Terms and Conditions
General Terms and Conditions of nunc. GmbH
This English translation is provided for convenience only. In case of any discrepancy, the German version shall prevail.
1. Scope of Application
1.1 Purchases in the nunc. online shop as well as the use of digital content and services provided by nunc. are conducted exclusively on the basis of these General Terms and Conditions (GTC). The version retrievable at https://nunc.coffee/pages/agb at the time of conclusion of the contract shall apply, unless the applicability of a different version has been agreed upon.
1.2 These GTC shall also apply to future contracts with the same buyer, unless otherwise agreed.
1.3 Insofar as nunc. offers digital content or digital services (e.g. software, apps, digital features related to nunc. products), these GTC shall additionally apply to the provision and use of such digital services, unless separate terms of use are agreed upon.
1.4 Digital content and services provided by nunc. are generally available exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB). Buyers who are entrepreneurs within the meaning of Section 14 BGB have no entitlement to the provision or use of digital services from nunc., unless expressly agreed otherwise on a case-by-case basis. nunc. reserves the right to offer separate conditions and payment models for entrepreneurs.
2. Formation of 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 by nunc. but are 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, opening the product page and clicking the “Proceed to Checkout” 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. Further data, namely name and address, are transmitted to us by Shop Pay. The buyer may also choose Apple Pay or Google Pay for payment. In all three cases, the buyer logs in to the respective service and the aforementioned data are transmitted to us by the provider. Alternatively, the buyer may log in with an existing customer account using their email address and an SMS to their phone number, or enter their email address, contact details and credit card information. The buyer may also choose whether to subscribe to the nunc. newsletter. The buyer may furthermore choose to have their data stored for future orders. In this case, their phone number will be requested, which secures the login through SMS confirmation. The buyer is then taken to a page with an order summary and may correct erroneous entries using the browser’s back button or the change buttons next to individual entries. 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, access to which the buyer guarantees from the time of the order until both parties have fulfilled their contractual obligations. The buyer may replace the address by notifying nunc. in text form with a new address.
3.2 nunc. is entitled to use all means of communication provided by the buyer for communication in connection with the processing of the contract, unless a specific form is required 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 available only to consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
4.2 The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.
4.2a The right of withdrawal furthermore does not apply to contracts for the supply of digital content not delivered on a tangible medium, if nunc. has commenced performance of the contract after the consumer has expressly agreed that nunc. may begin performance before the expiry of the withdrawal period, and the consumer has confirmed their acknowledgement that by giving such consent they lose their right of withdrawal upon commencement of performance.
5. Shipping
5.1 Delivery of goods is made by postal service to the delivery address specified by the buyer during the ordering process.
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 can provide a delivery address in one of the following countries:
5.3 If nunc. is unable to perform or unable to perform in a timely manner, e.g. due to the unavailability of goods, nunc. shall inform the buyer thereof without undue delay in text form. Cases of unavailability of performance in this sense include non-delivery as well as untimely or incorrect self-delivery by the suppliers of nunc., despite nunc. having duly ordered the goods (congruent covering transaction), or the occurrence of events of force majeure of not insignificant duration (i.e. regularly with a duration of more than 14 calendar days). In these cases, nunc. is entitled to delay delivery for the duration of the hindrance or – in the case of permanent unavailability – to withdraw from the contract in whole or in part; any consideration already rendered by the buyer shall be refunded without undue delay. The foregoing shall apply only insofar as nunc. is not responsible for the lack of availability of goods or has not assumed the risk of procuring the ordered goods in the individual case. The statutory rights of withdrawal and claims for damages of the buyer shall remain unaffected.
5.4 As a general rule, nunc. does not assume the procurement risk for ordered services, including in the case of a purchase contract for goods described only by type and characteristics (generic goods). nunc. is only obligated to deliver from its existing stock and from goods ordered from suppliers.
5.5 nunc. may ship multiple ordered items in partial deliveries, provided this is reasonable for the buyer. Shipping costs, where applicable, shall only be charged to the buyer once.
