Terms of service

1. Scope and definitions

1.1. These terms and conditions of LMT Hospitality GmbH, Zur Alten Börse 79, 12681 Berlin, Germany (the "Seller") apply to all contracts for the supply of goods concluded between the Seller and a consumer or a business customer (the "Customer") through the Seller's online shop operating under the Fjord Coffee Roasters brand.

1.2. The version of these terms available in the online shop at the time the order is placed, and incorporated into the order, is the version that applies. The Seller reserves the right to change or supplement these terms for future orders. Contracts already concluded remain subject to the terms incorporated when they were concluded; clause 12.7 is unaffected.

1.3. The Seller does not accept the Customer's own terms and conditions. They do not become part of the contract unless the Seller has expressly agreed to them in text form in the individual case. This applies even where the Seller performs the delivery without reservation while aware of them.

1.4. A consumer is any natural person entering into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code).

1.5. A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business or profession when entering into the contract (§ 14 German Civil Code).

1.6. Where a provision applies only to consumers or only to business customers, this is stated in that provision. Otherwise it applies to both.

1.7. The online shop is directed at customers in the countries selectable as delivery destinations during the ordering process. The Seller does not deliver to other countries.

2. Formation of the contract

2.1. The presentation of goods in the online shop is not a binding offer. It is an invitation to the Customer to make an offer.

2.2. The Customer may add goods to the basket without obligation and may correct their entries at any time before submitting the order. Before the order is submitted, the Customer is shown a summary of all order details. The Customer makes a binding offer to purchase the goods in the basket by submitting the order using the order button.

2.3. The Seller confirms receipt of the order without undue delay by automatically generated email. This acknowledgement records only that the order has arrived and does not itself constitute acceptance, unless it also declares acceptance.

2.4. The Seller may accept the Customer's offer within five days, by

• express order confirmation in text form,
• dispatch of the goods to the Customer, or
• charging the payment method provided by the Customer.

Whichever occurs first is decisive. If the Seller does not accept within that period, the offer is deemed rejected, the Customer ceases to be bound by it, and any payment already made is refunded without undue delay.

2.5. Where payment is processed through a payment service provider, that provider's terms additionally govern the payment process. The contract for the goods is concluded solely between the Customer and the Seller.

2.6. The Seller stores the contract text and sends the Customer the order details and these terms in text form. The contract text is not accessible through the Seller's public website after the order has been completed. Customers who have created an account can view their orders there.

2.7. The Seller provides the consumer with a confirmation of the contract reproducing its content, on a durable medium, within a reasonable time after conclusion and at the latest on delivery of the goods. The confirmation contains the information required by law, including the withdrawal instruction and the model withdrawal form, unless these were already provided to the consumer on a durable medium before the contract was concluded.

2.8. The contract may be concluded in German or in English. The language version in which the Customer completed the ordering process applies.

2.9. The Customer must ensure that the email address provided is correct and able to receive messages from the Seller, in particular that filters do not block them. Order processing and communication normally take place by email.

2.10. Where the Customer selects a product with recurring delivery (a subscription), clause 12 applies in addition to this clause 2.

3. Right of withdrawal for consumers

3.1. Consumers have a statutory right of withdrawal under § 312g(1) in conjunction with § 355 of the German Civil Code. Business customers have no right of withdrawal.

3.2. The withdrawal instruction below sets out the conditions, the running of the period and the consequences of withdrawal.

3.3. Withdrawal instruction

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us

LMT Hospitality GmbH
Fjord Coffee Roasters
Zur Alten Börse 79
12681 Berlin
Germany
Telephone: +49 30 54000597
Email: hello@fjord-coffee.com

of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

You may also exercise your right of withdrawal online at https://fjord-coffee.de/pages/widerrufsformular#widerrufsbutton. If you use this online function, we will send you an acknowledgement of receipt on a durable medium (for example by email) without undue delay, stating the content of the withdrawal declaration and the date and time it was received.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the withdrawal instruction

3.4. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To LMT Hospitality GmbH, Fjord Coffee Roasters, Zur Alten Börse 79, 12681 Berlin, Germany, email: hello@fjord-coffee.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

3.5. Exclusion and early expiry of the right of withdrawal. Under § 312g(2) of the German Civil Code the right of withdrawal does not apply to the contracts listed there, in particular contracts for the supply of

• goods that are not prefabricated and for the manufacture of which an individual choice or

decision by the consumer is decisive, or that are clearly tailored to the consumer's personal requirements (§ 312g(2) no. 1),

• goods liable to deteriorate or expire rapidly (§ 312g(2) no. 2),
• sealed goods that are not suitable for return for reasons of health protection or hygiene, where

the seal has been removed after delivery (§ 312g(2) no. 3),

• goods that, by their nature, have been inseparably mixed with other items after delivery

(§ 312g(2) no. 4).

