Terms & Conditions

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

Area of application
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 offers of goods presented by the Seller on the Internet are – also with regard to the price quotations – subject to change and non-binding.
All prices quoted are in Swiss Francs and include the statutory value added tax and other price components plus postage and packaging costs.

The prices stated on the Internet pages at the time of receipt of the order shall apply. In particular, price changes are caused by changes in suppliers and / or manufacturer prices.
Price increases will be communicated to the buyer before delivery and his agreement will be obtained. Price reductions will be passed on without notification.

Conclusion of contract

With the order of the commodity the buyer explains obligatorily to want to acquire the ordered commodity.
The contract is concluded as soon as the customer places his order via the online store, in the retail store, by telephone or e-mail.The arrival of the order in the case of an online order is indicated to the customer by means of an automatically generated order confirmation by e-mail. The receipt of the automatically generated order confirmation does not constitute a promise that the product is actually available or can be delivered.
If a contract has been concluded but ordered items are not available from our suppliers in the foreseeable future despite timely covering transactions, the seller reserves the right to withdraw from the contract in this respect. If the seller recognizes this, he will inform the customer immediately and refund any payments already made.

Return/Exchange/Right of withdrawal

Right of Withdrawal
The consumer has the right to revoke the contract within ten (10) days without giving any reason. The revocation period is ten (10) days from the day on which he or a third party designated by him, who is not the carrier, has or has taken possession of the last goods.
The right of return is excluded for:

• Coffee beans (ground or whole; as individual packaging or subscription).

To exercise the right of withdrawal, the consumer must contact the seller by mail or email with the following information:

• Name of the consumer
• order date
• Order reference
• Clear statement of the decision to withdraw from the contract.

Contact options
Campesino GmbH
Brauerstrasse 58
8004 Zurich
hello@mirocoffee.co

Consequences of revocation
If the consumer revokes this contract, we shall repay him all payments we have received from him, excluding delivery costs, without undue delay and at the latest within ten (10) days from the day on which we received the notification of his revocation of this contract. For this repayment, we shall use the same means of payment that the consumer used in the original transaction, unless expressly agreed otherwise with him; in no case shall he be charged any fees because of this repayment.
The consumer shall return or hand over the goods to us without undue delay and in any case no later than within ten (10) days from the day on which he notifies us of the revocation of this contract. The deadline is met if he sends the goods before the expiry of the period of ten (10) days.
We may refuse repayment until we have received the goods back or until he has provided proof that he has returned the goods, whichever is earlier. The cost of returning the goods shall be borne by the consumer.
The consumer must pay for any loss in value of the goods, if this loss in value is due to handling by the consumer that is not necessary to inspect the quality, characteristics and functioning of the goods, if the goods are damaged or lost during return.

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
In case of availability, the goods will be shipped by the seller as soon as possible, at the latest within 5 working days, after receipt of the order. If an item is not in stock with the seller, he will deliver as soon as possible within the limits of availability. 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 or UPS 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.

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.

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.

Reminder Fees
Following orders via e-mail and invoice, reminder fees will apply if the invoice is not paid on time. The first reminder is free of charge, the second reminder is followed by a reminder fee of CHF 10 and the third reminder is followed by a reminder fee of CHF 30. If no payment is made after the third reminder, we take the liberty to engage a collection company to make the claim valid. All associated costs must be borne by the buyer.

Retention of title
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.

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.

Payment
The seller reserves the right to exclude individual methods of payment to the buyer. This applies in particular to first-time orders or orders with buyers whose creditworthiness is not ensured.

The Seller is entitled to set off payments of the Buyer first against existing claims against the Buyer.

For its part, the Buyer shall only be entitled to offset payments if the counterclaim is undisputed or has been legally established or acknowledged in writing by the Seller. The Buyer may exercise a right of retention only to the extent that the claims result from the same contractual relationship.

The customer has the right to choose between the following payment methods under the restriction of the preceding provisions: Stripe, Snipcart, credit card: Visa, MasterCard or American Express.

Swiss Orders
We deliver only against prepayment in favour of

Bank: Zürcher Kantonalbank
Konto-Nr.: 1148-2841.734
IBAN:  CH70 0070 0114 8028 4173 4

Orders from abroad
We deliver to other European countries only against prepayment and in Swiss Francs. After receipt of your order you will receive an order confirmation by e-mail from our customer service. Shipping costs will be charged according to the current postal rate of the Swiss Post. (We do not accept checks).

Custom Fees
Customs fees for orders from abroad: There are no customs fees for deliveries to other European countries. Except Germany, which charges 2.30 Euro coffee tax per kilo of coffee.

Liability
Claims for damages from non-delivery, from breach of contract, from being to blame for with conclusion of a contract and from bad action, are completely impossible, as far as deliberate or roughly negligent acting is not present, against Campesino GmbH and against the fulfilment and/or executing aides of Campesino GmbH. Any liability for indirect or consequential damages resulting from the use, malfunction or failure of goods delivered by Campesino GmbH is excluded.

Changes of the GTC
We expressly reserve the right to unilaterally change these terms and conditions at any time without prior notice. In each case the GTC apply, as they are published under mirocoffee.co/terms.

Choice of law
In any case, the relations between Campesino GmbH and the customer are subject to Swiss law according to the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The application of the provisions of the Vienna Sales Convention (“United Nations Convention on Contracts for the International Sale of Goods”) is expressly excluded.

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.

Place of performance
Place of performance for delivery and payment is the registered office of the seller. All legal relations between the seller and the customer shall be governed by the laws of Switzerland, excluding the UN Convention on Contracts for the International Sale of Goods.

Place of jurisdiction
The place of jurisdiction is Zurich, unless the place of jurisdiction is governed by the Swiss Jurisdiction Act. Campesino GmbH reserves the right to sue the customer at the courts of his domicile or at any other competent court.

Status 2021