PRIVACY POLICY and TERMS AND CONDITIONS of About Coffee GmbH
>> In general: the simplest and fastest way is an email to office@coffeepirates.at and we’ll react as fast as possible to your needs and requests – thank you very much.
>> die deutsche Version der Datenschutzerklärung findest Du weiter unten…
Aber generell: Der einfachste und schnellste weg ist ein E-Mail an office@coffeepirates.at und wir reagieren so schnell wie möglich auf Deine Anliegen und Wünsche – Herzlichen Dank
Use and Disclosure of Personal Information
Updated on the 24th of May 2018
PRIVACY POLICY
In this privacy statement, you will read how we handle the personal information that we collect via the forms on www.coffeepirates.at or via e-mail. You will be informed about the specific data that we collect and how we process and use this information, and why we gather the personal data. If you have an additional question about our privacy policy, please email us with any question you might have office@coffeepirates.at
This privacy policy addresses the following subjects:
• User data
• Data collection
• Use of information
• Protection of personal data
• Profiling
• Links to other websites
• Beacons, tags, and scripts
• Analyzing and log files
• Applicants
• Witnesses
• Privacy shield
• Access and privilege to alter or delete personal information
• Right to view data
• Right of rectification
• Right to delete personal data
• Right to put restraints on data processing
• Right to object
• Right to withdraw permission
• Refusal of unreasonable nature
• Storage of personal data
• Future adjustments in this privacy statement
• Questions
User Data
About Coffee GmbH respects the privacy of her customers and the privacy of their personal data. You retain all rights on the data that you entrust to us. Personal data that is submitted is safely stored and protected in a secure environment. We will not sell your data or lease and will only use it for the purposes that are stated in this privacy policy.
Data collection
We collect email addresses and other personal data (for instance; first name, last name, email address) of those that interact with us (via email communications). The following personal data could be requested via the forms on our website, web shop or email:
• first name
• last name
• email address
• phone number
• company website
• country
• city
• address
• company
• questions or inquiries
We also collect user behavior on our website (page visits) to be more relevant in our marketing messages. When collecting user behavior, we collect the following information:
• IP Address
• GEO Location
• Browser data
As About Coffee GmbH, we have partners that offer services that help us in our book keepings, delivery, marketing activities and payment service. Partners include our marketing automation provider and website/marketing agency. These companies are competent to handle personal data.
Use of information
We use personal data to deliver you the requested services; personalized emails, updates, forms, documents, and reports. We use your personal data to analyze, optimize and improve our website. We may use third-parties to help us with the processing of personal information and we expect these parties to comply with our privacy policy, and to take all measurements to secure personal data. We may use your personal data to analyze and solve technical problems that may afflict our website. We use, non-traceable, statistical aggregated data about the usage of our website and share it with third-parties (Google Analytics), to prove our added value and to improve our services to visitors.
The information we gather will not be shared or sold to other companies for commercial purposes. It will only be used for the services that you requested. Personal data will only be shared when:
• the law demands it for legal purposes
• when sharing is necessary to ensure our rights, your safety, the safety of others, to expose fraud, or when authorities request it
• we must share personal information with government/authorities when they legally request this, and if it legal requirements benefit national security or law enforcement
Protection of personal data
We value the protection of your personal data. The software, tools, and systems that we use, are all secured and comply with the current laws. The measurements that we take to ensure this:
• Usage of unique access codes and passwords to our databases
• No usage of unprotected external hard drives
• No usage of unprotected electronic backups
Profiling
We profile users that have been identified by their email addresses and IP addresses. The profile that we build is based on roaster segmentation and user behavior on our website. The personal data that we may collect, are collected via the forms that you find on our website. We use profiling to send you relevant information at the right time. We are convinced that profiling gives us the right tools to serve you according to your interests. If you do not wish to be profiled, then please email office@coffeepirates.at with the request to cease profiling.
Links to other websites
Our website includes links to other websites that might use alternative privacy policies that deviate from About Coffee GmbH. If you submit personal data on these websites, then your data will be processed, stored and used according to their privacy policy. Please review these privacy policies before submitting personal data.
Beacons, tags, and scripts
We use beacons, tags and scripts to; analyze our marketing activities, to improve our services, to view user behavior, and to analyze demographic data. We may receive reports that are based on these technologies of these providing companies – on individual and aggregated levels.
