Terms and Conditions
Last updated: October 29, 2019
Attention : In the event of any discrepancy between the French version of the general terms and conditions of sale and another language version, the original French text shall prevail.
www.https://coffeeavenue.ch/en/ (the “Site”) is published by Bean2me, a public limited company with capital of CHF 100,000, whose registered office is located at Rue des Alpes 21 – 1201 Geneva, Switzerland, registered in the Geneva Trade and Companies Register under number CHE-660.3.268.017-7, whose VAT number is CH-208.438.335 (hereinafter “Bean2me”).
1. Applications of the general conditions of sale
The General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) apply to all legal transactions concluded on the online shop https://coffeeavenue.ch/en/ (hereinafter referred to as the “online shop”). The online shop is managed by Bean2me SA (hereinafter referred to as “Bean2me”).
Bean2me reserves the right to modify these T&Cs at any time. The version of the T&Cs applicable to any sale is the one appearing online on the https://coffeeavenue.ch/en/ website at the time of the order. Consequently, placing an order requires the customer's full and unconditional prior acceptance of the T&Cs by clicking on the "I have read and accept the general terms and conditions of sale" button.
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 store using the search function and/or while stocks last.
Bean2me reserves the right to refuse orders exceeding the usual quantities for a household.
2. Information
2.1 Product and price
Product images in advertising, brochures, online shop, etc. are for illustration purposes only and are not binding.
The product information is provided in the online shop in the most user-friendly manner possible, but is not binding. The manufacturer's data (p.ex. manufacturer's warranty) are decisive, insofar as they are valid in Switzerland.
All sales prices published in the online shop are final prices, which include all taxes (including VAT), any advance recycling fees (ART), packaging costs, as well as delivery costs for the requested delivery period and any other possible taxes or fees. The only exception is the possible surcharge for an order below CHF 50.00. In addition to the final price, a surcharge of CHF 9.00 is charged per order. Bean2me reserves the right to change the prices of the products offered at any time. The price indicated in the online shop at the time of ordering is decisive for the conclusion of the contract.
2.2 Availability and delivery time
Bean2me attaches great importance to displaying the most up-to-date and accurate availability and delivery times in the online shop. However, due to production or delivery problems, delivery delays may occur. For this reason, all information regarding availability and delivery times is provided for information purposes only and may be changed at any time.
3. Conclusion of the contract
The products and prices published in the online store are considered offers. However, these offers are always subject to the resolutory condition of impossibility of delivery or an incorrect price indication.
For products on the https://coffeeavenue.ch/en/ website, the contract is concluded with Bean2me as soon as the customer places their order in the online store (hereinafter “contract”).
In the case of an online order, receipt of the order is confirmed to the customer by means of an automatically generated order confirmation by e-mail. Receipt of the automatically generated order confirmation does not contain confirmation that the product can actually be delivered. It only informs the customer that the online shop has received his order and that the contract has therefore been concluded with Bean2me, provided that the latter can be delivered and that the price indicated is correct.
4. Delivery time
Our delivery conditions apply to Switzerland and the Principality of Liechtenstein. Normally, all our items are in stock and are shipped the next working day after the order. In the event of a delay in delivery by https://coffeeavenue.ch/en/, the customer is entitled (except for special orders) to withdraw from the contract from the 30th calendar day following the order date. In this case, https://coffeeavenue.ch/en/ will reimburse the customer for the amounts already paid. There is no possibility of claim against https://coffeeavenue.ch/en/.
5. Delivery
The delivery address must be in Switzerland or Liechtenstein and easily accessible. If this is not the case, any additional costs will be borne by the customer.
If the customer does not receive the ordered products on the agreed or specified delivery date, Bean2me may terminate the contract (cancellation) and charge the customer for the delivery costs incurred and any loss in value.
Deliveries are provided by the Post Office, from Monday to Saturday, depending on the option chosen by the Customer when confirming their Order. Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”). The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Shipping” section. When Bean2me is responsible for shipping the Product, the risk of loss or damage to the Product 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 responsible for transport by the Customer and not by Bean2me. Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the Customer’s residential address, that of a natural person of their choice or that of a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes.. In the event that Delivery cannot be made due to an incorrect delivery address, no reshipment can be made and the Customer will be reimbursed within five (5) days from receipt of the Order by Bean2me. Bean2me delivers Orders within a maximum period of twelve (12) working days, this period being calculated from the day after validation of the Order.
