AGB

GENERAL TERMS AND CONDITIONS UNBOUND COFFEE ROASTERS GMBH

All deliveries and services shall be provided exclusively on the basis of these General Terms and Conditions ("GTC"). These are recognized by the customer and are fully subject matter of the contract. These GTC are binding for all current and future business transactions with our contractual partner, even if no express reference is made to them.

1. Preamble
2. Scope
3. Contract conclusion
4. Cancellation policy
5. Prices, terms of payment, set-off, retention of title
6. Delivery, shipping
7. Warranty
8. Liability
9. Privacy
10. Intellectual property and proprietary rights
11. Subscription 
12. Other

1 Preamble

1.1 The website www.unbound.cc is an offer of unbound coffee roasters gmbh / Weisstraße 9 - 6112 Wattens (hereinafter referred to as "Seller").

unbound coffee roasters gmbh

UID number: ATU78384124

Company register number: 585003z

Commercial register court: Innsbruck regional court

Headquarters: 6112 Wattens

Weisstrasse 9

6112 Wattens

Tel.: 0043 660 5469599

E-mail: info@unbound.cc

1.2 The Seller sells top quality coffees from Ethiopia, Kenya, Brazil and other countries at www.unbound.cc. It also sells coffee machines and other accessories for coffee preparation.

1. Scope

2.1 These GTC apply to all legal transactions between the Seller and the Buyers/User. By using the Internet Service, the User accepts these GTC. Any contractual relationship with the Seller is subject to these GTC.

2.2 Buyer/user can be both consumer and entrepreneur.

2.3 The deliveries, services and offers of the Seller shall be made exclusively on the basis of these General Terms and Conditions in the version valid at the time of the conclusion of the contract, as they are available at any time at https://unbound.cc/policies/terms-of-service. Terms and conditions of any kind whatsoever, in particular terms and conditions of purchase, which contradict these GTC shall be ineffective to the full extent.

2.4 The Seller reserves the right to change these GTC at any time without giving reasons. With renewed use of the Internet service, the consent to the amended GTC shall be deemed granted.

1. Contract conclusion

3.1 The User has the possibility to create a customer account on www.unbound.cc. However, such a customer account is not a prerequisite for the User to be able to place orders. To create a customer account, the user enters his e-mail address in the registration mask, sets a password and clicks on "Login".

3.2 The placement of goods on www.unbound.cc does not constitute an offer by the seller to conclude a purchase contract (invitatio ad offerendum). All offers of goods presented by the seller are subject to change and non-binding.

3.3 Possible errors, misprints, technical or color changes and minor deviations from the described content are reserved by the seller despite the greatest possible care.

3.4 Likewise, the seller assumes no liability for the accuracy of the manufacturer's specifications.

3.5 The offer of the buyer to conclude a purchase contract lies in the sending of the order by the user. By ordering the goods, the User bindingly declares that he wishes to purchase the ordered goods. The User places his order as follows: after he has placed the goods he wishes to purchase in his shopping cart and has entered the data required for processing the order on the following page and has selected his payment method on the next page, he is given an overview of his order on the last page of the ordering process. Here the user has the opportunity to change his order and the information provided and, if necessary, to correct input errors. By clicking on the "Buy now" button, the buyer bindingly places his order and accepts these GTC.

3.6 The contract is concluded with the sending of a confirmation of receipt of the order by e-mail.

3.7 Since some of the Goods are natural, exclusive and limited in availability, the Seller reserves the right to limit the delivery quantities in case of bulk orders or to deliver them in several tranches or to distribute them in case of excess demand for one good.

3.8 If a contract has been concluded, but ordered items are not available from the seller's supplier in the foreseeable future despite timely covering transaction, the seller reserves the right to withdraw from the contract in this respect. If the seller recognizes this, he will inform the buyer immediately and refund any payments already made.

1. Cancellation policy according to FAGG

The legal revocation provisions of the FAGG and KSchG apply. More details on unbound.cc under "RECOVERY". The seller reserves the right to claim damages under the conditions regulated by law.

1. Prices, terms of payment, set-off, retention of title

5.1 The prices at the time of the order apply. All prices stated on the website are subject to change, non-binding and can be changed at any time. The prices stated are always gross prices (i.e. including the applicable VAT) in euros ex warehouse from the seller without packaging, shipping and any other taxes and customs duties. Packaging and shipping costs as well as any other taxes and customs duties are to be borne by the user, unless otherwise agreed. The shipping costs vary depending on the respective recipient country and can be viewed in the webshop. The shipping charges are calculated per delivery and are independent of partial deliveries and the ordered number of items. 

