1. Scope of Application

1.1. The following General Terms and Conditions apply exclusively to the business relationship between Direct Coffee e.U , owner: Sergio Velasquez , Markgraf-Rüdugerstraße 7/27 1150 WIEN (hereinafter referred to as “Seller”) and the customer in their valid version at the time of ordering.

1.2. You can reach our customer service for questions, complaints, and objections on weekdays from 9:00 am to 5:00 pm at the telephone number +43 676 794 55 13, as well as by email at info@directcoffee.eu.

1.3. Consumers within the meaning of these terms and conditions are any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity (§ 13 BGB). 1.4. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.

2. Offers and Service Descriptions

2.1. The presentation of products in the online shop does not constitute a legally binding offer but a request to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.

2.2. All offers are “subject to availability” unless otherwise stated with the products. Errors excepted.

3. Ordering Process and Conclusion of Contract

3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the [Add to Cart] button. The customer can then proceed to complete the ordering process within the shopping cart by clicking the [Proceed to Checkout] button.

3.2. By clicking the [Buy Now] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Mandatory information is marked with an asterisk (*).

3.3. The seller will then send the customer an automatic order confirmation by email, which lists the customer’s order again and can be printed out using the “Print” function (order confirmation). The automatic order confirmation merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller ships, hands over, or confirms the shipment to the customer within 4 working days by a second email, explicit order confirmation, or sending of the invoice.

4. Prices and Shipping Costs

4.1. All prices stated on the seller’s website include the applicable statutory value-added tax.

4.2. In addition to the prices indicated, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and within the ordering process.

5. Delivery, Product Availability

5.1 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense as far as this is reasonable for the customer.

5.2. If the delivery of the goods fails despite three delivery attempts due to the customer’s fault, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier without his own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish the delivery of a comparable product, the seller will immediately refund any services already rendered to the customer.

6. Payment Methods

6.1 The customer can choose from the available payment methods during the ordering process. Customers will be informed about the available payment options on a separate information page

6.2. If third-party providers are entrusted with the payment processing, such as PayPal, their general terms and conditions apply.

6.3 If the payment is due on a specific date, the customer is in default by missing the deadline. In this case, the customer must pay the statutory default interest.

6.4. The customer’s obligation to pay default interest does not exclude the seller from claiming further damages due to default.

6.5 The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of Title

7.1. The delivered goods remain the property of the seller until full payment has been received.

8. Warranty and Guarantee

8.1. Warranty claims are determined by statutory provisions.

8.2. A guarantee is provided for goods delivered by the seller only if expressly stated. ( For example roasting day ) Customers will be informed about the guarantee conditions before initiating the ordering process.

9. Liability

9.1. Without prejudice to other legal prerequisites for claims, the seller’s liability for damages is subject to the following exclusions and limitations.

9.2. The seller is fully liable in cases of intent or gross negligence.

9.3. Furthermore, the seller is liable for the negligent breach of essential duties, the fulfillment of which is crucial for the proper execution of the contract and on which the customer regularly relies. In such cases, the seller is only liable for foreseeable, contract-typical damages. The seller is not liable for the negligent breach of obligations other than those mentioned in the preceding sentences.

9.4. The above liability exclusions and limitations do not apply in case of injury to life, body, and health, for defects after assuming a guarantee for the product’s condition, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. If the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

10. Storage of the Contract

10.1. The customer can print out the contract text before submitting the order by using the print function of their browser in the last step of the ordering process.

10.2. Additionally, the seller will send the customer an order confirmation with all order details to the email address provided by the customer. The customer will also receive a copy of the terms and conditions and information about shipping costs, delivery, and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the Internet.

11. Data Protection

11.1. The seller processes personal data of the customer for specific purposes and in compliance with legal regulations.

11.2. Personal data provided by the customer for the purpose of ordering goods (such as name, email address, address, payment information) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties not involved in the ordering, delivery, and payment process.

11.3. The customer has the right, upon request, to obtain free information about the personal data stored by the seller. In addition, the customer has the right to correction of incorrect data, blocking, and deletion of their personal data, as long as there is no legal obligation to retain such data.

11.4. Further information about the type, scope, location, and purpose of the collection, processing, and use of the necessary personal data by the seller can be found in the privacy policy.

12. Jurisdiction, Applicable Law, Contract Language

12.1. The place of jurisdiction and performance is the seller’s place of business if the customer is a merchant, legal entity under public law, or special fund under public law.

12.2. The contract language is English, German and Spanish.

Alternative dispute resolution according to Article 14(1) of the ODR Regulation and Section 36 of the VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.