6. Customer's duty of control
If, despite our numerous quality checks, an imperfection should be noted, it is also the customer's responsibility to check the products delivered immediately after receipt for their accuracy, completeness and functionality.
If delivery was made by a transport company, any damage to the delivery must be specified on the delivery note.
Any errors or damages must be reported to Bean2me immediately after their discovery or at the latest within 5 calendar days of receipt of the products. The customer can do this from the online store, on the contact page of the site, under the heading "I wish to make a return". The customer is not authorized to use a damaged product. He must keep it in its original packaging and follow the instructions of the return process indicated by Bean2me.
7. Warranty
Bean2me assumes the warranty of absence of defects and proper functioning of the ordered product for 2 years after delivery. The warranty period continues to run even if a warranty service has been provided. Bean2me can provide the warranty service alternatively by:
- free repair (the initial warranty period continues to apply to all products);
- partial or total replacement with a used/repaired product of the same value (in the event of replacement during the 1st year of warranty, the initial warranty period continues to run, in the event of replacement during the 2nd year of warranty, the warranty period is one year from the date of replacement);
- a replacement with a new product by Bean2me (new warranty period of 2 years from the date of replacement);
- a credit at the current price (maximum the sale price at the time of ordering).
Wear parts, especially batteries, accumulators and power cords are excluded from the Bean2me warranty. For the rest, the exclusions of liability apply in accordance with Article 8.
To the extent that the manufacturer's warranty exceeds Bean2me's warranty, Bean2me also grants the latter to the customer.
Bean2me may, during the verification of the warranty claim, at its discretion, make a replacement device available to the customer (exchange subject to reservation). This is done under the (suspensive) condition that it is actually a warranty case. The customer only acquires ownership of the replacement product at the time of warranty confirmation by Bean2me. In the event of a warranty refusal by Bean2me, the customer can purchase the replacement device at the value of the latter at the time of its delivery or is obliged to return the replacement device at his own expense.
The warranty is only valid if the repairs have been carried out exclusively by Bean2me after-sales service or by services authorized and certified by Bean2me. We ask you to carefully keep the warranty certificate and proof of purchase (receipt, invoice). In the absence of these documents, no claims will be accepted.
All other provisions and in particular the statutory warranty provisions are excluded.
8. Liability and exclusion of liability
Liability is subject to the provisions defined by law. Bean2me shall, however, never be liable for (i) slight negligence, (ii) direct, indirect and consequential damages, loss of profit, (iii) unrealised savings, as well as (iv) damages resulting from a delay in delivery, and (v) any actions or omissions of Bean2me’s auxiliaries, whether within the framework of a contract or outside of any contract.
Furthermore, Bean2me disclaims any liability for damages resulting from any of the following causes:
- Improper, contractually unlawful or unlawful storage, positioning or use of the product ;
- Use of incompatible accessories or spare parts (p.ex. power supply);
- Lack of maintenance and/or improper modification or repair of the product by the customer or a third party ;
- In the event of force majeure, in particular damage caused by the elements, humidity, falls, blows, etc., which cannot be attributed to Bean2me.
9. Payment
9.1 Payment methods
Bean2me sends payment requests for products and services purchased from Bean2me’s online shops directly to the customer. With the conclusion of the contract, the trader assigns the entire claim arising from the purchase contract between him and the customer to Bean2me (assignment). The customer acknowledges this assignment and is obliged to address all payments exclusively to Bean2me.
Payments must be made in Swiss francs.
The customer can use the following payment methods:
- Postcard, direct debit card from PostFinance
- Credit cards (VISA, Mastercard, American Express)
- Paypal
- Bank transfer (with e-invoice and IBAN, prepayment)
- Bitcoin
In case of payment by credit card or other instant payment methods, the debit takes place at the time of the order.
In case of advance payment, delivery will only take place after receipt of payment. Products in stock in the Bean2me central warehouse are reserved until the expiry of the payment period, which is at least 15 calendar days. This also applies to products that are first ordered externally, but are processed and shipped from our warehouse. Products that are first to be delivered by an external distributor are only ordered when payment has been made.
