Terms and Conditions
General Terms and Conditions of nunc. GmbH
1. Scope
1.1 Purchases in the nunc online shop are processed exclusively on the basis of these General Terms and Conditions. The version available at https://nunc.coffee/pages/agb at the time of contract conclusion shall prevail, unless otherwise agreed.
1.2 The General Terms and Conditions shall also apply to future contracts with the same buyer, unless otherwise agreed.
2. Conclusion of the contract, ordering process
2.1 Product descriptions on our websites and in the nunc . online shop, as well as in any other advertising materials, do not constitute a binding contractual offer from nunc., but are intended as an invitation to potential buyers to submit an offer.
2.2 By placing an order in the nunc. online shop, the buyer submits a binding offer. nunc. may accept the order by sending an order confirmation via email within 5 business days.
2.3 The order is placed by the buyer selecting a product, calling up the product page and clicking the “ Checkout now ” button. This takes the buyer to the single checkout page. When paying with Shop Pay, the buyer enters their email address on the subsequent page. The other data, namely name and address, are transmitted to us by Shop Pay. The buyer can also choose Apple Pay or Google Pay for payment. In all three cases, the buyer logs in to the corresponding service and the other data mentioned is transmitted to us by the provider. Alternatively, the buyer can log in with an existing customer account using their email address and an SMS to their telephone number or enter their email address, contact details and credit card details. They can also choose whether they would like to receive the nunc. newsletter. The buyer can also choose to have their data saved for future orders. In this case, their telephone number will be requested, which secures login by confirming it with an SMS. The buyer is then taken to a page with an order overview and can correct any incorrect information using the browser's back button or the edit buttons on the individual details. By clicking the "Buy" button, the buyer submits their offer.
3. Communication with the buyer, invoices in text form
3.1 During the ordering process, the buyer must provide an email address, which he or she will ensure is accessible from the time of the order until the mutual fulfillment of the contractual obligations. The buyer may replace the address with a new one by notifying nunc in text form.
3.2 nunc. is entitled to use all communication options specified by the Buyer for communication in connection with the execution of the contract, unless a specific form is prescribed by law.
3.3 nunc. is entitled to send invoices to the customer in text form.
4. Right of withdrawal
4.1 The right of withdrawal is only available to consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
4.2 The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
5. Shipping
5.1 Goods will be delivered by post to the delivery address specified by the buyer when placing the order.
5.2 The following delivery restrictions apply: nunc. only delivers to buyers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in one of the following countries:
5.3 If nunc. is unable to perform or cannot perform on time, e.g. due to the unavailability of the goods, nunc. will inform the buyer of this immediately in text form. Cases of unavailability of the service in this sense are non-delivery as well as late or incorrect delivery by nunc.'s suppliers, even though nunc. has properly ordered the goods (congruent hedging transaction) or the occurrence of force majeure events of a not inconsiderable duration (i.e. usually lasting longer than 14 calendar days). In these cases, nunc. is entitled to delay delivery for the duration of the hindrance or in the event of final unavailability to withdraw from the contract in whole or in part; any consideration already provided by the buyer will be reimbursed immediately. The above only applies to the extent that nunc. is not responsible for the lack of availability of the goods or has not assumed the risk of procuring the ordered goods in the individual case. The buyer’s statutory right of withdrawal and compensation remains unaffected.
5.4 As a general rule, nunc. does not assume the procurement risk for ordered services, even in the case of a purchase contract for goods that are only described by their type and characteristics (generic goods). nunc. is only obligated to deliver from its inventory and to deliver goods ordered from suppliers.
5.5 nunc. may ship multiple ordered items in partial deliveries, provided this is reasonable for the buyer. Shipping costs, if incurred, will be invoiced to the buyer only once.
5.6 Collection by the buyer is excluded.
5.7 If the transport company returns the shipped goods to nunc. because delivery to the buyer was not possible, the buyer shall bear the costs for the unsuccessful shipment. This shall not apply if the buyer is not responsible for the circumstances leading to the impossibility of delivery or if the buyer was temporarily prevented from accepting the offered service, unless nunc. had notified the buyer of the delivery a reasonable time in advance. Furthermore, this shall not apply to the costs of delivery if the buyer effectively exercises his right of withdrawal.
6. Transfer of risk during shipment
If the buyer is an entrepreneur and the goods are to be delivered or items brought in by the buyer are to be returned on his behalf, the risk shall pass to the buyer as soon as the shipment has been handed over to the person carrying out the transport.
7. Transport damage
If goods are delivered with obvious transport damage, the buyer shall immediately report the damage to the transport company and inform nunc. Failure to file a complaint or inform nunc. will not have any adverse consequences for the buyer, who is a consumer, when exercising their statutory warranty rights. If the buyer is a business owner, failure to file a complaint may result in the loss of claims, insofar as the transport company's liability is excluded because nunc . fails to report the damage to the transport company in a timely manner due to the buyer's failure to file a complaint.
8. Retention of title
8.1 The purchased goods remains the property of nunc . until the purchase price has been paid in full. If the purchaser is an entrepreneur, the retention of title remains in effect until all claims arising from the ongoing business relationship have been settled. At the purchaser's request, nunc. is obliged, at its discretion, to waive the retention of title for parts of the goods to the extent that the value of the goods exceeds all claims related to the goods by 20%. In the case of entrepreneurs, the release will only take place if additional, appropriate security exists for other claims arising from the ongoing business relationship.
8.2 As long as the retention of title exists, the buyer may dispose of the purchased goods do not have.
9. Payment
9.1 Credit cards are always accepted as payment, not as performance.
9.2 If credit card payments are not executed or are reversed ( chargeback ), the resulting third-party costs as well as a flat-rate processing fee of EUR 10.00 are due, unless the buyer is not responsible for this. nunc. reserves the right to prove higher damages, and the buyer reserves the right to prove lower damages.