Users can arrange their cookie settings via their browsers. When you decide to block cookies, you can still make use of our website, but some functions may be limited.
Analyzing and log files
Like most websites, we collect certain information automatically and store this in our log files. Information includes IP addresses, browser types, internet service providers (ISP’s), redirecting pages, last visited pages, date and time stamp, and search history.
We use this aggregated information to analyze trends, user behavior and to view demographic information, with the goal of improving our website. Some of the aggregated collected data is linked to personal data. Through this, we can ensure a better user experience.
Applicants
Applicants submit personal data during an application. About Coffee GmbH collects and processes this data via the application form on the website. Data includes first name, last name, email address, phone number, country, city, C.V., and motivation letter. We may collect applicant data through personal contact, phone calls, and email.
About Coffee GmbH uses the data during the application period. Afterward, data is kept for 1 year and is then deleted. When the applicant submits the application form, the comply with our privacy policy.
Witnesses
We use customer testimonials on our website and through other communications. The personal information is published with their full consent. If the person wished to delete the personal information, they need to contact office@coffeepirates.at
Access and privilege to alter or delete personal information
The GDPR gives you privacy rights that must be acted on within 30-days if you address these to About Coffee GmbH. You can use your rights in the following manner:
Right to view data
You can send us a request to view all your personal data that we own. Send your request to office@coffeepirates.at. Please use the email address that is stored in our database as a reference.
Right of rectification
You can send us a request to change any submitted personal data. Send your request to office@coffeepirates.at. Please use the email address that is stored in our database as a reference.
Right to delete personal data
You can send us a request to delete all your personal data that we own. Send your request to office@coffeepirates.at. Please use the email address that is stored in our database as a reference. You could also opt-out through our opt-out link found in every email.
Right to put restraints on data processing
You can send us a request to put restraints on the processing of your personal data. Send your request to office@coffeepirates.at. Please use the email address that is stored in our database as a reference.
Right to object
You can object to the use and processing of your personal data. Send your request to office@coffeepirates.at. Please use the email address that is stored in our database as a reference.
Right to withdraw permission
If you granted About Coffee GmbH permission to use your data for marketing purposes, you can withdraw this at any time. Send your request to office@coffeepirates.at.
Refusal of unreasonable nature
When we receive a request that regards personal information, we ask users to identify themselves before we alter or delete. We also hold the right to refuse requests that are unreasonably repetitive or systematic, require unreasonable technical effort, that endangers the privacy of others, or requests that are not practical in any sense.
Storage of personal data
We store your personal data as long as you need our services, with a maximum of 2 years, with exception of information that is necessary to comply with legal obligations. Users that are inactive (not opened an email, didn’t visit the website) for 365 days will be deleted from our database.
Future adjustments in this privacy statement
We will adjust our privacy policy if we change our information infrastructure. If we make significant changes, we will update you by email (this updated privacy policy will be sent to the email address that is known in our database). We advise you to view our privacy policy update one in a while.
Questions
Questions about this privacy policy can be sent to office@coffeepirates.at, or by post:
About Coffee GmbH
Spitalgasse 17, 1090 Wien, Austria
Datenschutzerklärung
Die Nutzung des Internetangebotes von „About Coffee GmbH“ ist, soweit möglich, stets ohne Angabe personenbezogener Daten möglich. Folgende Daten werden von uns gespeichert bzw. ausgewertet:
Kontaktformular
Personenbezogene Daten werden nur zum Zwecke der Bearbeitung und Durchführung eines Auftrags erhoben, gespeichert und verarbeitet. Sie werden streng vertraulich behandelt und insbesondere nicht an Dritte, die außerhalb der Vertragsabwicklung stehen, weitergegeben.
Newsletter
Damit Sie sich für unseren Newsletter über unsere Webseite anmelden können, benötigen wir neben Ihrer datenschutzrechtlichen Einwilligung mindestens Ihre E-Mail-Adresse. Diese wird für keine anderen Zwecke als den Versand der Newsletter verwendet. Etwaige weitere Angaben sind freiwillig und werden verwendet, um Sie persönlich ansprechen und den Inhalt des Newsletters für Sie zu personalisieren sowie ggf. Rückfragen zu der E-Mail-Adresse klären zu können. Für den Newsletterversand verwenden wir das sog. Double-Opt-In-Verfahren, d. h. wir werden Ihnen erst dann den Newsletter zusenden, wenn Sie zuvor Ihre Anmeldung über eine Ihnen zu diesem Zweck zugesandte Bestätigungs-E-Mail per darin enthaltenem Link bestätigen. Die Abmeldung vom Newsletter ist jederzeit möglich.
