Terms and Conditions
Deliveries are made exclusively on the basis of these General Terms and Conditions. These shall be recognised by the placing of an order, but at the latest by the customer acknowledging the order confirmation. Deviating terms and conditions of the contractual partner are not binding for us unless they are expressly acknowledged by us in writing.
Afranio De Paula Simões (hereinafter referred to as Afranio De Paula Simões), Eislaufgasse 5, 4910 Ried im Innkreis, sells coffee and accessories for coffee preparation in its online shop on the website www.becokaffee.com
2.1 These GTC apply to all legal transactions between Afranio De Paula Simões and the users of the website. By using the Internet service, in particular by clicking on the consent button, the user accepts these GTC.
2.2 Conflicting General Terms and Conditions shall only apply if Afranio De Paula Simões expressly submits to them in writing.
2.3 Afranio De Paula Simões reserves the right to change these GTC at any time without stating reasons. When using the Internet service, consent to the amended GTC shall be deemed to have been given.
2.4 Until further notice, goods shall only be delivered in quantities customary for households.
3.1 The use of the website or the online shop is only permitted to legally competent, adult and natural persons. The use takes place on one's own responsibility. The user guarantees to have disclosed his true identity and only correct data. Afranio De Paula Simões reserves the right not to accept orders containing incomplete and/or incorrect data. The contractual partner must immediately notify Afranio De Paula Simões in writing of any changes to his name or address. If no change is reported, documents shall be deemed to have been received by the contracting party if they have been sent to the address last notified by the contracting party. Requests for changes to invoices cannot delay their due date.
3.2 The presentation of the products in the online shop and details of the products in the online shop as well as all sales materials and on the remaining website are not binding for Afranio De Paula Simões. In particular, there may be (minor, reasonable) deviations between product illustrations and the delivered product, e.g. a change in appearance and/or equipment as a result of a change in the assortment. The presentation of the products does not constitute a binding offer.
3.3 After selecting a product category (coffee, accessories) or the respective subcategories on the home page, the products assigned to the selected category are displayed. On this page you will also find the button "Add to shopping cart". Before this button is a field, in which the product price is visible. After the numbering of the price in Euro there is an order quantity which is set to "1" by default.
With the button "Add to cart" the product (in the desired quantity) is added to the shopping cart. The "shopping cart" can be seen at the top right of the website. By clicking on this field, the content of the "shopping cart" is displayed and it is possible to change or remove products in the shopping cart at any time.
Only after entering all data (name, address, contact data, billing address, shipping address, shipping option, method of payment and payment details and notice of the GTCs can the button "place order" be clicked.
The general terms and conditions can be called up at any time. The completion of the ordering process by activating the button "place order" in the online shop represents a binding offer by the user to conclude a purchase contract with Afranio De Paula Simões. After placing the order, Afranio De Paula Simões will send the user a confirmation e-mail which contains the details of the order (order confirmation).
Only this written order confirmation shall be decisive for the content and scope of the order. The confirmation does not, however, constitute an acceptance of the user's offer. The acceptance of the order and thus the sales contract come only by the dispatch of the commodity and the dispatch of a second E-Mail (dispatch confirmation) condition. This dispatch confirmation corresponds to the contract confirmation according to § 4 paragraph 2 FAGG (Securing the contract text). By accepting these general terms and conditions and sending his order subject to payment, the user agrees to the provision of the dispatch confirmation via e-mail.
3.4 If Afranio De Paula Simões is unable to execute the ordered goods due to lack of availability or if Afranio De Paula Simões does not accept the order, Afranio De Paula Simões will inform the user immediately and, if necessary, refund any payments already made.
3.5 Amendments and supplements to the contract shall only be effective if Afranio De Paula Simões gives its express written consent thereto.
3.6 The written form requirement shall also be met by sending a fax message, an e-mail or a simple electronic signature.
4. Cancellation and revocation instruction
4.1 In the case of consumer transactions, the user is entitled to withdraw from the contract in writing within 14 days without giving reasons. It is sufficient if the declaration is sent within this period. The legal restrictions apply (exceptions to the right of withdrawal, e.g: goods according to customer specifications, perishable goods, sealed packaged goods).
