General Terms and Conditions (GTC)
- SCOPE
1) These general terms and conditions apply to all items ordered in our online shop, by telephone, by fax, by email or in writing by post from us, Beans & Soul UG (limited liability), Ruhrallee 29, 44139 Dortmund (management: Simon Planken). .
2) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.
3) The contract language is German.
4) You can access and print out the currently valid General Terms and Conditions on the website.
2. CONCLUSION OF THE CONTRACT
1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2) By clicking on the “Buy” button, you are making a binding purchase offer (§ 145 BGB).
3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through the confirmation of receipt.
4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without a prior express declaration of acceptance.
3. CANCELLATION POLICY
The consumer who concludes a contract with the seller within the framework of a distance selling contract is generally entitled to a fourteen-day right to revoke the declaration of intent aimed at concluding the contract.
As a consumer (see Section 3 of the General Terms and Conditions or Section 13 of the German Civil Code), the customer can revoke his declaration of intent to conclude the contract within 14 days without giving reasons.
Right of withdrawal
Consumers have the right to cancel the contract concluded with the seller within 14 days without giving reasons.
The cancellation period is 14 days from the day on which the consumer or a third party designated by him who is not the carrier took possession of the last goods.
In order to exercise the right of withdrawal, the consumer (customer) must
Beans & Soul UG (limited liability)
Managing Director Simon Planken
Ruhrallee 29
44139 Dortmund
Email: info@beansandsoul.com
Inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). The seller has a corresponding form available for the customer to fill out on the shop's website. The use of this form provided is not mandatory.
In order to meet the cancellation period, it is sufficient for the consumer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If the Consumer validly withdraws from the contract with the Seller, the Seller shall pay to the Consumer all payments received from the Consumer, including delivery costs (with the exception of costs resulting from the Consumer choosing a method of delivery other than that has chosen the cheapest standard delivery offered by the seller), to be repaid immediately and at the latest within 14 days from the day on which the notification of the consumer's cancellation of the contract was received by the seller. For this repayment, the seller uses the same payment method that the consumer used in the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees as a result of this repayment. The seller may refuse repayment until he has received the goods back or until the consumer has provided evidence that he has sent the goods back, whichever is the earlier.
The consumer must return or hand over the goods to the seller immediately and in any case no later than 14 days from the day on which the consumer informs the seller of the cancellation of the contract. This deadline is met if the consumer sends the goods before the deadline of 14 days has expired. The consumer bears the direct costs of returning the goods.
The consumer is only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
No right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that have been individually manufactured according to customer requirements, to goods that perish quickly and have a short shelf life, or to the delivery of sealed goods that are not suitable for return for reasons of hygiene if their seal is removed after delivery became.
Please help to avoid damage and contamination. If possible, use the original packaging for returns. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid any resulting claims for damages.
The modalities mentioned in the previous paragraph are not a prerequisite for the effective exercise of the right of withdrawal.
End of revocation
January 2024
4. PRICES
All prices mentioned are in euros, include statutory VAT and other price components and do not include the respective shipping costs. Errors and price changes reserved.
5. SHIPPING COSTS, MINIMUM ORDER VALUE
1) For deliveries within Germany we charge shipping costs of 5.99 euros.
6. PAYMENT TERMS
1) Unfortunately, voucher codes and advantage numbers cannot be combined with one another; purchased gift vouchers can of course be redeemed at any time regardless.
2) We want to process all orders quickly and easily, so we limit ourselves to these payment methods:
- PayPal
- Credit card (Mastercard or VISA)
When paying via Paypal, you can conveniently pay with your Paypal access data. If a product is exceptionally out of stock, we will automatically refund the amount via Paypal.
If you pay by credit card, the purchase price will be charged to your credit card immediately at the time of ordering. Your credit card details are not stored by us, but are collected and processed directly by our payment service providers.
7. INITIAL ORDERS
For first orders, we only deliver to residential addresses and not to DHL packing stations.
8. DELIVERY, RETENTION OF TITLE, RESERVATION OF DELIVERY, TRANSFER OF RISK
1) The delivery time is usually 2-3 working days. Shipping is via DHL.
2) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
3) If you do not receive an order confirmation by email, please contact us by phone or email, as well as if no package has arrived after seven days. When placing your order, please be sure to include your email address and telephone number so that we can contact you quickly if you have any questions.
4) The goods remain our property until the purchase price has been paid in full.
5) If an item is not in stock and cannot be delivered within our usual delivery times, we reserve the right not to deliver or offer you a replacement of equivalent quality and price. In the event of non-delivery, the purchase amount of the item will be refunded immediately.
6) We would like to point out that public holidays are not national and are country-specific. The above conditions regarding delivery times therefore apply to public holidays in the federal states or countries in which service providers are involved in processing an order.
9. PROHIBITION OF RESALE OUTSIDE OUR DISTRIBUTION NETWORK
Our products are sold exclusively through our sales channels. Therefore, any sale of our products, their purchase or their distribution as a gift for resale outside of these sales channels, including via the Internet, is prohibited. This applies regardless of whether the brand or the products themselves suffer damage. Any such activities may result in civil and, if necessary, criminal prosecution.
10. TRANSPORT DAMAGE
1) If goods are delivered with obvious transport damage, please report such errors to us immediately.
2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
11. WARRANTY
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB).
12. DISCLAIMER FOR THIRD PARTY LINKS
We provide links to other sites on the Internet on our pages. The following applies to all of these links: Genuss Kartell, Simon Planken expressly declare that they have no influence on the design and content of the linked pages. We therefore hereby expressly distance ourselves from all content on all linked third-party sites on our homepage and do not adopt this content as our own. This declaration applies to all links shown and to all content of the pages to which links lead.
13. COPYRIGHT AND TRADEMARK LAW
1) The author strives to use the copyrights of the graphics, audio documents, video sequences and texts used in all publications or to use license-free graphics, audio documents, video sequences and texts. All brands and trademarks mentioned within the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective owners. The conclusion that trademarks are not protected by third-party rights should not be drawn based on their mere mention.
2) The copyright for published objects created by the author himself remains solely with the author of these pages. Reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
14. LIABILITY
1) Unlimited liability: We are liable for intent and gross negligence. We are liable for slight negligence in accordance with the Product Liability Act as well as for damage resulting from injury to life, body or health of persons.
2) Limitation of liability: In the event of slight negligence, we are only liable for the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). This limitation of liability also applies to our vicarious agents.
15. FINAL PROVISIONS
1) If one or more provisions of these General Terms and Conditions are or become ineffective, this will not affect the effectiveness of the remaining provisions.
2) We reserve the right to adapt or change our terms and conditions at any time if necessary.
3) German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Convention on Contracts for the International Sale of Goods").
4) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is.
Email: info@beansandsoul.de
Inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). The seller has a corresponding form available for the customer to fill out on the shop's website. The use of this form provided is not mandatory.
In order to meet the cancellation period, it is sufficient for the consumer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If the Consumer validly withdraws from the contract with the Seller, the Seller shall pay to the Consumer all payments received from the Consumer, including delivery costs (with the exception of costs resulting from the Consumer choosing a method of delivery other than that has chosen the cheapest standard delivery offered by the seller), to be repaid immediately and at the latest within 14 days from the day on which the notification of the consumer's cancellation of the contract was received by the seller. For this repayment, the seller uses the same payment method that the consumer used in the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees as a result of this repayment. The seller may refuse repayment until he has received the goods back or until the consumer has provided evidence that he has sent the goods back, whichever is the earlier.
The consumer must return or hand over the goods to the seller immediately and in any case no later than 14 days from the day on which the consumer informs the seller of the cancellation of the contract. This deadline is met if the consumer sends the goods before the deadline of 14 days has expired. The consumer bears the direct costs of returning the goods.
The consumer is only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
No right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that have been individually manufactured according to customer requirements, to goods that perish quickly and have a short shelf life, or to the delivery of sealed goods that are not suitable for return for reasons of hygiene if their seal is removed after delivery became.
Please help to avoid damage and contamination. If possible, use the original packaging for returns. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid any resulting claims for damages.
The modalities mentioned in the previous paragraph are not a prerequisite for the effective exercise of the right of withdrawal.
End of revocation
January 2024