CoffeeB – Migros Industrie AG General Terms and Conditions (GTC)

1. Basic Provisions

(1) Migros Industrie AG based in Switzerland is a company of the Migros Community in Switzerland and provider of the goods distributed via the “CoffeeB” web shop operated by Delica AG, Bresteneggstrasse 4, 5033 Buchs (AG), Switzerland at www.coffeeb.company (hereinafter referred to as “CoffeeB” or “Shop”).

(2) The terms and conditions hereinafter shall apply to all contracts concluded via the Shop between Migros Industrie AG, c/o Federation of Migros Cooperatives, Limmatstrasse 152, 8005 Zurich, Switzerland (hereinafter referred to as “Provider”), and customers with permanent residence in Switzerland and Liechtenstein (hereinafter referred to as “Customer” or also “you”). Resellers may not place any orders. The inclusion of any of the Customer’s own terms or conditions shall be objected to.

(3) Before the purchase order is sent via the online shopping cart system of the Shop, the contract data may be printed out via the print function of the browser or backed up electronically. The General Terms and Conditions (GTC) may be retrieved in the Shop or printed out or saved at any time.

When the ordering confirmation is sent to you, you shall be provided with the ordering data by e-mail to the e-mail address stated by you as part of your purchase order, as well as the notification regarding revocation and a model withdrawal form (see annex) and these GTC.

(4) Please address any questions by e-mail to the Provider’s Customer Service at info@coffeeb.com or via the Contact Form.

2. Contract Partners and Subject Matter of Contract

The purchase contract shall come into being with
Migros Industrie AG
c/o Federation of Migros Cooperatives
Limmatstrasse 152
CH-8005 Zürich
Switzerland
e-mail: info@coffeeb.com

CEO: Daniel Egli
commercial register no.: CHE-432.636.552
VAT no. / VAT ID no.: CHE-432.636.552 MWST

(2) Subject matter of the contract shall be the sale of goods displayed in the Shop. The details, in particular the essential characteristics of the goods, may be found in the item description and the complementary statements on the respective goods. All information on the essential characteristics of the goods offered in the Shop shall be made available to the Customer in the Shop to a reasonable extent. The illustrations of the goods displayed in the Shop, as shown, among others, in advertising media, prospectuses and in the Shop, shall not be binding.

The offer shall apply as long as it is displayed in the Shop and/or while stocks last. The price and assortment in the Shop may be changed at any time.

3. Contract Conclusion

(1) The goods presented in the Shop shall be without engagement and may not be regarded as a binding offer of the Provider for the conclusion of any contract. This shall merely be a non-binding online catalogue in the Shop or a non-binding invitation to the Customer to place a binding purchase offer (purchase order).

(2) The Customer may submit a purchase order via the online shopping cart system integrated in the Shop. Any purchase order shall be deemed to be an offer to the Provider for the conclusion of a contract.

The goods the Customer intends to purchase shall automatically be added to the virtual “shopping cart” once the Customer indicates the desired quantity of goods by clicking on “-” and “+” in the product preview or on the respective product page. This operation shall not be binding and may not yet be regarded as a contract offer.

After accessing the “Checkout” page, all ordering data shall be displayed conclusively, with the Customer having the option to complete the purchase.

To place a purchase order, the Customer may create a Migros Account via the Shop and register there, log into an existing customer account, i.e. a customer-specific Migros Account, or place orders in the Shop as a guest.

(3) Any regulation and hence any opening of a Migros Account may be effected via the Shop. To that end, the Customer shall be redirected in the Shop to the online area of the Migros Account via a connection integrated in the Shop. The connection shall be marked by a corresponding button in the Shop. The entity responsible for providing the Migros Account, for collecting the data required to create an account and, consequently, the data processing as well as the services associated with the account shall be the Federation of Migros Cooperatives, Limmatstrasse 152, 8005 Zurich. Accordingly, the Terms of Use for the Migros Account at https://login.migros.ch/legal/MIGROS_ACCOUNT shall apply.

