Terms of service
§ 1 Scope
(1) These General Terms and Conditions apply to all orders placed by consumers and business customers through the online shop operated by:
Chiraku GmbH
Bismarckstraße 147
28203 Bremen
Email: info@chiraku-coffee.de
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 of the German Civil Code, BGB).
(3) A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession (§ 14 of the German Civil Code, BGB).
(4) Any differing terms and conditions of the customer shall not apply unless their application has been expressly agreed to in writing.
§ 2 Contracting Party
The purchase contract is concluded with Chiraku GmbH.
§ 3 Formation of the Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
(2) By clicking the “Buy now” button or an equivalent button, the customer submits a binding offer to enter into a purchase contract.
(3) After placing an order, the customer receives an automatic acknowledgement by email. This acknowledgement of receipt does not constitute acceptance of the contractual offer.
(4) The purchase contract is only concluded when:
- a shipping confirmation is sent; or
- the goods are delivered.
(5) If any ordered products are unavailable, we will inform the customer without undue delay. Any payments already made will be refunded.
§ 4 Contract Language and Storage of the Contract Text
(1) The language of the contract is German.
(2) We store the contract text. The order details and these General Terms and Conditions will be sent to the customer by email. Customers who have an account can view previous orders in their customer account.
§ 5 Prices
(1) All prices are stated in euros and include statutory VAT.
(2) Any additional shipping costs will be clearly displayed to the customer before the order is placed.
§ 6 Delivery
(1) Goods will be delivered to the delivery address specified by the customer.
(2) Delivery times are as stated in the online shop.
(3) Partial deliveries are permitted insofar as they are reasonable for the customer.
(4) If goods are made available for collection at the customer's request, they must be collected within ten days of notification that they are ready for collection. If the goods are not collected within this period, we reserve the right to cancel the order and refund any payments already made.
(5) For consumers, the risk of accidental loss of or accidental damage to the goods passes to the customer only when the goods are handed over to them.
§ 7 Payment Terms
We accept the payment methods offered in the online shop.
These include, in particular:
- Shopify Payments
- Credit card
- PayPal
- Apple Pay
- Google Pay
- Shop Pay
Where payment in advance is offered, the invoice amount must be paid within seven calendar days of the conclusion of the contract.
§ 8 Retention of Title
The goods delivered remain our property until payment has been received in full.
§ 9 Statutory Rights in Respect of Defects
The statutory rights in respect of defective goods apply.
§ 10 Coffee as a Natural Product
Our coffees are natural products.
The harvest year, growing region, climatic conditions and roasting process may result in natural variations in aroma, flavour, colour, bean appearance and moisture content. Such variations typical of the product do not constitute a defect.
§ 11 Liability
(1) Our liability is unlimited:
- in cases of wilful misconduct;
- in cases of gross negligence;
- for death, personal injury or damage to health; and
- under the provisions of the German Product Liability Act.
(2) In the event of a breach of essential contractual obligations caused by slight negligence, our liability is limited to foreseeable damage typical of the contract.
(3) In all other cases, liability is excluded to the extent permitted by law.
§ 12 Vouchers
(1) Vouchers may only be redeemed in the online shop.
(2) Vouchers cannot be redeemed for cash.
(3) Vouchers cannot be applied retrospectively to orders that have already been placed.
(4) Promotional offers and voucher codes generally cannot be combined unless otherwise stated in the relevant promotion.
(5) Gift vouchers are valid for three years from the date of issue.
(6) In the event of withdrawal, a gift voucher purchased for payment will be taken into account in accordance with statutory provisions. Promotional and discount vouchers will not be refunded.
§ 13 Right of Withdrawal
Consumers have a statutory right of withdrawal of 14 days.
Details of the right of withdrawal, the effects of withdrawal and the model withdrawal form can be found in our separate withdrawal policy.
§ 14 Applicable Law
The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they habitually reside.
§ 15 Final Provisions
If any provision of these General Terms and Conditions is or becomes wholly or partially invalid, the validity of the remaining provisions shall remain unaffected to the extent permitted by law.