Terms and Conditions
Please note: Only the German original of these General Terms and Conditions of Roast Rebels GmbH is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original
Table of Contents
- scope of application
- conclusion of contract
- Prices and terms of payment
- Shipping & Returns
- liability for defects
- Applicable law, place of jurisdiction
1) Scope of application
1.1 These terms and conditions of Roast Rebels GmbH (hereinafter "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller in respect of the goods and/or services presented by the Seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his commercial or self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the order process.
2.3 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods at the customer is decisive in this respect, or
by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins on the day after dispatch of the offer by the customer and ends on the expiry of the fifth day following dispatch of the offer.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after his order has been sent. In addition, the contract text is archived on the website of the seller and can be called up free of charge by the customer via his password-protected customer account stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before placing a binding order via the online order form of the seller, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Orders are processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Prices and terms of payment
3.1 The prices quoted by the seller include the statutory value-added tax and other price components. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.
3.2 The customer has various payment options at his disposal, which are specified in the seller's online shop.
3.3 If prepayment has been agreed, payment is due immediately after conclusion of the contract.
4) Delivery and shipping conditions
4.1 The delivery of goods takes place regularly by way of dispatch and to the delivery address indicated by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the carrier returns the shipped goods to the seller, as delivery to the customer was not possible, the customer shall bear the costs of unsuccessful shipment.
4.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the commissioned transport person when the goods are handed over for dispatch or handover.
4.4 Collection by the customer is not possible for logistical reasons.
5) Liability for defects
The statutory liability for defects shall apply.
6) Applicable law, place of jurisdiction
6.1 If the customer acts as a consumer within the meaning of section 1.2, Swiss law shall apply to all legal relations between the parties to the exclusion of the UN Convention on the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the domicile of the customer.
6.2 If the customer acts as an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of residence or business.