Terms and Conditions
Last updated: October 29, 2019
Warning: in case of any possible discrepancy between the French version of the standard terms of sale and another linguistic version, it is the original French text that prevails.
www.coffeeavenue.ch (the "Site") is published by the Bean2me Company, a limited liability company with a capital of CHF 100,000, headquartered on Rue des Alpes 21 -1201 Geneva, Switzerland, registered in the Geneva Trade and Companys Register under the number CHE-660.3.268.017-7, whose VAT number is CH-208.438.335 ('Bean2me').
1. Application of the standard terms and conditions of sale
The standard terms and conditions of sale (“SCS”) apply to all legal acts entered into on the coffeeavenue.ch online shop (“online shop”). The online shop is run by Bean2me SA (hereinafter " Bean2me").
Bean2me reserves the right to modify these SCS at any time. The version of the SCS that applies to any sale is the one listed online at coffeeavenue.ch at the time of the order. As a result, the fact of placing an order requires the customer's full prior and unreserved acceptance of the Standard Terms and Conditions by clicking on the button "I have read and accept the Standard Terms and Conditions of Sale".
Deliveries are only made to addresses in Switzerland or Liechtenstein.
The offer is valid as long as the product can be found in the online shop using the search function and/or within the limit of available stock.
Bean2me reserves the right to refuse orders exceeding usual quantities for a household.
2.1 Product and price
The visual depictions of products shown in advertisements, catalogues, or the online shop, etc… serve as illustrations only and are non-binding.
Relative product information is provided in the most user-friendly way possible in the online shop, but is non-binding. Manufacturer's data (e.g. manufacturer's warranty) are decisive, in so far as they are valid in Switzerland.
All retail prices published in the online shop are final prices, which include all taxes (including VAT), any potential advanced recycling fees that may be charged (ARF), packaging fees, as well as delivery costs for the delivery period, and any other eventual taxes or fees. The only exception is a possible surcharge for orders below 50.00 CHF. In addition to the final price, a supplement of 9.00 CHF is charged per order. Bean2me reserves the right to change the retail prices of the products for sale at any time. The retail price listed on the online shop at the time of the order is decisive for the conclusion of the contract.
2.2 Availability and delivery time
Bean2me attaches great importance to displaying the most current availability and delivery times as accurately as possible in the online shop. Shipment delays may arise due to production or delivery problems. This is why all information pertaining to availability and delivery is given only as an indication and may change at any time.
3. Contract conclusion
The products and retail prices published in the online shop are considered offers. However, these offers are always subject to the steadfast condition of an impossibility of delivery or an incorrect price indication.
For products on the coffeeavenue.ch website, the contract is concluded with Bean2me as soon as the customer places his order in the online shop (hereinafter "contract").
In the case of an online purchase, the acknowledgement of the order is confirmed to the customer by means of an order confirmation generated automatically by email. The reception of the automatically generated order confirmation does not include a confirmation that the product can actually be delivered. It only informs the customer that the online shop has received the order and that the contract has therefore been concluded with Bean2me, provided that it may be delivered and that the price indicated is correct.
4. Delivery period
Our delivery conditions are only valid for Switzerland and the principality of Liechtenstein. Normally, all of our items are in stock and are shipped the following business day that the order was placed. In the event of a delay in delivery due to coffeeavenue.ch, the customer is entitled (except for special orders) to withdraw from the contract as of the 30th calendar day following the order date. In this case, coffeeavenue.ch will reimburse the customer for amounts already paid. There is no possibility of laying any claim against coffeeavenue.ch. at a later date.
The delivery address must be in Switzerland or Liechtenstein, and easily accessible. If this is not the case, any additional costs are borne by the customer.
If the customer does not receive the products ordered on the agreed or indicated delivery date, Bean2me may terminate the contract (cancellation) and charge the customer for the delivery costs incurred and any loss of value.
Deliveries are provided by the Post Office, Monday to Saturday, depending on the option chosen by the Customer when validating their Order. Delivery refers to the direct physical transfer of Products (the "Delivery") to the Customer. Delivery fees applicable to the Order are those mentioned on the Website at the time of the Order in the "Shipping" section. While Bean2me takes care of the product delivery, any Product risk of loss or deterioration is transferred to the Customer at the time of Delivery. As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is in charge of the transport by the Customer and not by Bean2me. Delivery is made at the delivery address indicated by the Customer, specifically, it being specified that it must be the Customer’s residence, a private individual of their choice, or a corporate body (delivery to their workplace). Delivery may not be made to hotels or post office boxes. If the delivery cannot be made due to an incorrect delivery address, no reshipment shall be carried out and the Customer will be refunded within five (5) working days after the Order has been received by Bean2me. Bean2me delivers Orders within a maximum of twelve (12) working days, this period being counted from the day after the validation of the Order.
