Terms and Conditions
The following terms and conditions also include legal information on your rights for distance contracts and e-commerce.
1. Scope
1.1. For the business relationship between co.hilo kaffeekollektiv eG, Klingenstr. 22 04229 Leipzig (hereinafter “seller”, “we” or “co.hilo”) and the customer (hereinafter “customer”, “buyer” or “you”) apply exclusively the following general terms and conditions (GTC) in the valid version at the time the order is placed.
1.2. You can reach us for questions and complaints from Monday to Friday from 9am to 4pm by phone at +49 (0)15141651990 or via mail at info(at)cohilo(dot)de.
1.3. Consumers in the sense of these GTC means any natural person who enters into a legal transaction for a purpose that can be attributed mostly neither commercial nor its independent professional activity (§ 13 BGB).
1.4. Differing conditions of the customer are not recognized, unless the seller agrees to them explicitly and in writing.
2. Offers and specifications
2.1. The presentation of products in our online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogues and on our website do not have the character of a representation or warranty.
2.2. All offers are “while stocks last”, if not stated otherwise on the product pages. Incidentally errors excepted.
2.3 Payments for coffee subscriptions are due in advance according to the agreed recurring delivery and payment interval. The product is delivered to the customer only after the payment has been received by us. The price for the coffee subscription can be changed two weeks before the next due shipping and payment date, customers will be notified about such changes in advance. These kind of changes to the coffee subscription can be submitted by the customer via email to info(at)cohilo(dot)de and they will be executed in short amount of time by the seller in the system.
3. Ordering and contract
3.1. The customer can choose from the assortment of the seller’s suggested products and collect them via the “add to cart” button in a so-called shopping cart.
3.2. Then the customer can “proceed to checkout” from within the shopping cart by clicking the button at the end of the ordering process.
3.3. By clicking the “Buy” button the customer makes a binding offer to buy the goods in the cart. Before sending the order, the customer can view and change the cart and checkout data at any time. Required fields are marked with an asterisk (*).
3.4 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer or has confirmed the dispatch to the customer with a second e-mail, express order confirmation or sending of the invoice.
3.5 If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 5 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller may withdraw from the contract with the result that the order is no longer valid and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 5 calendar days.
4. Coffee subscription
4.1 In our store, we offer our customers the option of taking out a coffee subscription, i.e. regular delivery.
4.2 To create an individual subscription, the customer can select the desired type of coffee and pack size, the quantity per month and configure the desired delivery interval. Clause 3 et seq. applies accordingly to the conclusion of a subscription. The payments due for a subscription delivery are due for payment on the applicable delivery date.
4.3 With the effective conclusion of a subscription, a permanent delivery relationship is concluded under the agreed conditions. A subscription can be terminated at any time without giving reasons and without a period of notice. The products specified in a subscription and the delivery interval can be freely configured and paused at any time with effect for the future. Adjustments to the products and delivery intervals are possible up to 3 days before the agreed next delivery date.
4.4 Our sales prices may change during an ongoing subscription. If price adjustments affect the sales price of a current subscription, subscription customers will be informed by e-mail. If customers agree to the price adjustment, it will apply to all future subscription deliveries from the time of approval. If customers do not agree to the price adjustment within 10 days, we may terminate the subscription by e-mail without giving reasons.
4.5 In exceptional cases, the type of coffee ordered in a subscription may no longer be available, in particular if it is no longer available or has been removed from the range. In this case, the seller is entitled, after prior notification, to replace the type of coffee concerned with a similar or equivalent type of coffee in the same price category.
5. Prices and Shipping Costs
5.1. All prices listed on our website include the statutory VAT, but do not include costs of packaging, insuring and shipping costs if such arise.
5.2 In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
6. Delivery, product availability
6.1. If there are no copies of the selected product available at the time of the customer’s order, the seller will inform the customer about this fact in the Order Confirmation. If the product is permanently unavailable, the seller will not accept the order. In this case a contract is not concluded.
