General Terms and Conditions
§ 1 Scope of Application
(1) The following General Terms and Conditions (GTC) apply to all our business relationships with customers whose shipping address is in Spain (hereinafter also referred to as “you”), in the version valid at the time of the order.
(2) Our offers are intended exclusively for consumers as defined in Article 3 of Royal Legislative Decree 1/2007 of November 16, which enacts the revised General Law on the Protection of Consumers and Users and other supplementary laws, who act for private purposes and not for commercial or professional purposes.
(3) Our GTC apply exclusively. Any deviating, conflicting, or supplementary general terms and conditions of the customer shall become part of the contract only if and to the extent that we have expressly agreed to their validity. This requirement for consent applies in all cases, including, for example, when we carry out the delivery to the customer without reservation while being aware of the customer’s general terms and conditions.
(4) These terms and conditions are supplemented by our Privacy Policy and Cookie Policy, which are available on the website.
(5) The customer is a consumer unless the purpose of the order can be attributed predominantly to the customer’s commercial or self-employed professional activity. By contrast, a business is any natural or legal person or partnership with legal capacity that, at the time of concluding the contract, is acting in the course of its commercial or self-employed professional activity.
§ 2 Contracting Parties and Contact Information
The sales contract is concluded with:
Roast Market GmbH
Stephanstr. 1-3
60313 Frankfurt am Main
Germany
Represented by Managing Director Matthias Sickinger
Registered with the Commercial Register of the Frankfurt am Main Local Court, HRB 99207
Email: [email protected]
VAT ID: N0405270J
(hereinafter also referred to as: “Seller”).
§ 3 Conclusion of the Contract, Product Availability, Registration, and Guest Access
(1) The language of the contract is English.
(2) Unless otherwise stated, you may order all products from our online store at https://www.roastmarket.com/es-es. All product listings in our online store are subject to change and do not constitute an offer in the legal sense. Once you have added the items you have selected to your shopping cart and submitted your order to us by clicking the “Buy Now” button, you are making a legally binding offer to enter into a purchase agreement for the items you have selected. Before submitting your order, you may remove or add items from your shopping cart or change the quantity at any time.
(3) Upon receipt of your order, you will receive an automatically generated summary of your order from us. This is a non-binding order confirmation. It serves to inform you that your order has been received and to list the items you have ordered. A legally binding contract between us is not formed until we accept your order. Acceptance occurs either through our order confirmation or the subsequent delivery of the products to you. The contract is formed no later than when the goods are shipped or upon express order confirmation.
(4) To place your order, you have the option of creating a user account on our website. To do so, you must provide your email address and choose a password. You are also free to place your order using a guest account.
(5) If no copies of the item you have selected are available at the time of your order, we will notify you of this immediately in the order confirmation. If the item is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be formed. If the item you specified in your order is only temporarily unavailable, we will also notify you of this immediately in the order confirmation.
§ 4 Personal Information in the Order or in the Online Store
(1) By submitting your order or registering in our online store, you certify that all information you have provided—in particular your name, address, and email address—is true and accurate. If any of this information changes, you must contact us immediately at the following email address: [email protected].
(2) You are solely responsible for ensuring that your information is accurate and up to date.
§ 5 Payment
(1) Depending on the payment method, an identity, address, or credit check may be conducted.
(2) You agree that payment claims arising from the contract may be assigned to payment service providers or other third parties. In such cases, you may make payments that discharge your obligation to the payee specified in each instance.
(3) You may use the payment methods listed in our online store to pay for your order.
(4) Unless otherwise specified by the payment method you have selected, payment of the purchase price is due immediately upon conclusion of the contract.
§ 6 Prices, Taxes, and Shipping Costs
(1) The prices listed on the product pages are total prices. They include the statutory value-added tax and all other price components.
(2) The applicable shipping costs are displayed on the product page when you click “plus shipping,” in the shopping cart, and on the “Shipping Costs” page. You are responsible for the shipping costs unless you are a “PLUS Member” and are not ordering a particularly high-end or heavy coffee maker. If your order total exceeds the specified shipping cost threshold, we’ll ship your order to you for free, even if you’re not a “PLUS Member.” The order total used for this calculation is the amount after discounts, promo codes, and gift cards have been applied.
(3) The goods will be shipped by mail. If you are a consumer, we bear the shipping risk.
§ 7 Redeeming Purchased Gift Certificates
(1) This Section 7 applies solely to gift certificates that you have purchased for a fee. The gift certificate can be redeemed in our online store at https://www.roastmarket.com/es-es by entering the code printed on it, or in our physical store by presenting it at the register. Whether the gift certificate can be redeemed in the online store or in-store depends on where it was purchased. Gift certificates purchased in the online store can only be redeemed in the online store. Conversely, gift certificates purchased in-store can only be redeemed in-store.
(2) The gift certificate can be applied to the entire product selection in the online store. The gift certificate can be combined with a discount code and up to four other gift certificates.
