General terms and conditions and customer information
Table of contents
- Introductions
- Orders
- Deliveries
- Returns and customer service
- Liability
- Force Majeure
- Applicable law and jurisdiction
- Supplementrary terms and conditions - Desta's Coffee "Coffee Subscription"
1. INTRODUCTION
The following are the general terms and conditions of sale: All orders placed by individuals, referred to as "you" or "customer", with DDKgroup Ltd (AG), referred to as "Desta's Coffee" or "we", "us" or "our" and having its place of business at Europastrasse 4, 8152 Glattbrugg, Switzerland, in a store or by distance selling (telephone, internet), which are part of the offerings for private consumers, as well as its consumables and accessories for this series (the "Products").
Before using the Desta's Coffee website and related web pages (the "Website") and/or placing an order, please read carefully all the terms and conditions contained in these Terms and Conditions, together with the Privacy Policy and the Terms of Use of the Website. This also applies to any additional terms and conditions that may appear on the Website from time to time, such as promotions or campaigns.
Any order placed with Desta's Coffee or any of its affiliates is subject to these Terms and Conditions. Unless otherwise specified in these Terms and Conditions, they are to the exclusion of all other terms and conditions.
Our Terms and Conditions may be amended from time to time by posting a new dated version on this website. You may periodically review our Terms and Conditions to be informed of such changes. You will be subject to the Terms and Conditions in effect at the time you place an order with us, unless required to be modified by law or governmental authority (in which case they will apply to orders previously placed by you). You may exercise your right to cancel if you do not agree with the changes that apply to your order.
Any order placed through this website can only be delivered to Switzerland and the Principality of Liechtenstein. We regret that we cannot deliver to any other location.
2. ORDERS
2.1 Registration
As a condition of placing an order, you must provide mandatory registration information such as your name or email address, which must be accurate and current.
Please notify Desta's Coffee of any changes to your address or other information by updating your personal information on this website immediately so that we can keep accurate records and process your inquiry and orders.
2.2 Password and Confidentiality
After completing the registration process on the Site, you will receive a unique user name and password for your user account (the "Login Information"). We ask you, and it is your responsibility, to maintain the confidentiality and security of your Login Information. A successful login using your Credentials, whether performed by you or someone else, is considered a personal act.
If you know or have reason to believe that your credentials have been stolen or misused, or in the event of any other security issue, you should notify Desta's Coffee immediately by calling Desta's Coffee support at +41 41 250 00 06.
If Desta's Coffee knows or has reason to believe that your login information is actually being used by another person, Desta's Coffee will immediately block the use of such account (including processing any transaction from such account).
2.3 Ordering Process
You may place your orders as follows:
- by internet: www.destascoffee.ch
- by telephone +41 41 250 00 06
An order for Products through the Site is placed by clicking the "Add to Cart" button and completing the payment process.
Orders you place with Desta's Coffee are subject to minimum and maximum quantity limits. Please refer to the units of measure indicated in each case. You may mix and match our coffee varieties when making your selection.
Desta's Coffee offers its products on this website within the limits of its available inventory.
After you place an order for products on the website, you will be taken to an order confirmation page where you can review your order, select your delivery method, and check the total price.
After accepting the Terms and Conditions, you will be prompted to enter payment information to process your order.
Please do not include your debit or credit card information in letters or on faxes. You will be called back to complete the order and make payment in a secure manner.
2.4 Recurring orders
"Recurring Orders" allow you to automatically reorder and pay for your Desta's Coffee and selected accessories based on a selected frequency.
The Terms and Conditions automatically apply to each order placed through a recurring order. In the event of a conflict between the Terms and Conditions and the Recurring Order Terms and Conditions, the Recurring Order Terms and Conditions will govern.
One (1) day before your recurring order is shipped by us, we will send you a written notice informing you of the shipping date, details of your product basket, the total price of your recurring order, and advising you if any product is out of stock.
You have the right to cancel your recurring order, cancel one or more recurring orders, or change the product basket, frequency or any customer details at any time without charge.
In the event that you cancel your recurring order subscription prior to or during shipment, you have the right to refuse delivery of the Products and, in the event that you have received the Products, to return the order in accordance with these Terms and Conditions.
If any of your Products included in your recurring order are out of stock at the time of the "Your Order Will Be Shipped Soon" notification, we will notify you in that notification and ship your other items in the recurring order at your requested frequency unless the order is canceled by you.
Your recurring order subscription will not automatically include other promotional offers announced on or about the time of your recurring order transaction. In order for you to take advantage of any such promotion, it is recommended that you place a separate order and change your next shipping date for your recurring order subscription.
2.5 Order confirmation
Once you have submitted and confirmed your order, Desta's Coffee will acknowledge receipt of your order(s) by listing the details of the products ordered.
