General Terms and Conditions for Customers of Drip Coffee GmbH
These General Terms and Conditions (GTC) apply to all goods orders from Drip Coffee GmbH, Jurastrasse 19, 3013 Bern and are binding. Any other conditions are only valid if they have been expressly agreed in writing between Drip Coffee GmbH and the buyer. All agreements and legally relevant declarations by the contracting parties must be in writing in order to be valid. The GTC apply to every order in the version published on the website at the time of the order. The terms and conditions are subject to change at any time.
2. Contract Area
Relevant law for orders is the law applicable in Switzerland, place of jurisdiction is Bern. Buyers accept that an order placed with Drip Coffee GmbH constitutes a contract under Swiss law.
The prices of Drip Coffee GmbH listed on the website are in Swiss Francs including VAT, unless otherwise noted.
Drip Coffee GmbH charges the customer the shipping costs calculated for each order.
Only payments by credit card or the means of payment explicitly stated in the online shop. Payment is made in Swiss francs.
If the ordered goods are paid for by credit card (Stripe or via), by PayPal (PayPal's general terms and conditions apply here) or by invoice (payment period 10 days). When paying by invoice, Home Barista GmbH reserves the right to carry out a credit check before sending the order.
Delivery takes place after payment has been made and with the optimal shipping method determined by Drip Coffee GmbH for the respective article. There is no entitlement to immediate delivery. The shipping costs are shown per order and calculated in the order process based on the delivery address entered. There is also more information about shipping costs here.
6. Delivery Period
The delivery period begins with the acceptance of the order by Drip Coffee GmbH. If possible, delivery is immediate, but depends on operational and product-specific circumstances.
The delivery period is extended appropriately:
- if the information required for the execution of the order is subsequently changed.
- If there are obstacles that Drip Coffee GmbH cannot avoid despite taking the necessary care, regardless of whether they arise at Drip Coffee GmbH, the customer or a third party. Such obstacles are acts of God, such as epidemics, mobilization, war, riots, significant operational disruptions, accidents, labor disputes, late or incorrect delivery of the required raw materials, semi-finished and finished products, rejection of important workpieces, official measures or omissions, natural events.
Drip Coffee GmbH assumes no liability for damage or claims due to late deliveries.
7. Checking and Acceptance of the Delivery
The customer must check the delivery within 8 days of receipt and notify Drip Coffee GmbH of any defects immediately in writing. If he fails to do so, the deliveries are considered approved.
Drip Coffee GmbH is not liable for damage in transit and damage resulting from improper storage of the goods after they have been taken over by the customer or his assistants.
8. Right of Withdrawal and Return
In principle, there is no entitlement to the cancellation of an order and a refund of the sales price. However, if the goods are returned in their original packaging, unopened and in perfect condition at their own shipping costs within 14 days after the order has been dispatched, Drip Coffee GmbH agrees to refund the sales price including VAT less any discounts or price reductions that may have been made without shipping costs. Drip Coffee GmbH reserves the right to check the goods and, depending on the assessment, not to refund the sales price. In this case there is no entitlement to the new delivery of the goods. Drip Coffee GmbH assumes no additional shipping costs. If a product does not meet the high quality standards of Drip Coffee GmbH, the net sales price will be refunded after receipt of the goods.
If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity) and is resident in the EU, the customer has a right of withdrawal in accordance with the statutory provisions. If the consumer exercises his right of cancellation, which is valid within 14 days of taking possession of the goods without giving a reason, he must bear the full cost of the return.
In this case, the customer must inform Drip Coffee GmbH of the decision by means of a clear statement (e.g. a letter sent by post or an email to firstname.lastname@example.org with confirmation of receipt from Drip Coffee GmbH) Revoke contract, inform.
To meet the cancellation deadline, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period expires. If the delivery is delayed or if the notification is not received, the order cannot be considered canceled.
If a contract is revoked, Drip Coffee GmbH will transfer all amounts of money received from the customer, including the delivery costs stated on the Drip Coffee GmbH website for delivery to the EU, within 14 days of receipt of the revocation notice. For this repayment, Drip Coffee GmbH will, if possible, use the same means of payment that was used in the original transaction, unless expressly agreed otherwise or it is not practicable. Drip Coffee GmbH assumes no bank or payment fees. Drip Coffee GmbH can refuse repayment until the goods have been returned or until proof is provided that the goods have been returned, whichever is the earlier.
The goods are to be returned or handed over to Drip Coffee GmbH immediately and in any event within 14 days from the day on which the contract was revoked. The deadline is met if the goods are dispatched before the period of fourteen days has expired. The customer bears the cost of returning the goods.
The right of withdrawal does not exist for contracts:
- (a) for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and
- b) contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded. This can be the case with coffee, depending on the roasting and delivery date.
9. Warranty and Liability
Drip Coffee GmbH guarantees that the products it delivers are free from manufacturing and material defects. If the products are defective, there is a warranty period of 6 months after delivery. The customer must provide proof of the date of purchase by presenting proof of purchase. The warranty and liability of Drip Coffee GmbH excludes damage that has arisen due to improper handling or cannot be demonstrated as a result of poor material, faulty construction, poor execution or other reasons for which Drip Coffee GmbH is not responsible. All cases of breaches of contract and their legal consequences, as well as all claims of the customer, regardless of the legal reason for which they are made, are finally regulated in these conditions. In particular, all claims for compensation, reduction, change, cancellation of the contract or withdrawal from the contract are not expressly mentioned. Liability for consequential damage is excluded insofar as this does not conflict with mandatory provisions on product liability law or other applicable law.
10. Disclaimer of Liability
Drip Coffee GmbH assumes no liability for the content of websites to which reference is made or linked pages (hyperlinks). This also applies to e-mail messages (e.g. newsletters) sent by Drip Coffee GmbH, which contain references (hyperlinks) from other websites.
11. Data Protection
The protection of your data is very important to us. All personal data is treated confidentially. Data necessary for business processing is stored and, if necessary, forwarded to affiliated companies as part of the order processing. Address data can also be used for advertising purposes, whereby this use of the data can be objected to at any time. You can find our complete data protection guidelines here.
12. Applicable Law
This contract is subject to Swiss law.
13. Place of Jurisdiction
The place of jurisdiction is Bern.