The controller of the Internet shop (further “e-shop” or “Internet shop”) located on the Internet domain www.triplefivecoffee.com (further “Internet domain” only) is

Triple five roasters s.r.o.
Registered office: Turbínova 1, hala 1, Bratislava, 83104
Registered under: OR OS BA I, odd. Sro,
Insertion number:  88617/B
IČO: 47117311
E-mail: contact@triplefivecoffee.com
Phone number: +421 948 072218

(hereinafter only “company”)

Authority of Internal Market Surveillance: Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava, https://www.soi.sk/sk/Kontakt.soi (according to the Act No. 128/2002 Coll. on State Control of Internal Market in the Consumer Protection Issues)

Basic terms

Seller – a company that, upon concluding and fulfilling sales contract, acts within the scope of its business activity in its own name, on his own account, and which sells the goods via e-shop

Consumer / Buyer – any natural person who buys the goods via the Internet shop, and who, upon concluding and fulfilling sales contract, does not act within the scope of his/her own business activity or other entrepreneurial activity

Goods – goods or services offered via e-shop

Order – consumer’s act carried out via e-shop which expresses consumer’s will to buy goods via e-shop

Price – the total price stated in the order, namely price for all consumer’s ordered goods stated in the order, as well as VAT or other taxes and fees, including delivery fees

Transport fee / Delivery fee – price for the transport of the goods to the buyer and eventually for manipulation with the goods (carrying up the goods, etc.) if it is included in the delivery fee, including the postage and other charges and fees

T&Cs – General Terms and Conditions

General Provisions

1. These general terms and conditions amend:

1. 1. The process of purchasing the goods by the buyer via e-shop;
   2. The seller’s sales and purchase conditions via e-shop;
   3. Rights and obligations of the contracting parties, of the seller and of the buyer, arising from the purchase contract concluded between these two parties, having as its object the purchase and the sales of the goods via the seller’s e-shop

 

Order and contract conclusion 

1. The buyer orders the goods from the seller via an e-shop located on the domain www.triplefivecoffee.com.
2. Description, qualities of the goods, availability on stock and the price of the goods are stated by each item offered via e-shop.  All the images of the goods are of an informative character only.
3. Purchase of the goods via e-shop is possible for registered and non-registered consumers. When registering, the consumer enters his/her registration data; the seller shall use this data only for the purpose of identification of the consumer during order processing and delivery of the ordered goods.
4. Upon registration, the consumer gets access to his or her account (hereinafter only “consumer’s account”). Consumer’s account enables the consumer to follow the history of his or her previous orders and realized purchases as well as other functionalities provided by the e-shop.
5. By clicking on “add to the shopping cart” or on a symbol of a shopping cart displayed by the product, the item will be added to the consumer’s shopping cart.  Throughout the whole order creation process, the consumer’s shopping cart is available for displaying and making amendments in the items of the order.  The content of the shopping cart is only informative until the moment of order completion.
6. During the shopping process, the consumer chooses the payment and delivery method from the options offered by the seller.  The delivery fee will be added to the price of ordered items according to the chosen delivery method, providing more delivery methods are offered by the seller.  In case the delivery fee is not covered by the consumer, i.e. the customer is eligible for discount from delivery fee, this fact is stated in the final order check, whereby the consumer is informed about the delivery fee or discount throughout the whole purchase process
7. The consumer finishes and confirms the order by clicking on “Order with payment obligation”. Before sending the order, the link to these T&Cs is at consumer’s disposal and by confirming and sending the order, the consumer confirms he or she got familiar with these T&Cs.
8. By sending the order, the consumer confirms that he had opportunity to get acquainted also with:
   1. The description of the goods
   2. The total price which he or she is obliged to pay to the selle
9. Once the order is sent, it is registered in the e-shop tool and, at the same time, the seller sends to the consumer’s e-mail address:
   1. An order confirmation containing information about the ordered goods
   2. Guidance on exercising the consumer’s right to withdraw from the contract including the form on exercising this right
   3. Reference to these T&Cs which are valid and effective at the time of order creation
   4. Reference to the seller’s claim policy
10. In accordance with the point 9 of this article of T&Cs, the contract is considered concluded upon the delivery of the order receipt acknowledgement along with the remaining documents.