9.2 Late payment
If the Customer fails to fully or partially fulfill its payment obligations, all unpaid amounts, due for whatever reason, must be paid immediately (in case of prepayment, within 8 calendar days following the 1st payment reminder) and Bean2me may cease to deliver the other products to the Customer.
From the 2nd payment reminder, Bean2me charges a fee of CHF 5.– and, from the 3rd payment reminder, a fee of CHF 20.–. In the event of unsuccessful reminders, the invoice amounts may be assigned to a debt collection company. In this case, an effective annual interest of 15% on the invoice amount due on the due date may be charged in addition. The company responsible for debt collection will assert the amounts due in its name and on its behalf, and may charge additional administration fees.
9.3 Reservation of ownership
The ordered products remain the property of Bean2me until they have been paid for in full. Bean2me is entitled to make a corresponding entry in the register of retention of title. Prior to the transfer of ownership, no pledge, assignment as security, transformation or modification is permitted without the express consent of Bean2me.
10. Modification or cancellation of the order
Orders oblige the customer to receive the products and services. Bean2me may, at its sole discretion, accept subsequent changes or cancellations of orders and charge compensation of 20% of the amount of the cancelled order, but at least CHF 60.–, as well as any loss in value (since the order) of the cancelled products.
If a (partial) impossibility of delivery (resolutory condition) occurs after the order and/or conclusion of the contract, the customer will be informed immediately by e-mail. If the order has already been paid, the amount will be refunded. If no payment has been made, the customer is released from his payment obligation. Any further rights related to a delay or impossibility of delivery are excluded.
11. Return of goods delivered without defects
Under the conditions listed in our FAQ, under the heading “What are the return conditions”, Bean2me grants the right to return the products ordered within a maximum period of 30 calendar days.
The customer must contact https://coffeeavenue.ch/en/ customer service himself, and return the goods to the address indicated, once the service has validated his request. The products must be sent with all accessories in the original packaging and adequately packaged. Damaged products are not taken back and are billed to the customer in full.
If the customer exercises his right of return in accordance with the above-mentioned return conditions, Bean2me will refund the customer the full purchase price, with the exception of any minimum quantity surcharge that may have been paid.
12. Out-of-warranty repair
The costs of a repair outside of warranty, in accordance with Article 7, are the responsibility of the customer. Bean2me reserves the right to charge the customer for the costs incurred by checking and returning products with non-visible defects or damage 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 comment with username is visible to everyone on the website and that Bean2me can use it freely and free of charge for advertising purposes. You have the option to choose a username that does not allow the connection with your real name.
14. Other provisions
14.1 Unidentifiable Returns
Returns for which we have no sender information and which therefore cannot be returned (due to missing data) are kept for six months by Bean2me before being deleted.
14.2 Goods repaired under warranty cannot be returned
If goods that have been repaired under warranty in accordance with Section 7 cannot be returned to the customer, Bean2me is entitled to dispose of the goods, including to dispose of them.
14.3 Data protection
Whatever the nature of the personal data concerning you, which we are required to become aware of, we undertake to make every effort to treat them with the strictest confidentiality, ensure their protection and only use them to execute your orders and requests, and to improve the services that may be offered to you on the site or to inform you about their developments. However, you can at any time exercise your right to access, rectify or oppose this data from your customer account or by writing us an e-mail.
14.4 Partial nullity
If certain provisions of these General Terms and Conditions should prove to be null and void, the validity of the other provisions of the contract shall not be modified in any way.
14.5 Jurisdiction and applicable law
All legal relationships between Bean2me and the customer are subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For all disputes arising from sales contracts with Bean2me as the contracting party, the place of jurisdiction is Geneva or that of the customer's domicile. In all other cases, the exclusive place of jurisdiction is Geneva.
14.6 Copyright Statement
All rights, in particular intellectual property rights, to these T&Cs are reserved by Bean2me.
Any reproduction, distribution or other use is prohibited and is only authorized with the explicit written consent of Bean2me. In the event of non-compliance with this directive, Bean2me reserves the right to initiate legal proceedings.
Contact us
If you have any questions about the general conditions of sale, contact us.
For any additional information or comments of any kind, you can contact us by e-mail at hello@coffeeavenue.ch, or send us a letter to: Bean2me SA, Rue des Alpes 21, CH-1201 Geneva. You can also reach us by phone at +41 (0)22 900 05 20.