AGB

GENERAL TERMS AND CONDITIONS

Introduction

These general terms and conditions (hereinafter referred to as “GTC”) of Kaphiy GmbH apply to all services and products (hereinafter referred to as “products”) of the online store of Kaphiy GmbH on kaphiy.ch All other services are regulated in separate terms and conditions. Kaphiy GmbH designates every natural and legal person as customer, who maintains business relations with Kaphiy GmbH or Kaphiy

Scope of Application
These General Terms and Conditions (“GTC”) apply to all orders placed by the Buyer and contracts concluded via the Kaphiy online shop (“Shop”) or other channels operated by Kaphiy GmbH, Eistrasse 5a, Malters 6102 Switzerland, (“Seller”) (hereinafter referred to as “Order”).

The deliveries, services and offers of the seller are exclusively based on these general terms and conditions in the version valid at the time of the conclusion of the contract, even if the offer is accessed from outside Switzerland. The Seller does not recognize any conflicting or deviating General Terms and Conditions and hereby expressly contradicts them. Conflicting GTC of the customer will only be used as a basis for the contract if the seller expressly agrees to them in writing.

Price Quotations

All product offers presented by the Seller online, including price information, are non-binding and subject to change.

Prices are listed in Swiss Francs (CHF) and include applicable statutory value-added tax (VAT) and other price components. Additional postage and packaging costs apply.

4. Prices

For orders, the prices listed for the products at the time of the order apply. All prices are inclusive of VAT and do not include shipping costs unless explicitly stated by Kaphiy GmbH . Any customs duties are included in the price. Additional costs will be charged separately.

The prices displayed on the website at the time the order is placed are the ones that apply. Price adjustments may occur due to changes in supplier or manufacturer pricing.

In the event of price increases, the buyer will be notified prior to delivery and their consent will be required. Any price reductions will be automatically applied without prior notification.

Conclusion of Contract

By placing an order, the buyer commits to purchasing the selected goods.

The contract is deemed concluded once the buyer places an order via the online store, in a retail store, or by telephone or email. For online orders, the buyer will receive an automatically generated order confirmation via email. However, this confirmation only acknowledges receipt of the order and does not guarantee product availability or delivery.

If a contract is established but certain items are not available from suppliers in the foreseeable future despite timely procurement efforts, the Seller reserves the right to withdraw from the contract for those items. Should this occur, the Seller will promptly notify the buyer and refund any payments already made.

Order, cancellation and conclusion of the contract for subscriptions

Subscription
If the consumer has purchased a coffee subscription, the withdrawal period begins from the day on which the amount for the following month was deducted from his Specified Means of Payment / bank account and the contract thereby came into existence.

Delivery, shipping and transfer of risk

5. Delivery conditions

For deliveries to Switzerland, shipping costs of CHF 9.80 will be charged if the value of the goods is less than CHF 50. If the value of the goods exceeds CHF 50, delivery to Switzerland is free of charge.
The supplier is entitled to partial deliveries and partial services. Any costs arising in this connection shall be borne by the supplier.
Delivery to Switzerland is made by Swiss Post. The supplier ships daily.
If a buyer does not accept the goods, the supplier may sell the goods to a third party after a period of 2 weeks and hold the original buyer liable for any loss incurred.
Should the goods not be available due to force majeure or product discontinuation or should the supplier not be able to procure the ordered products under reasonable conditions and should these circumstances only occur after the conclusion of the contract and are not the responsibility of the supplier, the supplier shall be released from the obligation to deliver. If events occur which make delivery significantly more difficult or impossible for the supplier – for example, strike, lockout, official orders, or similar – the supplier is not responsible for delays even in the case of bindingly agreed deadlines and dates.
If you make use of your right of withdrawal, the customer shall bear the regular costs of the return shipment.
Each delivery is subject to the seller’s own timely and proper delivery. Deliveries are only possible to delivery addresses in Switzerland and Lichtenstein. As soon as your order is ready for shipment, we will notify you by e-mail. Items not in stock will be ordered from the manufacturer. As soon as we receive the items, we will notify you by e-mail and ship your order immediately. The shipment will be handled by Swiss Post within 72 hours at the latest
We charge the effective shipping costs of the Swiss Post or the UPS. After receiving your order, you will receive an order confirmation by e-mail from our customer service.
Delivery dates or deadlines that are bindingly agreed upon must be in writing.
If not all ordered items are in stock the seller is entitled to make partial deliveries at his own expense, as far as this is reasonable for the buyer.
Since the goods are partly natural, exclusive and limited in availability, the seller reserves the right to limit the delivery quantities in the case of large orders or to deliver in several tranches or, in the case of excess demand for a good, to make a distribution, or to withdraw from the contract altogether.
With the delivery of the goods to the Swiss Post or another carrier, all risks of the goods are transferred to the buyer.

