General Terms and Conditions (AGB)

§ 1 Scope

(1) These General Terms and Conditions (AGB) govern all business relationships between us and our customers (hereinafter referred to as "Buyer").

(2) Our AGB apply exclusively. Any deviating, conflicting, or supplementary terms and conditions of the Buyer shall only become part of the contract if we have expressly agreed to their validity. This requirement of consent applies in all cases, including if we execute the delivery to the Buyer without reservation despite being aware of the Buyer's terms and conditions.

§ 2 Contracting Party

The purchase contract is concluded with the following company:

Represented by Managing Director Peteris Lavskis

Registered in the commercial register of the Düsseldorf District Court under number HRB 101457

(hereinafter also referred to as "Provider").

§ 3 Conclusion of Contract; Registration and Guest Access

(1) Unless otherwise stated, all goods in our web shop at www.roastmarket.de can be ordered. All offers in our web shop are non-binding and do not constitute a legally binding offer. By placing the selected goods in the shopping cart, ticking the "Accept AGB" box, and submitting the order by clicking the "order with obligation to pay" button, you submit a binding offer to conclude a purchase contract for the selected goods. You can remove or add goods to the shopping cart at any time before submitting.

(2) Upon receipt of your order, you will receive an automatically generated order overview from us. This does not constitute a binding order confirmation but merely informs you that your order has been received by us and which goods you have ordered. A legally binding contract is only concluded by our acceptance, either by order confirmation or by later delivery of the products to you.

(3) To process your order, you have the option to create a user account on our website. To do this, you must provide your email address and choose a password. Alternatively, you can also place your order as a guest customer.

(4) You are solely responsible for the accuracy and timeliness of your data.

§ 4 Personal Information in the Order or Web Shop

By submitting your order or registering in our web shop, you confirm that all information provided by you, especially name, address, and email address, is true. In case of changes to your data, please contact us immediately at the following email address: [email protected] or via our contact form..

§ 5 Payment

The following payment methods are available:

PayPal 
You pay the invoice amount through the online payment service provider PayPal. You must either be registered there or register first, authenticate with your payment details, and confirm the payment instruction to us. 

Advance Payment
If you choose the advance payment option, we will provide you with our bank details in the order confirmation, and you will transfer the due amount to this bank account.

Credit Card
By placing the order, you simultaneously provide us with your credit card details. After you have been verified as the rightful cardholder, we will immediately request your credit card company to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company, and your card is charged. 

BillPay Direct Debit
After successful address and credit check during the ordering process, you grant a SEPA direct debit mandate to the online provider BillPay, and we assign our claim to BillPay. BillPay will inform you of the debit date (pre-notification). By submitting the direct debit mandate, BillPay requests your bank to initiate the payment transaction. The payment transaction is automatically carried out, and your account is debited. The account is debited before the goods are shipped.

Sofort
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have an online banking account enabled for Sofort with PIN/TAN authentication, authenticate accordingly, and confirm the payment instruction to us. The payment transaction is then carried out immediately by Sofort, and your account is debited.

Giropay
After placing the order, you will be redirected to your bank's website. To pay the invoice amount via Giropay, you must have an online banking account enabled for Giropay with PIN/TAN authentication, authenticate accordingly, and confirm the payment instruction to us. The payment transaction is then carried out immediately, and your account is debited.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the order in our web shop. To process the order and pay the invoice amount via Amazon, you must be registered there or register first and authenticate with your access data. There, you can choose the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon, and confirm the payment instruction to us. We will then request Amazon to initiate the payment transaction immediately after the order has been placed. The payment transaction is automatically carried out by Amazon. 

Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

• Invoice: The payment deadline is [30] days from the dispatch of the goods.
• Installment Purchase: The installment payment is due at the end of the month following the sending of a monthly invoice by Klarna.
• Immediate Transfer: Your account is debited immediately after placing the order.
• Direct Debit: The debit takes place after the goods have been shipped. The time will be communicated to you by email.

The use of the payment methods invoice, installment purchase, and direct debit requires a positive credit check. Therefore, we transmit your data to Klarna for the purpose of address and credit checks within the scope of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. 

Purchase on Account via BillPay
To pay the invoice amount via the online provider BillPay, you do not need to be registered there. After successful address and credit check during the ordering process and submission of the order, we assign our claim to BillPay. In this case, you can only pay BillPay with discharging effect.

§ 6 Prices and Shipping Costs

(1) The prices stated on the product pages are total prices; they include the statutory value-added tax and all other price components.

(2) In addition to the prices indicated, we charge the shipping costs explicitly specified on the product page.

§ 7 Redemption of Vouchers

(1) The voucher can be redeemed in our webshop at www.brewroast.de by entering the code specified on it.

(2) The voucher can be applied to the entire range of goods in the webshop. However, it cannot be combined with discount codes or other vouchers.

(3) The voucher can only be redeemed before completing the ordering process. A subsequent redemption of the voucher or any other offsetting of the credit balance is not possible.

(4) The voucher is valid for a period of 3 years from the date of issue. During this period, the voucher can be redeemed in the webshop until the credit balance contained on it is used up. Any remaining credit balance will not be paid out.

