Terms and Conditions

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APPLICABILITY OF GENERAL TERMS AND CONDITIONS (GTC)
Our company's deliveries, services, and offers are made exclusively on the basis of these terms and conditions. We do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity. Our actions in fulfilling the contract shall not be deemed to constitute consent to contractual terms that deviate from our terms and conditions. These terms and conditions also serve as a framework agreement for all further legal transactions between the contracting parties.

CONCLUSION OF CONTRACT
By clicking the button “Submit order” You place a binding order for the goods contained in your shopping cart. Confirmation of receipt of the order will follow immediately after the order has been submitted. The purchase contract is concluded with our delivery confirmation or delivery of the goods. A customer's contractual offer requires an order confirmation. The dispatch of the goods ordered by the customer also constitutes the conclusion of the contract. If offers are made to us, the offeror is bound to them for a reasonable period of time, but at least 8 days from receipt of the offer.

PROTECTION OF DOCUMENTS/CONFIDENTIALITY
Cost estimates and other documents such as brochures, catalogs, samples, presentations, and the like remain our intellectual property. Any use, in particular distribution, reproduction, publication, and making available, including copying even in part, requires our express consent.
Furthermore, our contractual partner undertakes to keep confidential any knowledge acquired from the business relationship with third parties.

AN ORDER
Orders placed in writing, verbally, by telephone or by other means (fax, email, etc.) are deemed to be binding and do not require any written confirmation.
We also ask you to place your order one week before the desired delivery date.

MINIMUM ORDER VALUE
We are happy to deliver for orders over €35.

PRICE
All prices quoted by us are inclusive of VAT unless expressly stated otherwise.
Should wage costs change due to collective bargaining agreements in the industry or internal company agreements, or should other cost centers relevant to the calculation or costs necessary for the provision of services such as those for materials, energy, transport, external work, financing, etc., change, we are entitled to increase or reduce prices accordingly.

PAYMENT METHODS
The invoice amount can be paid either in advance or by invoice. New customers must pay in advance. Please send payments to the following account: Volksbank Alpenvorland, IBAN: AT 44 4715 0415 2880 0000, BIC/SWIFT: VBOEATWWNOM, payable to: Cult Caffé Kaffeerösterei GmbH, Köchlinger Str. 14, 3371 Neumarkt

PAYMENT TERMS, INTEREST ON LATE PAYMENTS
The buyer undertakes to pay the purchase price in full upon conclusion of the contract. Our invoices are due immediately without any deductions.
Cash discounts require a separate agreement. In the event of late payment, even for partial payments, any cash discount agreements will also become invalid. Payments from the customer are only considered made upon receipt of the funds in our business account. The delivered goods remain our property until full payment is received.
Payments will always be credited to the oldest outstanding balance. We are entitled, but not obligated, to consider any other dedications made by the customer.
Customer claims may only be offset against our claims if they have been expressly acknowledged by us in writing or have been legally established by a court. In all other cases, offsetting by the customer is excluded.
In case of late payment, default interest will be charged at a rate of 91% pa. Furthermore, the customer is obligated to reimburse us for any reminder and pre- and out-of-court collection costs incurred.

SHIPPING COSTS
Austria: €7.20  For net order values of €100 or more, shipping is free.
EU: € 21.60  From a net order value of € 220,–: € 15,–
Shipping is carried out via a delivery service or by the Austrian Post.
ATTENTION: When shipping via a delivery service, it must be guaranteed that delivery is possible during office hours!

No shipping to Switzerland and non-EU countries.

DELIVERY TIMES
Please refer to the product description for the estimated delivery time. If no information is provided there, delivery will take place within 2-3 business days upon order acceptance.

MISSED APPOINTMENT
If the customer has to meet his payment obligation in installments, it is agreed that if even one installment is not paid on time, all outstanding partial payments shall become due immediately without any further grace period.