5.6 Collection by the buyer is excluded.
5.7 If the carrier returns the shipped goods to nunc. because delivery to the buyer was not possible, the buyer shall bear the costs of the unsuccessful shipment. This does not apply if the buyer is not responsible for the circumstance that led to the impossibility of delivery, or if the buyer was temporarily prevented from accepting the offered service, unless nunc. had announced the delivery a reasonable time in advance. Furthermore, this does not apply with regard to the costs of the outbound shipment insofar as the buyer effectively exercises their right of withdrawal.
6. Transfer of Risk During Shipping
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 their 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 carrier and inform nunc. For buyers who are consumers, failure to submit a complaint or to inform nunc. shall have no adverse consequences regarding the exercise of their statutory warranty rights. If the buyer is an entrepreneur, failure to give notice may lead to a loss of claims insofar as the liability of the carrier is excluded because nunc. was unable to report the damage to the carrier in a timely manner due to the buyer’s failure to give notice.
8. Retention of Title
8.1 The purchased goods shall remain the property of nunc. until the purchase price has been paid in full. If the buyer is an entrepreneur, the retention of title shall remain in effect until all claims arising from the ongoing business relationship have been settled. At the buyer’s request, nunc. shall, at its discretion, waive the retention of title for parts of the goods insofar as the value of the goods exceeds all claims related to the goods by 20%. For entrepreneurs, release shall only be granted if, in addition, adequate security exists for other claims from the ongoing business relationship.
8.2 As long as the retention of title is in effect, the buyer may not dispose of the purchased goods.
9. Payment
9.1 Credit card payments are always accepted on account of payment, not in lieu of performance.
9.2 If credit card payments are not executed or are reversed (chargeback), the resulting third-party costs as well as a flat processing fee of EUR 10.00 shall become 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 indicated that shipping costs are included. The respectively stated shipping costs shall apply.
9.4 For individual orders, payment is due either immediately or in two instalments, depending on the product.
9.4a Insofar as nunc. offers digital content or services for a recurring fee (subscription), the prices and billing intervals displayed at the time of contract formation shall apply. nunc. is entitled to adjust subscription prices with a notice period of at least four weeks before the next renewal period. In this case, the buyer may terminate the subscription at the end of the current billing period.
9.5 If the buyer is in default of payment, nunc. is entitled, without prejudice to further statutory rights, to charge reminder fees in accordance with statutory provisions and to temporarily suspend access to the subscription or digital services until the outstanding payment has been made.
9.6 Complaints about defects and other claims for redress do not entitle the buyer to reverse credit card charges after receipt of the goods or services. This also applies to any credit card or account holder who differs from the buyer. In the event of justified complaints about defects or claims for redress, the provisions under Section 11 shall apply.
10. Prohibition of Set-Off
The buyer may only set off undisputed or legally established claims or exercise a right of retention. The buyer is only entitled to exercise rights of retention on the basis of counterclaims arising from the same contractual relationship.
11. Warranty
11.1 The statutory warranty provisions shall apply, unless otherwise provided by the following provisions.
11.1a For digital content and digital services provided by nunc., the statutory provisions of Sections 327 et seq. BGB shall apply. nunc. shall provide updates insofar as this is required by law. nunc. is entitled to modify or discontinue non-essential features of digital services with reasonable prior notice, provided that the buyer does not suffer any material disadvantage as a result.
11.2 If the buyer is an entrepreneur, the buyer must report any obvious defects in text form no later than one week after receipt of the goods; non-obvious defects must be reported in text form no later than one week after discovery. If these deadlines are not met, warranty claims shall be excluded, unless nunc. has fraudulently concealed the defect.
11.3 In the event of complaints about material defects, the return of the complained part of the goods is a prerequisite for repair or replacement delivery. The costs of return shipping shall be 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 shall bear the difference. If it turns out that no defect exists, the buyer shall bear the costs of return shipping to nunc. and the renewed delivery to the buyer.