After confirming receipt of your order(s), Desta's Coffee will check whether the relevant Products are in stock. A contract for the sale of Products between you and Desta's Coffee will only be formed when Desta's Coffee confirms that all or part of the Products are still available and has sent confirmation that the contract has been concluded.
The contract for the sale of products relates only to those products that we have confirmed have been shipped.
To the extent permitted by law, Desta's Coffee may refuse, cancel or revoke an order at any time for reasonable cause. For example, we may refuse to ship an order if all or a portion of a product is unavailable after you submit your order. In this case, you will be notified of the delivery of the partial order or the cancellation of your order. If you have already paid for some or all of the products, we will refund the full amount in respect of the relevant products and any delivery charges as soon as possible. Desta's Coffee may also refuse an order in the event of an ongoing dispute over payment of prior orders, or in the event of dissenting orders as well as orders that Desta's Coffee suspects were not placed in good faith.
2.6 Prices
The prices payable for the items you order will be the prices on this Website on the date you place your order, including all applicable sales taxes.
Shipping charges, if any, will be billed at the rates shown on the Site once you have placed your order, calculated according to the size of the order and the delivery method you have selected. You will be informed of the shipping charges applicable to your order during the payment process and prior to placing your order.
Desta's Coffee reserves the right to change the prices of its products in the future. The price changes do not apply to orders for products confirmed by Desta's Coffee.
2.7 Payment
Your card details are encrypted during all transmissions for security reasons. Depending on the payment institution or payment service provider, payment by credit card may require authorization or may involve multiple steps. If Desta's Coffee does not receive authorization, Desta's Coffee reserves the right to cancel your order.
In the event that your credit card cannot be charged, Desta's Coffee will place your order on hold and send you a notification that payment could not be made. Orders will not be shipped until payment is received or payment is approved or processed. Desta's Coffee reserves the right to refuse any new order until any past due balance is paid in full. Invoices will be sent upon delivery of products and are payable in full within thirty (30) days. Recurring orders will be invoiced on the date of shipment.
If, in the case of payment by invoice, payment has not been made within a period of thirty (30) days after the due date, Desta's Coffee will initiate dunning proceedings. In this case, Desta's Coffee reserves the right to charge reminder fees and interest on late payments in addition to the invoice. The invoice amount as well as the default interest and reminder fees may be transferred to an external collection company for debt collection. You are also obligated to pay this company's reminder fees in addition to any outstanding amounts due to Desta's Coffee.
3.DELIVERIES
3.1 Delivery
All orders confirmed by Desta's Coffee will be delivered to the delivery address you provided when placing your order.
Desta's Coffee and/or companies authorized by Desta's Coffee may contact you by text message, phone and/or email with information about your order and delivery.
Desta's Coffee makes every effort to provide standard deliveries (subject to stock availability and upon receipt of available funds) within one (1) to three (3) business days of receipt of an order.
In order to deliver orders in a timely manner, Desta's Coffee makes every effort to have sufficient product inventory on hand. However, inventories of certain products may not be sufficient to allow timely delivery of all orders. In such cases, you accept that Desta's Coffee is entitled to send partial shipments or delay delivery without being in default. Orders for products that are available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as stock levels permit.
3.2 Default of payment and transfer of risk
Desta's Coffee reserves the right to cancel the Agreement and require the return of the Products if you are in default of all amounts owed under the Agreement, including payment of all charges included in the Order Confirmation.
All risk of loss or damage to the Products shall be transferred to you upon acceptance of delivery (or by persons acting on your behalf).
3.3 Product Inspection
At the time of delivery, you will be asked to verify that the number of items delivered matches the number stated on the Delivery Confirmation and that the Products are intact, undamaged, not wet and unaltered in any way.
If you discover any damage or missing items, you must notify the carrier and our support staff within seven (7) days of delivery. Desta's Coffee will provide you with identical replacement products if this occurs.
4. RETURNS AND CUSTOMER SERVICE
4.1 Cancellations
You have the right to return Products that you do not like within fourteen (14) days of receipt of the Products. Desta's Coffee will only accept returns of Products that are in an undamaged and unused condition, in their original condition and packaging, and shipped including invoice. You can call our support (+41 41 250 00 06) and ask for a free return label.
You are liable for any diminished value of the products resulting from your handling, except what is necessary to determine the condition, characteristics and functioning of the products.
For health and hygiene reasons, you cannot exercise your right of withdrawal for capsules and coffee whose packaging has been opened.
4.2 Effects of the withdrawal
If the returns have been properly processed, Desta's Coffee will refund the price of the returned Products and the delivery fees charged within a maximum of thirty (30) days from receipt of the returned Products. We will make this refund using the same means of payment that you used for the initial transaction, unless otherwise expressly agreed.
