ARTICLE 1. APPLICABILITY
1.1 These terms and conditions are applicable to all agreements with KAFFEEKISS and to all agreements that are the result of this. By pressing the concerning button in the window of the ordering process, all terms and conditions of KAFFEEKISS are accepted.
1.2 Oral statements, promises or agreements are not legally binding, unless confirmed in writing by KAFFEEKISS.
1.3 If one or more provisions in these Terms and Conditions are void or destroyed, the remaining provisions remain in full force.
ARTICLE 2. DEFINITIONS
TERMS AND CONDITIONS: Terms and Conditions KAFFEEKISS.
SPECIAL PROVISIONS: Special provisions KAFFEEKISS – Vendors and roasters, Special provisions – Client (individually or all together).
KAFFEEKISS: KAFFEEKISS, Siegfriedstr.53, 64658 Fürth, Germany registered with the Chamber of Commerce under number 005 237 00295 and VAT number DE361564625, hello@kaffeekiss.com
WEBSITE: The Website https://www.kaffeekiss.com
VENDOR: A natural person or legal entity who wishes to create a Product and offers, or wishes to offer, this Product on the Website.
ROASTER: A natural person or legal entity who wishes to promote a Product through the Subscription Service.
CLIENT: A natural person or legal entity who places an order via the website.
PARTIES: KAFFEEKISS and Client.
PRODUCT: A physical product available to buy that is offered by KAFFEEKISS and is delivered by KAFFEEKISS.
ACCOUNT: The personal profile of a Client, which is created by registering on the Website.
ARTICLE 3. AGREEMENT COFFEE BOX (SUBSCRIPTION, ONE-OFF & GIFT)
3.1 KAFFEEKISS is the entity to accept the orders. KAFFEEKISS enters the agreement with the Client.
3.2 Offers by KAFFEEKISS are entirely without obligation and can be recalled at all times before, and during, and after the creation of the agreement, but only before a delivery is made.
3.3 No activity of KAFFEEKISS may be interpreted as a joint venture, partnership, distribution agreement, representation of agency, or agency relationship agreement between the parties having been established. None of the parties is entitled or authorized to enter agreements regarding liability, debt, cost, or agreements for or on behalf of the other party, unless expressly agreed upon with KAFFEEKISS in writing.
3.4. KAFFEEKISS reserves the right to choose its monthly selection of coffees based on its own set of criteria that may or may not lead to variations in the amount of coffee per bag.
ARTICLE 4. LIABILITY
5.1. KAFFEEKISS accepts limited liability for the quality, conformity, security, lawfulness, integrity, or reliability of the rights and obligations that have sprung from the agreement between KAFFEEKISS and Client, or the different components thereof.
5.2 KAFFEEKISS is not liable for damage that is the result of a non- or improper functioning of a Product and/or the facilities of her service, unless the cause is intent or gross negligence by KAFFEEKISS.
5.4 If KAFFEEKISS is liable as a result of a failure to perform its obligations, which is attributable to her, the liability will be limited to the direct case damage that is in direct connection to the deficiencies attributable to KAFFEEKISS. Liability for any form of indirect or consequential damages is excluded.
5.5 KAFFEEKISS is not liable for failure to perform its obligations from this agreement when the execution of these obligations is hampered or made impossible by a cause that is outside of her reasonable power.
6.6 KAFFEEKISS has the right to (temporarily), without prior notice, put her Website out of order or to limit the usage thereof, or to stop providing the service of KAFFEEKISS without justification and without this providing any right for compensation from KAFFEEKISS.
5.7 It is possible that the Website contains references to Websites of third parties (for example by way of a hyperlink, banner or button). KAFFEEKISS has no say or influence regarding the content and the policy of these Websites. Therefore, KAFFEEKISS is not responsible for the content and methods of these Websites and does not accept any liability for these websites.
ARTICLE 6. FORUM- AND CHOICE OF LAW
6.1 Only the German civil court that is authorized in KAFFEEKISS’S location acknowledges disputes, unless legal regulations oppose this.
6.2 German law is applicable.
SPECIAL PROVISIONS KAFFEEKISS – CLIENT
ARTICLE 1. ACCOUNT
1.1 The Client is, if a natural person, 18 years or older.
1.2 To be able to use the service(s) of KAFFEEKISS, the Client is required to create their own account using the method as described on the Website.
