items are indicated in GBP including Austrian VAT. In addition, shipping costs of £ 16.50 will be charged for shipments to Mainland UK.
§ 4 Payment
Payment may be made by Paypal. Import duties shall only accrue for deliveries to countries outside of the EU. The amount of import duties depends on local legislation and cannot be indicated. Possible customs duties or import charges are not included in the shipping cost and must be borne by the customer.
§ 5 Withdrawal
(1) Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered in one order and delivered separately or in the case of a contract relating to delivery of a good consisting of multiple lots or pieces the withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece. To exercise the right of withdrawal, you must inform us
VB Kaffee e.U., Schweibern 5b, 4893 Oberhofen am Irrsee, Austria – Email: email@example.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) including all information necessary for reimbursement (full name, address, e-mail, invoice or full order details, Paypal or bank details). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(2) Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (if you withdraw from this contract regarding the entire delivery and not only regarding parts of it and with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You shall send back the goods or hand them over to:
VB Kaffee e.U., Schweibern 5b, 4893 Oberhofen am Irrsee, Austria
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. We will bear the cost of returning the goods. Costs for shipments with “postage paid by receiver” will not be covered. If the previous requirements are not met, you will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(3) Please note:
A right to withdrawal does not exist for
- the supply of goods made to the consumer’s specifications or clearly personalised (e.g. ground coffee);
- the supply of goods which are liable to deteriorate or expire rapidly;
§ 6 Delivery
(1) Deliveries shall be made to the delivery address specified by the customer.
(2) If delivery or another service is permanently impossible due to force majeure, a performance obligation on our part shall be excluded. Any payments already received shall be refunded forthwith.
(3) The delivery with standard shipments in the United Kingdom will be within 14 days of purchase, depending on the next available roasting slot. We reserve the right to make partial shipments if this appears to be expedient for rapid handling of the contract and acceptable for the customer. The customer shall not be required to pay additional shipping costs in this case. In the exceptional event that an item cannot be delivered, we shall inform the customer of this forthwith and reserve the right to rescind the contract.
§ 7 Retention of Title
The delivered goods shall remain the property of the vendor until complete payment.
§ 8 Statutory rights of buyer in the case of defects
In case of defects of the delivered products the statutory rights of the buyer in the case of defects are applicable.
§ 9 Liability
(1) Any compensation claims are excluded in cases of minor negligence. This restriction does not apply for injury to life, body and health.
(2) Personal liability of the legal representatives, vicarious agents and employees of VB Kaffee shall be excluded.
§ 10 Data Protection
Information about the method, scope and location of collection, processing and utilisation of the customer’s personal data can be found in the Privacy Declaration .
§ 11 Governing Law
The order and any litigation resulting from the order and from order processing shall be governed by Austrian law. The exclusive venue shall be Vienna - Inner City.
§ 12 Severance, Written Form
(1) Should individual provisions of these terms and conditions be or become ineffective or invalid in whole or in part, the effectiveness of the remaining terms and conditions shall not be prejudiced. The ineffective or invalid provisions shall be replaced by the statutory provisions.
(2) Any amendments to these general terms and conditions must be made in writing.
§ 13 Contact Information
VB Kaffee e.U., Schweibern 5b, 4893 Oberhofen am Irrsee, Austria; Owner: Matthias Rinderer, Company Objective: Coffee Roastery, VAT Number: ATU73580314, Company Register Number: FN 498438y, Register Court: Wels
Version: March 2019