Terms and Conditions

GENERAL TERMS AND CONDITIONS UNBOUND COFFEE ROASTERS GMBH     

All deliveries and services are carried out exclusively on the basis of these General Terms and Conditions (“GTC”). These are recognized by the customer and are fully part of the contract. These General Terms and Conditions 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. Conclusion of contract
4. Cancellation policy
5. Prices, terms of payment, offsetting, retention of title
6. Delivery, shipping
7. Warranty
8. Liability
9. Data protection
10. Intellectual property and property rights
11. Subscription 
12. Other

1 Preamble

1.1 The website www.unbound.cc is an offer from unbound coffee roasters gmbh / Weissstraße 9 - 6112 Wattens (hereinafter referred to as “seller”).

unbound coffee roasters gmbh

UID number: ATU78384124

Company number: 585003z

Company register court: Regional Court of Innsbruck

Company headquarters: 6112 Wattens

Weisstraße 9

6112 Watts

Tel.: 0043 676 9003998

Email: info@unbound.cc

1.2 The seller sells top coffees from Ethiopia, Kenya, Brazil and other countries under www.unbound.cc. Coffee machines and other accessories for making coffee are also sold.

1. Scope

2.1 These terms and conditions apply to all legal transactions between the seller and the buyers/users. By using the Internet service, the user accepts these terms and conditions. Every contractual relationship with the seller is subject to these General Terms and Conditions.

2.2 Buyers/users can be both consumers and entrepreneurs.

2.3 The seller's deliveries, services and offers are carried out exclusively on the basis of these general terms and conditions in the version valid at the time the contract is concluded, as they can be accessed at any time at https://unbound.cc/policies/terms-of-service. Terms and conditions of any kind, especially purchasing conditions, that contradict these General Terms and Conditions are completely ineffective.

2.4 The seller reserves the right to change these terms and conditions at any time without giving reasons. If you use the internet service again, you are deemed to have agreed to the changed terms and conditions.

1. Conclusion of contract

3.1 The user has the option of creating 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 their email address in the registration form, sets a password and clicks “Login”.

3.2 Setting the 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, printing errors, technical or Despite taking the greatest possible care, the seller reserves the right to make color changes and minor deviations from the described content.

3.4 The seller also assumes no liability for the accuracy of the manufacturer's information.

3.5 The buyer's offer to conclude a purchase contract lies in the user submitting the order. By ordering the goods, the user declares bindingly that they want to purchase the ordered goods. The user places his order as follows: after he has placed the goods he wants in his shopping cart and has entered the data required to process the order on the following page and has selected his payment method on the following page, he will be informed on the The last page of the ordering process provides an overview of your order. Here the user has the opportunity to change his order and the information provided and, if necessary, Correct input errors. By clicking on the “Buy Now” button, the buyer places a binding order and accepts these terms and conditions.

3.6 The contract is concluded when a confirmation of receipt of the order is sent via email.

3.7 Since some of the goods are natural, exclusive and limited in availability, the seller reserves the right to increase the delivery quantities for large orders if necessary. to limit or to be delivered in several tranches or to make a distribution if there is excess demand for a good.

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

1. Cancellation policy in accordance with. FAGG

The statutory cancellation provisions of the FAGG and KSchG apply. More information on unbound.cc under “CANCELLATION POLICY”.The seller reserves the right to claim damages under the legally regulated conditions.

1. Prices, payment terms, offsetting, retention of title

5.1 The prices apply at the time of ordering. All prices stated on the website are subject to change, non-binding and subject to change at any time. The prices stated are generally gross prices (including the applicable VAT) in euros from the seller's warehouse, excluding packaging, shipping and any other taxes and customs fees. Packaging and shipping costs as well as any other taxes and customs fees 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 web shop. The shipping fees are calculated per delivery and are independent of partial deliveries and the number of items ordered.

5.2 Coffee tax is due for deliveries to companies based in Germany. In this case, the tax debtor is the German company. For orders from private customers based in Germany (mail order), unbound coffee roasters gmbh is the tax debtor and takes care of the proper payment.

5.3 The invoice amount is due upon receipt of the sent invoice. The user can pay the purchase price in advance or via PayPal and must use the payment method specified when ordering. The seller reserves the right to check the user's creditworthiness during the ordering process and, if necessary, to exclude individual payment methods.

5.4 In the event of late payment, the seller is entitled (subject to asserting higher damages that must be specifically proven) to charge the user all costs necessary for appropriate legal action as well as the statutory default interest. Section 456 UGB applies to entrepreneurs.

5.5 In addition, the seller is entitled at any time to exclude the buyer from ordering further goods.

5.6 Objections to the invoiced claim must be raised by the user within 14 days of the invoice date, otherwise the claim is deemed to have been accepted. The seller will inform the user of this deadline and of the legal consequences that may arise if it is not observed.

5.7 The user is not entitled to offset outstanding claims against the seller unless the seller becomes insolvent or the counterclaim is recognized or determined by a court.

