Terms and Conditions
Article 1: Definitions
1.1 Company: refers to the limited liability Boon Bohne Rösterei UG, statutory registered at the German Chamber of Commerce under number HRB 163895, based in Hamburg, Germany, and host of the domain, www.boonbohne.com.
1.2 Website/ Site: the main Website of the Company: www.boonbohne.com.
1.3 Customer: a natural person, purchasing products from the Company.
1.4 First Parties/ Parties: Customer, and/or Participant, and Company.
1.5 Goods / Product: the item(s) provided by the Company, namely coffee beans, coffee powder, and related coffee products.
1.6 Events: a planned occasion for Participants, at the location of the Customer or Third Party, organized with or for the Company, and includes roasting coffee beans and serving coffee.
1.7 Service: the Service provided by the Company, which includes roasting coffee beans and selling coffee products during an Event.
1.8 Participant: a Participant to an event, organized and/or hosted by the Company.
1.9 Third Parties: organizations or natural persons, connected or related to the Company outside the scope of Customers and Participants, as defined in these terms and conditions.
Article 2: Applicability
2.1 These terms and conditions apply to all Goods and Services, special offers, orders, agreements and deliveries of Services on behalf of the Company, from the date of the order and throughout the performance of the Service.
2.3 The Company excludes the applicability of supplementary and/or deviating general terms and conditions of First and/or Third Parties.
Article 3: Website
3.1 The Company does not guarantee that the Website, www.boonbohne.com, or any of the content on it, will always be available or uninterrupted.
3.2 The Company may decide to suspend, withdraw, discontinue or change all or any part of the Website without any notice, and without any responsibility towards the Customer or Third Party.
3.3 It falls under the responsibility of the Customer and/or Third Party to ensure that everyone accessing the Website is aware of these terms, and complies with them.
Specific terms related to our Product
Article 4: Orders
4.1 An order is placed once the Customer has selected a Product and confirmed payment.
4.2 Prior to ordering the Product the Customer acknowledges to have provided correct information to the Company in order to deliver the Product.
4.3 The Customer and/or Third Party acknowledges it has requested, obtained and received all necessary information and/or all additional information required to confirm the order for the Product.
4.4 The Company ensures its best efforts to verify its Customers are of legal age to order the Product.
4.5 The Company is not responsible for any orders which are made by Customers who are acting on behalf of someone else.
Article 5: Product
5.1 The Products subject to sale by the Company are presented on the Website accompanied with descriptions.
5.2 Immediately after the Company receives payment the Parties are in agreement upon which the Company will provide the ordered Product to the Customer.
5.3 It falls under the sole responsibility of the Customer to choose the correct type and number of the Product.
5.4 The Company will make its best efforts to ensure that the description, color and pattern of the products, which photos are displayed on the site, are faithful to the original products. However, since the Company does not master the technical limitations of color rendering of the Customer’s computer equipment, the Company cannot be held responsible for the inaccuracy of the photographs appearing on the site.
5.5 The Company ensures its best efforts to send or provide the product in adequate packaging. In the event of damages to the package the Customer should contact the Company as soon as possible.
Article 6: Delivery
6.1 Immediately after placing an order the delivery is set in motion.
6.2 The products will be delivered to the delivery address indicated during the ordering process. The products are delivered by the regular post office in German.
6.3 The amount of shipping costs is given at the time of placing the order.
6.4 The Company aims to deliver the product within the stated delivery time, however, the actual delivery falls outside the control of the Company. Therefore, the Company will not reimburse goods that are delivered outside the delivery time.
Article 7: Payment
7.1 The prices for the products displayed on the Website include tax (VAT and other taxes applicable on the day of the order), unless otherwise indicated.
7.2 The prices are in euros. Bank exchange and/or commission fees remain the responsibility of the Customer.
7.3 The Company reserves the right to modify its prices at any time. The products will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.
Article 8: Cancellation
8.1 Pursuant the European Consumer Directive and German Civil Code Article 355, the product, ordered online and without interference of Company staff, can be returned un-opened and in original packaging, within 14 days, from the day of the purchase.