4.2 The declaration of revocation and returns are to be addressed to:
Afranio De Paula Simões
Eislaufgasse 5, 4910 Ried im Innkreis, Austria
4.3 The revocation period shall commence on the day on which the goods are taken possession of by the User or a third party designated by the User who is not the carrier of the goods. In the case of partial deliveries or separate deliveries of a single order, the date of taking possession of the goods last delivered shall be decisive.
4.4 In the event of an effective withdrawal, the services received by both parties shall be postponed step by step. The return of the goods by the user must take place no later than 14 days after submission of the declaration of revocation and the reimbursement of the payments made by the user (including delivery costs for the delivery offered by Afranio De Paula Simões) must be made using the same means of payment no later than 14 days after receipt of the declaration of revocation. However, Afranio De Paula Simões is entitled to refuse repayment until the returned goods have arrived or the user has provided proof of the return. It is sufficient if the goods are dispatched within this period.
4.5 The consumer shall pay Afranio De Paula Simões a reasonable fee for the use of the goods, including a reduction in the fair market value of the service or compensation in the event of loss of value due to handling which is not necessary for testing the quality, properties and functioning of the goods.
4.6 The goods must be returned in their original packaging. The consumer has to bear the costs for the return of the goods.
5. Prices, terms of payment, set-off, retention of title
5.1 The prices at the time of the order shall apply. All prices quoted on the website are subject to change, non-binding and may be changed at any time. The indicated prices are gross prices (including the respective valid VAT) in Euro ex Afranio De Paula Simões warehouse without packaging, shipping and any other taxes as well as customs duties. Packaging and shipping costs as well as any other taxes and customs duties shall be borne by the user. Shipping costs vary depending on the country of destination. The respective shipping costs incurred are to be borne by the user; they can be viewed in the "Checkout" area of the order process. The shipping charges are calculated per delivery and are independent of partial deliveries and the ordered number of items.
5.2 The invoice amount becomes due upon receipt of the invoice sent with the goods. The user can pay the purchase price by credit card (Mastercard, Visacard, AMEX) and has to use the method of payment indicated with the order. Afranio De Paula Simões reserves the right to check the creditworthiness of the user during the ordering process and, if necessary, to exclude individual payment methods.
5.3 In the event of default in payment, Afranio De Paula Simões is entitled (subject to the assertion of a higher concrete damage to be proven) to charge the user all costs necessary for the appropriate prosecution as well as default interest. For entrepreneurs § 456 UGB applies. In any case, default interest shall amount to at least 5% p.a. from the due date.
5.4 In addition, Afranio De Paula Simões is entitled to exclude the user from ordering further goods in the event of non-payment and a one-off reminder.
5.5 Objections to the invoiced claim must be raised by the user within 14 days of the invoice date, otherwise the claim shall be deemed accepted. Afranio De Paula Simões will draw the user's attention to this period and to the legal consequences of non-compliance.
5.6 The user is not entitled to offset open claims against Afranio De Paula Simões, unless Afranio De Paula Simões becomes insolvent or the counterclaim has been recognised or established in court.
5.7 Until full payment of the purchase price and all claims arising from the business relationship or any other legal ground, including costs, by the user, Afranio De Paula Simões shall retain ownership of the contractual service. The user is obliged to take all precautions to secure and protect the property of Afranio De Paula Simões, i.e. in particular pledging, security transfer or other exploitation is prohibited.
6. Delivery and shipping
6.1 Place of performance for deliveries from Afranio De Paula Simões is the registered office of Afranio De Paula Simões.
6.2 Partial deliveries are permissible.
6.3 In the event of force majeure, the contractual obligations of both contracting parties shall be suspended. Force majeure shall also include labour disputes in Afranio De Paula Simões's own or third-party operations, transport delays, machine breakdowns, product-related breakdowns for which Afranio De Paula Simões is responsible, sovereign measures and other circumstances for which none of the parties is responsible.
