Terms of service
General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Radicale UG (haftungsbeschränkt)) via the website rdcl.coffee. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or self-employed profession. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade or self-employed profession.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to buy are placed in the "cart". You can open the "cart" using the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or a similar label) and entering your personal data and the payment and shipping terms, the order data are finally shown to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you are either taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the instant payment system, you make the corresponding selection or enter your data there. Finally, the order data are shown to you as an order overview on the website of the provider of the instant payment system or after you have been returned to our online shop.
Before sending the order, you have the opportunity to check the information in the order overview again, to change it (also via the "back" function of your web browser) or to cancel the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or a similar label), you declare legally binding acceptance of the offer, which concludes the contract.
(4) Your requests for a quote are not binding on you. We then make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by email, partly automated. You must therefore ensure that the email address you have given us is correct and that receipt of the emails is technically ensured.
§ 3 Contract term / termination of subscription contracts
(1) The subscription contract concluded between you and us runs for an indefinite period. Either party can terminate the contract with one month's notice to the end of a month (unless otherwise stated in the respective offer).
(2) The right to terminate without notice for good cause remains unaffected.
(3) Every termination must be declared and sent either in text form (e.g. email) or via the termination button integrated on our website ("Cancel contracts here" or a similar label).
§ 4 Personalised goods
(1) You provide us with the suitable information, texts or files required for personalising the goods via the online order system or by email without undue delay after the conclusion of the contract at the latest. Any requirements we set for file formats must be followed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also covers the costs of the necessary legal representation in this connection.
(3) We do not check the transmitted data for correctness of content and accept no liability for errors in this respect.
§ 5 Special agreements on the payment methods offered
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is always made to Klarna:
Invoice ("Pay Later"): You find Klarna's invoice terms for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment period are at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
You find Klarna's invoice terms for Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the terms for the option to extend the payment period are at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.
Instalments ("Financing"): Details on instalment purchase, including the terms and conditions and the European standard information for consumer credit for Germany, are at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms for the payment option "Pay in 3 instalments" are at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
Details on instalment purchase, including the terms and conditions and the European standard information for consumer credit for Austria, are at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account; the terms for the payment option "Pay in 3 instalments" are at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3.
More information on Klarna and Klarna's terms of use for Austria is at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
(2) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout", payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are shown to you under a correspondingly labelled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment terms apply to these, you will be informed of them separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via "Shopify Payments"
If you choose a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment is processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are shown to you under a correspondingly labelled button on our website and in the online ordering process. Stripe may use other payment services to process payments; if special payment terms apply to these, you will be informed of them separately. You can find more information about Shopify Payments at https://www.shopify.com/de/legal/terms-payments/de.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the goods subject to retention passes, pledging them or transferring them as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that arise to you from the resale, and we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We choose the securities to be released.
§ 7 Warranty
(1) The statutory rights for defects apply.
(2) As a consumer, you are asked to check the goods immediately on delivery for completeness, obvious defects and transport damage, and to report any complaints to us and to the carrier as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed agreed if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to be the agreed quality of the goods, but not other advertising, public promotion or statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by repair or replacement. If remedying the defect fails, you may at your choice demand a price reduction or withdraw from the contract. Remedying the defect is deemed to have failed after an unsuccessful second attempt, unless anything else follows in particular from the type of goods or defect or the other circumstances. In the case of repair, we do not have to bear the increased costs arising from moving the goods to a place other than the place of performance, unless the move corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
- to damage attributable to us and culpably caused through injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with rights for defects.
§ 8 Choice of law
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Radicale UG (haftungsbeschränkt)
Bergstraße 19
46446 Emmerich am Rhein
Germany
Phone: +49 151 29802708
Email: info@radicalecaffe.de
We are willing, but not obliged, to take part in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction follow the provisions "Conclusion of the contract" in our general terms and conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is the language in which you order in our shop: German, Dutch, English, French, Italian or Spanish.
3.2. We do not store the full contract text. Before sending the order via the online shopping cart system, you can print out the contract data using your browser's print function or save them electronically. After we receive the order, the order data, the information required by law for distance contracts and the general terms and conditions are sent to you again by email.
3.3. For quote requests outside the online shopping cart system, you receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed under a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. You bear any costs of money transfer (bank transfer or exchange fees of credit institutions) in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The delivery terms, the delivery date and any delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
7. Statutory liability for defects
Liability for defects follows the provision "Warranty" in our general terms and conditions (Part I).
8. Contract term / termination
Information on the term of the contract and the termination conditions can be found in the provision "Contract term / termination of subscription contracts" in our general terms and conditions (Part I) and in the respective offer.