6.2. If the product the customer has stated in his order is only temporarily unavailable, the seller will immediately inform the customer with the order confirmation. If the delivery is delayed for more than two weeks, the customer has the right to terminate the contract. In that case also the seller is incidentally entitled to withdraw from the contract. Here, the seller will refund immediately the payments the customer may have already given. As far as there is an agreement for payment in advance, delivery is made after the invoice amount has been received.
7. Payment Terms
7.1. The customer can choose during and before completing the ordering process from the available payment methods.
7.2. A payment on invoice is not possible.
7.3. Are third-party responsible for payment processing, for example, Paypal or Stripe, then their GTCs are applicable.
7.4. If the due date of payment is determined by the calendar, the customer is already in default when the deadline has passed. In this case, the customer has to pay default interest amounting to 5 percentage points above the base rate.
7.5. The customer’s obligation to pay default interest does not exclude the sellers’ assertion of further damage caused by delay.
7.6. A right to offset is only to the customer if his counterclaims are legally established or recognized by the seller. The customer can only exercise the right to retain, if the claims are the result from the same contract relationship.
8. Retention of Title
Until full payment the delivered goods remain the property of the seller.
9. Cancellation policy
9.1 The customer has the right to cancel this contract within 14 days without giving reasons.
9.2 The revocation period is 14 days from the day on which the customer or a third party designated by the customer, who is not the carrier, took or has taken possession of the last goods.
9.3 In order to exercise the right of withdrawal, the customer must inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of the decision to withdraw from this contract.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us).
To
co.hilo Kaffeekollektiv eG
Klingenstr. 22
04229 Leipzig
Email: info(at)cohilo(dot)de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/ received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
10. Warranty for defects and guarantee
10.1. The warranty shall be governed by statutory provisions.
10.2 The goods delivered by the seller are only guaranteed if this has been expressly stated.
11. Liability
11.1. For a liability of the seller for damages following disclaimers and limitations are valid, without touching other legal conditions and entitlements.
11.2. The seller has unlimited liability if the damage was caused by intent or gross negligence.
11.3. Furthermore, the seller is liable for the slight negligent breach of obligations, which endangers the purpose of the contract, or for the violation of obligations, the fulfillment of which renders a correct execution of the contract and on whose fulfillment customer regularly relies. In this case, however, seller is liable only for the foreseeable, in the frame of the contract typical damage. The seller is not liable for the slight negligent breach of others than the obligations mentioned in the preceding sentences.
11.4. The above limitations shall not apply to injuries to life, body and health, for a flaw after a guarantee for the quality of the product has been taken and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
11.5. As far as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
12. Storage of Contract
12.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the text of the contract prior to handing in the order to the seller by using the print function of their browser in the last step of the order.
12.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. They can also be viewed on our website. Furthermore, we store the text of the contract, but do not make it accessible on the Internet.
13. Privacy Policy
13.1. The seller shall process personal data of the customer only for appropriate purposes and according to statutory provisions.
13.2. The specified personal information (such as name, email address, mailing address, bank data) which are given for the purpose of ordering goods are used by the seller only for the fulfillment and handling of the contract. These data will be kept confidential and not shared with any third parties other those involved in the ordering, delivery and payment procedures.
13.3. The customer has the right to obtain information about the personal data about him that have been stored by the seller free of charge. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, insofar as there is no legal obligation to retain them.
13.4. For more information about the type, scope, place and purpose of collecting, processing and use of personal data required by the seller can be found in the privacy statement.
14. Jurisdiction, Applicable Law, Contract Language
14.1. Jurisdiction and place of performance is the location of the seller, if the buyer is a merchant, a legal entity under public law or a public law special fund.
14.2. German law applies exclusively, both unless expressly agreed otherwise or if mandatory consumer protection rules are in conflict with such an application.
14.3. Contract languages are German and English.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commision offers a platform for online dispute resolution (ODR) which you can find at https://ec.europa.eu/consumers/odr. We are not obligated nor willing to be part in a dispute resolution procedure by a consumer arbitration service.
