Terms of service
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Aloha Coffee GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented in the Seller's online shop. Any deviating conditions set by the Customer are not recognized unless expressly agreed otherwise.
1.2 A consumer as defined by these GTC is any natural person who enters into a legal transaction for purposes predominantly not attributable to their commercial or independent professional activity.
1.3 An entrepreneur as defined by these GTC is a natural or legal person or a legally recognized partnership that, upon entering into a legal transaction, acts in exercise of its commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but are intended to invite 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. By completing the electronic ordering process and clicking the button to finalize the order, the Customer submits a legally binding offer to purchase the goods in the shopping cart.
2.3 The Seller may accept the Customer's offer within five days:
- By sending a written order confirmation or a confirmation in text form (e.g., by email), whereby the receipt of the confirmation by the Customer is decisive;
- By delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive;
- By requesting payment from the Customer after their order submission.
If multiple of the above options are applicable, the contract is concluded at the time the first option occurs. The period for accepting the offer begins on the day after the Customer sends their offer and ends at the close of the fifth day following submission. If the Seller does not accept the Customer's offer within this period, it is deemed rejected, and the Customer is no longer bound by their offer.
2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., under their applicable terms, available at PayPal Terms. If the Customer selects a PayPal payment option during the online ordering process, the Seller declares acceptance of the offer at the time the Customer clicks the final order button.
2.5 When an offer is submitted through the Seller's online order form, the contract text is saved by the Seller and sent to the Customer after their order submission in text form (e.g., via email). Further access to the contract text by the Seller is not provided. If the Customer has created a user account in the online shop, order details are archived on the Seller’s website and can be accessed by the Customer through their password-protected user account.
2.6 Before submitting the binding order, the Customer can identify errors in their inputs by carefully reviewing the information displayed on the screen. A useful technical tool for error detection is the browser's zoom function. During the electronic ordering process, the Customer can correct inputs using the standard keyboard and mouse functionalities until clicking the final order button.
2.7 The contract can be concluded in different languages as indicated in the online shop.
2.8 Order processing and communication are usually carried out via email and automated order handling. The Customer must ensure the email address provided is correct and capable of receiving emails from the Seller. SPAM filters must be configured to allow receipt of all Seller emails.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Detailed information about the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, all prices are total prices, including statutory VAT. Additional delivery and shipping costs are indicated separately in the respective product description.
4.2 The available payment options are communicated to the Customer in the online shop.
4.3 For payment methods offered via "Shopify Payments," transactions are processed by Stripe Payments Europe Ltd. Stripe may use additional payment service providers, subject to separate terms notified to the Customer where applicable. More information about Shopify Payments can be found at Shopify Payments Terms.
5) Delivery and Shipping Conditions
5.1 Unless otherwise agreed, delivery is made to the address provided by the Customer within the delivery area specified by the Seller.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply if the Customer exercises their right of withdrawal.
5.3 For entrepreneurs, the risk of accidental loss or deterioration of goods transfers upon delivery to the carrier. For consumers, this risk transfers upon receipt of goods, unless the Customer selected the carrier independently.
5.4 The Seller reserves the right to withdraw from the contract if self-delivery fails despite due diligence. Customers will be informed promptly, and payments will be refunded.
5.5 Self-collection is not available for logistical reasons.
6) Retention of Title
If the Seller provides advance performance, ownership of the goods remains with the Seller until full payment of the purchase price.
7) Liability for Defects (Warranty)
The statutory warranty applies unless otherwise stipulated. Entrepreneurs are subject to modified terms, including reduced limitation periods for defects in new goods.
8) Liability
The Seller’s liability is governed by the statutory provisions and limited to predictable, typical damages unless otherwise stated.
9) Redemption of Promotional Vouchers
Specific rules apply to the use of promotional vouchers, including restrictions on transferability and cash redemption.
10) Applicable Law
German law applies, excluding international sales law. For consumers, mandatory protections from their home country remain unaffected.
11) Jurisdiction
For merchants and public entities, the Seller's business location is the exclusive place of jurisdiction.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution: ODR Platform.
12.2 The Seller is neither obligated nor willing to participate in dispute resolution before a consumer arbitration board.