Whether a ground for exclusion applies depends on the goods actually supplied in the individual case.

3.6. Electronic withdrawal function. The Seller provides consumers with a withdrawal function on the online interface, in accordance with § 356a of the German Civil Code, through which a withdrawal declaration can be submitted. The consumer receives an acknowledgement of receipt on a durable medium without undue delay.

3.7. For subscription contracts, clause 12.9 additionally governs when the withdrawal period begins and what withdrawal affects.

4. Prices and payment

4.1. Prices shown in the online shop are total prices and include statutory value added tax. Delivery costs are not included; they are shown separately and stated in the order summary before the order is submitted.

4.2. For goods sold by weight, the Seller states the unit price per kilogram alongside the total price.

4.3. The payment methods available are shown in the online shop and, at the latest, in the order summary. The Seller may decline to offer particular payment methods for particular orders, delivery countries or customer groups.

4.4. Where payment is processed by a payment service provider, that provider's terms additionally apply to the payment relationship. The Seller indicates during the ordering process which provider handles the selected method.

4.5. The purchase price falls due on conclusion of the contract, unless the selected payment method provides otherwise. Where the Seller issues an invoice with a payment term, the invoice amount is payable in full within fourteen days of receipt of the invoice.

4.6. If the Customer is in default of payment, the Seller may charge default interest at the statutory rate. The right to claim further loss caused by the default is unaffected. The Customer may in every case show that no loss, or a substantially lower loss, has arisen.

4.7. The Customer may exercise a right of retention only where the counterclaim arises from the same contractual relationship. The Customer may set off only against counterclaims that are undisputed or have been finally determined by a court. The consumer's statutory rights, in particular the right of retention on account of a defect in the goods, are unaffected.

4.8. For subscription contracts, clauses 12.6 and 12.7 additionally govern payment and price adjustment. Clause 12.7 governs exhaustively the circumstances in which the Seller may adjust the price of a running subscription.

5. Delivery and shipping

5.1. Goods are dispatched to the delivery address provided by the Customer. The Seller ships from Germany.

5.2. Delivery costs and expected delivery times are as set out in the shipping information published in the online shop, as amended from time to time. The delivery costs for the particular order are stated before the order is submitted. Where no delivery time is agreed, the Seller delivers to consumers no later than thirty days after conclusion of the contract.

5.3. Where the Customer is a consumer, the risk of accidental loss and accidental deterioration passes to the Customer on handover of the goods to them. Where the Customer is a business customer, the risk passes on handover of the goods to the carrier.

5.4. If delivery cannot be made for reasons within the Customer's responsibility, in particular because the address given is incorrect or incomplete or acceptance is refused without cause, the Customer bears the additional costs the Seller incurs. This does not apply where the Customer refuses acceptance as part of a valid withdrawal, or where the Customer is not responsible for the circumstance.

5.5. The Seller acts on reports that a consignment has been lost once the carrier's tracing period has expired. The Customer's statutory rights, in particular in the event of late delivery, are unaffected.

5.6. For deliveries to countries outside the European Union, customs duties, import turnover tax and charges levied by the carrier or the customs authorities may apply in addition. These are borne by the Customer and paid directly to the body levying them, unless stated otherwise during the ordering process. The Seller has no influence over whether they are levied or in what amount.

5.7. For subscription contracts, clause 12.5 additionally governs the delivery rhythm and changes to individual deliveries.

6. Retention of title

6.1. Where the Seller performs first, the goods remain the Seller's property until the purchase price owed has been paid in full.

6.2. Where the Customer is a business customer, the following also applies: the Seller retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. The Customer may resell goods subject to retention of title in the ordinary course of business; the Customer assigns to the Seller here and now the claims arising from such resale up to the invoice amount, and the Seller accepts that assignment.