Cookies
Das Internetangebot von uns verwendet teilweise Cookies, bei denen es sich um kleine Textdateien handelt, die auf dem Rechner des Nutzers abgelegt werden. Die meisten der verwendeten Cookies sind sog. „Session-Cookies“. Sie werden nach Ende des Aufrufs des Internetangebots automatisch gelöscht. Selbstverständlich kann das Internetangebot auch ohne Cookies betrachtet werden. Um das Speichern von Cookies zu verhindern, muss in den Browser-Einstellungen „keine Cookies akzeptieren“ ausgewählt werden. Wenn keine Cookies vom Browser akzeptiert werden, kann der Funktionsumfang des Internetangebots von golluecke-rothfos.de allerdings eingeschränkt sein.
Google Analytics
Diese Website benutzt Google Analytics, einen Webanalysedienst der Google Inc. („Google“).
Google Analytics verwendet sog. „Cookies“, Textdateien, die auf Ihrem Computer gespeichert werden und die eine Analyse der Benutzung der Website durch Sie ermöglichen. Die durch den Cookie erzeugten Informationen über Ihre Benutzung dieser Website werden in der Regel an einen Server von Google in den USA übertragen und dort gespeichert. Im Falle der Aktivierung der IP-Anonymisierung auf dieser Webseite, wird Ihre IP-Adresse von Google jedoch innerhalb von Mitgliedstaaten der Europäischen Union oder in anderen Vertragsstaaten des Abkommens über den Europäischen Wirtschaftsraum zuvor gekürzt. Nur in Ausnahmefällen wird die volle IP-Adresse an einen Server von Google in den USA übertragen und dort gekürzt. Im Auftrag des Betreibers dieser Website wird Google diese Informationen benutzen, um Ihre Nutzung der Website auszuwerten, um Reports über die Websiteaktivitäten zusammenzustellen und um weitere mit der Websitenutzung und der Internetnutzung verbundene Dienstleistungen gegenüber dem Websitebetreiber zu erbringen.
Die im Rahmen von Google Analytics von Ihrem Browser übermittelte IP-Adresse wird nicht mit anderen Daten von Google zusammengeführt. Sie können die Speicherung der Cookies durch eine entsprechende Einstellung Ihrer Browser-Software verhindern; wir weisen Sie jedoch darauf hin, dass Sie in diesem Fall gegebenenfalls nicht sämtliche Funktionen dieser Website vollumfänglich werden nutzen können.
Sie können darüber hinaus die Erfassung der durch das Cookie erzeugten und auf Ihre Nutzung der Website bezogenen Daten (inkl. Ihrer IP-Adresse) an Google sowie die Verarbeitung dieser Daten durch Google verhindern, indem sie ein entsprechendes Deaktivierungs-Browser-Plugin herunterladen und installieren.
Übrige Datenerfassung
Weitergehende personenbezogene Daten werden nur erfasst, wenn Sie diese Angaben freiwillig, etwa im Rahmen einer Anfrage, machen. Soweit Sie uns personenbezogene Daten zur Verfügung gestellt haben, verwenden wir diese nur zur Beantwortung Ihrer Anfragen, zur Abwicklung mit Ihnen geschlossener Verträge und für die technische Administration.
Nach den Bestimmungen hat jeder Nutzer des Internetangebots von „About Coffee GmbH“ das Recht, jederzeit Auskunft darüber zu verlangen, welche Daten über ihn gespeichert sind und zu welchem Zweck diese Speicherung erfolgt. Darüber hinaus kann eine Berichtigung unrichtiger Daten oder die Löschung von Daten verlangt werden, deren Speicherung unzulässig oder nicht mehr erforderlich ist. Auskunft über gespeicherte Daten gibt „About Coffee GmbH“ aufgrund schriftlicher Anfrage.