11.4 In the case of justified complaints, nunc. shall, at the buyer’s choice, provide repair or replacement delivery. If the type of supplementary performance chosen by the buyer is only possible at disproportionately high cost, the buyer is limited to the other type of supplementary performance. If the buyer is an entrepreneur, nunc. may, in deviation from sentence 1, choose between remedying the defect and delivering a defect-free item. This choice can only be made by notification in text form (including by fax or email) to the buyer within three business days of notification of the defect.
11.5 In the event of untimely, omitted or failed repair or replacement delivery, the buyer shall be entitled to the statutory warranty claims. Claims for damages shall only be available to the buyer under the conditions set out in Section 12.
11.6 If the buyer is an entrepreneur, the buyer’s warranty and/or damage claims shall expire one year from delivery of the goods. This shall not apply insofar as nunc. has intentionally caused a defect or damage.
12. Liability
12.1 The liability of nunc. for the payment of damages or reimbursement of expenses, regardless of the legal basis, is excluded unless otherwise provided in the following paragraphs. This exclusion of liability does not apply
12.1.1 to damages resulting from intentional or grossly negligent breach of duty by nunc. or its legal representatives or vicarious agents,
12.1.2 to damages caused by culpable breach of a material contractual obligation in a manner that jeopardises the achievement of the purpose of the contract. Material contractual obligations are those obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely. However, liability is limited to the typical contractual damage that either party should have foreseen based on the circumstances known to them at the time,
12.1.3 to damages arising from injury to life, body or health caused by 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 assumed guarantee for the quality of the goods,
12.1.5 in the case of claims under the German Product Liability Act (Produkthaftungsgesetz).
12.2 Insofar as the liability of nunc. is excluded or limited, this shall also apply to the liability of the legal representatives, employees and vicarious agents of nunc.
12.3 The above provisions do not entail a reversal of the burden of proof to the disadvantage of the buyer.
13. Force Majeure
13.1 Delays in delivery and performance due to force majeure or unforeseeable events that materially impede or render impossible the fulfilment of contractual obligations and are not attributable to nunc. (including in particular war, war-like events, official orders, non-issuance of export, import or transit permits, national measures restricting trade, strikes, lockouts and other operational disruptions of any kind, as well as transport disruptions and pandemics, including COVID-19) – regardless of whether these events occur at nunc., its suppliers or sub-suppliers – shall entitle nunc. to postpone delivery or performance for the duration of the hindrance plus a reasonable start-up period, or to withdraw from the contract in whole or in part insofar as the contract has not yet been fulfilled and the hindrance persists indefinitely.
13.2 Termination by the buyer in the cases referred to in Section 13.1 shall be possible at the earliest two weeks after the occurrence of the operational disruption described above. Earlier termination shall be possible if further waiting is unreasonable for the buyer, in particular if it is foreseeable that the hindrance will not end in the foreseeable future. If waiting for more than two weeks is reasonable for the buyer, for example because an early end to the hindrance is foreseeable, termination shall only be possible after the expiry of two weeks.
13.3 Liability of nunc. is excluded in these cases.
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 purchase contracts and online service contracts. The platform is accessible at http://ec.europa.eu/consumers/odr/. Our email address is: information@nunc.coffee.
14.2 nunc. is neither obligated nor willing to participate in a dispute resolution procedure under the German Consumer Dispute Resolution Act (VSBG).
15. Final Provisions
15.1 The contractual language is German.
15.2 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Consumers with habitual residence abroad may, regardless of the specific choice of law, also rely on mandatory provisions of the law of the state in which they are domiciled.
15.3 If the buyer is an entrepreneur, the place of performance for all obligations arising from the contract shall be 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, at nunc.’s choice, Konstanz or the registered office of the buyer. For actions against nunc., Konstanz shall be the exclusive place of jurisdiction. Mandatory statutory provisions regarding exclusive places of jurisdiction shall remain unaffected by this provision.