5.2 The invoice amount is due upon receipt of the sent invoice. The user can pay the purchase price by prepayment or PayPal and has to use the payment method specified in the order. The seller reserves the right to check the creditworthiness of the user in the ordering process and, if necessary, to exclude individual payment methods.

5.3 In the event of default in payment, the Seller shall be entitled (subject to the assertion of a higher concretely provable damage) to charge the User all costs necessary for the appropriate legal prosecution as well as the statutory default interest. For entrepreneurs, § 456 UGB applies. 

5.4 In addition, the Seller is entitled at any time to exclude the Buyer from ordering further goods.

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. The Seller shall inform the User of this deadline and of the legal consequences of non-compliance.

5.6 The User shall not be entitled to set off any outstanding claims against the Seller unless the Seller becomes insolvent or the counterclaim has been recognized by a court or determined by a court.

5.7 Until the purchase price has been paid in full, ownership of the contractual service shall remain with the Seller. The user is obliged to take all precautions to secure and protect the property of the seller, i.e. in particular a pledge, security transfer or other exploitation is prohibited.

1. Delivery, shipping

6.1 The place of performance for deliveries of the Seller shall be the registered office of the Seller.

6.2 Within the scope of the availability indicated for the respective product, the goods will be shipped by the Seller as soon as possible. If an item is not in stock at the seller, he will deliver as soon as possible within the limits of availability. Each delivery is made under the reservation that the seller himself is supplied in time and properly.

6.3 Delivery dates or performance deadlines that are bindingly agreed upon must be 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 the seller. In the case of consumer transactions, the performance period shall be a maximum of 30 days after conclusion of the contract. If the seller is not able to deliver the ordered goods through no fault of his own (for example because a supplier has not fulfilled his contractual obligations), the seller is entitled to withdraw from the contract with the user.

6.4 Cases of force majeure, traffic or operational disruptions, strikes, shortages of raw materials and the like shall result in a reasonable extension of the delivery period.

6.4 If not all ordered items are in stock, the Seller shall be entitled to make partial deliveries at its own expense, provided that this is reasonable for the Buyer.

6.5 If the Buyer is in default of acceptance, all risks of accidental loss of the goods or accidental deterioration of the purchased goods shall pass to the Buyer at that time.

6.6 The Seller shall deliver the ordered Products to the delivery address specified by the User. The Seller shall choose the means of transport and the route of transport. The User is obliged to accept the delivered Products, even if they have any defects.

6.6 The user has the option to take out transport insurance, the costs of which shall be borne by the user. In the case of consumer transactions, the risk shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from 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 the Seller is responsible for a delay in delivery, the User may demand performance or withdraw from the contract by setting a reasonable grace period (at least 3 weeks from delivery of the grace period).

6.9 In the event of damage to the goods during transport, the User shall immediately report the case of damage to the transport company and claim the damage there. The seller is not liable for culpable conduct of third parties, unless the user is a consumer.

1. Warranty and compensation

7.1 The user is aware that the goods shipped by the seller, from handmade production and natural products, color deviations and or sample deviations may occur. These are minor defects and therefore do not entitle to warranty claims.

7.2 In the case of consumer transactions, the statutory provisions of § 9 KSchG shall apply; consequently, the warranty rights of the consumer cannot be excluded or limited before knowledge of the defect; the statutory warranty provisions shall apply.

7.3 The burden of proof that the defect was present at the time of handover of the goods shall lie with the user. The reversal of the burden of proof according to § 924 sentence 2 ABGB is therefore excluded. This does not apply to consumer transactions.

7.4 If a defect for which the Seller is responsible existed at the time of handover of the subject matter of the contract, the Seller shall remedy such defect at its discretion by repair or replacement. Redhibition is excluded.

7.5 The warranty period is 6 months from delivery. This does not apply to consumer transactions.

7.6 Any warranty claims of the User exceeding the scope of this provision shall be excluded. Further excluded are claims for compensation for damages that did not occur to the subject matter of the contract itself. This does not apply if liability is mandatory due to legal requirements.