To place a purchase order as a guest, the Customer has to indicate first and last name, e-mail address and a full invoicing and delivery address and shall be personally responsible for indicating accurate and complete data. The Customer shall be obliged to truthfully state any of his/her own personal data.

The e-mail address stated by the Customer as part of the ordering process may be used by the Provider to e-mail information on similar or identical products Any use of the data to this end may be objected to via the unsubscribe link set out in the respective e-mail or by e-mail to info@coffeeb.com at any time.

(4) The ordering data required to conclude the contract and any statements of the Customer shall be displayed once again on the ordering overview page before you shall submit a legally binding offer for the conclusion of a purchase contract to the Provider in relation to the goods in the shopping cart by sending the purchase order. Before sending the purchase order, you shall have the possibility to verify or change (including via the “back” function of the web browser) any and all statements once again or to cancel the purchase.

By placing the purchase order, you shall declare having duly noted and accepted these General Terms and Conditions before placing your purchase order. The Customer shall be provided with an automatic confirmation on the screen of the ordering process effected in the Shop. Having submitted the purchase order, the Customer shall receive an automatically generated acknowledgement of receipt documenting the Provider’s receipt of the purchase order. After receiving this acknowledgement of receipt, the Customer may not change the purchase orders any more.

(5) The Provider shall accept the purchase order by sending the Customer an order confirmation by e-mail to the e-mail address stated or recorded in the Migros Account. Should the Customer not have received any such confirmation within five working days, the Customer shall no longer be bound to the purchase order. In this case, any services already rendered, where appropriate, shall be reimbursed without delay.

The contract text (comprised of purchase order, invoice, GTC and order confirmation) shall be sent to the Customer on a durable data medium with the order confirmation, but no later than upon delivery of the goods.

The Provider shall be at liberty to reject any purchase orders via the Shop in whole or in part without giving reasons. Any purchase contract shall not come into being in this case. Reasons to object to the purchase order may include that the goods selected by the Customer are not or no longer available or, where product ads in the Shop exhibit any (obvious) error, if, for instance, the stated price is incorrect or the goods are otherwise incorrectly described or wrongly displayed, the purchase order cannot be dealt with for any technical reasons or any product is subject to specific dispatching restrictions. In this case, the Customer shall be informed by e-mail to the e-mail address stated and any payments already effected shall be reimbursed via the payment process selected by the Customer for the payment. Any further claims by the Customer shall be excluded. Any products temporarily not available for delivery may not be placed on hold.

(6) Handling of the purchase order and transfer of all information required in connection with the contract conclusion shall be made and partly automatised by e-mail. The Customer must thus make sure to the extent reasonable that the e-mail address recorded by the Customer with the Provider is correct and to ensure by technical means that any receipt of the e-mails is prevented.

(7) The Customer may save and/or print out the content of the Customer’s purchase order and, in case of any registration, consult it at any time via the “Profile / User Account Overview” function.

4. Prices, Shipping Costs and Payment Terms

(1) The prices stated in the Shop shall be quoted in Swiss francs and inclusive of packaging and the currently valid legal VAT and, if applicable, incl. any Advance Recycling Fee. The Provider reserves the right to limit or terminate any special offers or price discounts at any time.

The price in the Shop at the time the purchase order is placed shall prevail.

Payments must be effected in Swiss francs.

(2) The costs for shipping the ordered goods shall be governed by the total amount of purchase orders and shall be graded as follows: Additional shipping costs in the amount of CHF 3.99 per purchase order shall be applied for each purchase order of less than CHF 25.00. No additional shipping costs shall be charged to the Customer for any ordering value of CHF 25.00 or more. The shipping costs shall be displayed to the Customer on the overview page in the shopping cart system of the Shop before the purchase order is placed and shall be confirmed by submission of the offer. They shall be shown separately on the statement and added to the total amount of your purchase order. The shipping costs may be viewed via the “Shipping Information” page at www.coffeeb.com/en-ch/helpcenter at any time. If we deliver your purchase order in several parts for any technical reasons, the shipping cost portion shall be billed only once.