6. Customer's duty to inspect
If, despite our numerous quality checks, an imperfection is found, it is, in addition, up to the customer, upon reception, to immediately check the products delivered as to their accuracy, completeness and functionality.
If the delivery was made by a transport company, any visible exterior damage to package must be specified on the delivery voucher.
Any potential errors or damage should be reported to Bean2me immediately after their discovery, or no later than 5 calendar days after receipt of the products. The customer can do this from the online shop, via the website's contact page, under the heading "I want to make a return". The customer is not allowed to use a damaged product. It must keep it in its original packaging and returned to Bean2me following the instructions provided.
Bean2me guarantees the product will operate properly and be free any defects for 2 years from the delivery date. The warranty period remains valid, even if a warranty service has been provided. Bean2me can alternatively support the warranty provision by:
- Free repair (the initial warranty period remains valid for all products);
- a partial or total replacement by a product of equal used/repaired value (in the event of replacement during the 1st warranty year, the initial warranty period remains valid, in the event of replacement during the 2nd warranty year, the warranty period is one year from the replacement date);
- A replacement with a new product by Bean2me (new 2-year warranty period from the date of replacement);
- A shop credit equal to the price listed on the day of issue (maximum the selling price at the time of order).
Wearing parts, especially batteries, batteries, and power cords are excluded from the Bean2me warranty. For the rest, disclaimers apply in accordance with Article 8.
If the manufacturer's warranty exceeds Bean2me's warranty, Bean2me also grants the latter to the customer.
Bean2me may, during the verification of the claim to a warranty benefit, in a discretionary manner, make a replacement device available to the customer (subject to conditions). This is done under the condition (suspensive), that it is indeed a warranty case. Only the customer receives ownership of the replacement product at the time of the warranty confirmation by Bean2me. In case of warranty refusal by Bean2me, the customer may purchase the replacement device at its value at the time of delivery, or is required to return the replacement device at their own expense.
The warranty is only valid if the repairs were exclusively carried out by Bean2me’s after-sales service department, or by Bean2me authorized and certified service centres. We kindly request that you carefully keep track of the warranty certificate and proof of purchase (receipt, invoice). In the absence of these documents, no claim will be accepted.
All other provisions, and in particular those pertaining to the legal warranty, are excluded.
8. Responsibility and disclaimer
Responsibility falls within the provisions of the law. However, Bean2me shall never be liable for (i) slight negligence, (ii) direct, indirect and consequential damages, loss of profit, (iii) unrealized savings, as well as (iv) damages resulting from late delivery, and (v) any actions or omissions of Bean2me's auxiliaries, whether under contract or outside any contract.
In addition, Bean2me is not liable for damages resulting from one of the following causes:
- Improper storage, positioning or use, that is contrary to the contract or unlawful product use;
- Use of incompatible accessories or spare parts (e.g. power supply);
- Lack of maintenance and/or inappropriate product modification or repair by the customer or a third party;
- In case of force majeure, including damage caused by the elements, humidity, drops and falls, blows, etc…, which cannot be attributed to Bean2me.
9.1 Payment methods
Bean2me sends payment requests for products and services purchased from Bean2me's online shops directly to the customer. At the completion of the contract, the merchant sells the entire debt, resulting from the purchase agreement between him/her/it and the customer, to Bean2me (cession). The customer acknowledges this cession and is required to send all payments to Bean2me only.
Payments must be made in Swiss francs.
The customer may use the following payment methods:
- Postcard, PostFinance direct debit card
- Credit cards (VISA, Mastercard, American Express)
- Bank transfer (with an e-bill and IBAN, pre-payment)
In case of payment by credit card or other means of instant payment, the debit takes place at the time of order.
In case of prepayment, delivery takes place only after payment is received. Products in stock in Bean2me's central warehouse are reserved until the payment deadline, which is at least 15 calendar business days in length. This also applies to products that are first ordered from elsewhere, but are processed and shipped from our warehouse. Products that must first be delivered by an external distributor are only ordered when payment has been made.