5. LIABILITY
The photographs and text illustrating and describing the products on this website are non-contractual and for informational purposes only. Desta's Coffee shall not be liable for any errors or omissions in the photographs or text displayed on this website.
Without limiting the scope of these Terms and Conditions, and to the extent permitted by applicable law, no claim of any kind, whether for products delivered or not delivered, or otherwise, shall exceed the amount of the purchase price for damages. In no event shall Desta's Coffee be liable for any indirect, incidental, or consequential damages of any kind (even if the occurrence of such damages was known or Desta's Coffee could have known) that may arise in connection with its products, their use, sale, or this website.
We expressly disclaim any liability for any loss or damage that you may incur as a result of your violation of these Terms and Conditions. We only supply products for personal and private use and you agree not to use the products for any commercial, business or resale purposes. We will not be liable for any loss of profit, loss of business, business interruption or loss of any business opportunity.
Nothing in these Terms and Conditions excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective products; or (iv) for any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
6. FORCE MAJEURE
Desta's Coffee will use all reasonable efforts to meet its obligations. However, Desta's Coffee shall not be held responsible or liable for any delay or failure caused by circumstances beyond its reasonable control ("Force Majeure"). Such circumstances include, without limitation, strikes and labor disputes by third parties, civil strife, riots, wars, natural disasters, or any others that make production, transportation, or delivery of products impracticable or impossible.
In the event of a delay caused by force majeure, Desta's Coffee's obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Desta's Coffee will fulfill its obligations as soon as possible and reserves the right to allocate any remaining product inventory among customers in a fair and reasonable manner.
7. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the purchase of products from Desta's Coffee are governed by Swiss law, waiving any conflict of law provisions.
Any dispute or claim arising out of or relating to the Terms and Conditions or the purchase of products from Desta's Coffee (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of Switzerland.
8. SUPPLEMENTARY TERMS AND CONDITIONS - Desta's Coffee “Coffee Subscription”
These Terms and Conditions apply to your contract with DDKgroup Ltd (AG) for Desta's Coffee coffee subscription ("Coffee Subscription"). By entering into a Coffee Subscription, you agree to be bound by these Terms and Conditions. These supplemental terms and conditions are in addition to the General Terms and Conditions of Sale. In the event of any conflict or inconsistency between these Supplemental Terms and Conditions and the General Terms and Conditions of Sale, the terms of this document shall prevail with respect to the Coffee Subscription.
These Terms and Conditions may be amended at any time by posting a new version on this website. We encourage you to review these Terms and Conditions periodically to keep abreast of any such changes.
In order to sign up for a coffee subscription, you must register as a customer with Desta's Coffee and create a Desta's Coffee customer account.
After completing the coffee subscription, you will receive a confirmation email from Desta's Coffee.
What are the advantages of the coffee subscription?
With a subscription you will receive additional benefits and save on the ordering process. The amount will be automatically deducted from your payment method as long as you have an active subscription.
Desta's Coffee reserves the right to change or cancel the coffee subscription benefit at any time and for any reason. All coffee subscribers will be notified by Desta's Coffee in such event.
Cancellation Period
You have the right to change your mind and cancel your Coffee Subscription without giving any reason within 14 days after you (or a person designated by you) have taken out the Coffee Subscription (the "Cancellation Period").
- To exercise this right, you must clearly notify us of your decision during the Cancellation Period. Contact our customer service at +41 41 250 00 06.
- If you cancel the contract during the cancellation period, all payments made will be refunded to you. You will not be refunded for coffee purchased with your credit during this period.
- Refunds will be made using the payment method you used. You will not be charged any fees for refunds.
Change/termination of coffee subscription
If you wish, you can change or terminate your coffee subscription in the My Account/My Subscriptions section of www.destascoffee.ch, by calling our customer service on +41 41 250 00 06.
If you terminate your subscription, any remaining credit will still be available to you. It will not expire until two years after receipt of the cancellation. The remaining Desta's Coffee credit is non-refundable or transferable.
Security Check
To ensure that your credit card is not used in an unauthorized manner, we reserve the right to verify the name, address and other personal information you provide during the checkout process using appropriate third party databases. We are also entitled to conduct credit checks. By accepting these Supplemental Terms and Conditions, you consent to the performance of such checks. As part of these checks, the personal information you provide may be shared with a registered credit reporting agency, which may maintain records of this information.
Failed Payments
In case of non-payment of the due (subscription) fee, Desta's Coffee's automated system will retry the debit for three consecutive days until successful payment. Any outstanding balances will be carried over and the next payment will thus deduct the amount for the current and previous month. After several failed payments, DDKgroup Ltd. will block access to your Desta's Coffee account until the amount in question is paid. Your subscription will thus be terminated.
Who can take out a subscription?
Customers must be at least 18 years old and reside in Switzerland or Liechtenstein. Only one coffee subscription can be taken out per Desta's Coffee customer.