Terms and Conditions (GTC)
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1. Scope
1.1 These terms and conditions of MelCoffeeLuwak (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") mwith the seller regarding the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unlesssomething else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 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 their self-employed 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.
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2. Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.
2.3 The seller can accept the customer's offer within five days,
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by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
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by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
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by asking the customer to pay after placing his order.
2.4 If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.6 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again 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.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
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3. Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.2 We will refund the full amount of the order or, in the case of a partial cancellation, the amount of the article as soon as we have received the goods. The buyer bears the return costs. Please note that we cannot grant a right of withdrawal for groceries such as coffee.
3.3 If the goods are damaged or lost when they are returned, the seller is entitled to demand compensation from the buyer for the depreciation.
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4. Prices and payment terms
4.1 The prices quoted by the seller include statutory value added tax and other price components. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The customer has various payment options available, which are specified in the seller's online shop.
4.3 The seller reserves the right to change or adjust prices and discounts without prior notice. The price at the time the contract was concluded applies.
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5. Delivery and shipping terms
5.1 Goods are regularly delivered to the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. If the delivery and billing address are not identical, you can define this during the order or in the customer account. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If one or more items are not available in stock and were not marked as "not in stock" in the online shop, a message will be sent to the customer, the goods will be delivered immediately or refunded in full.
5.3 As a shipping partner, the seller works with Swiss Post as a shipping service provider. The seller hands over the parcels to Post AG. The seller cannot be held responsible for delays in delivery caused by Post AG (traffic jams, storms, delivery problems). The seller endeavors to deliver the deliveries as quickly as possible. In the event of delays, the seller can be contacted as an intermediary between the customer and Post AG.
5.4 The seller offers various shipping methods, which can be selected in the checkout or in the customer account.
5.5 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
5.6 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are dispatched or handed over to the person commissionedtransport person over.
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6. Liability for defects
The statutory liability for defects applies, whereby food products are excluded from the guarantee. The customer reports obvious defects no later than 2 days after receipt of the delivery, defects discovered later at the time of discovery. Otherwise the goods are considered accepted.
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7. Redemption of gift certificates
7.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
7.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
7.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
7.4 Multiple gift vouchers can be redeemed for one order.
7.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
7.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
7.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
7.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
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8. Pictures and product descriptions
The seller strives to always display current product images. In individual cases, product images may differ from the actual product. The product descriptions can be derived from original product texts. The product descriptions are truthful and described according to the motto "to convey authenticity" and after own testing.
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9. Copyright
We reserve the copyright and sole use. This applies to platforms such as the online shop and social media channels or advertising measures operated by the seller. The content, texts and illustrations are protected by copyright unless they are owned by third parties. The copying of texts and illustrations requires written consent.
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10. Liability
Any claims of the customer against the seller that are not related to the ordered goods are excluded, regardless of the legal reason. This also applies to the seller's assistants or vicarious agents.
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11. Privacy
When collecting, processing and using data relating to individuals or companies, the seller adheres to the provisions of Swiss data protection legislation.
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12. Jurisdiction
All obligations arising from these contractual relationships are subject exclusively to Swiss law. Place of performance and sole place of jurisdiction is Ipsach (Switzerland).
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13. Severability Clause
Should a provision in these General Terms and Conditions be or become invalid, this shall not affect the validity of all other provisions of the General Terms and Conditions. Any void or invalid provision will be replaced by a provision that corresponds to the meaning and purpose of these GTC.
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14. Changes to the terms and conditions
We reserve the right to make changes to the general terms and conditions of the MelCoffeeLuwak online shop at any time. The legally valid version is published on the website.
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