(3) Payment of the purchase price shall be due upon conclusion of the contract. Where the Provider is obligated to issue or make available invoices at the Provider’s option or under law, the Provider reserves the right to issue or make available electronic invoices. The Customer agrees to this form of invoicing.

(4) The Provider shall open the possibility for the Customer to choose between the credit card (VISA or MasterCard), PayPal, TWINT, Klarna (purchase on account), Google Pay, Apple Pay or Amazon pay payment options. The choice of the payment service provider shall also be displayed with the purchase button. If the Customer chooses the credit card, Google Pay, Apple Pay or Amazon Pay payment option, the purchase order shall be delivered to the Customer once the Provider has registered receipt of payment. If choosing the PayPal payment option, the Customer shall be directly redirected to PayPal at the end of the ordering process. If choosing TWINT as the payment option, the Customer shall be redirected to TWINT during the checkout process where the Customer may confirm the payment and shall subsequently be automatically directed back to the Shop. Delivery shall be effected once the Provider has registered receipt of payment. If the Customer chooses the Klarna payment option with instant bank transfer, delivery shall be effected once the Provider has been provided with a notification from Klarna that the money has been received. In the case of purchase on account, delivery shall be effected once the Provider has received a notification about a positive credit assessment.

(5) Additional charges may be incurred for the PayPal and credit card payment methods. These shall be borne by the Customer and may not be reimbursed.

(6) Cumulus
Cumulus is the Migros bonus programme. When indicating the personal Cumulus number during the ordering process, Cumulus points may be collected for the entire CoffeeB assortment. Once a purchase order has been submitted, it shall no longer be possible to assert any Cumulus points.

The blue Cumulus receipts may be used as a means of payment for the entire assortment of CoffeeB. Once confirmed by CoffeeB, as a priority before any other credit items, the amount of the Cumulus receipts shall be directly deducted from the purchase order.

CoffeeB shall also accept any selected digital Cumulus advantage coupons for Migros products. The redemption possibilities stated on the respective Cumulus advantage coupon shall prevail.

Each blue Cumulus receipt or Cumulus advantage coupon shall be valid only once. Once a blue Cumulus receipt or a Cumulus advantage coupon has been used for a purchase order, it may no longer be used otherwise.

The general terms and conditions of the Cumulus programme at https://cumulus.migros.ch/de/ueber-cumulus/agb.html shall apply.

5. Delivery

(1) Dispatch shall be effected by Swiss Post from Birsfelden (Switzerland) exclusively to Switzerland and Liechtenstein to the address indicated by the Customer.

(2) Only an address within Switzerland or Liechtenstein may be indicated as a ship-to address other than the billing address.

(3) The Provider shall be entitled to partial deliveries to a reasonable extent.

(4) Unless stated differently as part of the product description or any order confirmation, the delivery time shall be 2 to 4 working days from the Provider’s ordering confirmation. The indicated delivery time shall only apply to commercially usual quantities ordered.

(5) Any temporal deviations as well as any blocking of a specific delivery date may be possible, in particular on peak days with exceptionally high delivery volumes, with any damages claims as well as any further claims by the Customer being excluded.

(6) No deliveries shall be effected on Sunday and official countrywide or cantonal public holidays.

(7) If the Customer is not on site at the time of delivery and has not issued any special delivery instructions, the delivery shall be deposited in front of the front door or in front of the company’s entrance door or at the reception desk. Depending on the respective delivery window, delivery may also be effected to a neighbour living in the same building, provided that the Customer has indicated said neighbour’s address and, if on hand, telephone number before placing the purchase order. Where the Customer’s postbox is part of a letterbox system, the delivery person shall depose a collection note in the postbox. In this case, the Customer has to collect the delivery at the corresponding post office. Any kind of liability for any damage sustained by the Customer from any loss, theft, misuse etc. in connection with the collection process or the collection slip shall be expressly excluded.

