Deliveries are made exclusively on the basis of these General Terms and Conditions (GTC). These are accepted by placing an order, or at the latest by the customer taking note of the order confirmation. Deviating terms and conditions of the contracting party are not binding for MEK’IDIM e.U., unless they are expressly accepted by me in writing.

1. Preamble

MEK’IDIM e.U. (hereinafter referred to as MEK•IDIM), Schwarzenbergplatz 2, 1010 Vienna, sells coffee specialties, coffee accessories, and coffee equipment in its online shop on the website www.mekidim.com.

2. Scope of Application

2.1. These GTC apply to all legal transactions between MEK•IDIM and the users of the website. By using the internet service, in particular by clicking the consent button, the user accepts these GTC.

2.2. Conflicting GTCs only apply if MEK•IDIM expressly and in writing submits to them.

2.3. MEK•IDIM reserves the right to change these GTC at any time without stating reasons. By using the internet service, consent to the changed GTC is deemed to have been given.

2.4. Until further notice, goods will only be supplied in household quantities.

3. Conclusion of Contract

3.1. The use of the website or the online shop is only permitted to legally competent, adult natural persons. Use is at one's own responsibility. The user guarantees to have disclosed their true identity and only correct data. MEK•IDIM reserves the right not to accept orders that contain incomplete and/or incorrect data. The contracting party must immediately inform MEK•IDIM in writing of changes to their name or address. If no change notification is made, documents are deemed to have been received by the contracting party if they were sent to the address last provided by the contracting party. Change requests regarding invoices cannot delay their due date.

3.2. The presentation of products in the online shop, as well as information about products in the online shop and all sales materials, as well as on the rest of the website, are not binding for MEK•IDIM. In particular, there may be (minor, reasonable) deviations between product images and the delivered product, e.g., a change in appearance and/or equipment as a result of a change in the assortment. The presentation of the products also does not constitute a binding offer.

3.3. After selecting a product category (specialty coffee, coffee accessories, etc.) or the respective subcategories on the homepage, the products assigned to the selected category are displayed. On this page, there is also the "Add to Cart" button. Before this button, there is a field showing the product price. After the price in Euro, the order quantity, which is set to "1" by default, is displayed. With the "Add to Cart" button, the product (in the desired quantity) is added to the shopping cart. The "Shopping Cart" is visible at the top right of the website. By clicking on this field, the content of the "Shopping Cart" is displayed, and it is possible at any time to change or remove products in the shopping cart. After entering changes, changes are made automatically, and the shopping cart is changed or, by means of "empty cart," all products are removed from the shopping cart. Only after entering all data (name, address, contact details, billing address, shipping address, shipping option, payment method and payment details, and acknowledging the GTC) can the "Buy now" button be clicked. The GTC are available at any time. The conclusion of the order process by activating the "Buy now" button in the online shop constitutes a binding offer by the consumer to conclude a purchase contract with MEK•IDIM. After the order, MEK•IDIM sends the consumer a confirmation email, which reproduces the details of the order (order confirmation). This written order confirmation alone is decisive for the content and scope of the order. However, the confirmation does not constitute acceptance of the consumer's offer. The acceptance of the order and thus the purchase contract only come into being with the dispatch of the goods and the dispatch of a second email (shipping confirmation). This shipping confirmation corresponds to the contract confirmation according to § 4 paragraph 2 FAGG (securing the contract text). By accepting these GTC and sending their payment-obligated order, the consumer agrees to the provision of the shipping confirmation via email.

3.4. If MEK•IDIM cannot execute the ordered goods due to unavailability or if MEK•IDIM does not accept the order, MEK•IDIM will inform the consumer immediately and promptly refund any payments already made.

3.5. Changes and additions to the contract are only effective if MEK•IDIM gives its express written consent thereto.

3.6. The written form requirement is also met by sending a fax message, an email, or a simple electronic signature.

4. Right of Withdrawal and Revocation Policy

4.1. Consumers generally have the statutory rights of withdrawal. It is sufficient if the declaration is sent within this period.

4.2. The declaration of withdrawal and returns are to be addressed to:

MEK'IDIM e.U. 

Schwarzenbergplatz 2

1010 Vienna 

Austria 

E-Mail: info@mekidim.com

4.3. The withdrawal period begins on the day the goods are taken into possession by you as a consumer or a third party designated by you, who is not the carrier of the goods. In the case of partial deliveries or separate deliveries of a single order, the day the last goods were taken into possession is decisive.

4.4. In the event of an effective withdrawal, the services received by both parties must be returned step by step. The return of the goods by you as a consumer must take place no later than 30 calendar days from the submission of the declaration of withdrawal, and the refund of payments made by the consumer (including delivery costs of the delivery offered by MEK•IDIM) must be made using the same means of payment no later than 30 calendar days from the receipt of the declaration of withdrawal.

However, MEK•IDIM is entitled to refuse repayment until the returned goods have been received or the consumer has provided proof of return. It is sufficient if the goods are sent within this period.

4.5. The consumer may owe MEK•IDIM a reasonable fee for the use, including any associated reduction in the common value of the service, or compensation for loss of value due to handling not necessary to examine the nature, characteristics, and functioning of the goods.