8.2 After the cancellation process the returned product will be fully refunded. The shipping costs for delivery and return fall under the responsibility of the Customer.
8.3 The Company reserves the right to cancel orders due to incorrectly priced products displayed on the Site, of which the Customer could have reasonably understood, did not reflect the items offered.
8.4 In the event the Company does not accept the order for the products and payment, the order shall be deemed cancelled and the Customer shall not be entitled to any further compensation thereof.
8.5 In the situation the Customer is in default, which results in the price not being paid while the product has set out of delivery, the Company is entitled to charge a reasonable interest per month from the day of nonpayment, whereby a part of a month is counted for a whole month.
8.6 When the Customer is in payment default, the Customer is also due to extrajudicial collection costs and may be obliged to compensate the Company.
8.7 In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the Customer, the claims of the Company on the Customer are immediately due and payable.
Specific terms related to Services
Article 9: Events
9.1 For organized events the Company is granted, by the Customer and/or Third Party, a limited, exclusive, non-transferable license to use the location of the Customer and/or Third Party.
9.2 The type of events falls within the scope of roasting coffee beans and providing coffee. Participants and Customers are not obliged to purchase coffee during Events.
9.4 Events can be booked up until two weeks in advance, and once the payment has been fulfilled / or: up until [hours]. Payment will be invoice-based and should be fulfilled after the completion of the event.
9.5 In the instance the Company is booked to organize an event, the Company is not responsible for engaging Participants to the event (or having lack thereof).
9.6 Events can be cancelled by all Parties up until two weeks in advance, to be entitled for a full refund.
9.7 Any costs made by the Company, such as specific product orders and/or the hiring of equipment, will be deducted from the refund, if these costs come from direct orders or specific requests by the Customer and/or Third Party at the time of the order.
9.8 Events made within two weeks of the event date cannot be cancelled and will not be subject to refunds.
9.9 In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, actual or potential conflict of interest, or other reasons that result in the Company being unable to provide further event Services, the Company can decide to terminate the Service to the Customer and/or Third Party early. In such circumstances the Company will use reasonable endeavors to provide a mutually satisfactory alternative moment to continue Services. If such continuation is deemed impossible, advance payment for Services will be refunded, or, in the instance of a sudden event, be reasonably compensated.
9.10 In the event the Company will make pictures for social media, permission will be asked beforehand to the participants of the group. If consent is withdrawn afterwards, the Company will delete the picture from its social media. The Company cannot and will not be responsible for any distribution of the photo during the time consent was given.
9.11 In the rare instance during an event, a Customer disturbs, misbehaves, makes repeatedly inappropriate remarks at the dispense of other Participants, or acts inappropriate in any other way, the Company reserves the right to prohibit the Customer from further participating to the event. In the instance the occurrence will continue, the Company reserves the right to discontinue the event without right to refund.
9.12 After the event the Company will not be subjected to costs related to cleaning purposes, unless mutually agrees prior to the Event.
9.13 The Company will not be held responsible for any damage to the property of the Third Party, which falls outside the control of the Company, such as acts by Participants, and/or fall outside reasonable use of the location.
Terms related to both Product and Services
Article 10: Customer liability
10.1 The Customer certifies that all information given to the Company, in order to purchase a Service, is accurate.
10.2 Buying and consuming the Company’s products, and partaking to the Company’s events fall under the Customer’s own risk. The Customer and/or Participants are free to leave Events at any time during the Event.
10.3 It falls under the Customer’s responsibility to examine the product immediately, and notify the Company as soon as possible in case of any defect. If the Customer fails to notify the Company, the product is deemed approved.
10.4 The Customer and/or Third Party who do not follow the advice and guideline of the Company related to handling the product, which could lead to fire hazards or accidents, are responsible for their own actions and thus responsible for the damage as a result thereof.
Article 11: General Disclaimers
11.1 As the Company acts as a Third Party in distributing coffee from its original place of preparation to the Customer, the Company does not claim to be a ‘food business operator’ under the definition of the European General Food Law, and therefore cannot be held responsible for hygiene standards during this process.