7. Liability for defects

7.1. Where the goods delivered are defective, the statutory provisions on liability for defects apply. In relation to consumers, the special provisions on consumer sales apply in addition.

7.2. The goods are free from material defects if, on passing of risk, they meet the agreed requirements, the objective requirements and the assembly requirements. In particular the Seller owes the quality that is usual in goods of the same kind and that the Customer can expect.

7.3. Coffee is a natural product. For roasted coffee beans, the usual quality within the meaning of clause 7.2 is the quality the Customer can expect from the product description, the roast profile stated and the origin stated. Variations in the colour, size and appearance of the beans, and differences between harvests and batches within the profile described, are characteristic of the product.

7.4. The Customer is asked to report obvious transport damage to the carrier and to notify the Seller. Failure to do so has no effect whatsoever on the Customer's statutory rights in respect of defects; the notification merely helps the Seller pursue its own claims against the carrier.

7.5. Where the Customer is a business customer, the following applies instead of clauses 7.1 to 7.4:

7.5.1. Only the Seller's statements in the product description and in the order confirmation are agreed as to the quality of the goods. Public statements by third parties do not constitute a quality specification.

7.5.2. The business customer must examine the goods without undue delay after delivery and notify apparent defects without undue delay, and latent defects without undue delay after discovery, in text form (§ 377 German Commercial Code). Failing such notice the goods are deemed approved.

7.5.3. Claims in respect of defects become time-barred one year after delivery of the goods. This does not apply to claims for injury to life, body or health, to claims based on intent or gross negligence, to claims under the Product Liability Act, or where a defect has been fraudulently concealed or a guarantee given.

7.6. The Seller gives a guarantee in the legal sense only where it expressly states it as such in text form. Statements about shelf life, in particular the best-before date, are not a guarantee.

8. Liability

8.1. The Seller's liability is unlimited

• for intent and gross negligence,
• for injury to life, body or health,
• under the Product Liability Act,
• to the extent of any guarantee given by the Seller, and
• where a defect has been fraudulently concealed.

8.2. Where the Seller negligently breaches a duty whose performance is essential to the proper performance of the contract and on whose observance the Customer may regularly rely, the Seller's liability is limited to the foreseeable loss typical of this type of contract.

8.3. The Seller's liability is otherwise excluded.

8.4. The above limitations also apply for the benefit of the Seller's legal representatives, employees and agents.

8.5. Nothing in clauses 8.1 to 8.4 alters the burden of proof to the Customer's disadvantage.

9. Promotional and gift vouchers

9.1. Promotional vouchers are vouchers issued free of charge by the Seller as part of a promotion, valid for a stated period, which cannot be purchased.

9.2. Promotional vouchers may be redeemed only within the period stated and only once per order. Individual goods may be excluded from a promotion where the voucher terms say so.

9.3. The value of a promotional voucher is not paid out in cash and does not bear interest. Any remaining balance lapses on redemption. Where the voucher does not cover the full amount, the Customer may pay the difference using any of the payment methods offered.

9.4. Where the Customer withdraws from a contract in which a promotional voucher was used, the Seller refunds the amount actually paid. There is no entitlement to reissue of the voucher.

9.5. Gift vouchers are vouchers purchased by the Customer. They may be redeemed only in the Seller's online shop and may not be used to purchase further gift vouchers.

9.6. Any remaining balance on a gift voucher stays with the Customer and may be used on a later order. There is no entitlement to payment in cash.

9.7. Gift vouchers are transferable. The Seller may pay with discharging effect to the holder, unless the Seller knows, or is grossly negligent in not knowing, that the holder is not entitled.

10. Consumer dispute resolution

10.1. The Seller is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body.

10.2. The consumer's statutory rights, in particular the right to bring proceedings before the ordinary courts, are unaffected.

10.3. Clause 10 applies only to consumers.

11. Governing law, jurisdiction and final provisions

11.1. All legal relations between the Seller and the Customer are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

11.2. Where the Customer is a consumer, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which the consumer is habitually resident.

11.3. Where the Customer is a merchant, a legal person under public law or a special fund under public law with its seat in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. Where the Customer has its seat outside the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction where the contract or claims under it are attributable to the Customer's trade or profession. In these cases the Seller is nevertheless entitled to bring proceedings at the Customer's seat.

11.4. Clause 11.3 does not apply to consumers. The statutory places of jurisdiction apply.

11.5. The Seller processes the Customer's personal data in accordance with its privacy notice. No consent is required in order to process the order; the legal basis is performance of the contract.