9.3 Shipping costs are not included in the stated prices unless expressly stated otherwise. The stated shipping costs apply.
9.4 For individual orders, payment shall be made either immediately or in two installments, depending on the product.
9.5 If the Buyer defaults on a payment, nunc. shall be entitled, without prejudice to further statutory rights, to charge reminder fees in accordance with statutory provisions and to temporarily block access to the subscription until the outstanding payment has been made.
9.6 Complaints about defects and other claims for complaints do not entitle the buyer to revoke credit card debits after receipt of the goods or services. This also applies to any credit card or account holder other than the buyer. Furthermore, in the case of justified complaints about defects or claims for complaints, the provisions under 11 apply.
10. Prohibition of offsetting
The buyer may only offset or exercise a right of retention with undisputed or legally established claims. The user is only entitled to assert rights of retention based on counterclaims arising from the same contractual relationship.
11. Warranty
11.1 The statutory warranty provisions shall apply unless otherwise stated in the following provisions.
11.2 If the buyer is an entrepreneur, he must notify us of any obvious defects in writing no later than one week after receipt of the goods; non-obvious defects must be notified in writing no later than one week after discovery. If these deadlines are not met, warranty claims are excluded unless nunc . has fraudulently concealed the defect.
11.3 In the event of a complaint about material defects, the return of the goods in question is a prerequisite for repair or replacement. The cost of return delivery is borne by nunc. The buyer must choose a customary and appropriate mode of transport. If the costs exceed the usual costs for such transport and a cheaper transport option would have been reasonable for the buyer, the buyer must bear the difference. If it turns out that there is no defect, the buyer must bear the cost of return delivery to nunc. and re-delivery to the buyer.
11.4 In the event of justified complaints, nunc. shall, at the buyer's discretion, provide repair or replacement. If the type of subsequent performance chosen by the buyer is only possible at disproportionately high costs, the buyer is limited to the other type of subsequent performance. If the buyer is an entrepreneur, nunc . may, in deviation from sentence 1, choose between remedying the defect or delivering a defect-free item. The choice can only be made by notifying the buyer in text form (including by fax or email) within three working days of notification of the defect.
11.5 In the event of late, omitted, or unsuccessful repair or replacement delivery, the buyer shall be entitled to the statutory warranty claims. The buyer shall only be entitled to claims for damages under the conditions set out in Section 12.
11.6 If the buyer is an entrepreneur, the buyer's warranty and/or compensation claims shall expire one year from the date of delivery of the goods. This shall not apply if nunc. caused a defect or damage intentionally.
12. Liability
12.1 The liability of nunc. for payment of damages or reimbursement of expenses, regardless of the legal basis, is excluded unless otherwise stated in the following paragraphs. This exclusion of liability does not apply.
12.1.1 for damages resulting from an intentional or grossly negligent breach of duty by nunc. or its legal representatives or vicarious agents,
12.1.2 for damages caused by the culpable breach of a material contractual obligation in a manner that jeopardizes the achievement of the contract's purpose. Material contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contracting party regularly relies and may rely. However, liability is limited to the damage typical for the contract, the occurrence of which each contracting party had to expect based on the circumstances known to it at the time.
12.1.3 for damages resulting from injury to life, body or health resulting from a negligent breach of duty by nunc. or its legal representatives or vicarious agents,
12.1.4 in the case of fraudulently concealed defects and a guarantee for the quality of the goods,
12.1.5 for claims under the Product Liability Act.
12.2 To the extent that nunc.’s liability is excluded or limited, this shall also apply to the liability of nunc .’s legal representatives, employees and vicarious agents.
12.3 The above provisions do not involve a change in the burden of proof to the detriment of the buyer.
13. Force majeure
13.1 Delays in delivery and performance due to force majeure or unforeseeable events which make the fulfilment of contractual obligations significantly more difficult or impossible and for which nunc. is not responsible (this includes in particular war, warlike events, official orders, non-issuance of export, import or transit permits, national measures to restrict trade, strikes, lockouts and other operational disruptions of any kind as well as traffic disruptions and pandemics, including COVID-19) - regardless of whether these events occur at nunc., its suppliers or subcontractors - entitle nunc. to postpone delivery or performance for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part - if it has not yet been fulfilled and if the hindrance persists for an unforeseeable period.
13.2 In the cases specified under 13.1, termination by the buyer is possible no earlier than two weeks after the onset of the operational disruption described above. Prior termination is possible if further waiting is unreasonable for the buyer, particularly if it is foreseeable that the disruption will not end in the foreseeable future. If waiting for more than two weeks is reasonable for the buyer, for example because an imminent end to the disruption is foreseeable, termination is only possible after the expiration of two weeks.
13.3 In these cases, nunc. shall not be liable.
14. Dispute resolution
14.1 The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to serve as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts and online service contracts. The platform can be accessed at http://ec.europa.eu/consumers/odr/. Our email address is: information@nunc.coffee.
14.2 nunc. is neither obliged nor willing to participate in a dispute resolution procedure under the Consumer Dispute Resolution Act (VSBG).
15. Final provisions
15.1 The contract language is German.
15.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers habitually resident abroad may always rely on mandatory provisions of the law of the country in which they are domiciled, regardless of the specific choice of law.
15.3 If the buyer is an entrepreneur, the place of performance for all obligations arising from the contract is the registered office of nunc.
15.4 If the buyer is a merchant or a legal entity under public law, the place of jurisdiction for all disputes arising from the business relationship between nunc. and the buyer shall be Konstanz or the buyer's registered office, at nunc.'s discretion. For legal actions against nunc., Konstanz shall be the exclusive place of jurisdiction. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected by this provision.