General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Liability for Defects
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law, Place of Jurisdiction
1) Scope
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 regarding the goods and/or services presented by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent 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 their independent professional or commercial activity.
1.3 These GTC apply accordingly to contracts for the transfer of vouchers, unless something expressly different is stipulated in this regard.
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 for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated in the Seller's online shop. After entering their personal data and clicking the button completing the order process, the Customer submits a legally binding contractual offer with respect to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Customer's offer within five days,
- by transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects "PayPal Express" as the payment method during the order process, they also issue a payment instruction to their payment service provider by clicking the button completing the order process. In this case, the Seller hereby declares acceptance of the Customer's offer at the point in time when the Customer triggers the payment process by clicking the button completing the order process, notwithstanding the provisions of clause 2.3.
2.5 The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the submission of the offer.
2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email, fax or letter) together with these GTC after the order has been submitted. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account using the corresponding login details, provided the Customer has created a customer account in the Seller's online shop prior to submitting their order.
2.7 Prior to the binding submission of the order via the Seller's online order form, the Customer may continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed once more in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and communication are carried out by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 The prices quoted by the Seller include statutory VAT and other price components. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 Various payment options are available to the Customer, as indicated in the Seller's online shop.
4.3 If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.
4.4 If the payment method "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the Customer opens a PayPal account or already has such an account.
4.5 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: invoice and instant bank transfer. Payment is made directly to Klarna in each case. Further information and Klarna's terms of use can be found at: https://www.klarna.com/ch/agb/
5) Delivery and Shipping Conditions
5.1 Goods are generally delivered by post to the delivery address provided by the Customer. The delivery address specified in the Seller's order processing is decisive for the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful delivery.
5.3 In general, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer upon handover of the goods to the carrier or upon collection by the commissioned transport person.
5.4 Collection in person is not possible for logistical reasons.
6) Liability for Defects
Statutory liability for defects applies.
7) Redemption of Promotional Vouchers
7.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.
7.2 Individual products may be excluded from the voucher promotion, provided a corresponding restriction follows from the content of the Promotional Voucher.
7.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
7.4 Only one Promotional Voucher can be redeemed per order.
7.5 If the Promotional Voucher relates to a specific monetary value rather than a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
7.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
7.7 The balance of a Promotional Voucher is neither paid out in cash nor does it accrue interest.
7.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their contractual right of withdrawal, where such a right has been agreed.
7.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
8) Redemption of Gift Vouchers
8.1 Vouchers that can be purchased in the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless the voucher states otherwise.
8.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances are credited to the Customer until the expiry date.
8.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
8.5 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
8.6 The balance of a Gift Voucher is neither paid out in cash nor does it accrue interest.
8.7 The Gift Voucher is transferable. The Seller may discharge their obligations with releasing effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of authority to represent the respective holder.
9) Applicable Law, Place of Jurisdiction
9.1 If the Customer acts as a consumer, Swiss law shall apply to all legal relations between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Customer's place of residence.
9.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of residence or business.