General Terms and Conditions

General Terms and Conditions (GTB)

1. Contractual Partner

The contract is concluded with Flatberry Specialty Coffee OÜ hereinafter referred to as “Seller”.

These General Terms and Conditions apply to all orders and bookings, hereinafter referred to as “Order”, between the Seller and the Buyer. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.

“Buyers” can be both consumers and entrepreneurs. A “consumer” within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed activity. An “entrepreneur” in the sense of the following provisions means any natural or legal person who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. Order Process, Conclusion of Contract and Termination

The Buyer can add the desired product to the shopping cart without obligation by clicking on it in the shop. The contents of the shopping cart can be viewed at any time without obligation by clicking on the shopping cart. Input errors can be corrected at any time using the keyboard and mouse in the input fields and products can be deleted from the shopping cart.

If the Buyer would like to purchase products from the shopping cart, he or she can initiate the ordering process by clicking on the “Continue to checkout” button. The ordering process can be ended at any time by closing the browser. By clicking on the shopping cart, the Buyer can correct his order at any time. By clicking on the “Buy now” button, the Buyer submits his binding order.

The listing of the products in the online shop does not constitute an offer from the Seller upon conclusion of a purchase contract. All offers of products presented by the Seller are subject to change and non-binding. Despite taking the greatest possible care, the Seller reserves the right to make possible errors, printing errors, technical or color changes. Likewise, the Seller assumes no liability for the accuracy of the manufacturer’s information on accessories. The contract comes with the sending of a confirmation of receipt of the order by e-mail.

If the Buyer does not have a deliverable e-mail address, the order will be confirmed when the products are delivered to the delivery address specified by the customer. The Seller reserves the right not to accept the Buyer’s order and to cancel the order before shipping. If the Seller has not accepted the Buyer’s offer, the offer is considered rejected. Products that are not listed in the order confirmation do not constitute a purchase contract.

If the Seller is unable to deliver the Buyer’s order, the Buyer will be informed immediately by the Seller and the payment made will be refunded immediately. All products offered are only sold in normal household quantities.

If the Buyer has concluded a contract for the continued delivery of products (subscription) with an indefinite or limited term, this contract can be terminated by either party at any time without giving reasons after the 2nd delivery. Cancellation before the second delivery is only possible if the Buyer pays the difference in the discount to the individual purchase plus a processing fee of 5.00 euros. Termination must be received by the Seller no later than 5 days before the next planned shipping date. If this is not the case, the subscription ends immediately after the next delivery. As soon as the Buyer takes out a subscription, a user account is created for him and the Buyer receives an email to activate the user account. A user account is required to regulate the subscription for the buyer.

An interruption, extension or termination takes place after logging into the user account. In the user account menu, the Buyer selects “My Subscription” and can choose to interrupt, extend or cancel the subscription. If the Buyer wants to reactivate the subscription after an interruption, they must proceed accordingly. In the user account, the Buyer can click on “My Subscription” and reactivate the subscription.

3. Prices and Payment

The prices mentioned are in Euros. Sales tax is included in all prices. Delivery and shipping costs are not included in the prices shown.

The Seller reserves the right to exclude individual payment methods from the Buyer. This applies in particular to first-time orders or orders with Buyers whose creditworthiness is not guaranteed. During the ordering process, the Buyer will be informed about the payment methods available in individual cases.

When paying by direct debit, the Buyer must bear the costs that arise as a result of the payment being reversed due to insufficient funds in the account or due to incorrect bank details provided by the customer. The Buyer can use a voucher to offset the purchase of goods; This excludes delivery and shipping costs. Shipping costs can be covered from a certain country-dependent value of goods. The option “Free shipping for you – We’ll take care of it!” will be displayed in the checkout if the minimum amount for the country-dependent goods value has been reached after the seller has entered their address including country. If this option is not shown the delivery and shipping costs will be shown, instead.

4. Delivery

Unless an expressly binding delivery date has been agreed, the delivery date or delivery periods are exclusively non-binding information. The start of the delivery time specified by the Seller presupposes the timely and proper fulfillment of the Buyer’s obligations. The exception of the unfulfilled contract remains reserved.