Die „About Coffee GmbH“ ist bemüht, Ihre personenbezogenen Daten durch Ergreifung aller technischen und organisatorischen Möglichkeiten so zu speichern, dass sie für Dritte nicht zugänglich sind. Bei der Kommunikation per E-Mail kann die vollständige Datensicherheit nicht gewährleistet werden, so dass wir Ihnen bei vertraulichen Informationen den Postweg empfehlen.
Für die Löschung bzw. Information der Daten sowie sämtliche weiteren Fragen bitten wir via Mail an office@coffeepirates.at, oder via dem sicheren Postweg an
About Coffee GmbH
Spitalgasse 17, 1090 Wien, Austria
TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1.1 The owner and operator of the Online Shop operating at www.coffeepirates.at (hereinafter referred to as the Shop or CoffeePirates) is About Coffee GmbH with the registered CoffeeShop and Roastery in Spitalgasse 17, 1090 Vienna, Austria,
1.2 A user of services provided by the Shop shall be hereinafter referred to as the Buyer or the Customer.
1.3 Contact with the Shop via email: office@coffeepirates.at
2. RULES OF OPERATION OF THE ONLINE SHOP COFFEEPIRATES.at
2.1 CoffeePirates sells goods through the organised online shop via the Internet.
2.2 In order to use the online shop the Customer should on his/her own gain access to a computer or terminal device with Internet access.
2.3 The Shop endeavours to make it possible for Internet Users to use the website by means of all popular web browsers, operating systems, computer types and types of Internet connections. Minimum technical requirements for use of the Shop website include a Web browser not older than the following versions: Internet Explorer 8, Chrome 16, Firefox 10, Opera 11, or Safari 5 or newer versions, with enabled support of Java script, acceptance of cookies, and an Internet connection with a capacity of at least 256 kbit/s. The Shop website is optimised for the minimum screen resolution of 1024×768 pixels.
2.4 The Customer is prohibited to input illegal content and to use the Online Shop, the Shop website or free services provided by the Shop in a manner contrary to law, good practices, violating personal rights of third parties or the legitimate interests of the Seller.
2.5 Considering the public nature of the Internet and the use of electronic services the Shop emphasises the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customers should use appropriate technical measures to minimise the above mentioned risk. In particular, they should use anti-virus programmes and programmes protecting identity of Internet users.
2.6 The Shop shall not be liable for inability or difficulty to use the Online Shop, for reasons attributable to the Customer, in particular if the Customer password is lost by the Customer or comes into possession of a third party (regardless of how). However, the Shop shall be liable, if the Customer password is lost by the Customer or comes into possession of a third party due to reasons attributable to the Shop or reasons for which the Shop is liable.
2.7 The Shop shall not be liable for damage caused by actions or omissions of Customers, in particular by their use of the Online Shop in a manner inconsistent with applicable laws or the Terms and Conditions.
2.8 The content of these Terms and Conditions is available at www.coffeepirates.at.
2.9 Any announcements, advertisements, price lists and other information published on the Shop web pages shall not constitute an offer within the meaning of the Civil Code but an invitation to conclude a contract, subject to point 5.5.6.
2.10 Photos of products presented on the Shop website may differ in terms of colors from the actual colors due to different configuration of Customers’ hardware. However, this shall not affect the quality of Products.
2.11 All rights, including proprietary copyrights, intellectual property rights to the name of the Shop, its Internet domain, the Shop Website, as well as to patterns, forms, logotypes published on the Shop Website (except for logotypes and photos presented on the Shop Website to present products to which copyrights are the property of third parties) are the property of the Shop, and they may be exercised exclusively in a manner described in and compliant with the Terms and Conditions and upon the consent of the Shop expressed in writing.
3. CREATION OF THE CUSTOMER’S ACCOUNT
3.1 The Customer is entitled to create an account in the Shop in order to place orders in the above-mentioned Shop and to obtain additional functions such as: price visibility, history of orders, checking the status of the last placed order, saving shipping addresses, the opportunity to receive current information about the products of the Shop.
3.2 Creation of an account is voluntary and free of charge.
3.3 An account is created after proper completion of the registration form located on the website of the Shop and after receipt via e-mail of a confirmation of registration of the account.
3.4 In the registration form the Customer shall provide, among others, the password protecting the Customer’s account in the Shop, email address, forename and surname, address of residence and phone number.