6. Terms of payment

For one-time orders, which do not constitute subscriptions, we offer prepayment, credit card (Visa, Mastercard), PayPal, and Post Finance,Apple pay, googlepay as payment methods. We reserve the right to exclude certain payment methods.
For orders that constitute a subscription, after the MY KAPHIY check has been completed, we offer the payment methods credit card (Visa, Mastercard). We reserve the right to exclude certain payment methods.
In case of payment in advance, payment is due immediately after the conclusion of the contract. Please transfer the total amount to this bank account:

Account holder: Kaphiy gmbH , 6102 Malters LU

IBAN:CH83 0024 8248 2071 6401 L

Bank number:4835

BIC/SWIFT:UBSWCHZH80A

Bank: UBS Group (Schweiz) AG

● If you pay by credit card, the amount is reserved when the order is placed, and the account is debited when the goods are dispatched.

● In the case of subscriptions, the amount is debited monthly when the goods are dispatched.

● Purchase on account

In the case of purchase on account, the invoiced amount must be paid to the account indicated on the invoice by the due date indicated on the invoice form at the latest. The payment method purchase on account does not exist for all offers and requires, among other things, a successful credit check by Kaphiy GmbH. If the customer is permitted to purchase on account for certain offers after the creditworthiness has been checked, the payment will be processed. We remain responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, declarations of revocation and returns or credit notes even if the customer buys on account.

Reminder Fees

If payment is not made by the deadline, you will automatically be in default without further notice and charged default interest of 8%. Kaphiy GmbH may also impose reminder fees and additional costs, including collection fees.

Reminder Fee Structure:

● First reminder: Free

● Second reminder: CHF 10

● Third reminder: CHF 30

If payment is still not received after the third reminder, a collection agency will be engaged, and all associated costs will be the buyer's responsibility.

. Transfer of risk

In the case of customers, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the customer or a recipient designated by the customer when the goods are handed over. This applies regardless of whether the shipment is insured or not. In all other cases, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the buyer upon handover, or in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the carrier or other person or institution designated to effect the shipment.

8. Retention of title

In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties

The goods remain the property of the seller until full payment. Transfer of ownership, resale, leasing, pledging, transfer by way of security, processing, other disposal or transformation is not permitted without the express consent of the seller.

The Seller shall be entitled to rescind the contract and demand the return of the goods in the event of any breach of contract by the Customer, in particular in the event of default in payment or breach of an obligation under clause 3.1.

9. Maturity

Payment of the purchase price is due upon conclusion of the contract.

Returns, Exchanges, and Right of Withdrawal

Delivery
Orders are generally shipped via A-Post. Shipping costs will be displayed to the Buyer during the ordering process.

Warranty and Liability
The Buyer is responsible for inspecting the Products as soon as possible and reporting any defects immediately; otherwise, the Products shall be considered free of defects. In the event of a defect, the Buyer may choose to reduce the purchase price proportionate to the reduced value, withdraw from the contract, or request a replacement delivery. Seller’s liability is limited to cases of intent and gross negligence.

Right of Withdrawal

Consumers have the right to revoke the contract within ten (10) days without providing a reason. The revocation period begins ten (10) days from the date on which the consumer or a third party designated by them (excluding the carrier) takes possession of the last item in the order.

Exceptions to the Right of Withdrawal:

● Coffee beans (ground or whole, including individual packaging or subscriptions) are excluded from the right of return.

To exercise the right of withdrawal, the consumer must contact the Seller by mail or email and provide the following details:

● Consumer’s name

● Order date

● Order reference

● A clear statement of the decision to withdraw from the contract

Contact Information:
Kaphiy GmbH
Eistrasse 5a
6102 Malters
info@kaphiy.ch

Consequences of Revocation

If the consumer revokes the contract, the Seller will refund all payments received, excluding delivery costs, without undue delay and no later than ten (10) days from the receipt of the withdrawal notice. Refunds will be processed using the same payment method as the original transaction unless otherwise agreed. No fees will be charged for the refund.

