Terms of service

Terms and Conditions (GTC)

General Terms and Conditions with Customer Information for the Sale of Goods

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Prices and Payment Terms

  4. Delivery and Shipping Conditions

  5. Liability for Defects

  6. Redemption of Promotional Vouchers

  7. Redemption of Gift Cards

  8. Applicable Law, Jurisdiction

1) Scope

1.1 These General Terms and Conditions of Bean in Progress GmbH (hereinafter "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods (specifically coffee) and/or services (such as online gift cards) presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of gift cards and vouchers, unless explicitly stated otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After entering their personal data, the Customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or

  • delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

  • requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer.

2.5 When an offer is submitted via the Seller's online order form, the contract text is saved by the Seller and sent to the Customer in text form (e.g., e-mail) after the order is submitted, along with these GTC. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account, provided the Customer has created a customer account in the Seller's online shop before submitting the order.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there.

2.7 The contract can be concluded in English.
2.8 Order processing and contact generally take place via e-mail and automated order processing. Customers can contact the Seller at hello@beaninprogress.com. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Prices and Payment Terms

3.1 The prices stated by the Seller include statutory value-added tax (VAT) and other price components. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.
3.2 The Customer has various payment options available, which are specified in the Seller's online shop.
3.3 If advance payment by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract.
3.4 If the payment method "delivery on account" (invoice) is selected, the purchase price becomes due after the goods have been delivered and invoiced. The purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to carry out a credit check when selecting the payment method "delivery on account" and to reject this payment method in the event of a negative credit check.
3.5 Payment processing is handled primarily via the payment service "Shopify Payments." The payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments (e.g., credit card, Apple Pay, Google Pay) will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments.

4) Delivery and Shipping Conditions

4.1 The delivery of goods generally takes place by dispatch and to the delivery address specified by the Customer. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
4.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch.
4.3 Generally, the risk of accidental loss and accidental deterioration of the sold goods passes upon dispatch of the goods or handover to the commissioned transport person.
4.4 In the case of collection by the Customer, the Seller first informs the Customer by e-mail that the goods they have ordered are ready for collection. After receiving this e-mail, the Customer can collect the goods after consulting with the Seller. In this case, no shipping costs will be charged.

5) Liability for Defects

The statutory liability for defects applies.

6) Redemption of Promotional Vouchers

6.1 Vouchers or discount codes that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
6.2 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the Promotional Voucher.
6.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
6.4 Multiple Promotional Vouchers can be redeemed for a single order, subject to the specific terms of the promotion.
6.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
6.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
6.7 The balance of a Promotional Voucher is neither paid out in cash nor earns interest.
6.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for entirely or partially with the Promotional Voucher within the scope of their contractual right of withdrawal, provided such a right has been agreed upon.

7) Redemption of Online Gift Cards

7.1 Online gift cards that can be purchased via the Seller's online shop (hereinafter "Gift Cards") can only be redeemed in the Seller's online shop, unless otherwise stated on the card.
7.2 Gift Cards and remaining balances of Gift Cards can be redeemed until the end of the third year following the year of the purchase. Remaining balances will be credited to the Customer until the expiry date.
7.3 Gift Cards can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
7.4 Multiple Gift Cards can be redeemed for a single order.
7.5 Gift Cards can only be used for the purchase of goods (such as coffee) and not for the purchase of additional Gift Cards.
7.6 If the value of the Gift Card is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
7.7 The balance of a Gift Card is neither paid out in cash nor earns interest.
7.8 A transfer of the Gift Card to third parties is permitted. The Seller is entitled, but not obliged, to check the material eligibility of the respective cardholder.

8) Applicable Law, Jurisdiction

8.1 If the Customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the Customer's place of residence.
8.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office or place of business of the Seller (Bean in Progress GmbH).