7.7 In any case, no warranty shall be assumed in the event of unsuitable or improper use, treatment or application.

7.8 Furthermore, no guarantee is given that the website is always online. The Seller reserves the right to temporarily shut down the online store for maintenance reasons.

7.9 For consumer transactions, the statutory provisions of § 9 KSchG shall apply. Any further warranty claims of the user are excluded, in particular claims for compensation for damages that have not occurred to the subject matter of the contract itself. This does not apply if liability is mandatory due to legal requirements.

7.10. If there is a defect recognized by the seller and it has come to the subsequent delivery, the user is obliged to return the first delivered goods within 14 days at the expense of the seller. The seller reserves the right to claim damages under the conditions regulated by law.

1. Liability

8.1 The Seller shall only be liable for damage to the delivered goods themselves and only in the event of intent and gross negligence. Other and further claims of the user, in particular for loss of profit, loss of savings, consequential damages, pure financial losses, loss of interest and damages from claims of third parties also from the title of product liability against the seller are excluded in any case - with the exception of consumer transactions. The liability for personal injury remains unaffected.

8.2 Except in the case of consumer transactions, the injured party must prove the existence of gross negligence.

8.3 In particular, the Seller shall not be liable for damages resulting from force majeure, labor disputes in its own and third party operations, machine breakdown, other production-related failures for which the Seller is not responsible, sovereign measures, disturbances, interruptions or other defects in the direct or indirect network connection, for actions of third parties in the network area and other measures for which neither of the parties is responsible or necessary and expedient technical measures (e.g. maintenance).

8.4 With the exception of consumer transactions, the amount of damages shall be limited to the simple order value.

8.5 To the extent that liability is limited by law, this shall also apply to the personal liability of the Seller's employees, staff, representatives and vicarious agents.

8.6 Claims for damages shall become statute-barred - with the exception of consumer transactions - within 6 months of knowledge of the damage and the damaging party. In cases of intentional breach or grossly negligent breach of duty and fraudulent concealment of defects as well as in the case of claims for damages under the PHG, the statutory limitation provisions shall apply.

8.7 In any case, the Seller shall not be liable for any failure of the server. The Seller is entitled to temporarily suspend the Online Shop for necessary reasons (e.g. maintenance, security, capacity, improvement, etc.).

8.8 The links offered on the website are carefully selected, but no liability is assumed for the content of the pages offered via link.

8.9 In the event of damage caused by one of the Seller's assistants, the Seller shall assign to the User all claims to which it is entitled against the assistant without warranty. In this case, the User shall have priority over this assistant.

1. Privacy

9.1 The Seller shall comply with the relevant data protection provisions of the DSGVO and the DSG.

9.2 Personal data is only processed if you provide it to us in the context of your order for goods, when making inquiries to us (by whatever means, such as by email or via the form on our website), when opening a customer account or when registering for a newsletter.

We collect, store, read out and use the data provided by you (name, address, date of birth, age, gender, email address, company name) without your separate consent exclusively for the fulfillment and processing of your order, to respond to inquiries and, if necessary, to contact you, provided that this is required for the aforementioned purposes.

A transmission of data to third parties only takes place as far as this is absolutely necessary for the fulfillment of our contractual obligation or for the processing of inquiries. For this purpose, your name and the transmitted payment data such as account or credit card numbers are transmitted to the respective payment service providers and your name and address to the carriers such as Österreichische Post AG.

Any further data processing, in particular the transfer of data to other third parties, will only take place with express prior consent. The data processing will then only take place within the scope of the consent given. You can revoke your consent at any time, whereupon the corresponding data processing will no longer take place.

9.3 With complete execution of the contract and complete payment of the purchase price, your data will be blocked for further use and deleted after expiry of the retention periods under tax and commercial law (usually seven years) as well as the statutory warranty period (2 years from handover of the object of purchase), unless you have expressly consented to the further processing of your data. This applies to all data whose processing is necessary for the fulfillment of our legal obligation and for the defense and prosecution of legal claims.

Any data beyond this will be deleted after a period of 2 years.

When registering for the newsletter, the above data will be collected, stored, read and used for our own advertising purposes until you unsubscribe from the newsletter. Unsubscribing is possible at any time via a link in the newsletter or by e-mail to info@unbound.cc.

