General Terms
Thank you for taking the time to read the Golden Bean Company’s terms and conditions. By using this website or placing an order with us, either by telephone or through our website, www.goldenbeanstore.com°, you agree to be bound by these terms and conditions. If you have any questions regarding these terms and conditions, please contact us using the contact details below.
Scope
1.1 These general terms and conditions (hereinafter “GTC”) of Golden Bean SàrL (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the goods displayed by the seller in his online shop and / or concludes services. The inclusion of the customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
Conclusion of the contract
2.1 A prerequisite for the conclusion of the contract is that only people over the age of 18 can register. The customer must provide the data requested during registration in full and correctly. If there is a change in the data provided after registration, the customer is obliged to correct the information immediately. The personal password chosen by the customer when registering on the Internet must be kept secret and may not be disclosed to third parties. The customer is responsible for all actions taken on the website under his password.
2.2 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer. If a certain article is not available, the seller will inform the customer about its unavailability before accepting the order.
2.3 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process.
2.4 The contract text is saved by the seller and confirmed to the customer by e-mail after the order has been sent (“confirmation of receipt”). The contract is only concluded when an order confirmation is sent by e-mail. The customer’s invoice or confirmation of payment is sent in a separate e-mail.
2.5 In addition, the text of the contract is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before submitting his order.
2.6 Only English is available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of Withdrawal
3.1 Right of Withdrawal Instruction
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
You have a legal right to change your mind and cancel the contract within 14 days of delivery of the product.
For deliveries of goods: The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
For subscription contracts: You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the first goods.
In the case of services: If you have requested that the services begin during the withdrawal period, you have to pay us a reasonable amount that corresponds to the portion of the amount already paid up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract services provided compared to the total scope of the services provided in the contract.
In order to exercise your right of withdrawal, you must inform us (Golden Bean SàrL, 26, Place de la Gare, L-1616 Luxembourg, Phone +352 28 79 39 40, orders@goldenbeancoworking.com, by means of a clear declaration (e.g. an with the Letter sent by post or e-mail) of your decision to withdraw from this contract. You can also use the sample withdrawal form provided, but this is not an obligation.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
3.1.1 Consequences of the Withdrawal
If you withdraw from this contract, we will give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
3.1.2 Exclusion or premature expiry of the right of withdrawal.
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
3.1.3 General Information
Please avoid damage and contamination of the product. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage.
3.1.4 Withdrawal Form
If you want to cancel the contract, please fill out this form and send it back to:
Golden Bean SàrL
26, Place de la Gare
L-1616 Luxembourg
E-mail: orders@goldenbeancoworking.com
Phone.: +352 -28 79 39 40
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the
following goods (*)/ for the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received at (*) __________________
________________________________________________________
The name of the consumer (s)
________________________________________________________
Address of the consumer (s)
________________________________________________________
Signature of the consumer (s) (only for messages on paper)
_________________________
Date
(*) Delete as applicable
Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are specified in the seller’s online shop:
4.3.1 For regular orders, you can choose to pay by PayPal, credit card or Apple Pay.
Transfer and purchase on account are limited to one billing address in Luxembourg.
4.3.2 Subscription orders can only be paid for by credit card.
4.4 If pre-payment has been agreed, the payment is due immediately after the conclusion of the contract.
4.5 When paying using one of the payment methods offered by PayPal, payment is processed by the payment service provider PayPal (Europe) subject to the PayPal Terms of Use, which can be viewed at www.paypal.com.
4.7 The customer shall be in default at the latest if he does not comply with the payment period noted on the invoice or contractually agreed after the due date and receipt of the invoice.
4.8 The customer will be charged reminder fees for every reminder sent after the occurrence of default. If a direct debit order is not served or is booked back as a result of an objection, the seller is also entitled to charge a flat rate fee as well as the bank charges incurred.
Delivery and Shipping Conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller’s order processing is decisive.
5.2 The goods are dispatched promptly and following the receipt of the order and subsequent processing on Mondays, Wednesdays and Fridays, unless these are public holidays.
5.3 The customer will be charged separately for packaging and shipping the goods (“shipping costs”). These correspond to the information given when purchasing in the online shop, unless otherwise agreed.
5.4 Goods that are delivered by a forwarding agent are delivered “free curbside”, i.e. up to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed.
5.5 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the performance a reasonable time in advance.
5.6 For pickup, the seller first informs the customer by e-mail that the goods he/she has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s headquarters after consultation with the seller. In this case, no shipping costs will be charged
Retention of Title
If the seller makes an advance payment, he/she retains ownership of the delivered goods until the purchase price owed has been paid in full.
Liability for Defects (Guarantee)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the delivery service about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
Redemption of Action Vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.
8.2 Individual products can be excluded from the voucher promotion if there is a corresponding restriction from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible. Only one campaign voucher can be redeemed per order.
8.4 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.5 The promotional voucher is not transferable.
Applicable Law
9.1 The law of the Luxembourg applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
Place of Jurisdiction
10.1 If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Luxembourg, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of Luxembourg, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.
Severability
Should one or more provisions of these terms and conditions be ineffective, this does not result in the ineffectiveness of the entire terms and conditions. The ineffective regulation will be replaced by the relevant statutory regulation.
Information on Online Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here:
https://ec.europa.eu/consumers/odr/
We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board.