(3) The gift certificate can only be redeemed before completing the order process in the online store or the payment process at the store checkout. It is not possible to redeem the gift certificate after the fact or to apply the credit toward other purchases.
(4) The gift certificate is valid for three years from the date of issue. During this period, the gift certificate may be redeemed in the online store or physical store until the balance on it has been used up. Any remaining balance will not be refunded.
(5) The gift card may also be used for merchandise that exceeds its value. The difference between the higher purchase price and the gift card’s value must be paid using the payment methods available in our online store or in-store.
(6) The value of the gift certificate will not be paid out in cash or refunded in any other way. Interest on the value of the gift certificate is also excluded.
(7) If you exercise your right of withdrawal after placing an order through the online store, the credit balance you used to pay for the ordered merchandise will not be refunded to you after the merchandise has been returned.
(8) You can inquire about the current balance of a gift certificate by sending an email to the following address: [email protected].
(9) The gift certificate is transferable. We may make payment to the respective holder of the gift certificate with discharging effect. This does not apply if we are aware of, or are grossly negligent in failing to recognize, the holder’s lack of entitlement, lack of authority to act on behalf of another, or legal incapacity.
§ 8 Discount Codes and Gift Credits
(1) Our discount codes can be redeemed exclusively in our online store and are valid only for the specified period and for the specified products or categories. They cannot be redeemed for cash.
(2) We offer two types of discount codes:
(a) Fixed-amount discounts: These provide a fixed monetary amount (e.g., 10 €) as a discount on the total order price. Partial redemption with a remaining balance is only possible if this is expressly stated.
(b) Percentage discounts: These provide a discount equal to a specific percentage (e.g., 10%) of the value of the items. The actual discount amount is based on the total value of the eligible items in the shopping cart.
In both cases, these are purely price reductions.
(3) The applicable discount code must be entered in the designated field during the checkout process. It is not possible to apply the discount retroactively to orders that have already been placed. Only one discount code may be used per order, unless otherwise specified.
(4) If a minimum order amount is required to redeem the discount code, that amount must be met at the time of ordering. Discount codes do not apply to the purchase of gift cards and cannot be combined with other promotions, unless expressly permitted.
(5) If you exercise your right of withdrawal, or if the purchase contract is rescinded for other reasons or the order is canceled, the redeemed discount amount is forfeited without replacement; that is, it will neither be refunded nor credited. In the case of a partial return, the discount will be applied proportionally to the retained items, provided that the discount code was applicable to those items at the time of the order.
(a) Example of a fixed-amount discount: For an order of three items at 50 euros each (total value 150 euros) using a 30-euro discount code, the discount is distributed evenly among the items (10 euros each). If one item is returned, the refund will be 40 euros (50 euros minus the 10-euro discount portion).
(b) Example of a percentage discount: For an order of three items at 50 euros each (total value 150 euros) using a discount code for 10%, the total price is reduced to 135 euros. The discount per item is 5 euros. If one item is returned, the refund will be 45 euros (50 euros minus the 10% discount).
Any remaining discount value expires and will not be credited or paid out. A remaining discount value exists if, following a return or cancellation, part of the originally granted discount can no longer be applied to the remaining items—for example, because the order falls below the required minimum order value or the discount was valid for a single use only.
(6) In the event of misuse or technical manipulation, we reserve the right to cancel orders or deactivate the discount code.
§ 9 Delivery and Restrictions
(1) Once the item has been handed over to the shipping provider, you will receive a shipping notification.
(2) Orders placed through the online store at https://www.roastmarket.com/es-es are shipped only to Spain. Exceptions are the Canary Islands, Ceuta, and Melilla, unless delivery to these locations is expressly offered in the store.
(3) If a delivery fails for reasons beyond our control, we will attempt to arrange a new delivery with you. If delivery remains impossible, the goods will be returned, and any payments already made will be refunded within 14 calendar days at the latest.
§ 10 Damage during transport
(1) If the items you ordered are delivered with obvious shipping damage, you must report this damage to the delivery driver immediately. You must also contact us without delay at the following email address: [email protected].
(2) Failure to file a complaint or contact us has no effect whatsoever on your ability to exercise your legal rights, in particular your warranty rights.
§ 11 Retention of Title
The ordered goods remain our property until the purchase price has been paid in full.
§ 12 Conclusion of a Subscription Agreement, Term, and Termination
(1) A subscription agreement may be entered into for certain items in our product range. To do so, first click the “Order as a Subscription” button displayed and then specify
the frequency at which the item in question is to be delivered (interval duration), and
the duration of the subscription (unlimited term, a specific end date, or a specific number of deliveries),
before adding the product to your shopping cart. In all other respects, Section 3 applies accordingly.