9.4 The above-mentioned data processing is based on § 96 para 3 TKG and on Art 6 para 1 lit a), lit b), lit c) and lit f) DSGVO.

Insofar as we carry out data processing on the basis of our legitimate interest pursuant to Art 6 para 1 lit f) DSGVO, our interest lies in being able to check and comply with complaints and to defend or pursue legal claims.

If you have given your consent for specific data processing, you may revoke this consent at any time. The data processing already carried out on the basis of the consent until the revocation remains lawful regardless of the revocation

9.5 You have the following rights in connection with the processing of your data:

Information: You can request information from us about whether and to what extent we process your data.

Correction: If we process your personal data that is incomplete or incorrect, you may request that it be corrected or completed at any time.

Deletion: You can demand that we delete your personal data if we process it unlawfully or if the processing interferes disproportionately with your interests. Please note that under certain circumstances there may not be a right to erasure, e.g. if we are required by law to retain the data.

Restriction of processing: You may request us to restrict the processing of your data if you dispute the accuracy of the data for a period of time that allows us to verify the accuracy of the data, furthermore, if the processing of the data is unlawful but you object to erasure and request restriction of data use instead, as well as if we no longer need the data for the intended purpose but you still need this data to assert or defend legal claims, or you have objected to the processing of the data.

Data portability: You have the right to have us provide you with your data in a structured, common and machine-readable format, provided that we process this data on the basis of your revocable consent or for the performance of a contract between us, and this processing is carried out with the help of automated processes.

Right of objection: If we process your data for the performance of tasks in the public interest, for the exercise of official authority or if we refer to the necessity of the processing for the protection of our legitimate interest, you can object to this data processing, provided that there is an overriding interest in the protection of your data.

Right of complaint: If you are of the opinion that we violate Austrian or European data protection law when processing your data, we request that you contact us in order to clarify any issues. You also have the right to complain to the Austrian data protection authority or to a supervisory authority within the EU.

If you exercise any of the above rights in a manifestly unfounded or particularly frequent manner, we may charge you a reasonable processing fee or refuse to process your request.

9.6 If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data and revocation of consents granted in the Data Protection Act, please contact:

unbound coffee roasters gmbh

Weisstrasse 9

6112 Wattens

E-mail: info@unbound.cc

1. Intellectual property and proprietary rights

10.1 The services, contents and structure of the homepage/website offered by the Seller on the homepage are protected by copyright.

10.2 All displayed signs, especially the unbound coffee roasters gmbh logo and the company name, are protected by trademark law.

10.3 The modification of the homepage/website is prohibited.

10.4 The alteration, removal, destruction and processing of any proprietary notices, trademarks, network markings, etc. attached to or enclosed with the delivered contractual items, as well as the outer packaging, are prohibited.

1. Subscription

11.1 For purchases by subscription, the following shall apply in addition to the above provisions:

11.2 Shipping costs are incurred for each individual delivery and are to be paid by the buyer. 

11.3 There is neither a claim to all subscription benefits themselves nor to cash payment of these.

11.4 The Barista Training as well as the Unbound Party will take place once a year at a time announced by Unbound. Registration is required for participation. This must be done in writing by mail. The prerequisite for participation is a 3-month subscription membership at the time of the party and training.

11.5 The subscription may be terminated at any time. If the dispatch of an individual delivery has already been prepared or completed at the time of receipt of the cancellation, the cancellation shall only take effect after this individual delivery. 

1. Other

12.1 The place of jurisdiction for all disputes arising from contracts with the User shall be the competent court in Innsbruck. The seller also has the option to sue the user before any other competent court. In the case of consumer transactions, the place of jurisdiction shall be determined in accordance with § 14 KSchG.

12.2 Austrian law shall apply to all contractual relationships. The application of the UN Convention on Contracts for the International Sale of Goods as well as all conflict of laws rules and intergovernmental agreements is excluded.

12.3 Should individual provisions of the above terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective conditions shall be replaced by such rules that come closest to the economic purpose of the contract while reasonably safeguarding the interests of both parties.

12.4 Amendments or supplements to a contract must be made in writing. This shall also apply to the amendment of the written form requirement.

12.5 All rights and obligations under the respective contract shall pass to the respective legal successor. Unless a universal succession is involved, each contracting party shall be obliged to transfer the rights and obligations under the contract to the legal successor.

 

Status: 01.01.2023