General Terms and Conditions of Kafi Kolibri GmbH, 3012 Bern (hereinafter referred to as Kafi Kolibri)

 

These general terms and conditions govern the legal relations between customers and Kafi Kolibri.

 

1. General

The products and services listed on the website are not binding offers. Kafi Kolibri reserves the right to change descriptions, products and services at any time.

2. Coffee delivery and coffee subscription

Kafi Kolibri offers different types of coffee, which were purchased directly from the farmers. The descriptions of the coffees have been made to the best of our understanding. The coffees are not standardized products. Therefore, it may happen that the coffee has small differences from lot to lot, but this is not a defect of the coffee.

The fill quantities and their prices can be found on the website. They can be purchased directly in the webshop. Minimum order amount Fr. 30.00. From a purchase amount of Fr. 100.00 no shipping costs are charged. For orders below Fr. 100.00 a shipping fee of Fr. 7.90 (for Switzerland, shipping abroad on request) will be charged. All prices include VAT.

The customer can buy a coffee subscription with 14-day rhythm or monthly rhythm. The price will be automatically charged to the credit card with which the first payment was made (recurring payment). The subscription can be cancelled at any time by either party. The notice period is 7 days before the next delivery. The cancellation can be made in the user account under subscriptions. Anyone who has purchased as a guest without opening a user account can submit the cancellation by sending an e-mail to info@kafi-kolibri.ch with the order number.

Orders are binding. If the desired type of coffee is sold out or not available in the desired quantity, Kafi Kolibri can withdraw from the contract within 10 working days. In case of withdrawal, the amount charged on the credit card will be credited to your credit card. A payout or transfer to a bank or PC account is not possible. Further claims are excluded.

Delivery times are not binding.

For larger order quantities, you should contact us in advance so that we can clarify the availability.

Ordered goods can not be returned. Upon receipt of the coffee, it should be inspected and any defects reported immediately to info@kafi-kolibri.ch. If any hidden defects are found later, these should also be reported immediately. In both cases, the coffee must be kept for the attention of Kafi Kolibri so that we can check the defects. Taste deviations and different sizes of coffee beans are not defects, but production-related and can vary from season to season due to the climate in the growing country or due to the roasting.

3. Green beans

Kafi Kolibri also offer green coffee. All requests should be made via contact form, although it can not be guaranteed that the green coffee is available at any time and in any quantity.

4. Coffee tours

Coffee tour vouchers can be purchased through the Kafi Kolibri website. When booking, please indicate the desired coffee tour. The voucher is valid only for this coffee tour, a rebooking is not possible. The coffee farmers provide the listed services in their own name. The corresponding contract is only concluded with the desired coffee farmers when booking the coffee tour. The customer receives the relevant information with the voucher, so that he can contact the coffee farmer directly and arrange the date of the coffee tour.

The service obligations of the booked coffee farmer result from his invitation to tender, which has been published on the website of Kafi Kolibri. The journey to the coffee farmer is not subject of the service. Guests are responsible for their own arrival and arrival at the agreed time and place at their own expense. The tours take place outside and in any weather. It is strongly recommended to wear high closed shoes and to carry appropriate clothes. The visits take place on a running farm, so the guide’s instructions must be followed, also for the safety of the client and the guests.

It is possible that the authorities issue protection measures or the coffee farmer protection concepts, which must be followed. The Coffee Grower is entitled to refuse his services if the Customer and the Guests do not comply with these instructions. Protective measures are not a bad fulfillment of the contract, if the Coffee Grower can fulfill his obligations.

The voucher is used to facilitate payment.

The voucher is valid for one year from the date of issue. The voucher cannot be paid in cash or used for coffee purchases.

The voucher will be refunded if the coffee grower ceases to operate or if a visit is no longer possible due to official orders. In this case the time of the agreed visit is decisive. If no date has yet been agreed, this provision shall only apply if the official measures cover at least three quarters of the period of validity of the voucher.

5. Volunteering

Kafi Kolibri cooperates with Green Communities, which offers young people the opportunity to get to know the work of local coffee farmers during a stage. The Stages are organized and carried out by Green Communities. The information on the Kafi Kolibri website is for general information only. The official publications of Green Communities are authoritative.

6. Tip to the coffee farmers

You have the possibility to enter a voluntary tip for the coffee farmers in the shopping cart. The tip (minus CH VAT and administrative expenses) will be transferred to the coffee farmers once a year.

7. Coffee knowledge

“From the bush to the cup” and “coffee-facts” give you comprehensive information about coffee production, cultivation, transport and other aspects of coffee. This information has been carefully compiled. However, Kafi Kolibri cannot guarantee that it is up-to-date, complete and correct. Such information can change at short notice.

8. Data protection

You can find the data protection information at https://kafi-kolibri.ch/datenschutzerklaerung/

If you purchase and pay for services via our store, the payment process is handled by PAYREXX AG, 3600 Thun. The privacy policy of PAYREXX can be accessed at https://www.payrexx.ch/site/assets/files/3945/datenschutzerklaerung.pdf or https://www.payrexx.ch/de/rechtliches/.

9. Liability

Coffee deliveries

Kafi Kolibri cannot guarantee the availability of certain types of coffee. The liability for defects is limited to the subsequent delivery of a defect-free quantity of the same type of coffee. If this is not or no longer available, another coffee type (same quantity, same price) can be selected from the Kafi Kolibri range. Further rights are excluded (in particular liability for indirect damage, loss of profit, etc. is excluded).

Coffee tours

The coffee farmers provide the coffee tour in their own name, i.e. the customer concludes the contract directly with the respective farmer when booking the tour. Kafi Kolibri is not a contracting party for the booked coffee tour. Kaffee Kolibri excludes liability for its execution, for damages of any kind etc.. This exclusion of liability concerns contractual, as well as non-contractual or quasi-contractual claims.

Volunteering

Those who participate in a volunteering program conclude the contract directly with Green Communities. Kafi Kolibri is not a contracting party of the volunteering program. Kafi Kolibri only serves as a contact point in this regard.

Information about coffee, country and people etc. on the website and general liability information

The information on the website of Kafi Kolibri has been carefully compiled. Nevertheless, Kafi Kolibri cannot assume any liability for its correctness and up-to-dateness. Should visitors to the website or customers make decisions based on this information, they do so under their own responsibility. Kafi Kolibri recommends to inform the responsible authorities in advance.

Furthermore, Kafi Kolibri excludes liability to the extent permitted by law.

10. Applicable law and place of jurisdiction

Swiss law shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention).

Bern is agreed as the exclusive place of jurisdiction.

Kafi Kolibri GmbH, Hochfeldstrasse 106, 3012 Bern, Switzerland

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