The consumer must return or hand over the goods to the Seller without delay and no later than ten (10) days after notifying the Seller of the withdrawal. The return deadline is met if the goods are sent before the ten-day period expires.

The Seller may withhold the refund until the goods are received or until proof of return is provided, whichever occurs first. The cost of returning the goods is borne by the consumer.

The consumer is liable for any diminished value of the goods resulting from handling that exceeds what is necessary to inspect the nature, characteristics, or functioning of the goods. Additionally, any damage or loss of goods during the return process is the responsibility of the

Warranty & Guarantee
If the delivery item is defective or lacks warranted characteristics or becomes defective within the warranty period due to manufacturing or material defects, the seller shall remedy the defect accordingly or deliver a replacement at the consumer’s option. The seller may refuse the chosen form of supplementary performance if it is feasible at disproportionate cost.

The warranty period, unless otherwise specified by the manufacturer of the purchased goods, begins on the date of delivery and is 2 years or 1 year for roasted coffee.

The presentation of the goods as a subscription in the Kaphiy-Shop does not constitute a binding offer of the provider to conclude a subscription. The customer is merely invited to make an offer by placing an order. The customer can view the GTC at any time at kaphiy.ch
After the selection of one or more products by the button “subscription purchase” the customer receives the possibility an order for a subscription, which differs in the frequency. In the shopping cart, the products assigned to the subscription can be viewed. By pressing the button “Checkout” you will be asked to enter the information relevant to the shipment and to select a payment method. Before completing the order, you will be shown a summary of all information relevant to the order. By pressing the button “Buy now”, the ordering process is completed and the order is sent.
By sending the order in the Collamin-Shop, the customer submits a binding offer directed at the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely authoritative for the legal relationship with the provider.
The customer acknowledges that depending on the selected frequency of the subscription, monthly or every two months a credit card statement is executed.
The customer can choose a subscription, which differs in the term as follows.

Subscription: monthly

Monthly delivery of the ordered goods
The duration of the contract is indefinite and can be cancelled at any time.
Packages are shipped on the same day each month, starting from the day of subscription, as long as this day does not fall on a weekend. (Example: If the subscription was made on 06 November, the next packages are scheduled to be sent on 06 December, 06 January, etc.).
The packages will be sent only when the credit card settlement has been successfully completed.

Subscription: every two weeks

Delivery of ordered goods every two weeks
The contract period is indefinite and can be cancelled at any time.
Packages will be shipped on the same day every two months, starting from the day the subscription is taken out, as long as this day does not fall on a weekend. (Example: If the subscription was made on 06 November, the next packages are scheduled to be sent on 06 January, 06 March, etc.).
The packages will be sent only when the credit card settlement has been successfully completed.

The provider confirms the receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made within two days by the first delivery of the goods selected in the subscription or an express declaration of acceptance.
Cancellations can be completed at any time in the Kaphiy account under My-Subscription or by e-mail to info@kaphiy.ch

Kaphiy GmbH
Keyword: Cancellation
Eistrasse 5a | 6102 Malters
The cancellation conditions from §13 of these GTC apply.

Additional Clauses

Force Majeure
Kaphiy shall not be liable for any failure to perform its obligations under these GTC if such failure results from any cause beyond Kaphiy's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

Cases of force majeure, traffic or operational disruptions, strikes, shortages of raw materials and the like shall result in a reasonable extension of the delivery period. If the causes of the delay last longer than four weeks after conclusion of the contract, either party is entitled to withdraw from the contract.

Data Protection
Kaphiy is committed to protecting the privacy of its customers. Personal data will be collected, processed, and used in accordance with applicable data protection laws and Kaphiy's Privacy Policy.

Customer Responsibilities
The Buyer agrees to provide accurate and complete information during the ordering process and to keep such information updated. The Buyer is responsible for any consequences arising from providing false or incomplete information.

Severability
If any provision of these GTC is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Contact Information
For inquiries regarding these GTC or any other questions, please contact:

Kaphiy GmbH
Eistrasse 5a
Malters 6102
[Your Email Address]

Entire Agreement
These GTC constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior agreements or understandings.

