Terms & Conditions
Standard Business Terms and customer information
Supplement to the general terms and conditions and customer information on event rental (see below).
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts, which you conclude with us as a supplier (Coffee Colorato UG (limited liability)) via the website https://coffeecolorato.com/, unless an amendment has been agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is exercising their commercial or independent professional activity (entrepreneur). A contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The main features of the goods can be found in the respective offer.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order. By sending the order via the corresponding button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) You can also submit a binding contract offer (order) by telephone, e-mail, fax or post.
The acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by telephone or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(5) On request, we will create an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days (unless a different period is stated in the respective offer). You accept the offer with confirmation in text form.
(6) The completion of the order and the transfer of all information necessary in connection with the final contract is partially automated email. They have, therefore, ensure that you stored in your e-mail address is correct, the receiving of emails is technically assured and especially not inhibited by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices listed in the respective offers and the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price, they will be calculated separately unless free delivery has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.
(3) If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
(4) Costs incurred for the money transfer (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
(5) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or in the invoice.
(6) SEPA direct debit (basic and / or company direct debit)
When paying by SEPA core direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit is collected within 5 - 15 days after the conclusion of the contract. The deadline for submitting the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
We reserve the right to exclude the payment methods SEPA core direct debit and/or SEPA company direct debit in individual cases.
§ 4 delivery conditions
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. When paying in advance by bank transfer, the goods will only be shipped after we have received the full purchase price and shipping costs.
(2) If, contrary to expectations, a product you have ordered is not available despite the timely conclusion of an adequate hedging transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) The dispatch takes place at your own risk. If you wish, the shipment will be made with appropriate transport insurance, whereby you will have to bear the costs incurred as a result.
(4) Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged additional shipping costs as a result.
§ 5 warranty
(1) The warranty period is one year from delivery of the item. The shortened deadline does not apply:
- culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we maliciously concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency;
- with statutory recourse claims that you have against us in connection with rights to defects.
(2) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
§ 6 retention, retention of title
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
(3) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies to the exclusion of the UN Sales Convention.
(2) The place of performance and jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II. Customer Information
1. Identity of the seller
Coffee Colorato UG (limited liability)
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, treaty text storage
3.1. Contract language is English.
3.2. We do not save the full text of the contract. Before sending the order or the request, the contract data can be printed out or saved electronically using the print function of the browser.
These terms and conditions were drawn up by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. More information can be found at: http://www.haendlerbund.de/agb-service.
last update: 27.10.2020
Addition to the general terms and conditions and customer information on event rental
1. Subject matter of the contract
The lessor Coffee Colorato UG (hereinafter Colorato) undertakes to leave the tenant in possession for a certain period of time (for details see offer/invoice/order). The current general terms and conditions apply, available at: www.coffeecolorato.com.
The rental price and the deposit must be paid in advance to Colorato's account: IBAN DE48 1101 0100 2915 2759 93 SWIFT-BIC: BIC SOBKDEBBXXX, bank: solarisBank AG. Colorato undertakes to send the rental item in good time after receipt of payment and taking into account the agreed period of use or, if this is not possible, to refund the rental price immediately. After the agreed period of use has expired, the rental object must be returned to Colorato within 7 working days. The lessee must provide proof of the timely return of the goods without being asked. If the rented item is returned late, the renter undertakes to pay Colorato the surcharge of EUR 50,00 plus VAT per day or part thereof (from the end of the regular period of use). When paying by SEPA direct debit, Colorato is entitled to debit the amount due promptly or to deduct it from the deposit.
3. Use and Liability
Colorato has unlimited liability for intent and gross negligence. Colorato is only liable for simple negligence - except in the case of injury to life, limb or health - if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the contractually typical and foreseeable damage, but no more than the rental price. The period for supplementary performance is 14 days after notification of a defect. Compensation for damages can therefore only be asserted after the fourteen-day period has been missed.
The tenant undertakes to only print images/motifs that do not conflict with legal or licensing law. Colorato is not liable for the use of unauthorized or unauthorized images/motifs.
The print cartridges contain additives and colorants (details at www.coffeecolorato.com and/or the delivery notes/invoices/online shop products). In accordance with the additives approval regulation (additives that are approved for coloring food or for achieving color effects in food) and EG VO 1333/2008, the tenant uses the rented property exclusively for the following products: confectionery, decorations or coatings, fine baked goods (e.g breakfast pastries, biscuits, cakes and waffles), ice cream, desserts including flavored dairy products and non-alcoholic flavored beverages. The tenant is aware of the obligation to indicate this in accordance with the Additives Approval Ordinance. Colorato is not liable for an incorrect declaration on the part of the tenant.
The use and operation must be carried out in accordance with the statutory provisions. If the lessee uses printer cartridges that have not been expressly approved in writing by Colorato in advance, this can severely damage the object of purchase, and related warranty claims by the lessee are also lost. Print cartridges obtained directly from Colorato are automatically considered approved. The change of print cartridges is to be carried out by the tenant under the guidance of the user manual. The tenant is liable for damages, sanctions, fines or other impairments that Colorato incurs due to improper or illegal use of the purchased item. The tenant is liable for all damage caused by culpable breach of her duty to treat the rented property with care and care. For reasons of hygiene, the rented item must be cleaned daily by the tenant. Their fault is equal to that of their vicarious agents, apprentices and other agents. In the event of a fault, the tenant will endeavor to carry out troubleshooting himself in accordance with the user manual. For the full scope of services, the tenant agrees to the data transmission (e.g. image material). This includes data transfer to third countries (outside the EU). The transmission takes place on the basis of Art. 49 Para. 1 S. 1 lit. a GDPR. With the deletion of the images on the Coloranino, the data on the server are also deleted. Furthermore, the data protection declaration applies, made available at: http://coffeecolorato.com/datenschutz. Colorato is not liable - insofar as this is legally permissible - for damage caused by the failure or a defect of the rented item, unless it is guilty of gross negligence or intent. The limitation period for claims for defects arising from this contract is one year.
4. Security deposit
The full net deposit will be returned within 28 days if no replacement cartridges were used or there is no technical defect. In the event of a technical defect caused by the customer, the following price list applies: Price list
We reserve the right to: deduct any repair costs, cleaning costs, etc. from the deposit.
5. Written form and severability clause
Changes and additions to this contract as well as notifications relating to the contract must be made in writing if they are significant for the further processing of the contract (e.g. price adjustments, service changes, etc.). The validity of the remaining provisions is not affected by the possible invalidity of one or more provisions of this contract. If and to the extent that one of the provisions of this contract violates mandatory statutory provisions, the contracting parties are obliged to replace it with an agreement that achieves the intended purpose in an economically equivalent manner.
Battery Disposal Notes:
In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to inform you of the following: As the end user, you are legally obliged to return used batteries. You can return old batteries that we have or have had in our range as new batteries to our shipping warehouse (shipping address) free of charge. The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out wheeled bin means that the battery must not be disposed of with household waste.
Pb = battery contains more than 0,004 mass percent lead
Cd = battery contains more than 0,002 mass percent cadmium
Hg = battery contains more than 0,0005 percent by mass of mercury
Please note the above instructions.