3.5 The Customer logs into the account after entering in the login form the correct email address and password.
3.6 The Customer who made Registration may submit a request for deletion of the Customer Account, whereas in the event of submission by the Shop of a request for deletion of the Customer Account such account may be deleted not later than within 14 days from submission of the demand.
4. ORDERING PRODUCTS
4.1 Products in the online shop are marked in detail. The shop website contains information about the properties of products, their price, the material of which they are made, etc. The price is visible after login in to the shop.
4.2 The Customer ordering products shall select them, in a manner appropriate for a given product, specifying in particular the size, color, and if necessary also giving other specific information and the number of ordered products.
4.3 All products offered by the Shop are new and original, free of physical
and legal defects, within the shelf life period and have been legally placed on the Austrian market.
4.4 Orders may be placed 24 hours per day, all year round. Orders placed on Saturdays, Sundays and public holidays will be processed on the next working day.
5. PROCEDURE FOR BUYING IN THE ONLINE SHOP
5.1 After selecting the products by the Customer, the Customer should click the icon “Add to Cart”.
5.2 The product is transferred to the basket, which is visible after clicking on the cart icon in the bar at the top of the page. One may go to the cart by selecting the “Cart” button which opens the page showing all products in the cart or after clicking on the “Add to Cart” button in the product tab.
5.3 In the “Cart” one should select the form of shipment and enter a discount code, if the Customer has such code and wants to use it. After selecting the option “Next” a page will open where one should enter data necessary for shipment of the ordered product.
5.4 The Customer may place an order by logging into his/her account in accordance with the procedure described in point 3.3.5 or without logging in, by completing an order form including the forename and surname, address of residence, telephone number, email address and optionally one may enter comments to the order.
5.5 If an account is created by a person not being a Consumer, it is possible to provide data necessary for issuing a VAT invoice.
5.6 After accepting the order the Shop will confirm the order by phone or by email. Confirmation of the order referred to in the preceding sentence shall be construed as conclusion of a contract in accordance with the provisions of the Civil Code.
5.7 All prices provided in the shop are gross prices (include VAT) expressed in Euro (EUR).
5.8 The price binding for the parties to the transaction shall be the price shown at the product at the moment of placing the order by the Customer. The price does not include delivery costs.
5.9 The Shop issues a VAT invoice or a receipt. For this purpose one should enter in the order form detailed data necessary for proper issue of a sales note.
5.10 The Shop may refuse to execute an order in the following cases:
a) incorrect or partial completion of the order form;
b) if within the specified period (5 working days) the money transfer in the correct amount is not made.
5.11 Shipment costs are each time specified in the “Cart” and the Customer is informed about the final cost of the order before it is finally placed.
5.12 The Shop reserves the right to withdraw certain products from the sale, change the prices of products and services, conduct and cancel promotional campaigns. However, introduction of the above-mentioned changes does not affect the acquired rights. In the event of introduction of any changes the Shop shall inform Customers about this fact.
5.13 At every stage of the order process, until payment is made, it is possible to cancel the order by ceasing to pass the next steps and leaving the subpage used to place orders.
6. PAYMENT AND DELIVERY
6.1 The Customer may choose the form of payment:
By credit card or e-transfer which is carried out through PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered office in Luxemburg at L-1150.
6.2 Time of execution of the order depends on availability of the products and shall be from 2 working days to 20 working days.
6.3 The Shop provides national shipping to the customer via courier or post office company.
6.4 Delivery prices and conditions are specified on www.coffeepirates.at
6.5 The Shop shall deliver the product constituting the subject of the Contract of Sale without defects.
6.6 In the event of absence of the Customer at the address specified by the Customer upon placing the order as the address of Delivery, the Supplier’s employee shall leave an aviso note or shall attempt to contact the Customer by phone to agree the time when the Customer will be present. If the ordered Product is returned to the Shop by the Supplier, the Shop shall contact the Customer by e-mail or phone to set again the time and cost of the Delivery.
6.7 Orders are executed within the territory of Austria and specified Countries in Europe. Find the countries of delivery at www.coffeepirates.at.
6.8 The Customer with a billing and/or shipping adress outside Austria
– obtains at his own risk and expense any import licence or other official authorisation and carry out all customs formalities necessary for the importation of the goods to his country.
– pays all duties, taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods and, where necessary, for their transit through another country.
