Terms and Conditions
The following terms and conditions also include legal information on your rights for distance contracts and e-commerce.
1.1. For the business relationship between Hilo Trading, Thomas Marufke, Thadenstr. 25, 22767 Hamburg, Germany (hereinafter “seller”, “we” or “Hilo”) and the customer (hereinafter “customer”, “buyer” or “you”) apply exclusively the following general terms and conditions (GTC) in the valid version at the time the order is placed.
1.2. You can reach us for questions and complaints from Monday to Friday from 9am to 4pm by phone at ++49 (0)1525 46 26 945 or via mail at info(at)hilo(dot)cafe.
1.3. Consumers in the sense of these GTC means any natural person who enters into a legal transaction for a purpose that can be attributed mostly neither commercial nor its independent professional activity (§ 13 BGB).
1.4. Differing conditions of the customer are not recognized, unless the seller agrees to them explicitly and in writing.
2. Offers and specifications
2.1. The presentation of products in our online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogues and on our website do not have the character of a representation or warranty.
2.2. All offers are “while stocks last”, if not stated otherwise on the product pages. Incidentally errors excepted.
2.3 Payments for coffee subscriptions are due in advance according to the agreed recurring delivery and payment interval. The product is delivered to the customer only after the payment has been received by us. The price for the coffee subscription can be changed two weeks before the next due shipping and payment date, customers will be notified about such changes in advance. These kind of changes to the coffee subscription can be submitted by the customer via email to info(at)hilo(dot)cafe and they will be executed in short amount of time by the seller in the system.
3. Ordering and contract
3.1. The customer can choose from the assortment of the seller’s suggested products and collect them via the “add to cart” button in a so-called shopping cart.
3.2. Then the customer can “proceed to checkout” from within the shopping cart by clicking the button at the end of the ordering process.
3.3. By clicking the “Buy” button the customer makes a binding offer to buy the goods in the cart. Before sending the order, the customer can view and change the cart and checkout data at any time. Required fields are marked with an asterisk (*).
3.4. The seller then sends by e-mail an automatic confirmation of receipt to the customer, in which the customer’s order is listed again and which the customer can print by using the “print” button (order confirmation). The automatic confirmation of receipt only documents that the customer’s order is received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships or gives the ordered product within 1 week to the customer, or confirms within 1 week the shipment to the customer with a second e-mail, with an explicit order confirmation or by sending the invoice.
3.5. Should the seller provide payment in advance (prepaid, bank transfer or advance payment), the contract is concluded by providing bank information and demand for payment. If the payment is not received despite being in arrears, even after a second notice within the time frame of 5 calendar days after the seller has send the order confirmation, the seller may withdraw from the contract with the result that the order was null and void and the seller has no more duty to deliver. The order is then done for both buyer and seller without any further consequences. Therefore a reservation for a specific article as done by payment in advance (prepaid, bank transfer or advance payment) is only valid for a maximum of 5 calendar days.
4. Prices and Shipping Costs
4.1. All prices listed on our website include the statutory VAT, but do not include costs of packaging, insuring and shipping costs if such arise.
4.2. In addition to the listed prices there are shipping costs. The shipping costs are paid by the customer and are listed during checkout.
5. Delivery, product availability
5.1. If there are no copies of the selected product available at the time of the customer’s order, the seller will inform the customer about this fact in the Order Confirmation. If the product is permanently unavailable, the seller will not accept the order. In this case a contract is not concluded.
5.2. If the product the customer has stated in his order is only temporarily unavailable, the seller will immediately inform the customer with the order confirmation. If the delivery is delayed for more than two weeks, the customer has the right to terminate the contract. In that case also the seller is incidentally entitled to withdraw from the contract. Here, the seller will refund immediately the payments the customer may have already given. As far as there is an agreement for payment in advance, delivery is made after the invoice amount has been received.
6. Payment Terms
6.1. The customer can choose during and before completing the ordering process from the available payment methods.
6.2. A payment on invoice is not possible.
6.3. Are third-party responsible for payment processing, for example, Paypal or Stripe, then their GTCs are applicable.
6.4. If the due date of payment is determined by the calendar, the customer is already in default when the deadline has passed. In this case, the customer has to pay default interest amounting to 5 percentage points above the base rate.
6.5. The customer’s obligation to pay default interest does not exclude the sellers’ assertion of further damage caused by delay.
6.6. A right to offset is only to the customer if his counterclaims are legally established or recognized by the seller. The customer can only exercise the right to retain, if the claims are the result from the same contract relationship.
7. Retention of Title
Until full payment the delivered goods remain the property of the seller.
8. Cancellation policy
8.1 The customer has the right to cancel this contract within 14 days without giving reasons.
8.2 The revocation period is 14 days from the day on which the customer or a third party designated by the customer, who is not the carrier, took or has taken possession of the last goods.
8.3 In order to exercise the right of withdrawal, the customer must inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of the decision to withdraw from this contract.
9. Warranty for defects and guarantee
9.1. The warranty shall be governed by statutory provisions.
9.2. A guarantee for the goods supplied by the seller only exists if it is expressly stated.
10.1. For a liability of the seller for damages following disclaimers and limitations are valid, without touching other legal conditions and entitlements.
10.2. The seller has unlimited liability if the damage was caused by intent or gross negligence.
10.3. Furthermore, the seller is liable for the slight negligent breach of obligations, which endangers the purpose of the contract, or for the violation of obligations, the fulfillment of which renders a correct execution of the contract and on whose fulfillment customer regularly relies. In this case, however, seller is liable only for the foreseeable, in the frame of the contract typical damage. The seller is not liable for the slight negligent breach of others than the obligations mentioned in the preceding sentences.
10.4. The above limitations shall not apply to injuries to life, body and health, for a flaw after a guarantee for the quality of the product has been taken and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
10.5. As far as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
11. Storage of Contract
11.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the text of the contract prior to handing in the order to the seller by using the print function of their browser in the last step of the order.
11.2. The seller also sends an order confirmation to the email address provided by the customer with all order data. Furthermore, the customer receives a copy of the GTC and the cancellation policy with his order. These can also be viewed on our website. Furthermore, we store the text of the contract, but do not make it accessible on the Internet.
12.1. The seller shall process personal data of the customer only for appropriate purposes and according to statutory provisions.
12.2. The specified personal information (such as name, email address, mailing address, bank data) which are given for the purpose of ordering goods are used by the seller only for the fulfillment and handling of the contract. These data will be kept confidential and not shared with any third parties other those involved in the ordering, delivery and payment procedures.
12.3. The customer has the right to obtain information about the personal data about him that have been stored by the seller free of charge. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, insofar as there is no legal obligation to retain them.
12.4. For more information about the type, scope, place and purpose of collecting, processing and use of personal data required by the seller can be found in the privacy statement.
13. Jurisdiction, Applicable Law, Contract Language
13.1. Jurisdiction and place of performance is the location of the seller, if the buyer is a merchant, a legal entity under public law or a public law special fund.
13.2. German law applies exclusively, both unless expressly agreed otherwise or if mandatory consumer protection rules are in conflict with such an application.
13.3. Contract languages are German and English.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commision offers a platform for online dispute resolution (ODR) which you can find at https://ec.europa.eu/consumers/odr. We are not obligated nor willing to be part in a dispute resolution procedure by a consumer arbitration service.