Terms of service

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of cancellation
  4. Prices and terms of payment
  5. Terms of delivery and shipping
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Redemption of promotional vouchers
  10. Redemption of gift vouchers
  11. Applicable law
  12. Place of jurisdiction
  13. Code of conduct
  14. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of SamyJu Kaffeerösterei GmbH & Co. KG (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The Customer may also submit the offer to the Seller by email, via online contact form, by post or by telephone.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after submission of their order.

If several of the above alternatives apply, the contract is concluded at the point in time at which one of the above alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer has sent the offer and ends upon expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays via a payment method offered by PayPal that can be selected during the online ordering process, the Seller already declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted their order. No further access to the contract text is provided by the Seller. If the Customer has set up a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button completing the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs are indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs with regard to the transfer of money may also be incurred if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 When selecting a payment method offered via the "PayPal" payment service, payment processing takes place via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which he pays in advance to the Customer (e.g. purchase on invoice or instalment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of the assignment of claims, the Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of cancellation and returns, or credit notes.

4.5 When selecting a payment method offered via the "Shopify Payments" payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, to which the Customer may be separately referred. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

4.6 When selecting a payment method offered via the "Klarna" payment service, payment processing takes place via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:

https://www.samyju.com/policies/terms-of-service

5) Terms of delivery and shipping

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping if the Customer effectively exercises their right of cancellation. With regard to return costs, in the event of effective exercise of the right of cancellation by the Customer, the regulation made in the Seller's cancellation policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the Seller's fault and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods at the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the Customer as follows:

- by email

6) Retention of title

If the Seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided in the following regulations, the provisions of statutory liability for defects apply. The following deviates from this for contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, claims for defects are excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and time limit reductions regulated above do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he is subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer from all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal basis

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place, and on the observance of which the Customer may regularly rely.

8.3 In all other respects, liability on the part of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the Seller in the context of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.5 Several promotional vouchers can also be redeemed per order.

9.6 If the promotional voucher refers to a specific value and not to a percentage price reduction, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the Customer returns the goods paid for wholly or partly with the promotional voucher within the scope of their statutory right of cancellation.

9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the substantive entitlement of the respective voucher holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances are credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

10.6 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.7 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of authorisation of the respective holder.

11) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the above cases, the Seller is in any event entitled to appeal to the court at the Customer's place of business.

13) Code of conduct

- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

14) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.