Payment conditions

1. All prices of the goods displayed in the order and in the e-shop are listed including VAT and all other taxes.
2. If the consumer has selected a delivery method by a transport intermediary and the value of the goods does not exceed the value fixed by the seller when the delivery costs are charged to the seller, a shipping fee will be added to the price of the order.  Information about the payment of this fee is mentioned in the order. The value of the order including the shipping fee is listed throughout the whole shopping process.  The shipping fee is fixed as per the actual price list of the carrier.
3. The consumer can pay the order
   1. By payment card
   2. By payment gateway
   3. By bank transfer or by deposit into the seller’s account following the pro forma invoice issued by the seller.
   4. By cash on delivery (payment to the transport intermediary upon the delivery of the goods)
   5. In cash during the pick-up of the goods at the seller’s site
4. The seller reserves the right to restrict the payment methods, temporarily or permanently, due to technical reasons, constraints on the seller’s or the service intermediary’s site or due to force majeure
5. The seller does not charge any extra fee for the payment.  The seller draws consumer’s attention to the fact that the payment intermediary can charge a fee for payment execution (bank fees for bank transfer, etc.)
6. Under payment, we mean the moment when the sum is credited to the seller’s bank account or the moment when the payment execution is confirmed by the payment intermediary.

Delivery terms

1. The seller enables the following delivery method:
   1. Personal pick-up
   2. Delivery by a delivery intermediary (courier, post)
2. The seller commits himself to deliver the ordered goods to the consumer within an adequate period (hereinafter also “delivery period” or “delivery time”).  The orders confirmed by the seller will be delivered within the seller’s capacities, usually up to 7 working days from the beginning of the delivery process.   The seller will commence the delivery of the goods to the consumer once the order is fully confirmed and the goods are paid, providing the consumer selected as a payment method payment by card, by payment gateway or by bank transfer into the seller’s account.  In case the consumer selected as a payment method cash on delivery or on a personal pick-up, the seller will commence the delivery process once the order is fully confirmed.  In exceptional cases, the seller can extend the delivery time unilaterally and do so even repeatedly.  The seller reserves the right to extend the delivery period especially in cases of force majeure or in cases when it is not possible to realize goods delivery within the standard delivery period due to objective reasons.  In case of changes in delivery time, the seller will inform the consumer about the change via e-mail or via text message.  When the order is shipped or prepared for the pick-up, the consumer will be notified via email or via text message.
3. The seller reserves the right to refuse the order or its part,  and / or withdraw from the purchase contract in its entirety or partially due to the fact that the goods are out of stock or temporarily unavailable, or in case the producer has discontinued the production or has made significant changes which have disabled the fulfilment of obligations resulting from the consumer’s order, or due to the force majeure, or if, despite all efforts to the contrary,  the seller is not able to deliver the goods to the consumer within the delivery period defined in these T&Cs or for the price mentioned in the order.   If the seller refuses the order or its part and / or withdraws from the purchase contract in its entirety or partially, he is obliged to notify the consumer about this fact immediately and refund him the price paid for the goods within 14 days, unless the seller and the consumer agree on other facultative compensation. In case of the facultative compensation, the seller is obliged to deliver or provide to the consumer the goods or the service of the same quality and for the same price.
4. If the consumer orders more pieces of the goods than currently available on the seller’s stock, the e-shop will be able to place the order.  Once the order is placed, the consumer will be informed about the availability of the goods, and he or she can agree either on an immediate partial delivery of the goods available on stock, or on the complete delivery of the whole quantity of the goods as soon as they are available.
5. If the delivery by a transport intermediary is chosen, the seller will deliver the ordered goods to the consumer’s address mentioned as a delivery address in the order. The delivery of the goods does not include installation or other operations (e.g. unloading of the goods, etc).   The consumer is obliged to take over the goods personally or ensure that the goods will be taken over by a person the consumer has designated for taking over the goods in his absence.  The authorized person for taking over the goods must present to the seller or to the transport intermediary the original written authority.
6. The consumer is obliged to check the package and the delivered goods immediately after the delivery takes place.  In case the consumer finds out that the goods or its packaging is mechanically damaged, he or she is obliged to notify the transport intermediary and check the status of the goods in the package during the presence of the transporter. In case the damage of the goods is detected, the consumer is obliged to make a record on the extent and the nature of the damage on the delivery note and the transporter shall confirm the correctness of this record. Based on this written record delivered to the seller, the seller shall consequently grant to the consumer either removal of the defects, or discount on the goods, or, in case of irreparable defects, the seller shall deliver the new goods to the consumer.  The seller is not responsible for damages caused by the carrier or the consumer.
7. The consumer is obliged to confirm to the seller or more precisely, to the carrier, the receipt of the goods with his/her or authorized person’s signature on the delivery note.
8. If the consumer chooses as a delivery method the personal pick-up of the goods, he or she will be notified when the goods are ready for the pick-up and will be informed about the pick-up options at the store, or in the shop.