(5) The voucher can also be applied to goods whose purchase price exceeds the credit balance of the voucher. The difference between the higher purchase price and the credit balance of the voucher must be paid using the payment methods specified in § 5.

(6) The credit balance of the voucher will not be paid out in cash or refunded in any other way. Interest on the credit balance is also excluded.

(7) If the buyer exercises their right of withdrawal, the credit balance that the buyer has redeemed when paying for the ordered goods will not be refunded to them upon return of the goods.

(8) The current credit balance of a voucher can be requested by email at the following address: [email protected] or via our contact form. .

(9) The voucher is transferable. We can make payments to the respective holder of the voucher with discharging effect. However, this does not apply if we are aware or grossly negligent of the non-entitlement, lack of authorization, or incapacity of the respective voucher holder.

§ 8 Delivery

The item will be shipped to the delivery address provided by the buyer no later than the third working day after receipt of payment.

§ 9 Conclusion of a Subscription Contract, Term, and Termination

(1) A subscription contract can be concluded for certain items in our assortment. Such a subscription contract is concluded when you check the box for "Subscribe" and choose a delivery interval before adding the item to your shopping cart. Furthermore, § 3 shall apply mutatis mutandis.

(2) The subscription contract is concluded for an indefinite period and begins upon conclusion of the contract.

(3) You may terminate the subscription contract at any time without observing a notice period and without stating a reason by clicking on the "Cancel subscriptions here" button available on our website and following the instructions on the confirmation page.

(4) We may terminate the subscription contract with reasonable notice. In determining the notice period, we will take your legitimate interests into account, in particular not setting a notice period of less than two weeks. Termination by us without notice is only possible if there is good cause that makes it unreasonable for us to continue the contractual relationship until the end of the notice period, taking into account your legitimate interests. Good cause exists in particular if there is recognizable abuse by you. If the good cause is based on a breach of a contractual obligation, we may only terminate the contract after an unsuccessful attempt to remedy the breach within a reasonable period of time or after a warning has been issued, unless this is dispensable due to the particular circumstances of the individual case (§ 323 (2) and (3) BGB).

(5) Upon the termination becoming effective, the subscription contract ends.

(6) Deliveries that have been prepared for dispatch or our claim for payment for the current delivery at the time of receipt of your notice of termination remain unaffected by the termination.

§ 10 Retention of Title

The ordered goods remain our property until the purchase price has been paid in full.

§ 11 Warranty

The statutory warranty provisions of the German Civil Code apply.

§ 12 Liability

(1) We shall be liable without limitation for damages caused by us, our legal representatives, senior employees, or vicarious agents intentionally or through gross negligence.

(2) In all other cases, we shall only be liable – except as otherwise provided in paragraph 4 – for the breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation), limited to the compensation of foreseeable and typical damages. In all other cases, our liability – subject to the provisions of paragraph 4 – is excluded.

(3) The limitations of liability in paragraphs 1 and 2 also apply in favor of our legal representatives, senior employees, and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability set out in paragraphs 1 and 2 do not apply in the event of fraudulent intent, in cases of damage resulting from injury to life, body, or health, in the event of the assumption of guarantees or other strict liability, as well as for claims under the Product Liability Act.

§ 13 Transport Damage

If the items are delivered with obvious transport damage, please report these damages to the delivery service as soon as possible and contact us immediately. Failure to make a complaint or contact us immediately has no effect on your statutory claims, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance company.

§ 14 Storage of Contract Text

We store the contract text and send it to you by email after the contract has been concluded. In addition, the contract data is stored for 2 years after conclusion of the contract and can be accessed by you via your user account by specifying the respective item number.

§ 15 Language of the Contract

The language available for the conclusion of the contract is German.

§ 16 Amendment Clause

(1) We reserve the right to amend these Terms and Conditions at any time, with effect also within the existing contractual relationships, insofar as

a) this is necessary for compelling reasons, in particular due to changed legal regulations or case law, technical changes or developments, gaps in the regulations in the Terms and Conditions, changes in market conditions, or other equivalent reasons, and does not unreasonably disadvantage the user, and
b) the changes do not fundamentally alter the essential business characteristics of the contract, in particular the remunerated services owed by us.

(2) We will inform you about such changes at least two (2) months before the planned entry into force of the changes. You can either agree to the changes before they come into effect or reject them. Your consent is deemed to have been given if you do not object to the changes before they come into effect. We will specifically draw your attention to this approval effect in our offer.

(3) If you reject the changes, both parties have the right to terminate the business relationship without notice. We will inform you separately in the context of the notification of changes about this mutual extraordinary right of termination.

§ 17 Final Provisions

(1) German law shall apply to contracts between the provider and the buyer, to the exclusion of the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, in particular those of the state in which the buyer has his habitual residence as a consumer, remain unaffected.

(2) If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the buyer and the provider is the registered office of the provider.

(3) Even if individual points of these Terms and Conditions are legally ineffective, the remaining parts of the contract remain binding. Instead of the ineffective points, the statutory provisions apply, if available.