7. EXECUTION OF INCOMPLETE ORDER
7.1 In the event of absence of a given product in the warehouse or inability to execute the order the Customer shall be informed to the email address about problems concerning the execution of the order and possible solutions (e.g. partial execution, full execution but with the associated waiting time, the whole order cancellation without adverse consequences for the Customer). A partial order shall be executed after acceptance of this option by the Customer and the difference between the amount of the full order and the amount of the partial order shall be reimbursed.
8. RETURN OF PRODUCTS – CANCELLATION OF THE CONTRACT
8.1 Every product bought in our Shop may be returned within 14 days from the date of its receipt without giving reasons. To abide by the above-mentioned deadline it is enough to send a statement on cancellation of the contract by traditional mail or by email.
8.2 As a rule, a natural person not being a consumer and legal persons do not have the right to cancel a contract, unless the parties agreed otherwise.
8.3 In the event of cancellation of a distance contract it shall be considered not concluded. Any performances of the parties shall be returned in unchanged condition, unless a change was necessary in the ordinary course of business. The return should be made immediately, not later than within 14 days from the day of receipt by the Shop of the statement on cancellation of the contract.
8.4 The Customer shall bear liability for decrease of the value of the Product as a result of use thereof in a manner outside the manner necessary to determine the nature, features and functioning of the Product.
8.5 A consumer shall not be entitled to cancel a distance contract in the case of the following contracts:
a) provision of services, if the Shop performed the service in full upon express consent of the consumer who was informed before initiation of performance that after performance by the Seller the consumer will lose the right to cancel the contract;
b) in the case of which the price or remuneration depends on fluctuations in the financial market over which the Shop does not have control, and which may occur before the deadline to cancel the contract;
c) in the case of which the subject of performance is a non-prefabricated Product made to the Consumer’s specifications or serving to satisfy the Consumer’s individualised needs;
d) in which the subject of performance is a Product which is liable to deteriorate or expire rapidly: eg. grounded coffee;
e) in which the subject of performance is a product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package was opened after delivery: eg. opened coffee bags;
f) in which the subject of performance are Products which after delivery, due to their nature, are inseparably combined with other things;
g) in which the subject of performance constitutes alcoholic beverages, the price of which was agreed at the conclusion of the Contract of Sale and whose delivery may take place only after 30 days and the value of which depends on fluctuations in the market over which Seller has no control;
h) in which the consumer specifically demanded Seller to come to the consumer to perform urgent repairs or maintenance; if the Seller provides additional services other than those whose performance consumer demanded or provides Products other than replacement parts necessary for repair or maintenance, the consumer has the right to cancel the contract with reference to additional services or Products;
i) in which the subject of performance constitutes sound or visual recordings or computer programmes delivered in a sealed package, if the package was opened after delivery;
j) delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
k) concluded by way of public auction;
l) provision of services regarding accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract stipulates the day or period of performance of the services;
m) provision of digital content that is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to cancel the contract and, after receiving information from the Seller of the loss of the right to cancel the contract.
8.6 We accept only products bought in our Shop (it is necessary to attach proof of purchase, e.g. copy / original receipt, invoice or confirmation of payment or other proof of purchase provided for in legal provisions).
8.7 The purchased product should be returned to the address: About Coffee GmbH, Spitalgasse 17, A-1090 Wien, Austria,
8.8 A product returned by the Customer should be packed in an appropriate way, to ensure no damage to the shipment during transport.
8.9. The product is returned at the expense of the Customer.
8.10 The amount resulting from the value of the products shall be refunded within 14 days from receipt of the Customer’s statement on cancellation of the contract and of returned products. Whereas the products shall be returned in the cheapest conventional manner of delivery of goods available in the Shop. Money shall be refunded using the same method of payment which was used by the Customer, unless the Customer consents to other method of refund.
8.11 The template of the contract cancellation form is available at www.coffeepirates.at
9. COMPLAINTS
9.1 Every product purchased in the Shop is covered by the seller’s implied warranty and shall be replaced if:
a) it is defective (the Shop is released from liability under the implied warranty, if the Customer knew about the defect at the time of conclusion of the Contract of Sale);
b) does not comply with the contract;
c) has been damaged during delivery.