(8) The Customer shall bear responsibility for the delivered goods, even if the Customer has not taken direct delivery of them.

6. Retention of Title

Title to the ordered goods shall remain with the Provider until the purchase price as well as all costs included in it, such as delivery costs, have been paid in full. If the Customer defaults with paying the purchase price, the Provider shall be entitled to withdraw from the contract (notice of withdrawal) or to take the goods in possession subject to the legal regulations.

7. Right of Revocation, Notice of Defects and Guarantees

You shall have the right of revocation of 14 days. The right of revocation shall not apply to any foods purchased via our Shop. These shall be sealed for hygienic reasons and excluded from the right of revocation.

In the case that the purchase of a CoffeeB Coffee Maker is revoked in due time, the purchase price shall be offset against the welcome bonus granted, provided that you have registered the CoffeeB Coffee Maker at www.coffeeb.ch/register. Please e-mail your notice of revocation to info@coffeeb.com within 14 days after receipt of the goods (timely sending shall prevail). We shall reimburse the entire amount of the purchase order or, for a partial revocation, the amount of the item once we have received the goods. The return shipping costs shall be borne by you. Please note that we cannot grant any right of revocation for any opened goods. Exceptions to this shall be any goods with a material defect; in this case, the defective goods must be sent back and the return shipping costs shall be borne by the Provider.

The Customer is invited to check the goods for completeness, any obvious material defects and transport damage upon delivery and to advise the Provider of any complaints as quickly as possible. In the case of any obvious defects and transport damage, acceptance towards the delivery person (Swiss Post) may be refused. The Customer shall then be obliged to have the delivery person hand out a damage confirmation message. In addition, notice of all transport damage must be given to the Provider without delay, using the contact information in cl. 1. If the complaint is well-founded, the purchase price shall be reimbursed to the Customer and the costs for the return shipment shall be borne by the Provider. Any coffee purchase orders legitimately complained about may remain with the Customer. The way in which the purchase price will be reimbursed shall depend on the selected means of payment. If the Customer fails to comply, this shall not have any impact on the legal claims based on liability for defects or the right of revocation. The warranty for material defects shall be governed by the legal regulations. The limitation period of the legal claims for defects shall be two years, commencing upon delivery of the goods. Should you receive any damaged or faulty item from us, we shall send you a replacement by request. Any return shipping costs shall be borne by us. We reserve the right to deduct from the purchase price to be reimbursed any replacement for potential damage or wear and tear.

Any warranty shall be explicitly excluded for any products whose intrinsic quality (e.g. as regards taste) is not in line with the Customer’s demands.

An additional guarantee shall exist for the goods offered by the Provider for purchase only if given explicitly in the description of the goods or in the ordering confirmation for the respective item. A guarantee of two years from the date of purchase shall be granted for freedom from defects and functional reliability of the CoffeeB Coffee Maker. You shall need a certificate of guarantee and the proof of purchase to avail of the guarantee.

The Provider may provide the guarantee either by repair free of charge, equivalent replacement or reimbursement of the purchase price. Any further claims shall be excluded. No guarantee shall be provided for normal wear and tear as well as the consequences of any improper handling or damaging as well as any defects attributable to external circumstances (calcination, modifications made to the object, use of any coffee pads other than CoffeeB by Café Royal Coffee Balls). The guarantee obligation shall cease to apply in the case of any repairs not performed by “CoffeeB”-authorised service points. In case of damage, the CoffeeB Coffee Maker may be handed over for repair to the Customer Service in all Migros stores or in Melectronics stores.

9. Provider’s Liability

(1) Any claims by the Customer for damages shall be excluded. Exceptions to this shall be any damages claims by the Customer from any injury to life, body or health or from any breach of essential duties under the contract (any duties whose fulfilment is necessary to achieve the aim of the contract and on compliance with which the Customer may regularly rely, called ‘cardinal duties’) as well as the liability for any other damage that is based on any intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Any liability by the Provider for any unforeseeable loss or damage shall be excluded. Any loss or damage shall be foreseeable either if it was obvious that it would occur or if, upon your acceptance of these Terms of Use, it was known to you and to the Provider that it would occur.