1.3 The Client is liable for all consequences that result from using his account.
ARTICLE 2. PAYMENT
2.1 After placing an order on the Website, KAFFEEKISS will deduct the, on a per-order and/or recurring basis, agreed upon amount stated in the confirmation mail from the bank-account, Paypal account or credit card that has been provided by the Client.
2.2 The agreed upon amount is kept on the account of the payment provider while the Product is offered on the Website.
2.3 All prices on KAFFEEKISS website include VAT (unless the buyer is based outside of the EU). Shipping costs are charged separately and are weight-based.
2.4 KAFFEEKISS reserves the right to adjust its pricing and shipping costs to reflect fluctuations in delivery charges or a change in local taxation.
2.5 KAFFEEKISS offers payment by credit or debit card (VISA, Master Card, American Express), Paypal, iDeal, SEPA Direct debit and more. However, KAFFEEKISS reserves the right to add, cancel or change these payment methods as it sees fit.
ARTICLE 3. DELIVERY, CANCELLATIONS, RETURNS AND DISCOUNT CODES
3.1 KAFFEEKISS accepts returns within 14 days of the items being delivered, however, for health and safety reasons, coffee products can only be returned unopened. If Client wishes to register a return, this must be done via email to hello@kaffeekiss.com with a written explanation of the reason for the return. Returns must be shipped back at Client’s expense.
3.2 To exercise the right to cancel, the Client must inform KAFFEEKISS of the decision to cancel the order by a clear statement through email to hello@kaffeekiss.com. Subscriptions can also be cancelled via the customer’s account page.
3.3 To meet the cancellation deadline, it is sufficient for Clients to send communication concerning the exercise of the right to cancel. KAFFEEKISS offers its clients the opportunity to cancel their subscriptions at any time after a three month period. All orders that have already been charged before the cancellation is received, will still be shipped.
3.4 If the Client cancels an order, KAFFEEKISS will reimburse all payments received from Client, including the cost of delivery. This is only applicable if the Client placed an order by mistake or accidentally chose the wrong product.
3.5 KAFFEEKISS may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the Client.
3.6 KAFFEEKISS will make the reimbursement using the same means of payment as Client used for the initial transaction.
3.7 The Client must inspect the condition of orders upon delivery. If The Client notices that the package has any damages on the outside, he is kindly asked to notify the courier and mark it down on the delivery slip. If an item from an order is faulty or damaged, KAFFEEKISS must be contacted via hello@kaffeekiss.com as soon as possible after receipt of the item, but not later than 48 hours after delivery. The following information must be included in the email:
- The order details: order number, contacts details and date of delivery.
- Information about the faulty or damaged product: product name and description and is wrong with it. If possible, a photo must be included.
- Proof of notification to the courier must also be provided.
3.8 KAFFEEKISS cannot be held accountable for the late delivery of its product in the case of external interference or force majeure.
3.9 KAFFEEKISS offers tracked delivery to all of its customers and ships its orders with UPS.
3.10 KAFFEEKISS does not offer blanket refunds for delayed or undelivered parcels sent via UPS. All transit times are indicative and not legally binding. KAFFEEKISS does not provide refunds for parcels that are still in transit and reviews refund requests for any severely delayed items on a case by case basis. KAFFEEKISS will only consider refund requests after a minimum transit time of 30 working days from date of shipment or if the parcel has been declared lost by the shipping company.
3.11 Should the Client provide an incorrect address during checkout, fail to claim his/her delivery at the local postal office or have moved without notifying KAFFEEKISS, KAFFEEKISS will not provide free return shipping on the same order. If the customer is a subscriber, then the contents of the returned parcel can, following an agreement between KAFFEEKISS and the Client, be returned to the Client at the same cost of the shipment of the next parcel.
3.12 KAFFEEKISS has the right to offer discount codes on all of its products. The discount codes are issued at KAFFEEKISS’s discretion and are intended for single-use by a single individual only. Customers who apply various discount codes at the same time or are found to be using different discount codes for repeated orders can have their orders cancelled in line with this policy.
CONTACT US
KAFFEEKISS, Siegfriedstr.53, 64658 Fürth, Germany registered with the Chamber of Commerce under number 005 237 00295 and VAT numberDE361564625, hello@kaffeekiss.com
Contact:
- Email: hello@kaffeekiss.com