Amendments
Kaphiy reserves the right to amend these GTC unilaterally without prior notice. The applicable version is always available at kaphiy.com/terms.

Cancellation policy

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

The revocation period is fourteen days:

In the case of a sales contract, from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In the case of a contract for several goods ordered as part of a single order and delivered separately, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In the case of a contract for the regular delivery of goods over a fixed period of time, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

To exercise your right of withdrawal, you must inform us (Kaphiy GmbH Eistrasse 5a | 6102 Malters, e-mail info@kaphiy.ch) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. [3]

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Revocation

The Seller may withhold the refund until the goods are received or until proof of return is provided, whichever occurs first. The cost of returning the goods is borne by the consumer.

14. Cancellation form

If you wish to cancel the contract, please complete and return this form.

To:

Kaphiy GmBH,,
Eistrasse 5a | 6102 Malters
info@Kaphiy.ch

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*) ______________________________

– Name of consumer(s): ______________________________

– Order number: ______________________________

– Address of consumer(s):

______________________________

– Signature of the consumer(s) (only in case of paper communication):

______________________________

– Date:

(*) Delete as applicable.

15. Legal liability for defects

The statutory liability for defects applies to all our products.

Important note: Please consult your doctor in case of known intolerances. The same applies to possible interactions with other products taken by you at the same time.

16. Money-back guarantee

In addition to the statutory withdrawal period, the customer has the option of returning the products within 16 days, with a right to a refund of the purchase price. The period begins after receipt of the goods and after expiry of the statutory withdrawal period.
The customer is entitled to the money back guarantee only if the product has not been opened or the product is in a bad condition. The product must be returned at the expense of the customer.
Upon successful receipt of the goods by the supplier within the 16-day period and if all the above conditions are met, the full purchase price will be refunded to the customer.

17. Vouchers & refer a friend

Voucher codes cannot be purchased but are issued as part of promotional campaigns. These are only valid during the specified period. After one use or expiry of the validity period, the voucher will expire. Individual products may be excluded from the voucher campaign.
For successful referrals of new customers through “Refer a friend”, the registered user of www.kaphiy.ch will receive shop credit in the amount of CHF10. Only registered users who have already placed and paid for an order at www.kaphiy.ch can refer friends. The credit will only be credited for referring new customers, i.e. those who have not previously been customers at www.collamin.com, and as soon as these new customers have completed and paid for an order. Referred new customers receive a credit of CHF10 upon registration. The credit can only be redeemed for a minimum order value of CHF 50 and not in conjunction with a voucher. The credit is valid for one year.
For administrative reasons, it is not possible to refund any remaining value of the vouchers or credit. If the value of a voucher or credit is not sufficient for the order, the remaining amount can be compensated with the payment options offered.
Vouchers and credit balances can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
Vouchers and credit cannot be transferred to third parties. Several vouchers cannot be combined with each other.
Vouchers will not be refunded if goods are returned in whole or in part. www.kaphiy.ch . is not liable for the loss or theft of promotional vouchers.

18. Choice of law & place of jurisdiction

The contractual relationship between the provider and the customer is governed by Swiss law. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
Applicable Law and Place of Jurisdiction
All legal relationships between the Buyer and Kaphiy GmbH are governed by Swiss law. The exclusive place of jurisdiction is Luzern.

Languages
These instructions may be available in different languages. In case of discrepancies, the German version is authoritative.

Terms of Use
The legal information on the Seller’s website is an integral part of these Terms and Conditions.

Effectiveness
If any provision of these GTC is deemed invalid, the remaining provisions shall remain unaffected. The invalid provision will be replaced by a valid provision that closely reflects the economic purpose of the invalid provision.

9. Data protection

The regulations of our data protection declaration apply to data protection.

20. Access to the text of the contract

We store the text of the contract and send you the order data by e-mail. You can view past orders in your customer account.

21. Severability clause

Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions.

Subject to Change
Kaphiy reserves the right to amend information on its web pages at any time without prior notice.

Copyrights

The copyrights and all other rights to the content, images, photos or other files on the website belong exclusively to the operator of this website or to the specifically named rights holders. For the reproduction of any files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and possibly to damages.

Kaphiy GmbH
Eistrasse 5a | 6102 Malters
E-mail: info@kaphiy.ch
Managing Director: Nicolas Fischer

Status: 01.04.2022