Terms and Conditions

Last Update : April 2020 

1 Validity of the General Terms and Conditions of Business

1.1 The website www.kaffeelafinca.de is an offer of Kaffee La Finca UG, Urbanstrasse 4, 10961 Berlin (hereinafter referred to as „Seller“).

1.2 The Seller’s deliveries, services and offers shall be carried out exclusively on the basis of these General Terms and Conditions in the version valid at the time of conclusion of the contract, even if the offer is accessed from outside the Federal Republic of Germany. The Seller does not recognize any conflicting or deviating General Terms and Conditions and hereby expressly contradicts them. Conflicting General Terms and Conditions of the Buyer shall only be taken as a basis for the contract if the Seller expressly agrees to them in writing.

1.3 Buyers can be both consumers and entrepreneurs. According to § 13 BGB, a „consumer“ within the sense of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be ascribed to either a commercial or independent professional activity. Consumers can buy coffee through the online store of the seller, whereas the entrepreneurs must contact the Seller directly.

1.4 An „entrepreneur“ within the sense of the following provisions is to be understood in accordance with § 14 BGB as any natural or legal person who, upon conclusion of a legal transaction, exercises their commercial or independent professional activity.

2 Registration and Conclusion of the Contract

2.1 The Buyer has the option to create a customer account at Kaffee La Finca. However, such a customer account is not a prerequisite for the Buyer to be able to place orders. To create a customer account, the Buyer enters their email address into the registration form, and clicks on „Get a Link“. The Sign In Link Feature avoids to customer to manage password, a link will be sent each time to its email address.

2.2 The listing of products on www.kaffeelafinca.de does not constitute an offer by the Seller to conclude a sales contract. All offers of goods presented by the Seller are subject to confirmation and non-binding.

2.3 The offer of the Buyer to conclude a purchase contract is understood as the sending of the order by the Buyer. By ordering the goods, the Buyer makes a binding declaration that they wish to purchase the ordered goods. The Buyer places an order as follows: after placing the desired goods in the shopping cart and entering the data required to process the order on the next page, and then selecting the payment method on the subsequent page, the final page of the ordering process provides an overview of the order. Here the Buyer has the opportunity to change the order and the information provided and to correct any input errors. By clicking on the „Buy Now“ button, the Buyer submits their order bindingly.

2.4 The contract shall come into effect with the sending of a confirmation of receipt of the order via email.

2.5 As some of the goods are natural, exclusive and limited in availability, the Seller reserves the right to limit the delivery quantities for bulk orders if necessary or to deliver them in multiple packages.

2.6 If a contract has been concluded but ordered items will not be available from the Seller’s supplier in the foreseeable future despite a timely covering transaction, the Seller reserves the right to withdraw insofar from the contract. If the Seller becomes aware of this, he will inform the buyer immediately and refund any payments already made.

3 Delivery, Dispatch and Transfer of Risk

3.1 Cases of force majeure, traffic or operational disruptions, strikes and the like shall lead to an appropriate extension of the delivery period. Should the causes of the delay last longer than four weeks after conclusion of the contract, each party shall be entitled to withdraw from the contract.

 

3.2 If not all ordered items are in stock, the Seller shall be entitled to make partial deliveries at their own expense, insofar as this is reasonable for the Buyer.

 

3.3 Shipping and Return Detail can be found here.

 

4 Right of Withdrawal

 

4.1 Right of Withdrawal

The Buyer has the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a designated third party other than the carrier have taken possession of the last of the goods.

In order to comply with the withdrawal period, it is sufficient that the Buyer sends an email to the Seller concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

Email: kontakt@kaffeelafinca.de

4.2 Consequences of Withdrawal

If the Buyer withdraws from this contract, the Seller will refund all payments that have been received, including delivery charges (other than additional charges if the Buyer chooses a different method of delivery than the cheapest standard delivery offered by the Seller), promptly and no later than fourteen days from the date the Seller received notice of the Buyers withdrawal from this contract. For this refund the Seller will use the same means of payment that the Buyer used for the original transaction, unless expressly agreed otherwise with the Buyer. 

The Seller has the right to withhold reimbursement until it has received the goods back or until it has received proof from the Buyer that it has sent back the goods, what ever is the earliest.

The Buyer is obliged to return or hand over the goods without undue delay and in any event not later than fourteen days from the day on which it communicated its wish for refund, to:

Kaffee La Finca bei Passenger 

Elsenstraße 38,

12435 Berlin

4.3 Exceptions to the right of withdrawal

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:​

  • contracts for the delivery of goods that may spoil quickly or for which the expiration date would quickly be exceeded

  • contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery

 

4.4 Processing of the withdrawal and return costs

In order to facilitate the processing of the withdrawal in accordance with the above Section 4, the Buyer is requested to provide the following information, to the extent possible, with the declaration of withdrawal:

a) the name of the customer
b) the order date
c) the products that they wish to return

The above information is not a prerequisite for the processing of the buyer’s withdrawal.

The Seller bears the shipping costs for returns from Germany provided that the return label supplied by Kaffee La Finca has been used. If the return label supplied by Coffee Circle has not been used, the customer shall bear the direct costs of returning the goods. In the event of a return from a country other than Germany, the customer shall bear the direct costs of returning the goods.