Instructions on consumer ’s right to withdraw from the contract 

1. The consumer has the right to withdraw from the contract without giving any reason within 14 days from the day:
   1. on which he or she, or the authorized person, excluding the shipping company, takes over the goods
   2. on which he or she, or the authorized person, excluding the shipping company, takes over the last ordered goods providing the goods from the order are being delivered separately (in sequences)
2. The consumer has the right to withdraw from the purchase contract before the withdrawal period starts running in terms of the previous point
3. If the consumer exercises the right to withdraw from the contract, he or she informs the seller about his or her decision by an unambiguous declaration in a written form or in the form of a record on other durable medium; in case the agreement was concluded orally, for exercising the right of withdrawal from the contract, it is sufficient to present an unambiguously worded consumer’s declaration expressing his will to withdraw from the contract. For this purpose, the consumer can use the copy of the form on withdrawing from the contract, which was sent to the consumer along with the order confirmation and which is also attached to these T&Cs.
4. The period to withdraw from the contract is remained if the consumer sends the notice on withdrawing from the contract on the last day of the withdrawal period at latest.
5. After withdrawing from the contract, all the payments effectuated with reference to the concluded contract (namely, the cost of the goods including the delivery, post and other costs and fees) will be refunded to the consumer.  This does not apply to the additional charges if the consumer selected a different delivery method as the frequently used cheapest delivery method in the seller’s offer.  By the additional charges, we understand the difference between the delivery charges selected by the consumer and the charges of the cheapest common delivery option offered by the seller. Payments will be refunded to the consumer without undue delay, not later than 14 days from the day when the announcement about withdrawal from the contract is delivered to the seller.  They will be effectuated by the same method selected by the consumer when paying for the order, unless the consumer utterly agrees with a different payment method, in this case no additional charges will be charged to the consumer.
6. The refund for the goods will be effectuated after the delivery of the returned goods to the seller’s address, or after submitting a document proving the goods have been sent back, depending which situation occurs sooner.  The consumer will send the goods back or will bring them to the seller’s address, not later than 14 days from the day on which the consumer exercises the right to withdraw from the contract. The deadline is met if the goods are sent back before the expiration of the 14-day period.  Direct costs for returning of the goods are borne by the consumer.
7. The Consumer is liable for any decrease in the value of the goods due to the handling of the goods in a way different to the way necessary to identify the nature, characteristics and functionality of the goods.
8. In case of the withdrawal from the contract, the consumer bears any costs connected with the process of returning the goods to the seller or to the person authorized by the seller for the pick-up of the goods.
9. The consumer cannot withdraw from the contract which is related to:
   1. the provision of services and the provision started upon previous explicit consent of the consumer when the consumer declared having been instructed about losing the right to withdraw from the contract after the full provision of the service and the full provision of the service has taken place
   2. the sale of goods/services offered for the price affected by deviations in the financial market beyond seller’s control with a potential to occur during the withdrawal period
   3. the sale of goods that are subject to specific or individual requirements of the consumer, including goods made to measure or goods intended for the particular consumer
   4. the sale of goods prone to quick quality deterioration or perishable goods
   5. the sale of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons
   6. the sale of goods that can be irreversibly mixed with other goods after delivery with regard to its nature;

Acquisition of ownership and transfer of the risk of damage

1. The consumer acquires the title to the goods only after the purchase price has been paid in full.
2. The risk of damage passes to the consumer upon accepting the product in question from the seller or the carrier (courier) ; if not done so in due time, upon the time when the seller enables the consumer to dispose of the goods and the consumer does not take over the goods.

Alternative dispute resolutions

1. If the consumer is not satisfied with the way his or her complaint has been handled or if he assumes that the seller has infringed his rights, he has the right to address a request for remedy to the seller, to the e-mail address contact@triplefivecoffee.com. If the seller rejects the request or does not reply to the request within 30 days, the consumer has right to submit a proposal for the start of alternative dispute resolution to one of the alternative dispute resolution entities (hereinafter only “ADR entity”) by Act No. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts as amended (hereinafter only “ADR Act”).  ADR entities are eligible authorities and legal persons according to the Act §  3 on ADR; the competent state body keeps a list of these entities („http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov“). The proposal can be submitted by the consumer according to § 12 of the ADR Act
2. The consumer can submit a complaint via Online Dispute Resolution (ODR) platform available online here  http://ec.europa.eu/consumers/odr/index_en.htm.
3. Alternative dispute resolution applies only to the disputes between the consumer and the seller arising from the consumer contract or a dispute related to the consumer contract.  Alternative dispute resolution applies only to disputes arising from consumer distance contracts. Alternative dispute resolution does not apply to the disputes whose value does not exceed 20€.  An alternative dispute resolution entity can request from the consumer a fee for the start of alternative dispute resolution that does not exceed €5.

Final Provisions 

1. The consumer declares that he or she has read and accepted these T&Cs and he or she is obliged to comply with them.
2. The seller reserves the right to amend these T&Cs.  The T&Cs or their amendments are valid and effective from the day of their publication on the website.
3. These T&Cs are valid and effective from 1st June 2019.