9.2 The product being the subject of a complaint should be returned to the address: About Coffee GmbH, Spitalgasse 17, A-1090 Wien, Austria,
9.3 The shop shall reply to the Customer’s request immediately, not later than within 14 days. Reply concerning the complaint shall be sent to the address specified by the Customer or in other manner indicated by the Customer.
9.4 If the Product is defective, the Customer may:
a) submit a statement on reduction of the price or cancellation of the Contract of Sale, unless the Shop immediately and without excessive inconvenience for the Customer replaces the defective product with a non-defective one or removes the defect. This limitation shall not apply if the product has already been replaced or repaired by the Shop or if the Shop failed to fulfil the obligation to replace the product with a non-defective one or to remove the defect. The Customer may demand replacement of the product with a non-defective one instead of removal of the defect proposed by the Shop or demand removal of the defect instead of replacement of the product, unless making the product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Shop. When assessing if the costs are excessive one shall take into account the value of the product free from defects, the type and importance of the discovered defect, as well as inconvenience to be experienced by the Customer in the event of other manner of satisfaction of the claim.
b) demand replacement of the defective product with a non-defective one or removal of defect. The Shop shall replace the defective product with a non-defective one or remove the defect within reasonable time without excessive inconvenience for the Customer. The Shop may refuse to fulfil the Customer’s demand if making the defective product compliant with the Contract of Sale in the manner selected by the Customer is impossible or would require excessive costs as compared to the other possible manner of making the product compliant with the Contract of Sale. The cost of repair or replacement shall be incurred by the Shop.
The Customer (both the Consumer and non-Consumer) exercising the rights under the implied warranty shall deliver the defective product to the address of the Shop. If the Customer is a Consumer the delivery cost shall be incurred by the Shop.
9.6 The Shop shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Product to the Customer. The claim for removal of defect or replacement of the Product with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before the time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Contract of Sale or submit a statement on reduction of the price due to defect of the Product. If the Customer demanded replacement of the Product with a non-defective one or removal of the defect, the time-limit for rescission of the Contract of Sale or submission of the statement on reduction of the price shall start running upon ineffective expiry of the time-limit for replacement of the Product or removal of the defect.
9.7 If the Shop fails to respond to the complaint within 14 days as from the day of receipt thereof, it shall deemed that the complaint has been found justified.
9.8 In the case of a natural person not being a consumer or a legal person the provisions on the implied warranty shall apply, i.e. point 4 et seq. of these terms and conditions and Article 556 et seq. of the Civil Code.
9.9 Products sold by the Shop may be covered by a guarantee granted by the producer or distributor of the Products.
9.10 In the case of Products covered by the guarantee information regarding the existence and content of the guarantee shall be always presented on the Shop Website.
9.11 The template of the complaint form is available at www.coffeepirates.at
10. TERMINATION OF THE CONTRACT (NOT APPLICABLE TO ORDERS/CONTRACTS OF SALE)
10.1 Either party may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party before termination of the above-mentioned contract and the provisions below.
10.2 The Customer who has registered, may terminate the contract for the provision of electronic services by demanding the Shop to remove the Customer Account, using any means of distance communication, allowing the Shop to get acquainted with the Customer’s declaration of intent.
10.3 The Shop may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during registration of the account at the Shop.
11. NEWSLETTER
11.1 The service consists in a free transfer by electronic means of a Newsletter with information about current offers, promotions, sales at the Shop, to all Customers who expressed such wish.
11.2 The service is available to all Customers of the Shop without the condition to register the Account.
11.3 To receive the Newsletter the Customer should enter in the form located on the website of the Shop a correct and valid email address and agree to receive the Newsletter.
11.4 Registered Customers have an additional opportunity to decide about receipt of the Newsletter at the moment of registration.
11.5 The email address provided in order to subscribe to the Newsletter is used exclusively for that purpose.
11.6 The Customer may resign from the Newsletter by clicking a relevant link specified in the footnote of every email containing the Newsletter or by writing to the email address of the Shop with a request to remove the email address from the Newsletter base of the Shop.
11.7 The person subscribing to the Newsletter at the same time accepts the provisions of the terms and Conditions.
12. AMENDMENTS TO THE TERMS AND CONDITIONS
12.1 The Shop reserves the right to amend the Terms and Conditions. Amendments shall come into force after 14 days from the date of publication thereof on the website of the Shop.