WITHDRAWAL FROM THE CONTRACT
In the event of insolvency proceedings being opened against the customer's assets, we are entitled to withdraw from the contract with regard to unfulfilled deliveries or any annual agreements.
In the event of default of payment by the customer, we shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
If the customer withdraws from the contract without being entitled to do so or requests its cancellation, we shall have the choice of insisting on the performance of the contract or agreeing to its cancellation; in the latter case, the customer shall be obliged, at our discretion, to claim liquidated damages amounting to 15% of the gross invoice amount or the actual damage incurred.

DELIVERY, TRANSPORT
Our sales prices do not include delivery, assembly, or installation costs. However, upon request, we can provide or organize these services for a separate fee.
Our deliveries are free of charge; parcel shipments are at the customer's risk and expense. We are happy to send you samples for a fee.
Shipping costs are calculated according to Austrian rates. Orders over €100 are shipped free of charge.
Purchased goods cannot be exchanged or returned. Delivery dates stated by us are non-binding; no claims for damages can be asserted due to delayed or non-delivery delivery.
Transport damage, to the extent that the client is liable at all, will only be accepted if a damage report is submitted.

DEFECTS, COMPLAINTS, WARRANTY, COMPENSATION
Your order will be freshly packaged and labeled with a best-before date. If, despite proper storage, there are any issues with the product, please notify us no later than 24 hours after receipt of delivery. OR:
Any complaints about defects must be made in writing immediately after receipt of the goods, otherwise the delivered goods will be deemed to be free of defects and approved.
In the event of a justified complaint, we are obliged to deliver a replacement; further claims, in particular for conversion, reduction or compensation, including for consequential damages, are excluded.

RESERVATION OF TITLE
All goods delivered by us remain our property until the purchase price and all costs and expenses have been paid in full.
A resale is only permitted if we have been notified of this in good time beforehand, stating the name or company name and the exact business address of the buyer, and if we have consented to the sale.
If we agree, the purchase price claim shall be deemed assigned to us, and we are authorized to notify the third-party debtor of this assignment at any time. In the event of multiple claims on our part, payments from the debtor shall primarily be allocated to those of our claims that are not (or no longer) secured by retention of title or other security.
In the event of third-party access to the reserved goods – in particular through seizure – the customer undertakes to point out our ownership and notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods purchased from us, he or she may not dispose of the reserved goods, in particular, may not sell, pledge, give away, or lend them, until the outstanding purchase price has been paid in full. The customer bears the full risk for the reserved goods, in particular the risk of destruction, loss, or deterioration.
In the event of even partial default in payment, the buyer hereby agrees that we may collect the goods at his expense at any time.
The assertion of retention of title shall only constitute a withdrawal from the contract if this is expressly declared.

RETENTION
Justified complaints do not entitle the customer to retain the entire gross invoice amount, but only a reasonable portion of it.

CHOICE OF LAW, JURISDICTION AND PLACE OF PERFORMANCE
Austrian law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. The contracting parties agree to Austrian domestic jurisdiction. Unless this is a consumer transaction, the court with subject-matter jurisdiction at the company's registered office shall have exclusive local jurisdiction to resolve all disputes arising from this contract. However, we reserve the right to also file legal action at the general place of jurisdiction of the contracting party.
The place of performance is the registered office of our company.

MINOR PERFORMANCE CHANGES
If the transaction is not a consumer transaction, minor or other changes to our service or delivery obligations that are reasonable for our customers are deemed to be approved in advance. This applies in particular to deviations due to the nature of the goods.

DATA PROTECTION, ADDRESS CHANGE, COPYRIGHT
The customer agrees that the personal data included in the purchase contract may be stored and processed by us using automated means in order to fulfill this contract.
The customer is obligated to notify us of any changes to their residential or business address as long as the contractual transaction has not been fully fulfilled by both parties. If this notification is omitted, declarations shall be deemed received even if they are sent to the last notified address.

SPECIAL AGREEMENTS
Any special agreements must be made in writing; verbal promises made by our employees are only valid after our written confirmation.

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