Terms and Conditions
§ 1 Scope
The following terms and conditions apply to all orders placed through our online shop.
§ 2 Contracting partner, customer service
The purchase contract is concluded with the coffee roastery Drack Nussbaumer Kaffee. Further information about us can be found in the Legal Notice. You can reach our customer service for questions, complaints, and objections Monday to Friday from 8 a.m. to 12 p.m. and 1 p.m. to 5 p.m. at +49 7612 63946.
§ 3 Conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The order will be confirmed immediately after the order has been submitted. We can accept your order by sending an order confirmation via email or by delivering the goods within five days. This does not apply if you have chosen PayPal as your payment method. In this case, the contract is concluded at the time the payment order is confirmed by the payment service provider. This does not apply if you have chosen Sofortüberweisung as your payment method. In this case, the contract is concluded at the time the payment order is confirmed by the payment service provider. The condition for an effective conclusion of a contract is always that the ordering process is completed when the order is submitted.
§ 4 Shipping costs
Shipping costs are added to the stated product prices. For more information about shipping costs, see the "Questions/Shipping Costs" menu item.
§ 5 Payment
Payment is made in advance, by credit card, PayPal, or instant bank transfer.
If you choose to pay in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
credit card
Your credit card will be charged at the time we accept your order.
Paypal
You pay the invoice amount via the online provider PayPal. You must be registered there or register first, verify your identity with your login details, and confirm the payment order to us (except for guest access, where applicable). You will receive further instructions during the ordering process.
Instant bank transfer
We also offer Sofortüberweisung (instant bank transfer). This option allows us to receive the credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN, and TAN. Using Payment Network AG's secure payment form, which is inaccessible to merchants, sofortüberweisung.de automatically initiates a real-time transfer to your online bank account. The purchase amount is transferred immediately and directly to the merchant's bank account.
Our service is free of charge for you as a customer; only the fees (transfer fee) of your main bank apply.
If you choose Sofortüberweisung as your payment method, a pre-filled form will open at the end of the order process. This already contains our bank details. The form also displays the transfer amount and the intended use. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same information you used when registering for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterward.
In principle, any internet user can use Sofortüberweisung as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. You can find more information about whether your bank supports this service here: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.
§ 6 Self-collection
You generally have the option of picking up your order from Kaffeerösterei Drack Nussbaumer Kaffee, Marktplatz 7, 4810 Gmunden, Austria during the following business hours: Monday to Friday from 8 a.m. to 12 p.m. and from 1 p.m. to 5 p.m. or by prior appointment by telephone.
§ 7 Retention of title
The purchased item or goods remain our property until the purchase price and all associated costs and expenses have been paid in full. In the event of even partial default in payment, we are entitled to collect the goods even without the buyer's consent.
§ 8 Transport damage
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.
******************************************************************************************************************************
§ 9 Cancellation policy
Below you will find information about the requirements and consequences of the statutory right of withdrawal for mail order orders.
Cancellation policy
Right of withdrawal
You may revoke your contractual declaration within 14 days without stating reasons in text form (e.g., letter, fax, email) or – if the item is handed over to you before the expiry of the period – by returning the item. The period begins upon receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to § 312g paragraph 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB (Introductory Act to the German Civil Code). To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be addressed to:
Drack Coffee Roastery
Nussbaumer Coffee
Market Square 7
4810 Gmunden
Phone: 07612 63946
Consequences of revocation
In the event of an effective cancellation, both parties must return the services received and surrender any benefits derived (e.g., interest). If you are unable to return or surrender the service received and any benefits derived (e.g., benefits of use) to us, or only partially, or only in a deteriorated condition, you must compensate us for the value. You must only pay compensation for deterioration of the item and any benefits derived if the use or deterioration is due to handling of the item that goes beyond testing its properties and functionality. "Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. Items that can be sent by parcel are returned at our risk. You will be responsible for the regular return shipping costs if the delivered goods correspond to those ordered and if the price of the returned item does not exceed 40 euros, or if, in the case of a higher price, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shipment is free of charge. Items that cannot be sent by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. This period begins for you upon dispatch of your cancellation notice or the item; for us, upon receipt of the item.
End of the cancellation policy
The right of withdrawal does not apply to distance contracts
for the delivery of goods manufactured according to customer specifications or clearly tailored to personal needs. This applies in particular to custom-made items.
******************************************************************************************************************************
§ 10 Cost-bearing agreement when exercising the right of withdrawal
We make use of the option to impose the costs of return on you as follows within the scope of exercising the statutory right of cancellation set out in the above instructions: You must bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40.00 euros, or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of cancellation.
§ 11 Storage of contract text
We save the contract text and send you the order details and our General Terms and Conditions by email. You can also view the General Terms and Conditions here on this page at any time. For security reasons, your past orders are no longer accessible online.
§ 12 Contract language:
The language available for concluding the contract is German.
§ 13 Place of jurisdiction:
The exclusive place of jurisdiction is Gmunden or another legal place of jurisdiction chosen by Kaffeerösterei Drack Nussbaumer Kaffee.