 

More information can be found here​.

5 liability

Kaffee La Finca’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. Kaffee La Finca only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. Kaffee La Finca only has statutory liability where Kaffee La Finca is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfilment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. Kaffee La Finca also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act.

6 Promotional coupons


The following conditions apply to Kaffee La Finca promotional coupons: Kaffee La Finca coupons for goods can be redeemed for all products uploaded on the website unless the redemption of the coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party; such is expressly indicated in either instance.

 

The purchase price of the products ordered must at least equal the value of the coupon, unless otherwise indicated at the time the coupon is issued. Kaffee La Finca coupons for freight costs can be redeemed against the freight costs incurred when ordering products on the website, unless the redemption of coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party.

 

Promotional coupons are provided in the form of codes made available to you personally. Usually, codes expire once they have been used. The period of validity and/or minimum order value or other conditions are determined by Kaffee La Finca and announced as part of the corresponding promotion.

 

In this case, the minimum order value refers to the purchase price, including value-added tax. Only one Kaffee La Finca coupon can be used per order and several coupons may not be combined.

 

If you cancel the purchase of an item for which you have used a coupon, the coupon amount will not be reimbursed and the coupon cannot be used again. This does not apply if you have obtained the coupon directly from Kaffee La Finca against payment.

 

Kaffee La Finca coupons cannot be paid out in cash or attract interest. All coupons are personally issued to a member and cannot be transferred to third parties. Where Kaffee La Finca becomes aware of the transfer of a coupon, Kaffee La Finca reserves the right to declare the corresponding coupon invalid. Where Kaffee La Finca has indicated that the coupon is valid only for new customers, such a coupon will only be issued when a person registers as a member of Kaffee La Finca for the first time. With the exception of a loss of a coupon for which Kaffee La Finca is responsible, Kaffee La Finca does not accept liability for the loss or theft of any coupon.

 

Replacement coupons are only issued when Kaffee La Finca is liable for the loss of the coupon. The shop regulations may contain further conditions or restrictions for the redemption of promotion coupons; alternatively such conditions or restrictions may be indicated when issuing the coupon.

7 Payment

 

7.1 The Seller reserves the right to exclude individual methods of payment from the Buyer. This applies in particular to initial orders or to orders with buyers whose creditworthiness is not guaranteed. In the course of the ordering process, the buyer will be informed about the payment methods available in the individual case.

7.2 The Seller is entitled to offset payments made by the buyer against any existing receivables due from the buyer.

7.3 For their part, the Buyer shall only be entitled to offset if the counterclaim is undisputed, has been legally established or acknowledged in writing by the Seller. The Buyer can only exercise a right of retention if the claims result from the same contractual relationship.

7.4 If the Buyer is in default of payment, interest shall be charged on the purchase price during the default period at a rate of 5% above the applicable base interest rate. The Seller reserves the right to prove and assert a higher damage caused by default.

8 Data Protection

 

All personal data will be treated confidentially in accordance with the provisions on data protection and will only be collected and processed in accordance with the provisions of the GDPR Regulation. Further information can be called up and viewed by the buyer here.

9 Online Dispute Resolution

 

The official platform of the EU Commission for online dispute resolution (ODR platform) can be found here: http://ec.europa.eu/odr

10 Choice of law, place of jurisdiction, severability clause

10.1 All legal relationships between the Seller and the Buyer shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10.2 If the Buyer is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, the registered office of the Seller shall be the agreed place of jurisdiction. The same applies if the Buyer does not have a general place of jurisdiction or domicile in Germany or if the usual place of residence is not known at the time the action is filed.

10.3 Registered Buyers are subject to the following: The Seller reserves the right to amend these Terms and Conditions in the future if it appears necessary to do so and the interests of the Buyer are not unreasonably affected thereby. The necessity of changes may result in particular from the adaptation to changes in legislation and jurisdiction and from a further development of the seller’s services.

Such changes to these General Terms and Conditions shall be made known to the Buyer by email in an appropriate manner and highlighting the changes four weeks prior to the planned effective date of the changes.

At the same time, the Seller shall grant the Buyer a reasonable period of at least four weeks to declare whether they accept the amended General Terms and Conditions. If the Buyer does not raise objections to the amended General Terms and Conditions within this period, calculated from receipt of the email with the announcement, the amended or supplementary General Terms and Conditions shall become legally effective for the Buyer.

 

10.4 Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the relevant statutory provisions.

11 Disclaimer


The user indemnifies Kaffee La Finca against all claims by third parties instituted against Kaffee La Finca  for violating their rights or these GTCs, the shop regulations or laws governing the use of kaffeelafinca.de. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor's fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide Kaffee La Finca with all information that may be required to verify the claims and to defend the case - immediately, truthfully and completely - in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.


12 Copyright and rights of use


The content provided by Kaffee La Finca is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.


13 Concluding conditions


13.1 If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties.

 

13.2 Only the laws of the Federal Republic of Germany will apply, to the exclusion of the UN Convention on the Sale of Goods and any envoi to foreign law. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected.

 

13.3 If you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Germany or in another EU member state, Berlin will be the place of jurisdiction for any disputes arising from this contract.

 

14.4 With the exception of shop regulations, no ancillary agreements have been concluded and any such agreements must be made in written form.