11.6. The contract text is stored as described in clause 2.6. The languages available for conclusion of the contract are those stated in clause 2.8.

11.7. Should any provision of these terms be or become invalid, the remaining provisions remain unaffected. The statutory provisions take the place of the invalid provision.

12. Subscription contracts

12.1. Scope

12.1.1. The seller offers some of its goods on subscription, meaning a contract for the recurring delivery of goods at a delivery interval chosen by the customer when the order is placed. Sections 1 to 11 of these terms apply to such contracts, supplemented by this section 12.

12.1.2. Where this section 12 differs from sections 1 to 11, this section 12 prevails for subscription contracts.

12.1.3. These terms distinguish two kinds of subscription:

• running subscriptions, concluded for an indefinite period and billed and delivered at a

recurring interval (clauses 12.3 to 12.7);

• prepaid fixed-term subscriptions, in particular gift subscriptions, billed once and ending

after a set number of deliveries (clause 12.8).

12.2. Formation of a subscription contract

12.2.1. The customer makes a binding offer to conclude a subscription contract by selecting a delivery interval or a term on the product page and completing the order in accordance with section 2. Section 2 applies accordingly to the seller's acceptance.

12.2.2. Before the order is placed, the customer is shown the price per delivery, the applicable shipping costs, the delivery interval, any minimum term or minimum number of deliveries, and how the subscription may be cancelled.

12.2.3. A subscription contract is one contract covering all deliveries. Each individual delivery performs that contract and does not form a separate contract. No individual delivery therefore gives rise to a fresh right of withdrawal or a fresh withdrawal period.

12.2.4. The seller confirms the subscription to the customer in text form, stating the chosen delivery interval, the price per delivery, the date of the first delivery and how the subscription may be cancelled.

12.3. Term, minimum term and renewal of running subscriptions

12.3.1. Running subscriptions are concluded for an indefinite period. They do not renew automatically for any fixed further term.

12.3.2. A minimum term or a minimum number of deliveries applies only where it is expressly stated in the description of the subscription concerned and shown to the customer before the order is placed. It never exceeds twelve months from conclusion of the contract.

12.3.3. On expiry of any minimum term, or once any minimum number of deliveries has been reached, the contract continues for an indefinite period and may be cancelled by the customer at any time under clause 12.4.

12.3.4. The right of either party to terminate for good cause remains unaffected.

12.4. Cancellation of running subscriptions

12.4.1. The customer may cancel a running subscription at any time, without notice and without giving reasons, subject only to any minimum term agreed under clause 12.3.2.

12.4.2. Cancellation takes effect for every delivery not yet billed when the seller receives it. Where the next delivery has already been billed, that delivery is still made and the subscription ends with it. An amount already billed is not refunded in that case, because the delivery is performed.

12.4.3. The customer may cancel in particular:

• through the subscription management area of the customer account,
• through the cancellation button provided on the seller's website,
• by email to orders@fjord-coffee.com, or
• in writing to LMT Hospitality GmbH, Zur Alten Börse 79, GE: 6, 12681 Berlin, Germany.

No particular form is required. The seller may not require the customer to log in to a customer account or to give reasons in order to cancel.

12.4.4. The seller confirms receipt of the cancellation and the date on which the subscription ends to the customer without undue delay, in text form.

12.4.5. The seller may cancel a running subscription on four weeks' notice with effect from the end of the current delivery cycle, in particular where it discontinues the subscription concerned. The right of either party to terminate for good cause remains unaffected.

12.4.6. Amounts already paid in advance for deliveries no longer made after cancellation takes effect are refunded without undue delay.

12.5. Delivery schedule, rescheduling, pausing and changes

12.5.1. Deliveries are made at the delivery interval chosen by the customer when the order is placed. The intervals available are shown on the product page.

12.5.2. The first delivery is made after the contract is concluded, within the processing time stated in the shipping information published in the online shop. Each further delivery is made on expiry of the chosen interval, counted from the billing of the preceding delivery.

12.5.3. Through the subscription management area of the customer account the customer may in particular change the delivery interval, bring forward, postpone or skip an individual delivery, pause the subscription temporarily, and change the delivery address, the billing address and the payment method.

