Terms of service
TERMS AND CONDITIONS (GTC)
Stand: 28.04.2022
TERMS AND CONDITIONS (GTC)
§ 1 Scope, provider, delivery area and choice of words
§ 1.1 The following General Terms and Conditions (GTC) apply to all orders for goods that consumers place via the company's online shop:
Three Oaks Roastery GmbH
George Black
Peutestraße 51B
20539 Hamburg
Tel.: +49 40 780 89 181
Email: info@55.coffee
Commercial Register: HRB 166991
Registration court: District Court of Hamburg
Sales tax identification number according to § 27 a
Sales tax law: DE123456789
§ 1.2 Consumers within the meaning of § 13 of the German Civil Code (BGB) and these General Terms and Conditions are natural persons who enter into legal transactions for purposes that are predominantly neither commercial nor self-employed.
§ 1.3 All deliveries and services provided by 55 Degrees within the framework of contracts concluded via the online shop under the Internet domain 55.coffee are carried out exclusively on the basis of the following terms and conditions in the version valid at the time of the order.
§ 1.4 Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary general terms and conditions do not become part of the contract unless their validity is expressly agreed.
§ 2 Order confirmation and conclusion of contracts
§ 2.1 Customers have the opportunity to buy baked goods via the 55.coffee website.
§ 2.2 The illustration of the goods in the online shop does not represent a legally binding offer on the part of 55 Degrees, but rather a non-binding online catalog and thus an invitation to the customer to submit a corresponding offer.
§ 2.3 By clicking on the "Order with costs" button in the checkout, an order is completed. With the order sent via the website, the customer initially submits a binding contract offer regarding the goods individually specified by him. 55 Degrees accepts the order through the shop system. In all cases, access will be confirmed. We would like to point out that the mostly automated confirmation of receipt does not already represent an acceptance of the offer to conclude a contract, but is only intended to indicate that the order has been received by 55 Degrees and is being processed. The purchase contract for the goods only comes into effect when the order is accepted. 55 Degrees is under no obligation to accept. The order will be accepted by 55 Degrees to the extent and by confirming shipment of the goods by email from 55 Degrees.
§ 2.4 All goods contained in the online shop and their prices are offered as in the description contained in the goods shown. The ingredients of the baked goods are listed there in full.
§ 3 Disclaimer
If the customer is not present, the vehicle will be parked in front of the apartment/house door. In this case, the risk of loss and damage passes to the customer as the recipient. Liability of 55 Degrees for damage and/or theft occurring after parking is excluded. In the event of damage, ambiguities in the specification of the storage location shall be borne by the customer. 55 Degrees is not obliged to check the suitability of the storage location. The customer exempts 55 Degrees from any claims for damages. In the context of purchase contracts between the customer and 55 Degrees, the customer bears the risk of the goods going missing after storage.
§ 4 Retention of title
The delivered goods remain the property of 55 Degrees until full payment has been made. Before the transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without our express consent.
§ 5 Shipping and payment
§ 5.1 All prices shown include the statutory sales tax and other price components without the delivery and shipping costs incurred. When the website is updated, all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive.
§ 5.2 The shipping costs are EUR 4.99 and do not apply from EUR 50.00. The shipping costs are communicated to the customer in the shopping cart system and on the order completion page and are clearly displayed.
§ 5.3 55 Degrees offers the following payment methods: PayPal, credit card payment, ApplePay, GooglePay, Sofortüberweisung (Klarna).
PayPal: You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process. In addition to our terms and conditions, PayPal's terms and conditions and data protection declaration apply to payment processing via PayPal. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
§ 6 Right of withdrawal for consumers
§ 6.1 Consumers have a right of withdrawal of 14 days. Consumers within the meaning of Section 13 of the German Civil Code (BGB) and these General Terms and Conditions are natural persons with whom we enter into business relationships without this being predominantly a commercial or independent professional activity.
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must contact us, the company
Three Oaks Roastery GmbH
Peutestraße 51B
20539 Hamburg
Tel.: +49 40 780 89 181
Email: info@55.coffee
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of the revocation:
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning the goods if you use the return label provided by us for a return within Germany. Otherwise you will have to bear the return costs. 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.
End of revocation
__________________________________________________________________________
Sample withdrawal form
SAMPLE CANCELLATION FORM
(If you want to revoke the contract, please fill out this form and send it back.)
- An
Three Oaks Roastery GmbH
Peutestraße 51B
20539 Hamburg
Email: info@55.coffee
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Datum
______________________
(*) Delete where not applicable
__________________________________________________________________________
§ 7 Warranty
The statutory warranty provisions apply. the
The warranty period is two years and begins when the goods are handed over.
§ 8 Warranty rights
§ 8.1 The purchased item is defective if it has defects. Differences between the image material on the website and the real goods, which are caused by the quality (e.g. resolution) of the photos on the website, also do not constitute a defect.