If the Buyer defaults on acceptance or culpably violates other obligations to cooperate, the Seller is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. The Buyer, for his part, reserves the right to prove that there was no damage at all or at least significantly less than the amount demanded. The risk of accidental loss or accidental deterioration of the purchased item passes to the buyer at the point in time at which the buyer defaults on acceptance or debtor.

The Buyer has the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the Buyer or a third party named by him takes possession of the products. In the case of subscription contracts, you can also cancel the subscription within fourteen days without giving reasons. The deadline is calculated in the same way as the general right of withdrawal. In order to exercise the right of withdrawal, the Buyer must notify the Seller

Flatberry Specialty Coffee OÜ
Peterburi tee 44/3
11415 Tallinn
Estonia
E-mail: hello@flatberry-coffee.com

inform you of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by registered post or by e-mail). In order to meet the cancellation period, it is sufficient for the Buyer to send notification of the exercise of the right of cancellation before the cancellation period has expired.

If the Buyer withdraws from the contract, the Seller must repay all payments received from the Buyer immediately and no later than fourteen days from the day on which the notification of the Buyer’s withdrawal from the contract and the products in their original packaging without prejudice received again by the Seller. For this repayment, the Seller uses the same means of payment that the Buyer used in the original transaction, unless expressly agreed otherwise with the Buyer. In no case will the Seller charge the Buyer any fees for this repayment. The Seller may refuse reimbursement until the Seller has received the products back or until the Buyer has provided evidence that he has returned the products, whichever is the earlier. The Buyer must deliver the goods immediately and in any case no later than fourteen days from the day on which the Buyer informs the Seller of the withdrawal from this contract to:

Flatberry Specialty Coffee OÜ
Peterburi tee 44/3
11415 Tallinn
Estonia
E-mail: hello@flatberry-coffee.com

to return or hand over. The deadline is met if the Buyer sends the products before the fourteen day period has expired. The Buyer bears the direct costs of returning the products. The Buyer only has to pay for any loss in value of the products if this loss in value is due to an extent that is not necessary to check the nature, properties and functionality of the products. The Buyer must avoid damage and contamination of the products. The Buyer returns the products to the Seller in their original packaging with all accessories and all packaging components. The Buyer should use protective outer packaging if necessary.

The right of withdrawal does not apply to contracts for the delivery of products that are not prefabricated and for the production of which an individual selection or determination by the Buyer is decisive, or that are clearly tailored to the personal needs of the Buyer. This applies in particular to

• Contracts for the delivery of products that can spoil quickly or whose expiry date would quickly be exceeded,
• Contracts for the delivery of sealed products that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• Contracts for the supply of products containing foodstuffs that have already been placed on the market, i.e. have been handed over for dispatch,
• Contracts for the delivery of products if, due to their nature, they were inseparably mixed with other goods after delivery,
• Contracts for the delivery of products customized, ground or mixed by the seller according to the Buyer’s wishes,
• Contracts for the delivery of products that were made individually for the buyer, such as the coffee product with your own photo or text.

The Seller expressly points out that food is excluded from being returned due to hygiene and health regulations and may no longer be placed on the market. The Buyer’s right of withdrawal expires when the Seller accepts the delivery of the food.

7. Warranty

The statutory warranty obligation applies to consumers. For entrepreneurs, the Seller initially guarantees defects in the products through repair or replacement delivery, at the Seller’s discretion. The Buyer must immediately inspect the delivered products for quality and quantity deviations and notify the seller in writing of any visible defects within 5 days of receipt of the products. If a complaint is not made within 5 days, the products are deemed to have been delivered properly and complete, unless it is a defect that was not recognizable during the inspection. Deadline is sufficient for the timely dispatch. The above does not apply to the purchase of consumer goods.

All complaints must generally be made in writing and must be addressed to the seller immediately after the defect occurs. If the Buyer is a merchant, he can only assert claims under the warranty if he has fulfilled his obligations to inspect and give notice of defects. The limitation period for warranty claims for the delivered products is two years from receipt of the products, and one year for entrepreneurs.

9. Special Conditions for Seminars and Courses

The price for participation in the seminars is per person. This is independent of whether the seminar or course takes place live or online. In the event that the minimum number of participants of 5 people is not reached during the seminar or course, the Seller can withdraw from the contract concluded with the Buyer.