11.2 The Company emphasizes it falls under the responsibility and risk of the Customer to ingest the product.
11.3 Despite instructions, the Company has no control over how the products are put to use by the Customer or handled by Third Parties.
11.4 During events, the Company is not responsible for any food or beverages provided by Third Parties.
11.5 During events it falls under the Participant’s and Customer’s responsibility to maintain its property in sight. The Company cannot be held accountable for any loss or damage of Customer’s property.
Article 12: Company liability
12.1 The Company has the obligation to provide the Customer its Products and Services as closely as described and displayed on the Site at the time of purchasing, and with the highest hygiene and quality insurance, to the best of its abilities and with reasonable efforts.
12.2 In the event of a defect, the Company bears the necessary costs, taken into account the type of the defect, the legitimate interest of the Customer, and considering the moment the Customer has informed the Company.
12.3 If the fulfillment of the Company’s obligations is not permanent or temporarily impossible, dissolution can only take place after the Company is in default.
12.4 The Company is only liable for direct damages that result from, or is related to, the execution of the Service. The liability will not extend the amount covered by insurance, with a maximum of €2000.
12.5 The Company is only liable for damages the Customer suffers if insofar the damage is caused by willful intent or gross negligence.
12.6 All content, images, photos, illustrations and descriptions on the Website are for indication only and cannot lead to any compensation and/or partial termination of the delivery or Service, and/or suspension of any obligation.
12.7 The Company cannot be held liable for any damages caused during an order of a Product or Service or payment made online, which are of the exclusive liability of Third Parties involved, such as Third-Party hosting platforms and banking institutions.
12.8 The Company is not responsible for any damages caused by the Customer, or someone who acts in its place, to other Customers of the Company.
12.9 Any liability claims, directed to the Company, expire one year after the event from which the liability arises directly, or indirectly.
Article 13: Intellectual Property
13.1 All content that belongs to the Intellectual Property Rights of the Company, including but not limited to the content presented to the Customer on the Website and Third-Party platforms, are subjected to German copyright law and International Treaties.
13.2 Reproductive use of any of the intellectual property materials of the Company, including but not limited to the information, documents, texts, illustrations, elements of any nature and including legal notices, will be considered as infringement.
Article 14: Data Protection
14.1 The Company has the right to collect specific personal information about the Customer in order to provide, improve and inform the Customer regarding the Services.
14.2 This information, such as banking details, could also be processed by Third Parties which contribute to the management, execution and processing of the Services.
Article 15: Third Party Disclaimers
15.1 The Company has no control over the use of the Third-Party platforms by the Customer, nor what is shown to the Customer.
15.2 Parties are bound by the Third-Party terms and conditions, and other legal notices, when making use of Third-Party platforms and Services.
15.4 The Company has no control for technical modifications or limitations of its Products and Service provided via Third-Party domains, as a result of actions from the Third Party.
Article 16: Indemnity
The Customer indemnifies the Company against all Third-Party claims that are related to the Products and Services from the Company.
Article 17: Force Majeure
17.1 The Company cannot be held liable in case of events of force majeure, such as labor disputes, strikes, war, insurrection, riots, natural disasters, pandemics; defaults and force majeure of Third Parties, unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages.
17.2 If a situation of force majeure arises as a result of which the Company cannot fulfill one or more obligations towards the Customer and/or Third Party, these obligations will be suspended until the Company can comply with it. Alternatively, both Parties will look for a solution in good faith.
17.3 The Company does not owe any compensation, damage or otherwise, in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Article 18: Right to Modification
18.1 The Company reserves the right to modify these terms and conditions. The online version on the Site will prevail, where applicable, over any other version of terms and conditions.
18.2 In the event substantive changes to these terms and conditions will have effect on the Customer and/or Third Party, the Customer and/or Third Party are entitled to cancel the Services within fourteen days starting from the publication of the modified terms and conditions, unless it is clearly stated the remains subject to the previous terms and conditions.