(2) In case of any breach of essential duties under the contract due to ordinary negligence, the Provider shall be liable only for the foreseeable damage typical of the contract.

(3) The limitations of para. 1 and 2 shall also apply in favour of the Provider’s legal representatives and vicarious agents where any claims are directly asserted against them.

(4) The limitations of liability resulting from para. 1 and 2 shall not apply to the extent that the Provider fraudulently concealed the defect or gave any guarantee of the quality of the thing. The same shall apply to the extent that the Provider and the Customer concluded any agreement about the quality of the thing. The regulations of the German Product Liability Act shall remain unaffected.

10. Data Protection

Only the personal data necessary for the business transaction shall be processed, having due regard to the provisions applicable under data protection law. More detailed information on this can be found in the Privacy Statement, which may be consulted online in the Shop at any time at www.coffeeb.com/en-ch/privacy-policy.

11. Cumulus

Cumulus is the Migros bonus programme. When indicating the personal Cumulus number during the ordering process, Cumulus points may be collected for the entire assortment in the Shop. Once the purchase order has been submitted, it shall no longer be possible to assert any Cumulus points.

CoffeeB shall also accept any selected digital Cumulus advantage coupons for Migros products. The redemption possibilities stated on the respective Cumulus advantage coupon shall prevail.

The general terms and conditions of the Cumulus programme shall apply.

12. Final Provisions

(1) Any and all legal transactions between the Provider and the Customer shall be governed by Swiss substantive law. Any conflict of law provisions as well as the Vienna Sales Law shall explicitly not be applicable. If the customer’s habitual residence is located in any other country at the time the order is placed, the application of mandatory legal regulations of such country shall not be affected by the choice of law made. Place of jurisdiction for natural persons shall be Zurich or the customer’s place of residence.

(2) Should individual provisions of these General Terms and Conditions of Participation be or become ineffective or void in whole or in part, this shall not affect the effectiveness of the remaining provisions. Any ineffective, non-included or impracticable provision shall be replaced by statutory law. Where such statutory law is not available or leads to any unacceptable outcome in the respective case, the regulation coming closest to what the parties wanted in economic terms shall be deemed agreed.

13. Registration of the CoffeeB Coffee Maker – General Terms and Conditions of Participation (TCP)

(1) The company Delica AG, Bresteneggstrasse 4, 5033 Buchs (AG), Switzerland (hereinafter “Delica”), offers every owner of a CoffeeB coffee maker to register it at www.coffeeb.ch/register (hereinafter referred to as “Portal”) and to obtain a customer status entitling to make use of specific services provided by Delica and associated with the registration. These TCP shall apply only to the registration of the CoffeeB coffee maker (hereinafter “Coffee Maker”) via the Portal and the associated services provided by Delica. Only persons having reached the age of 18 may participate. Each Coffee Maker may be registered only once with the registration number assigned to it. Any further attempted registration entails a notification that the Coffee Maker has already been registered.

The service provided by Delica (hereinafter also “CoffeeB Service”) shall also include sending a welcome bonus, which may be claimed by the owner following a successful and completed registration of the Coffee Maker. The current welcome bonus at the time of registration may be viewed at www.coffeeb.ch/register at any time. The displayed welcome bonus shall apply only while stocks last. Delica reserves the right to deliver reasonable replacement items. It shall not be possible to obtain any cash compensation for this welcome bonus. The registration shall also be associated with the following CoffeeB Services: a right of pre-emption to new coffee specialities as well as opportunities to participate in exclusive selling events. All CoffeeB Services shall be subject to the proviso of availability and may be modified or terminated at any time.

In the case that the purchase of a CoffeeB Coffee Maker is revoked in due time, the purchase price shall be offset against the welcome bonus granted.