5.8 Ownership of the contractual service remains with the seller until the purchase price has been paid in full. The user is obliged to take all precautions to secure and protect the seller's property, i.e.H In particular, pledging, transfer of security or other exploitation is prohibited.

1. Delivery, shipping

6.1 The place of fulfillment for the seller's deliveries is the seller's registered office.

62 Within the scope of the availability stated for the respective product, the goods will be dispatched by the seller as quickly as possible. If an item is not in stock at the seller, he will deliver as quickly as possible within the scope of availability. Every delivery is made under the condition that the seller himself is delivered in a timely and proper manner.

63 Delivery dates or service deadlines that are bindingly agreed must be in writing. Compensation for damages due to late delivery is excluded in any case, unless there is intent or gross negligence on the part of the seller. For consumer transactions, the performance period is a maximum of 30 days after conclusion of the contract. If the seller is unable to deliver the ordered goods through no fault of his own (e.g. because a supplier has not fulfilled his contractual obligations), the seller is entitled to withdraw from the contract with the user.

64 Cases of force majeure, traffic or operational disruptions, strikes, lack of raw materials and the like lead to a reasonable extension of the delivery time.

64 If not all items ordered are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the buyer.

65 If the buyer defaults on acceptance, all risks of accidental loss of the goods or accidental deterioration of the purchased item are transferred to the buyer at this point.

66 The seller will deliver the ordered products to the delivery address specified by the user. The seller chooses the means of transport and the transport route. The user is obliged to accept the delivered products, even if they have any defects.

66 The user has the option of taking out transport insurance, the costs of which he must bear. In consumer transactions, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier designated by the consumer; unless the consumer himself has concluded the transport contract.

67 If 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 will bear the costs for the unsuccessful delivery.

68 If the seller is to blame for a delay in delivery, the user can demand fulfillment or withdraw from the contract by setting a reasonable grace period (at least 3 weeks from delivery of the deadline).

69 If the goods are damaged during transport, the user must immediately report the damage to the transport company and claim the damage there. The seller is not liable for culpable behavior of third parties, unless the user is a consumer.

1. Warranty and compensation

7.1 The user is aware that color deviations and/or pattern deviations may occur in the goods sent by the seller, from handcrafted production as well as in natural products. These are minor defects and therefore do not give rise to warranty claims.

7.2 In the case of consumer transactions, the legal provisions of Section 9 KSchG apply; consequently, the consumer's warranty rights cannot be excluded or limited before knowledge of the defect; The statutory warranty provisions apply.

7.3 The user is responsible for proving that the defect was present when the goods were handed over. The reversal of the burden of proof in accordance with Section 924 Sentence 2 ABGB is therefore excluded. This does not apply to consumer transactions.

7.4 If there was a defect for which the seller was responsible when the contractual item was handed over, the seller will remedy this at its discretion by repairing or replacing it. Change is impossible.

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

7.6 Warranty claims by the user that go beyond this regulation are excluded. Claims for compensation for damage that did not arise from the subject matter of the contract itself are excluded. This does not apply if liability is mandatory due to legal requirements.

7.7 In any case, no liability is assumed in the event of unsuitable or improper use, treatment or application.

7.8 Furthermore, there is no guarantee that the website will always be online. The seller reserves the right to temporarily shut down the online shop for maintenance reasons.

7.9 In the case of consumer transactions, the legal provisions of Section 9 KSchG apply Any further warranty claims by the user are excluded, in particular claims for compensation for damage that did not arise from 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 a subsequent delivery has been made, the user is obliged to return the goods delivered first within 14 days at the seller's expense. The seller reserves the right to claim damages under the legally regulated conditions.

1. Liability

8.1 The seller is only liable for damage to the delivered goods themselves and only in the event of intent or gross negligence. Other and further claims of the user, in particular for lost profits, lost savings, consequential damages, pure financial losses, loss of interest and damages from third-party claims, including those arising from product liability against the seller, are excluded in any case - with the exception of consumer transactions. 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 is not liable for damages resulting from force majeure, labor disputes in its own or third-party companies, machine breakdowns, other production-related failures for which the seller is not responsible, sovereign measures, disruptions, interruptions or other defects in the direct or indirect network connection, for actions Third parties in the network area as well as other measures for which neither party is responsible or necessary and appropriate technical measures (e.g.b Maintenance).

8.4 The amount of damages - with the exception of consumer transactions - is limited to the simple order value.

8.5 To the extent that liability is limited as permitted by law, this also applies to the personal liability of employees, employees, representatives and vicarious agents of the seller.

8.6 Claims for damages expire - with the exception of consumer transactions - within 6 months of becoming aware of the damage and the perpetrator. In cases of intentional violation 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 statute of limitations applies.

8.7 In any case, the seller is not liable for a server failure. The seller is entitled to close the online shop for necessary reasons (e.g.b Maintenance, security, capacity, improvement, etc. temporarily discontinued.

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

8.9 In the event of damage caused by an agent of the seller, the seller assigns all claims to which it is entitled against the agent to the user without guarantee. In this case, the user will give priority to these assistants.

