Terms of service

Shipping costs

Shipping costs are not included in the product prices.

Shipping costs vary within Austria and the EU, depending on the country and the weight of your order.

The full instructions on withdrawal, including the model withdrawal form, can be found in section 4 of these Terms and Conditions.

General Terms and Conditions

D stands for is a registered trademark of Decaf FlexCo. Other trademarks and trade names are those of their respective owners.

1. Scope

1.1. Decaf FlexCo is a flexible limited company (FlexCo) with its registered office in Vienna, registered in the commercial register of the Commercial Court of Vienna under FN 633223k (hereinafter “Seller”). These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all orders placed by the customer (hereinafter “Customer”; the Customer and Decaf are hereinafter also jointly referred to as the “Parties”), via Decaf’s online shop at decaf.at (hereinafter “Online Shop”) at the time of the order. These Terms and Conditions also apply to orders placed by email. The inclusion of the Customer’s own terms and conditions is hereby expressly rejected, unless otherwise agreed separately in writing.

1.2. We process your order in accordance with the Terms and Conditions valid at the time of the order. The current version of the Terms and Conditions is available on our website decaf.at under “Terms”. In addition, we send you a link to our Terms and Conditions with the order confirmation. In case of doubt, the Terms and Conditions published on our website apply. We expressly reserve the right to make changes and additions.

1.2. A consumer within the meaning of these Terms and Conditions is only a natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity.

1.3. An entrepreneur within the meaning of these Terms and Conditions is any natural or legal person or partnership that, when concluding a legal transaction, acts in the course of its commercial or professional activity.

1.4 The provisions of these Terms and Conditions may be amended by Decaf at any time without prior notice, provided that such amendments are published in Decaf’s Online Shop at least 30 days before they take effect. Amendments to these Terms and Conditions require the Customer’s consent. The Customer approves the amended Terms and Conditions by clicking an OK button in the course of the next order or the next login to the Online Shop. If the Customer does not approve the amended Terms and Conditions, the contractual relationship between the Customer and the Seller continues subject to the Terms and Conditions in force before the announced amendments. The Customer is informed that use of the Online Shop is no longer possible without consenting to the amended Terms and Conditions.

2. Optional registration

2.1 The Customer may register to use the Online Shop. Customers have no right to registration. The Seller reserves the right to request proof of the Customer’s identity and creditworthiness, as well as proof of the authority of persons acting on behalf of the Customer, as part of the registration process, and to refuse the registration of any person without giving reasons. For the avoidance of doubt, proof of the authority of persons acting on behalf of the Customer may only be requested if the Customer is an entrepreneur.

2.2 During the registration process, the Customer must provide all required information completely and truthfully and update it without delay in the event of any change. After truthfully providing all required data in the registration process and acceptance of the registration by the Seller, the Customer receives a confirmation email with an activation link to complete the registration. After initial registration, the Customer can log in by entering their personal access data (username and password) in the Online Shop.

2.3 The Customer undertakes to keep their access data secret and to protect it from access by unauthorised third parties. The Customer is solely responsible for the confidentiality and protection of their access data. If the Customer passes on their access data to third parties, the Customer undertakes to transfer the obligation to comply with these Terms and Conditions to such third parties. The Customer is liable for all disadvantages the Seller may suffer if the Customer fails to comply with the above obligation. However, the foregoing does not apply in the event of misuse of the access data by third parties through no fault of the Customer. If the Customer loses their access data or suspects that unauthorised third parties have obtained knowledge of the access data, the Customer must inform the Seller without delay by email to support@decaf.at so that the customer account can be blocked.

3. Conclusion of contract

3.1. The product presentations in the Seller’s Online Shop do not constitute binding offers by the Seller but serve as an invitation to the Customer to submit a binding offer.

3.2. The Customer can submit the offer via the online order form integrated into the Seller’s Online Shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by telephone, fax, email or post.

3.3. 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 email), whereby receipt of the order confirmation by the Customer is decisive, or

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

– by requesting payment from the Customer after the order has been placed.

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

3.4. If the Customer selects “PayPal Express” as the payment method during the ordering process, the Customer also issues a payment order to their payment service provider by clicking the button that completes the ordering process. In this case, notwithstanding section 2.3, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment by clicking the button that completes the ordering process.

3.5. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer.

3.6. When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email, fax or letter) together with these Terms and Conditions after the order has been sent. 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 using the relevant login data, provided that the Customer created a customer account in the Seller’s Online Shop before sending the order.

3.7. Before bindingly submitting the order via the Seller’s online order form, the Customer can correct their entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed once more in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

3.8. The contract may be concluded in German or English.

3.9. Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

4. Instructions on withdrawal

4.1. Consumers have a statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG). We inform you about it as follows:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you order multiple goods in one order and they are delivered separately, the period expires after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us

Decaf FlexCo
Staudgasse 24/8, 1180 Vienna
Austria
Email: support@decaf.at

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.

You can also exercise your right of withdrawal online using the “Withdraw from contract here” button in our online shop www.decaf.at. If you use this online function, we will send you without undue delay an acknowledgement of receipt on a durable medium (e.g. by email), containing the content of your withdrawal statement and the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us at our roastery (Decaf FlexCo, Marischkapromenade 3/4, 1210 Vienna, Austria) without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

Pursuant to § 18 of the Austrian Distance and Off-Premises Contracts Act (FAGG), there is no right of withdrawal for contracts for the supply of (a) goods made to the consumer’s specifications or clearly personalised; (b) goods which are liable to deteriorate or expire rapidly; (c) sealed goods which are not suitable for return due to health protection or hygiene reasons, if they were unsealed after delivery; (d) goods which, after delivery, are by their nature inseparably mixed with other items.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

— To Decaf FlexCo, Staudgasse 24/8, 1180 Vienna, Austria, email: support@decaf.at:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date

(*) Delete as appropriate.

5. Prices and terms of payment

5.1. Unless otherwise stated in the Seller’s product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

5.2. Various payment options are available to the Customer, which are stated in the Seller’s Online Shop.

5.3. If payment in advance has been agreed, payment is due immediately after conclusion of the contract.

5.4. If the payment method “PayPal” is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Among other things, this requires the Customer to open or already have a PayPal account.

6. Delivery and shipping conditions

6.1. Goods are generally delivered by shipment to the delivery address provided by the Customer. For processing the transaction, the delivery address stated in the Seller’s checkout is decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

6.2. If the carrier returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that made delivery impossible or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance.

VKS: 766448
CITEO ID: FR543400_01JDZS
ZSVR: DE1062843673773

7. Retention of title

If the Seller makes advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed.

8. Liability for defects

8.1. If the purchased item is defective, the statutory provisions on liability for defects apply.

8.2. The Customer is asked to report delivered goods with obvious transport damage to the carrier and to inform the Seller accordingly. If the Customer does not do so within 30 days of receipt, this has no effect whatsoever on their statutory or contractual warranty claims.

9. Liability

9.1 The Seller is liable to Customers who are consumers if damage is caused intentionally or through gross negligence. Liability of the Seller for slight negligence, with the exception of personal injury, is excluded.

9.2 To the extent permitted by law, the Seller is liable to Customers who are entrepreneurs, irrespective of the legal basis, only insofar as such damage is caused by gross negligence or wilful misconduct of the Seller. Liability of the Seller for slight negligence is excluded to the extent permitted by law. Liability for personal injury remains unaffected.

9.3 To the extent permitted by law, the Seller’s liability towards entrepreneurs is limited to the price of the products purchased by the Customer.

9.4 If the Customer is an entrepreneur, the Seller is not liable for indirect damage, loss of profit, loss of interest, lost savings, consequential and financial losses or damage resulting from third-party claims.

9.5 In the event of force majeure, labour disputes, natural disasters and other circumstances beyond the Seller’s control, or for reasons not related to the Seller that delay performance of the contract, the Seller assumes no liability. The foregoing also applies to a delay in the delivery of goods caused by a delay of the Seller’s suppliers in providing the Seller with the corresponding goods, unless the Seller caused this delay through gross negligence or intentionally.

9.6 Claims for damages by Customers who are entrepreneurs expire within six months of knowledge of the damage and of the party causing the damage.

10. Applicable law

All legal relationships between the Parties are governed by the law of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11. Data protection

The Seller’s privacy policy applies to all of the Seller’s customers and forms an integral part of these Terms and Conditions. It is available on the Seller’s website.

12. Reminders, default in payment, flat-rate fees

All invoices are due for payment within two weeks of receipt of the invoice. After expiry of this payment period, the buyer is in statutory default and is obliged to pay damages. Outstanding claims bear interest from the due date at a rate of at least 5% above the base interest rate (Basiszinssatz), unless the Seller proves higher interest damage. For the first reminder, the buyer must pay a flat fee of €5 in addition to statutory damages. Further damages remain unaffected. For the second reminder, the buyer must pay a flat fee of €25 in addition to statutory damages. Further damages remain unaffected.

13. Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its registered office outside the Republic of Austria, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring an action at the court of the Customer’s registered office.

9.3 To the extent permitted by law, the Seller’s liability towards entrepreneurs is limited to the price of the products purchased by the Customer.

9.6 Claims for damages by Customers who are entrepreneurs expire within six months of knowledge of the damage and of the party causing the damage.

10. Applicable law

11. Data protection

The Seller’s privacy policy applies to all of the Seller’s customers and forms an integral part of these Terms and Conditions. It is available on the Seller’s website.

12. Reminders, default in payment, flat-rate fees

All invoices are due for payment within two weeks of receipt of the invoice. After expiry of this payment period, the buyer is in statutory default and is obliged to pay damages. Outstanding claims bear interest from the due date at a rate of at least 5% above the base rate, unless the Seller proves higher interest damage. For the first reminder, the buyer must pay a flat fee of €5 in addition to statutory damages. Further damages remain unaffected. For the second reminder, the buyer must pay a flat fee of €25 in addition to statutory damages. Further damages remain unaffected.

13. Place of jurisdiction

Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) at: https://ec.europa.eu/consumers/odr