12.2 In the event of amendment of the Terms and Conditions, introduced amendments shall be visible on the Shop website for 14 days, and every registered Customer shall be informed by the Shop by sending to the email address provided by the Customer in the registration form a notification about the amendments introduced to the Terms and Conditions.
12.3 If the registered Customer does not accept the new content of the Terms and Conditions, the Customer shall be obliged to notify this fact to the Shop within 14 days from the date of notification of amendments to the Terms and Conditions.
12.4 Amendments to the Terms and Conditions shall not in any way infringe the acquired rights of the Customer being a consumer and using the Online Shop before the day of entry of amendments into force, in particular amendments to the Terms and Conditions shall not affect the already placed Orders, concluded or performed Contracts.
13. FINAL PROVISIONS
13.1 In all matters not provided for herein, the provisions of Austrian law shall apply.
13.2 Every Customer may use non-judicial complaint and redress mechanisms. The Customer may use mediation in this scope. Lists of permanent mediators and existing mediation centres are provided and made available by Presidents of competent regional courts.
13.3 The Customer is entitled to submit to the voivodeship inspector of the Commercial Inspection
a request requests for the conduct of a mediation procedure to seek to achieve amicable settlement of the dispute between the Customer and the Shop. Information about the rules and procedures for mediation conducted by the voivodeship inspector of the Commercial Inspection is available in the registered offices and on websites of respective Voivodeship Commercial Inspection Inspectorates.
13.4 The Customer may receive free assistance regarding resolution of the dispute between the Customer and the Shop, also using free assistance of the poviat (municipal) Consumer Ombudsman or a social organisation whose statutory tasks include protection of consumers.
13.5 The Shop endeavours to first resolve disputes with the Consumer in amicable manner; in the event such form does not succeed, the competent court for resolution of disputes shall be the court having territorial jurisdiction according to applicable legislation.
13.6 In the event of disputes between the Shop and a natural person not being a consumer or a legal person the court having territorial jurisdiction shall be the court of the court having territorial jurisdiction over the registered seat of the Shop.
These Terms and Conditions shall enter into force as from November 1st. 2016.
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RETURN/EXCHANGE/COMPLAINT FORM
Order no.: __________________________________________________________________________
Name and surname: ______________________________________________________________
Address: ______________________________________________________________________
E-mail: ___________________________________________________________________________
ITEM INFORMATION:
NAME OF THE PRODUCT
_____________________________________________________
REASON FOR SENDING BACK (WRITE THE NO. FROM THE LIST BELOW), OPTIONALLY
_____________________________________________________
IN CASE OF EXCHANGE WRITE THE SIZE AND COLOR
_____________________________________________________
IN CASE OF COMPLAINT WRITE WHAT ACTION SHOULD WE TAKE (WRITE THE NO. FROM THE LIST BELOW)
O Return O Exchange O Complaint
IN CASE OF A RETURN OR EXCHANGE REASON FOR SENDING BACK TO US (optional):
1. Poor quality, 2. Wrong size 3. Doesn’t fit properly, 4. Looks different to image on site, 5. Don’t like it, 6. Ordered more than one size, 7. Damaged item (describe), 8. Other
Please make a refund to the account no. : _____________________________________________________
IN CASE OF A COMPLAINT ACTION THAT WE SHOULD TAKE:
1. Repair the damaged item, 2. Send a new item, 3. Cost refund (only in cases when: repair or exchange is impossible or they require excessive costs; the seller did not exchange the item for new or did not repair the item in the right time; or exchange or repair would cause substantial inconvenience)
IN CASE OF A COMPLAINT DESCRIBE THE DAMAGE BELOW (HOW IT OCCURED):
_________________________________________________________________________________________
I declare that I have read terms of return/exchange/complaint of an item, regulated in Regulations of the shop www.coffeepirates.at
_____________________
Customer‘s signature and date
To be filled in in case of a RETURN:
Order no.: _______________________, City__________________________ , Date_____________
Name and surename: _______________________________________________________________
Address: ___________________________________________________________________
Company name and address: CoffeePirates e.U., Spitalgasse 17, A-1090 Wien, Austria
DECLARATION OF WITHDRAWAL FROM THE AGREEMENT
I declare that, in accordance with the law, I withdraw from the agreement made on ________________ (date),
concerning the purchase of items _____________________________ _______________________________________(name of the item)
__________________
Consumer‘s signature