1. Data protection

9.1 The seller observes the relevant data protection provisions of the GDPR and the DSG.

9.2 Personal data will only be processed if you provide it to us when ordering goods, when making inquiries to us (in whatever way, for example by email or via the form on our website), when opening a customer account or when registering for a newsletter.

We collect, store, read and use the data you provide (name, address, date of birth, age, gender, email address, company name) without your separate consent exclusively to fulfill and process your order and to answer inquiries and, if necessary, to contact you if this is necessary for the stated purposes.

Data will only be transmitted to third parties if this is absolutely necessary to fulfill our contractual obligation or to process inquiries. For this purpose, your name and the payment data transmitted, such as account or credit card numbers, will be transmitted to the respective payment service providers and your name and address will be transmitted to the freight forwarders such as Österreichische Post AG.

Any further data processing, in particular passing it on to other third parties, will only take place with express prior consent. Data processing then takes place exclusively within the scope of the consent given. You can revoke your consent at any time, after which the corresponding data processing will no longer take place.

9.3 Once the contract has been completed and the purchase price has been paid in full, your data will be blocked for further use and deleted after the expiry of the tax and commercial law retention periods (usually seven years) and the statutory warranty period (2 years from handover of the purchased item), unless expressly requested have consented to the further processing of your data. This applies to all data whose processing is necessary to fulfill our legal obligations and to defend and pursue legal claims.

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

When you register for the newsletter, the above data will be collected, stored, read and used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time via a link in the newsletter or by email to info@unbound.cc.

9.4 The above-mentioned data transfers are carried out on the basis of Section 96 Paragraph 3 TKG as well as on the basis of Art 6 Paragraph 1 lit a), lit b), lit c) and lit f) GDPR.

If we carry out data processing based on our legitimate interest in accordance with Article 6 Paragraph 1 lit f) GDPR, our interest lies in examining complaints and complying with them and in being able to defend or pursue legal claims.

If you have given your consent for certain data processing, you can revoke it at any time. The data processing that has already been carried out based on the consent up to 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 can request that it be corrected or completed at any time.

Deletion: You can request that we delete your personal data if we process it unlawfully or if the processing disproportionately interferes with your interests. Please note that there may not be a right to deletion under certain circumstances, e.g.b if we are obliged to retain the data due to legal regulations.

Restriction of processing: You can request that we restrict the processing of your data if you dispute the accuracy of the data, for a period that enables us to check the accuracy of the data, and further if the processing of the data data is unlawful, but you refuse to delete it and instead demand a restriction on the use of the data, also 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 object to the processing of the data have inserted data.

Data portability: You have the right to have your data made available to you in a structured, commonly used and machine-readable format, provided that we process this data based on a consent you have given and can be revoked or to fulfill a contract between us Processing is carried out using automated procedures.

Right to object: If we process your data to carry out tasks in the public interest, to exercise official authority or if we rely on the need to protect our legitimate interest during processing, you can object to this data processing, provided that this is overriding There is an interest in protecting your data.

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

Excessive claim of rights: If you exercise one of the rights mentioned obviously unfounded or particularly frequently, we can charge a reasonable processing fee or refuse to process your application.

9.6 If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data or revocation of consent given under the Data Protection Act, please contact:

unbound coffee roasters gmbh

Weisstraße 9

6112 Watts

Email: info@unbound.cc

1. Intellectual property and property rights

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

10.2 All symbols shown, in particular the unbound coffee roasters gmbh logo and the company name, are protected by trademark law.

10.3 Changing the homepage/website is prohibited.

10.4 The modification, removal, destruction and processing of any proof of ownership, trademarks, network identifications, etc.affixed to or attached to the delivered contractual items, as well as the outer packaging, are prohibited.

1. Subscription

11.1 For subscription purchases, the following applies in addition to the above provisions:

11.2 Shipping costs apply to each individual delivery and must be paid by the buyer.

11.3 There is no entitlement to all of the subscription benefits themselves or to a cash payment for them.

11.4 The barista training and the Unbound party take place once a year at a time announced by Unbound. Registration is required to take part. This must be done in writing by email. The prerequisite for participation is a 3-month subscription membership at the time of the party and training.

11.5 The subscription can be canceled at any time. If the dispatch of an individual delivery has already been prepared or completed at the time the termination is received, the termination will only come into force after this individual delivery.

1. Other

12.1 The place of jurisdiction for all disputes arising from contracts with the user is the competent court in Innsbruck. The seller also has the option of suing the user in any other competent court. For consumer transactions, the place of jurisdiction is determined in accordance with Section 14 KSchG.

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

12.3 If any of the above conditions are or become invalid, this will not affect the effectiveness of the remaining provisions. The ineffective conditions should be replaced by rules that come closest to the economic purpose of the contract while appropriately safeguarding the interests of both parties.

12.4 Changes or additions to a contract must be made in writing. This also applies to changes to the written form requirement.

12.5 All rights and obligations from the respective contract are transferred to the respective legal successor. Unless this is a universal succession, each contractual partner is obliged to transfer the rights and obligations from the contract to the legal successor.

As of: 17.102023