6.4 Afranio De Paula Simões will deliver the ordered products to the delivery address indicated by the user. Afranio De Paula Simões chooses the means of transport and the route. The user is obliged to accept the delivered products, even if they show any defects.
6.5 Delivery dates stated by Afranio De Paula Simões are always non-binding, unless they have been expressly confirmed as binding in writing. Compensation for damages due to delayed delivery is excluded in any case, unless there is intent or gross negligence on the part of Afranio De Paula Simões. In the case of consumer transactions, the performance period shall be a maximum of 30 days after conclusion of the contract. If Afranio De Paula Simões is unable to deliver the ordered goods through no fault of its own (e.g. because a supplier has not fulfilled its contractual obligations), Afranio De Paula Simões is entitled to withdraw from the contract with the user.
6.6 The risk shall pass to the user upon transfer to the means of transport. The user has the option of taking out a transport insurance policy, the costs of which are to be borne by him. In the case of consumer transactions, the risk shall not pass to the consumer until the goods have been delivered to the consumer or to a third party other than the carrier, unless the consumer himself has concluded the contract of carriage.
6.7 If a delivery to the user is not possible for a reason for which he is responsible (e.g. because he was not found at the delivery address), he shall bear the costs for the unsuccessful delivery.
6.8 If Afranio De Paula Simões is responsible for a delay in delivery, the user can demand performance or withdraw from the contract after setting a reasonable period of grace (at least 3 weeks from delivery of the deadline).
6.9 In the event of damage to the goods during transport, the user must immediately notify the transport company of the case of damage and claim the damage there. Afranio De Paula Simões is not liable for culpable behaviour of third parties, unless the user is a consumer.
7.1 The user is aware that deviations in colour and/or patterns may occur in the case of goods dispatched by Afranio De Paula Simões, from handcrafted production as well as in the case of natural products. These therefore do not entitle to warranty claims.
7.2 The statutory provisions of § 9 KSchG shall apply to consumer transactions; consequently, the consumer's warranty rights cannot be excluded or limited prior to knowledge of the defect; the statutory warranty provisions shall apply.
7.3 The proof that the defect was present when the goods were handed over is incumbent on the user (even within the first 6 months after handover). The reversal of the burden of proof pursuant to § 924 sentence 2 ABGB is thus excluded. This does not apply to consumer transactions.
7.4 If a defect for which Afranio De Paula Simões is responsible existed at the time the contractual object was handed over, Afranio De Paula Simões will remedy this at its discretion by rectification or replacement. Conversion is excluded.
7.5 The warranty period shall be three months from delivery.
7.6 Warranty claims of the user going beyond this regulation are excluded. Excluded are further claims for compensation for damages which have not occurred to the object of the contract itself. This shall not apply if liability is mandatory in cases of intent, gross negligence or the absence of warranted characteristics.
7.7 In any case, no warranty shall be assumed in the event of unsuitable or improper use, treatment or application.
7.8 Furthermore, there is no guarantee that the website is always online. Afranio De Paula Simões is entitled to temporarily shut down the online shop for maintenance reasons.
7.9 The statutory provisions of § 9 KSchG apply to consumer transactions. Any further warranty claims of the user are excluded, in particular claims for compensation for damages that have not occurred to the object of the contract itself. This shall not apply if liability is mandatory in cases of intent, gross negligence or the absence of warranted characteristics.
7.10. If there is a defect acknowledged by Afranio De Paula Simões and subsequent delivery has taken place, the user is obliged to return the goods delivered first within 14 days at Afranio De Paula Simões's expense. Afranio De Paula Simões reserves the right to claim damages under the statutory conditions.
8.Intellectual property rights and proprietary rights
The services, content and structure of the website offered by Afranio De Paula Simões are protected by copyright.
All the symbols shown, in particular the logo and company name of Afranio De Paula Simões, are protected by trademark law.