9.2 Delay of Payment
If the customer does not fully or partially fulfil his payment obligations, all unpaid amounts due, for any reason whatsoever, must be paid immediately (in the case of prepayment, within 8 calendar business days following the first payment reminder) and Bean2me may stop delivering the other products to the customer.
As of the 2nd payment reminder, Bean2me will invoice an additional fee of 5- CHF, as of the 3rd payment reminder, a fee of 20- CHF will be applied. In the event of unsuccessful notices, invoiced amounts may be transferred to a collection company. In this case, an additional and effective annual interest rate of 15% on the amount of the invoice due at its maturity date may be charged. The collection company will collect the amounts due in its name and on its behalf, and may collect additional processing fees.
9.3 Property reserve
Products ordered remain the property of Bean2me until they have been paid in full. Bean2me is entitled to make a corresponding entry in the register of title retention. Prior to the transfer of ownership, no pledge, collateral assignment, conversion or modification is permitted without Bean2me's express consent.
10. Modification or order cancellation
Orders require the customer to receive products and services. Bean2me may, at its sole discretion, accept subsequent order modifications or cancellations and invoice a penalty of up to 20% of the amount of the cancelled order, but as a minimum, at least 60- CHF, in addition to any loss in value (since the order) of the cancelled products.
If (partial) delivery is impossibile (cancellation clause) after the order and/or the conclusion of the contract, the customer will be immediately informed by email. If the order has already been paid, the amount will be refunded. If no payment has been made, the customer is relieved of his obligation to pay. Any other rights pertaining to a delay or impossibility of delivery are excluded.
11. Return of goods delivered without defects
Under the conditions listed in our FAQs, under "What are the return policy conditions", Bean2me grants the right to return the ordered products within a maximum of 30 calendar working days.
The customer must personally contact coffeeavenue.ch's customer service and once the request has been validated, return the goods to the address indicated. Products must be returned with all included accessories in the original packaging and wrapped appropriately. Damaged products are not accepted and will be billed in full to the customer.
If the customer uses his right of return in accordance with the above-mentioned return conditions, Bean2me will refund the full purchase price, with the exception of the minimum quantity supplement which may have been paid.
12. Non-warranty repair
The costs of an out-of-warranty repair, in accordance with Article 7, are borne by the customer. Bean2me reserves the right to charge the customer the costs of checking and returning products with non-visible defects or damages not covered by the manufacturer's warranty, in accordance with Article 7.
13. Reviews & Comments
By posting reviews/comments on our site, you confirm and authorize that your review/comment with username be visible to everyone on the website and that Bean2me may use it freely and without charge for advertising purposes. You have the option of choosing a username that would not link you to your real name.
14. Other provisions
14.1 Unidentifiable returns
Returns of which we have no information about the sender and therefore cannot be sent back (due to missing data) are kept for six months by Bean2me before being destroyed.
14.2 Goods repaired under warranty that cannot be returned
If goods, which have been repaired under warranty in accordance with Article 7, could not be returned to the customer, Bean2me is entitled to dispose of the goods, including its destruction.
14.3 Data protection
Whatever the nature of your personal data, of which we are required to read, we undertake to make every effort to treat it with the strictest confidentiality, to ensure its protection, to make use of it only to execute your orders and inquiries, to improve the services that may be offered to you on the site and/or to inform you about their developments. However, you may exercise your right of access, rectification or opposition to this data at any time from your customer account or by sending us an e-mail.
14.4 Partial invalidity
If certain provisions of these SCS were to prove to be null or void, the validity of the other provisions of the contract is in no way altered.
14.5 For and applicable law
All legal relations between Bean2me and the client are subject to applicable to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For all disputes arising from sale contracts with Bean2me as a contracting party, the place of jurisdiction is Geneva or that of the customer's domicile. In all other cases, Geneva is the exclusive place of jurisdiction.
14.6 Copyright Statement
All rights, in particular intellectual property rights, in these SCS are reserved to Bean2me.
Any reproduction, diffusion or other use is prohibited and only permitted with Bean2me's explicit written agreement. In the event of non-compliance with this directive, Bean2me reserves the right to initiate legal proceedings.
If you have any questions about the standards and conditions of sale, please contact us.
For further information or comments of any kind, you can contact us by email at firstname.lastname@example.org, or send us a letter to: Bean2me SA, Rue des Alpes 21, CH-1201 Geneva. You can also contact us by phone at 022 900 05 20.