12.5.4. Changes under clause 12.5.3 take effect for every delivery not yet billed at the time of the change. A delivery already billed is made unchanged and the change takes effect from the following delivery.

12.5.5. The seller may depart from the scheduled delivery date where public holidays, business closures or disruptions in the supply chain require it. Where the delay is more than insignificant, the seller informs the customer in text form.

12.5.6. Shipping costs are those stated in the shipping information published in the online shop in the version in force when the contract is concluded. An increase in shipping costs for a running subscription is a price adjustment and is permitted only on the conditions set out in clause 12.7. A reduction or removal of shipping costs takes effect in the customer's favour without prior notice.

12.6. Prices, billing and recurring payment authorisation

12.6.1. The amount due for a delivery consists of the price per delivery shown when the contract was concluded and the shipping costs payable under clause 12.5.6. Clause 4.1 applies accordingly: prices shown are total prices including statutory VAT.

12.6.2. By placing the order the customer authorises the seller and the payment service provider engaged by the seller to charge the amounts due for each delivery to the payment method chosen by the customer, on a recurring basis. The authorisation lasts until the subscription ends and expires with it.

12.6.3. Billing takes place at the start of each delivery cycle, before the delivery concerned is dispatched. The customer receives a statement for each delivery in text form.

12.6.4. The customer keeps a valid payment method on file for the duration of the subscription and updates the stored payment details when they change or expire.

12.6.5. Where a charge fails for a reason within the customer's responsibility, the seller may retry the charge within a reasonable period and withhold the delivery concerned until payment is received. The seller informs the customer of this in text form. Where a chargeback within the customer's responsibility causes the seller to incur costs, the customer reimburses those costs; the customer may show that no loss, or a substantially lower loss, was incurred.

12.6.6. Where payment is not made after two unsuccessful attempts and a request in text form, the seller may cancel the subscription.

12.7. Price adjustment for running subscriptions

12.7.1. The price per delivery agreed when the contract was concluded applies unchanged in the first instance. The seller may adjust the price for future deliveries of a running subscription only in accordance with clauses 12.7.2 to 12.7.9.

12.7.2. An adjustment is permitted only to the extent that the costs incurred by the seller in providing the subscription have changed. Only the following may be taken into account:

• the purchase price of green coffee,
• packaging and packaging material costs,
• energy costs of the roastery,
• shipping and transport costs,
• staff costs, to the extent attributable to producing and dispatching the subscription goods,
• taxes and statutory levies, including VAT.

No other circumstance permits an adjustment.

12.7.3. The seller takes decreases in the cost items listed in clause 12.7.2 into account on the same basis and to the same extent as increases. An increase in one item may be passed on only to the extent that it is not offset by decreases in other items. Where the items taken together show a net decrease, the seller is obliged to reduce the price on the same basis. An adjustment may not be used to increase the seller's margin.

12.7.4. An upward adjustment may be made at most once in any twelve month period, and no earlier than twelve months after the contract was concluded. No single adjustment may increase the price per delivery by more than 10 per cent of the price last applicable. The third sentence of clause 12.7.3 remains unaffected.

12.7.5. The seller notifies the customer of an intended price adjustment in text form at least eight weeks before the day on which it is to take effect. The notice states:

• the current and the future price per delivery,
• the reason for the adjustment, identifying the cost items under clause 12.7.2 concerned,
• the day from which the adjusted price applies,
• that the customer may cancel up to that day under clause 12.7.7, and
• that the adjusted price applies if the customer does not cancel by that day.

12.7.6. The adjusted price applies for the first time to the delivery billed on or after the day it takes effect. Deliveries already billed are unaffected. Retroactive adjustment is excluded.

12.7.7. The customer may cancel the subscription up to the day the price adjustment takes effect, with effect from that day. Clause 12.4 applies to the cancellation. Cancellation is free of charge for the customer and gives rise to no fee, penalty or other detriment. If the customer does not cancel by that day, the adjusted price applies from that day to all future deliveries.

12.7.8. No price adjustment is made during the term of a prepaid fixed-term subscription under clause 12.8.

12.7.9. Where statutory VAT increases, the seller passes the increase on with effect from the date the change takes effect in law, without the notice period in clause 12.7.5. The seller informs the customer without undue delay in text form and points out the right of cancellation under clause 12.7.7, which in that case runs for four weeks from receipt of the notice. A reduction in statutory VAT is passed on in the same way.