(2) The subscription agreement begins upon conclusion of the contract. The term of the subscription agreement depends on the agreed-upon subscription period. If an indefinite subscription term was agreed upon, the subscription agreement is concluded for an indefinite period and ends when a notice of termination under paragraph 3 or 4 takes effect. If, on the other hand, an end date or a specific number of deliveries of the goods was agreed upon, the agreement ends automatically upon the expiration of that date or upon the last delivery.
(3) If the subscription term is indefinite, you may terminate the subscription agreement at any time without notice and without providing a reason by clicking the “Cancel Subscriptions Here” button available on our website and following the instructions on the confirmation page.
(4) We may terminate the subscription agreement at any time by giving reasonable notice. In determining the notice period, we will take your legitimate interests into account and, in particular, will not set a notice period of less than two weeks. Termination without notice on our part is only possible if there is good cause that makes it unreasonable for us to continue the contractual relationship until the end of a notice period—even taking your legitimate interests into account. Good cause exists, in particular, if there is a recognizable abuse on your part. If the good cause consists of a breach of a contractual obligation, we may terminate the contract only after the unsuccessful expiration of a reasonable period set for remedying the breach or after an unsuccessful warning, unless this is unnecessary due to the particular circumstances of the individual case in accordance with the general principles of Spanish contract law.
(5) Deliveries that were prepared for shipment prior to receipt of your notice of cancellation, as well as our right to payment for the current delivery, remain unaffected by the cancellation.
(6) We provide you with the option within your account to request changes to the delivery interval and subscription term after the subscription agreement has been concluded, or to request that the next delivery be skipped or that the subscription be temporarily paused and later reactivated (hereinafter collectively referred to as “adjustment”). However, you have no right to such an adjustment after the contract has been concluded. The effectiveness of the adjustment depends on our consent. Consent may be granted expressly via a confirmation email to that effect or tacitly by implementing the adjustment requested in your account.
§ 13 Warranty
(1) Consumers are entitled to the mandatory statutory warranty rights under Spanish consumer law (Articles 114–127 of Real Decreto Legislativo 1/2007).
(2) To the extent provided by law, we are liable for defects that arise within the statutory time limits.
(3) Your statutory rights remain unaffected.
(4) An additional warranty for the goods we deliver applies only if it was expressly stated in the order confirmation for the respective item.
§ 14 Liability
(1) We bear unlimited liability for damages caused by us, our legal representatives, executives, or ordinary agents through willful misconduct or gross negligence.
(2) In all other cases—unless otherwise provided in paragraph 4—we are liable only for a breach of a contractual obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance you may reasonably rely (a so-called “cardinal obligation”), and such liability is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded—subject to the provision in paragraph 4.
(3) The limitations set forth in paragraphs 1 and 2 also apply in favor of our legal representatives, executive officers, and ordinary agents if claims are asserted directly against them.
(4) The limitations of liability set forth in paragraphs 1 and 2 shall not apply in cases of fraudulent intent, in the event of damages resulting from injury to life, limb, or health, in the event of the assumption of guarantees or other strict liability, or in the case of claims under product liability laws (Articles 135–146 of Real Decreto Legislativo 1/2007) .
§ 15 Storage of the Contract Text and Contract Language
(1) We store the contract text and send it to you via email after the contract is concluded. The contract text consists of your order, these Terms and Conditions, and the order confirmation.
(2) In addition, the contract data will be stored for two years after the contract is concluded and can be accessed via your user account by entering the respective item number.
(3) The language available for concluding the contract is English.
§ 16 Subject to Change
(1) We reserve the right to amend these Terms and Conditions at any time, with effect even within existing contractual relationships, provided that
a) such amendments are necessary for valid reasons—in particular due to a change in the legal situation or rulings by the highest courts, technical changes or developments, gaps in the Terms and Conditions, changes in market conditions, or other equivalent reasons—and do not unreasonably disadvantage the user, and
b) the changes do not alter the essential terms of the contract, in particular the services we are obligated to provide in exchange for payment.
(2) We will notify you of such changes at least two months before they are scheduled to take effect. You may accept or reject the changes before they take effect. If you do not agree to the changes, the previous General Terms and Conditions shall continue to apply unchanged; in this case, the changes shall apply exclusively to future contractual relationships.
(3) If you reject the changes, both parties have the right to terminate the business relationship for cause. We will specifically inform you of this mutual right of termination for cause in the notice of changes.
§ 17 Final Provisions
(1) Contracts between the Seller and the Buyer are governed by the laws of the Kingdom of Spain, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions regarding restrictions on the choice of law and the applicability of mandatory provisions—in particular those of the country in which the Buyer, as a consumer, has his or her habitual residence—remain unaffected.
(2) Sales to business entities are excluded. We assume that you are placing the order in your capacity as a private individual.
(3) Even if individual provisions of this contract are legally invalid, the remaining provisions shall remain binding. The invalid provisions shall be replaced, where applicable, by the relevant statutory provisions.
(4) We are neither obliged nor willing to participate in an alternative dispute resolution procedure for consumer disputes before a body accredited under Law 7/2017 of 2 November, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes.