Terms of service
General Terms and Conditions and Client Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Provision of Digital Content
- Granting Rights of Use for Digital Content
- Contract Duration and Contract Termination Regarding Subscription Contracts
- Liability for Defects
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company BLAEK Coffee GmbH (hereinafter referred to as "Licensor") apply to all contracts for the delivery of data which is not contained on a tangible medium and which is produced and supplied in digital form (digital content), which a consumer or a trader (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the digital content presented by the Licensor in his online shop. The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject of the contract is the provision of digital content offered by the Licensor to the Licensee in electronic form granting certain rights of use regulated specifically in these GTC.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction
1.4 According to the Licensor’s product description, the object of the contract may be the delivery of digital content by way of a one-time delivery or by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Licensor commits to supply the Licensee with the contractually owed digital content for the duration of the agreed contract period and at the contractually agreed time intervals.
2) Conclusion of the Contract
2.1 The content displayed in the Licensor’s online shop does not constitute a binding offer on the part of the Licensor, but is merely a description which allows the Licensee to submit a binding offer.
2.2 The Licensee may submit the offer via the online order form integrated into the Licensor' online shop. In doing so, after having placed the selected content in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Licensee submits a legally binding offer of contract with regard to the content contained in the virtual basket.
2.3 The Licensor may accept the Licensee’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Licensee is decisive, or
- by providing the Licensee with the ordered intent, insofar as receipt of the content by the Licensee is decisive, or
- by requesting the Licensee to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Licensor not accept the Licensee's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Licensee is no longer bound by his statement of intent.
If the Licensee chooses “PayPal Express” as payment method, he also initiates a payment order to PayPal by clicking the button finalizing the order process. In this case, deviating from section 2.3, the Licensor declares his acceptance of the Licensee’s offer at the time when the Licensee initiates the payment transaction by clicking the button finalizing the ordering process.
2.5 If the Licensee chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“) pursuant to the Amazon Payments Europe User Agreement, available at https://pay.amazon.eu/help/201212430.
If the Licensee chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, deviating from section 2.3, the Licensor declares his acceptance of the Licensee’s offer at the time when the Licensee initiates the payment transaction by clicking the button finalizing the ordering process.
2.6 The period for acceptance of the offer shall commence on the day following the date on which the offer is submitted by the Licensee and shall end on the fifth day following the date on which the offer is submitted.
2.7 When submitting an offer via the Licensor's online order form, the text of the contract is stored by the Licensor after the contract has been concluded and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after the order has been sent. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set up a user account in the Licensor's online shop prior to sending his order, the order data shall be stored on the Licensor's website and can be accessed by the Licensee free of charge via his password-protected user account by specifying the corresponding login data.
2.8 Prior to submitting a binding order via the online order form, the licensee may continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the submission of a binding order and can also be corrected there using the usual keyboard and mouse functions.
2.9 The contractual language is German or English.
2.10 Order processing and contacting usually take place via e-mail and automated order processing. It is the Licensee’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Licensor can be received at this address. In particular, it is the Licensee`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Licensor or by third parties commissioned by the Licensor with the order processing can be delivered.
3) Right to Cancel
Consumers are entitled to the right to cancel. Detailed information about the right to cancel is provided in the Licensor’s instruction on cancellation.
4.1 For the granting of rights to the respective contents, the Licensor shall receive a flat-rate license fee, the amount of which shall be determined in the respective article description.
4.2 Prices indicated by the Licensor are total prices and include the statutory value-added tax.
4.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Licensor is not responsible, and which are to be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
4.4 The Licensee has various payment options at his disposal, which are specified in the Licensor's online shop.
4.5 If payment in advance is agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 When choosing a payment method offered via the payment service "Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Licensee in the Licensor's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Licensee may be separately referred. Further information on "Shopify Payments" can be found at https://www.shopify.com/payments.
4.7 If the payment method “purchase on account” is selected, the purchase price becomes due after the content has been supplied and invoiced. In this case, the purchase price shall be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Licensor reserves the right to offer the payment method “purchase on account” only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Licensor will inform the Licensee in his online payment information about a corresponding payment restriction.
4.8 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. The direct debit will be collected when the ordered content is sent to the Licensee by e-mail or made available by download, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) of the Licensor to the Licensee which announces a debit by means of SEPA direct debit. If the direct debit is not honoured due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Licensee objects to the debit, even though he is not entitled to do so, the Licensee shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.
4.10 In cooperation with Klarna, we offer the following payment options as part of Klarna Checkout. Payment is made to Klarna:
- Klarna invoice: payable within 14 days from date of invoice. The invoice will be issued when the contents are transmitted and sent by e-mail. The invoice conditions can be found at https://www.klarna.com/uk/terms-and-conditions/
- Klarna instalment purchase: With Klarna's financing service you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). Further information on Klarna Instalment Purchase including the general terms and conditions and the European Standard Information for Consumer Credit can be found at https://www.klarna.com/uk/terms-and-conditions/
- Immediate transfer
- Credit card (Visa/ Mastercard)
4.11 Credit card payment via Secupay
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Seller assigns his payment claim. secupay AG collects the invoice amount from the Client's credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the Client has placed his order in the online shop. The Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and deliveries or credit notes, even if the payment method credit card payment via secupay AG has been selected.
4.12 Credit card payment via Stripe
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
5) Provision of Digital Content
The content is exclusively provided in electronic form by e-mail or by download from the Licensor's website.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stated in the contents description contained in the Licensor's online shop, the Licensor grants the Licensee the non-exclusive, temporarily and regionally unlimited right to use the supplied content exclusively for private purposes.
6.2 Passing on of content or the production of copies to third parties outside the framework of these GTC is prohibited, unless the Licensor has consented to the transfer of the license covered by this contract to third parties.
6.3 The granting of rights will only be legally valid once the Licensee has paid in full the sum owned. The Licensor may provisionally permit the use of digital content covered by this contract already prior to that date. Such a provisional permit does not lead to a transfer of rights.
7) Contract Duration and Contract Termination Regarding Subscription Contracts
7.1 Subscription contracts are concluded for an indefinite period of time and can be terminated by the Licensee at any time without notice.
7.2 The right to immediate termination for important reasons remains unaffected.
An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests
7.3 Notices of termination can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation feature (cancellation button) provided by the Licensor on its website.
8) Liability for Defects
The statutory liability for defects shall apply.
9) Applicable Law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9.2 If the Licensee is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Licensor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Licensee is domiciled outside the territory of the Federal Republic of Germany, the Licensor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Licensee’s professional or commercial activities. In any event however, regarding the aforementioned cases the Licensor is entitled to appeal to the court which has jurisdiction over the area where the Licensee’ place of business is located.
10) Alternative Dispute Resolution
10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
10.2 The Licensor is not obliged to use ADR entities to resolve disputes with consumers, but he is in principle ready for this.