GTC

General Terms and Conditions (GTC)

(as of March 2024)

A. ONLINE SHOP

§ 1 Scope of Application

1.1. The online shop of Turm Kaffee Austria GmbH, registered office: Dr.-Walter-Waizer-Strasse 1a, 6130 Schwaz (hereinafter referred to as the “Seller”), operates the website www.backup-shop.turmkaffee.ch and offers goods in the categories of coffee and tea. Delivery is available exclusively to Germany and Austria.

1.2. The following terms and conditions apply to contractual relationships with buyers who either
– conclude the transaction as consumers, i.e. natural persons acting for purposes predominantly outside their trade or independent professional activity (consumer transaction), or
– conclude the transaction as entrepreneurs, i.e. natural or legal persons or legally capable partnerships acting in the course of their commercial or independent professional activity (business transaction).

1.3. Any deviating terms, supplements or amendments submitted by buyers acting as entrepreneurs shall only be binding if expressly confirmed in writing by the Seller.

§ 2 Conclusion of Contract

2.1. The Seller’s offer is binding. By submitting an order, the purchase contract becomes legally binding for the buyer.
By clicking the button “zahlungspflichtig bestellen” (“order with obligation to pay”), the buyer agrees to the applicability of these General Terms and Conditions.

2.2. The buyer will receive an order confirmation by email immediately after placing the order. This confirmation includes the buyer’s details, the ordered goods, and the General Terms and Conditions in text form.
Subsequently, the buyer will receive a further email containing the cancellation policy and the cancellation form in text form. Reference is made to § 6, clause 6.1 of these GTC. Alternatively, the cancellation form can be downloaded via the following link:
https://backup-shop.turmkaffee.ch/widerrufsbelehrung

2.3. The buyer may correct any input errors during the ordering process before final submission. Any errors identified in the order confirmation should be reported to the Seller immediately by email. The Seller will correct the data and resend the confirmation.

2.4. The buyer will be notified by email once the goods have been dispatched.

2.5. Goods are shipped to the address provided by the buyer during the ordering process, unless otherwise agreed. Only the address entered in the Seller’s ordering system is relevant for delivery.

2.6. If delivery fails because the buyer is unable to accept the shipment and the carrier returns the goods to the Seller, the buyer shall bear the costs of the failed delivery. This does not apply if the buyer is not responsible for the failed delivery or was temporarily prevented from accepting the delivery, unless the Seller had announced the delivery within a reasonable period in advance.
If the buyer validly exercises the right of withdrawal, the buyer does not bear the cost of the original outbound shipping. The allocation of return shipping costs is governed by the Seller’s cancellation policy.

§ 3 Prices and Payment Methods

3.1. All prices include the statutory value-added tax applicable on the date of invoicing. A flat shipping fee of EUR 3.00 is charged per order for orders with a total value below EUR 40.00. Orders with a total value of EUR 40.00 or more are shipped free of charge.

3.2. The available payment methods are limited to PayPal, credit card and pay direct.

§ 4 Retention of Title

4.1. The goods remain the property of the Seller until full payment has been received.

4.2. In the event of default in payment, the Seller is entitled to withdraw from the contract and reclaim the goods.

§ 5 Obligations of the Seller / Warranty for Defects / Limitation Period

5.1. Upon receipt of an order, the Seller promptly checks the availability of the ordered goods. If the goods are unavailable in whole or in part, the buyer will be informed immediately. In such cases, the Seller reserves the right to withdraw from the contract. Any consideration already received will be refunded without delay.

5.2. The Seller stores the contract text after conclusion of the contract and makes it available to the buyer upon request.

5.3. The Seller is obliged to deliver goods free from defects. The buyer is entitled to the statutory warranty rights.
As coffee and tea are natural products, deviations in colour or form from the images shown in the online shop or variations between individual deliveries do not constitute a defect.

5.4. Warranty claims expire two years after delivery of the goods, unless the Seller has fraudulently concealed a defect. For buyers acting as entrepreneurs, the limitation period is one year.

5.5. Liability for personal injury (injury to life, body or health) remains unaffected and unlimited.

§ 6 Right of Withdrawal for Consumers / Exclusions

6.1. If the contract is concluded with a consumer, the buyer has a statutory right of withdrawal. Details are governed by the cancellation policy, which is provided to the buyer in text form before and after conclusion of the contract.

6.2. In the event of a valid withdrawal, the Seller may refuse to refund the purchase price until the goods have been returned or the buyer has provided proof of return.

§ 7 Complaints Procedure / Alternative Dispute Resolution

Both the buyer and the Seller may access an out-of-court dispute resolution procedure for disputes arising from online purchase transactions.

The European Commission provides a platform for online dispute resolution (ODR), which serves as a point of contact for the out-of-court resolution of disputes arising from online sales contracts. The platform is available at:
https://ec.europa.eu/consumers/odr

If a dispute cannot be resolved, the buyer will receive a separate email informing them whether the Seller is willing to participate in a conciliation procedure and outlining the next steps.

§ 8 Applicable Law

All legal relationships between the parties are governed by Austrian law, excluding the provisions of international sales law. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protections afforded by the law of their country of habitual residence.

B. ADDITIONAL TERMS FOR EVENTS AND COURSES

§ 9 Registration

Registration for events or courses must be made in writing (e.g. by letter, email or directly online via the platform of Turm Kaffee Austria GmbH at www.backup-shop.turmkaffee.ch) and will be confirmed by email upon receipt.

§ 10 Registration Deadline

As a rule, registration closes one week before the start of the event or course.

§ 11 Event and Course Delivery

After the registration deadline, Turm Kaffee Austria GmbH will decide whether the event or course will take place based on the number of registered participants (minimum number of participants). Turm Kaffee Austria GmbH reserves the right to cancel events if the minimum number of six participants is not reached or if the event cannot be held due to force majeure.
In such cases, payments already made will be refunded or, at the customer’s request, credited toward another course offered on www.backup-shop.turmkaffee.ch.

§ 12 Fees and Payment Terms

Participation fees are stated in the respective course or event descriptions.
Payment methods are limited to PayPal, credit card and pay direct. The course confirmation will be sent no later than one week before the start of the event or course.

§ 13 Cancellation, Withdrawal or Early Termination

Cancellations must be submitted by email to info@turmkaffee.at or by telephone at +43 5242 210 50. Unless otherwise stated in the event description or confirmation, the following conditions apply:

• No cancellation fee is charged up to one month before the start of the event or course.

• Up to one week before the start, a cancellation fee of EUR 100.00 will be charged.

• For cancellations up to three days before the start, 50% of the event or course fee will be charged, but not less than EUR 100.00.

• For cancellations received less than one day before the start, non-attendance, or early termination, no refund will be granted.

§ 14 Data Protection

The Seller’s data protection policy is available in the shop under the separate menu item “Datenschutz”.