The CoffeeB Services shall be mailed by Swiss Post to the address indicated, and exclusively to Switzerland and Liechtenstein. The shipping costs for sending the welcome bonus and the care kit shall be borne by Delica.

Delica shall provide information about CoffeeB Services by e-mail to the e-mail address stated.

(2) Any registration of the Coffee Maker requires specification in the Portal of the Coffee Maker number individually assigned to each Coffee Maker. Delica shall not be responsible for the accuracy of the specification. It is pointed out that it shall be checked systemically whether the Coffee Maker has already been registered. If this is the case, the registration process shall be interrupted automatically and information shall be displayed in the Portal about the registration already effected. Only the Coffee Maker number and no personal data shall be processed to perform such checks.

The registration of the Coffee Maker shall be completed with a click on the Register Machine button and receipt of a confirmation e-mail to the e-mail address indicated. These TCP shall be accepted by the Register Machine button being clicked.

Any receipt of information and services from Delica may be objected to at any time via the unsubscribe link in the communication or by sending a corresponding notification to us at info@coffeeb.com.

(3) The Coffee Maker may be registered on the Portal only when being logged into the Migros Account. Both any log-on to an existing Migros Account and any first-time registration and hence any opening of a Migros Account may be effected via the Portal. To that end, the customer shall be redirected from the Portal to the online area of the Migros Account via a connection integrated in the Portal. The entity responsible for providing the Migros Account, for collecting the data required to create an account and the consequently necessary data processing as well as the services associated with the account shall be the Federation of Migros Cooperatives, Limmatstrasse 152, 8005 Zurich. Accordingly, the Terms of Use for the Migros Account shall apply.

The data stored with the Migros Account shall be used by Delica for the services associated with the registration of the Coffee Maker.

Following the registration or the logging onto the Migros Account, it shall also be possible to provide any contact information that differs from that indicated for the Migros Account and is to be used by Delica to send CoffeeB Services. Delica shall bear no responsibility for the completeness and accuracy of this data.

(4) Any questions may be addressed to the Delica Customer Service, by e-mail to info@coffeeb.com or via the Contact Form or by phone calling +41 800 506 506 from Monday to Friday from 08:30 to 11:30 AM and from 01:30 to 04:30 PM.

(5) For information on data protection, the handling of the personal data entrusted to us and the individual data processing operations, we take the liberty of referring to our Privacy Statement, which may be consulted at any time here: https://www.coffeeb.com/en-ch/privacy-policy.

(6) These Terms and Conditions of Participation as well as any and all contracts shall be governed by Swiss law. Any conflict of law provisions as well as the Vienna Sales Law shall explicitly not be applicable. If the customer’s habitual residence is located in any other country at the time the order is placed, the application of mandatory legal regulations of such country shall not be affected by the choice of law made. Place of jurisdiction for natural persons shall be Zurich or the customer’s place of residence.

Should individual provisions of these General Terms and Conditions of Participation be or become ineffective or void in whole or in part, this shall not affect the effectiveness of the remaining provisions. Any ineffective, non-included or impracticable provision shall be replaced by statutory law. Where such statutory law is not available or leads to any unacceptable outcome in the respective case, the regulation coming closest to what the parties wanted in economic terms shall be deemed agreed.

Last updated: July 2022

Annex 1: Revocation Form

Please fill in and send this form back only if you want to revoke your purchase order at www.coffeeb.company (products sold and shipped by the company Migros Industrie AG), unless exercising the right of revocation is excluded or limited under the applicable General Terms and Conditions.

For the attention of Delica AG, CoffeeB Logistics, Hafenstrasse 120, 4127 Birsfelden.

I hereby give notice of my revocation of the contract on the sale of the goods/services(*) set out hereinafter:

Ordered on ............................................ / Received on ......................................................................... (*)

Purchase order number: ................................................................................

Name of the consumer(s): ..........................................................................

Address of the consumer(s): ..........................................................................

Signature of the consumer(s) (only if this form is sent in hardcopy form):

Date: ..........................................................................