If the Buyer withdraws from the purchase, the following cancellation scale applies (cancellation fee):

• from the day of booking up to and including 31 days before the seminar/course 40%
• 30 days up to and including 15 days before the seminar/course 60%
• 14 days up to and including the day of the seminar/course or in the event of no-show/non-participation 100%

from the booking/ purchase price that the Buyer has to pay. The seller will reimburse the Buyer the amount of the seminar/ course after deducting the cancellation fee. In all cases, the Buyer must inform the seller of the withdrawal by email.

It is possible for the Buyer to organize replacement participants free of charge, provided that the buyer notifies the Seller of the replacement participant by email, providing the contact details (name, address, email, telephone number) and that the replacement participant actually participates in the seminar/course he follows.

A rebooking of the date by the Buyer can be checked by the Seller once up to and including 31 days before the seminar/ course for a fee of 15.00 euros. The fee must be paid in advance regardless of whether there are actually free places available for the rebooking. The duration of the test is approximately 7 working days. The Buyer can organize replacement participants free of charge.

If, in the case of online seminars, coffee packages are sent to the Buyer before the replacement participant is named, the Buyer will forward the coffee package to the replacement participant at his own expense. If the replacement participant for the online seminar does not receive the coffee package, the cancellation rate applies at 100% of the booking/ purchase price.

If it is not possible for the Seller to hold the seminar due to statutory or legal requirements or general conditions, the seller will inform the buyer immediately and provide alternative dates. The Buyer then chooses an alternative date and is rebooked by the Seller.

10. Liability

The Seller always has unlimited liability for claims due to damage caused by the seller, its legal representatives or vicarious agents

• in the event of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of the Seller, their legal representatives or vicarious agents, the liability is limited to the amount The conclusion of the contract limits the foreseeable damage that must typically be expected. Otherwise, claims for damages are excluded.

When creating the individualized label, the Buyer guarantees that the rights of third parties are not violated by the images uploaded by him and that he releases the seller from all claims that rights holders assert against the Seller due to a legal violation caused by the Buyer. The same applies to texts or other media used by the Buyer. The Buyer transfers to the seller the right to edit his data for the processing and quality of the labels and to publish them on the desired coffee. The Seller reserves the right not to produce or send labels with content such as racist, obscene and discriminatory depictions as well as labels that, from the Seller’s point of view, violate or threaten to violate the rights of third parties. In this case, the seller will inform the Buyer of the failure to process the item and will refund any payments made to the Seller in the meantime.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which the Buyer can find here:

https://ec.europa.eu/consumers/odr/.

The Seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

12. Miscellaneous

This contract and the entire legal relationship of the parties are governed by the laws of Estonia, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German or English. If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction for all disputes arising from this contractual relationship is the registered office of the Seller. The same applies if the Buyer is an entrepreneur and does not have a general place of jurisdiction in Estonia. The Seller is also entitled to sue the buyer at his general place of jurisdiction. If the Buyer is an entrepreneur, all changes, additional agreements, termination and cancellation of this agreement must be in writing. This also applies to any change or cancellation of this clause.

The Seller reserves the right to change these general terms and conditions in the future if this appears necessary and the interests of the Buyer are not unreasonably affected. The need for changes may arise in particular from adapting to changes in legislation and case law and from further development of the seller’s services. Any such changes to these General Terms and Conditions will be communicated to the Buyer in an appropriate manner. At the same time, the Seller will grant the buyer a reasonable period of at least four weeks to declare whether he accepts the changed general terms and conditions. If the Buyer does not object to the changed general terms and conditions within this period, the changed or supplementary General Terms and Conditions will become effective against him. In the information about the changes at the start of the deadline, the Seller will specifically point out this legal consequence, i.e. the possibility of objection, the deadline and the legal consequences, in particular with regard to a failure to object. This change mechanism does not apply to changes to the contractual partners’ main contractual performance obligations.

Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions remain unaffected.

13. Contractual Partner

The contract is concluded with:

Flatberry Specialty Coffee OÜ
Peterburi tee 44/3
11415 Tallinn
Estonia

Register: 16547901

VAT: EE102521759

Status: 21. October 2024