§ 8.2 Customers who are entrepreneurs can only claim obvious defects in the delivered goods if they complain to 55 Degrees in writing or by e-mail with a precise description and a photo immediately after delivery. The dispatch of the notice of defects is decisive. A later claim is not possible. If only merchants are involved in the contract, §§ 377 et seq. HGB shall also apply.
§ 8.3 If there are defects and if these were asserted in good time, 55 Degrees is entitled to supplementary performance. For the rest, the statutory provisions apply with regard to the warranty.
§ 8.4 The statutory warranty rights always apply to consumers.
§ 9 Liability
§ 9.1 55 Degrees is only responsible for intent and gross negligence. Insofar as an attributable breach of duty is based on simple negligence and an essential contractual obligation (obligations, the fulfillment of which is essential for the proper execution of the contract, the violation of which jeopardizes the achievement of the purpose of the contract and the observance of which you as a customer regularly rely) is culpably violated, the liability for damages is GmbH is limited to the foreseeable damage that typically occurs in comparable cases. In the event of death, injury to health or body, we are liable according to the statutory provisions.
§ 9.2 Liability under the provisions of the Product Liability Act remains unaffected. Moreover, liability is excluded.
§ 10 data protection
§ 10.1 55 Degrees is entitled to store and process the data received about the customer in connection with the business relationship, regardless of whether it originates from the customer himself or from third parties, in accordance with the Data Protection Act, insofar as it is necessary for the implementation and processing of the order and the business relationship are required.
§ 10.2 In addition, reference is made to the data protection declaration on the website with regard to possible consents from the customer and further information on data collection, processing and use www.55.coffee can be called up in printable form at any time via the "Privacy Policy" button in the lower part of the home page.
§ 11 Final Provisions
§ 11.1 German law applies to the conclusion and processing of all contracts. However, this applies to the customer only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the customer has his habitual residence.
§ 11.2 The provisions of the UN Sales Convention expressly do not apply.
§ 11.3 If one or more provisions of these terms and conditions are ineffective, this does not result in the ineffectiveness of the entire contract. The invalid regulation will be replaced by the applicable statutory regulation.
INFORMATION OBLIGATIONS IN DISTANCE SELLING BUSINESSES
1. Information about the essential characteristics of the goods
The essential properties of the goods we offer can be found in the product descriptions on the product overview pages and in the information and descriptions on the product detail pages. If you have placed goods in the virtual shopping cart, you will receive an overview of the goods and their properties until you send your order.
2. Information about the identity of the company and contact details (including telephone number)
Three Oaks Roastery GmbH
George Black
Peutestraße 51B
20539 Hamburg
Tel.: +49 40 780 89 181
Email: info@55.coffee
Commercial Register: HRB 166991
Registration court: District Court of Hamburg
Sales tax identification number according to § 27 a
Sales tax law: DE123456789
3. Information about the total price and price calculation as well as shipping costs
You can find out information about the total price and the price calculation during the ordering process after inserting the shopping cart.
To do this, click on the symbol labeled "Shopping Cart".
4. Information about the payment, delivery and service conditions, date of service provision and complaints procedures
4.1 Terms of Payment
The terms of payment result from § 5 of the General Terms and Conditions.
4.2 Delivery and service conditions
The delivery and service conditions result from §§ 3.4 of the General Terms and Conditions.
5. Information on existing delivery restrictions and available means of payment
5.1 The following means of payment are available:
PayPal, credit card payment, ApplePay, GooglePay, Sofortüberweisung (Klarna)
INFORMATION OBLIGATION FOR CONTRACTS IN ELECTRONIC BUSINESS
1. Information about the formation of a contract
The contract between the seller and the buyer is concluded in accordance with § 2 of the seller's general terms and conditions (see above).
2. Information about the technical steps that lead to the conclusion of a contract via the seller's online shop. The conclusion takes place through offer and acceptance.
2.1 Customer Offer
An order is completed by clicking on the "Order with costs" button in the checkout. With the order sent via the website, the customer initially submits a binding contract offer regarding the goods individually specified by him.
2.2 Seller's Acceptance
55 Degrees automatically accepts the customer's order through the shop system. In all cases, receipt of the order will be confirmed immediately. We would like to point out that the mostly automated confirmation of receipt does not already represent an acceptance of the offer to conclude a contract, but is only intended to indicate that the order has been received by 55 Degrees and is being processed.
The purchase contract for the goods only comes into effect when the order is accepted. 55 Degrees is not obliged to accept.
The order will be accepted by 55 Degrees to the extent and by confirming shipment of the goods by email from 55 Degrees.
3. Information about the storage of the contract text and the customer's access option for sales via the online shop
Orders can be checked in the customer account. The general terms and conditions relating to the closed purchase contract are sent to the customer by email.
4. Information on technical means for detecting and correcting input errors when making sales via the online shop
The customer has the option of adjusting the number of goods or the selection of goods by clicking on the garbage can symbol in the shopping cart before completing the order.
5. Information about the languages available for the conclusion of the contract
Only the German language is available for the conclusion of contracts.