4.6. The return of the goods must be in their original packaging. The consumer bears the costs for returning the goods.

4.7. Special exceptions to the right of withdrawal (relevant for coffee and cups): The right of withdrawal does not apply to the order of goods that:

A. can spoil quickly or whose expiration date would quickly be exceeded (e.g., opened coffee beans, provided the seal was removed after delivery).

B. are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery (e.g., opened coffee beans).

C. are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer (custom-made products); this may apply to handmade, personalized coffee accessories.

5. Prices, Payment Terms, Offsetting, Retention of Title

5.1. All prices stated on the website are subject to change, non-binding, and can be changed at any time. This particularly applies to price adjustments due to price fluctuations on the green coffee market. The stated prices are net prices (VAT-exempt according to § 6 Abs. 1 Z 27 UStG) in Euro ex warehouse MEK•IDIM, excluding packaging, shipping, and any other taxes and customs duties. Packaging and shipping costs, as well as any other taxes and customs duties, are to be borne by the consumer. Shipping costs vary depending on the respective recipient country. The applicable shipping costs are to be borne by the consumer; they can be viewed in the "Checkout" area of the order process. Shipping fees are calculated per delivery and are independent of partial deliveries and the number of items ordered.

5.2. The invoice amount is due upon receipt of the invoice sent with the goods. The consumer can pay the purchase price by credit card (Mastercard, Visacard, AMEX) and must use the payment method specified in the order. MEK•IDIM reserves the right to check the consumer's creditworthiness during the order process and, if necessary, to exclude individual payment methods.

5.3. In case of default of payment, MEK•IDIM is entitled (subject to the assertion of higher, specifically provable damages) to charge the consumer all costs necessary for appropriate legal prosecution, as well as default interest. For entrepreneurs, § 456 UGB applies. In any case, the default interest amounts to at least 9.2% p.a. from the due date.

5.4. Furthermore, MEK•IDIM is entitled to exclude the consumer from ordering further goods in case of non-payment and a single reminder.

5.5. Objections to the invoiced claim must be raised by the user within 30 calendar days from the invoice date, otherwise the claim is deemed accepted. MEK•IDIM will inform the user of this deadline and the legal consequences of non-compliance.

5.6. The user is not entitled to offset open claims against MEK•IDIM, unless MEK•IDIM becomes insolvent or the counterclaim is legally recognized or legally established.

5.7. Ownership of the contractual service remains with MEK•IDIM until full payment of the purchase price and all claims arising from the business relationship or any other legal reason, including costs, by the user. The user is obliged to take all precautions to secure and protect MEK•IDIM's property, i.e., pledging, security transfer, or other exploitation is prohibited.

6. Delivery and Shipping

6.1. The place of performance for deliveries from MEK•IDIM is the registered office of MEK•IDIM.

6.2. Partial deliveries are permissible.

6.3. In cases of force majeure, the contractual obligations of both parties are suspended. Force majeure also includes labor disputes in own or third-party businesses, transport delays, machine breakdowns, product-related failures for which MEK•IDIM is responsible, sovereign measures, and other circumstances for which neither party is responsible.

6.4. MEK•IDIM will deliver the ordered products to the delivery address provided by the consumer. MEK•IDIM chooses the means and route of transport. The consumer is obliged to accept the delivered products, even if they show any defects.

6.5. Delivery dates stated by MEK•IDIM are always non-binding, unless they have been expressly agreed upon in writing as binding. Compensation for delayed delivery is excluded in any case, unless there is intent or gross negligence on the part of MEK•IDIM. In consumer transactions, the performance period is a maximum of 30 days after the conclusion of the contract. If MEK•IDIM is unable to deliver the ordered goods through no fault of its own (e.g., because a supplier has not fulfilled its contractual obligations), MEK•IDIM is entitled to withdraw from the contract vis-à-vis the consumer.

6.6. With the handover to the means of transport, the risk passes to the user. The user has the option of taking out transport insurance, the costs of which are to be borne by them. In consumer transactions, the risk only passes to the consumer when the goods are delivered to the consumer or to a third party designated by them who is not the carrier; unless the consumer has concluded the transport contract themselves.

6.7. If delivery to the consumer is not possible for a reason for which they are responsible (e.g., because they were not met at the delivery address), they bear the costs for the unsuccessful delivery.

6.8. If MEK•IDIM is responsible for a delay in delivery, the consumer can demand performance or withdraw from the contract after setting a reasonable grace period (at least 3 weeks from the delivery of the setting of the deadline).

6.9. In case of damage to the goods during transport, the consumer must immediately report the damage to the transport company and assert the claim there. MEK•IDIM is not liable for culpable conduct of third parties, unless the user is a consumer.

7. Warranty

7.1. The user is aware that in the case of goods shipped by MEK•IDIM from artisanal production (e.g., coffee accessories) as well as natural products (coffee beans), color deviations, pattern deviations, or minor deviations in shape, glaze, or surface may occur. These do not therefore justify warranty claims.

7.2. In consumer transactions, the statutory provisions of § 9 KSchG apply; consequently, the consumer's warranty rights cannot be excluded or restricted before knowledge of the defect; the statutory warranty provisions apply.

7.3. The burden of proof that the defect was present at the time of delivery of the goods lies with the user (even within the first 6 months after delivery). The reversal of the burden of proof according to § 924 sentence 2 ABGB is therefore excluded. This does not apply to consumer transactions.

7.4. Insofar as a defect for which MEK•IDIM is responsible existed at the time of delivery of the contractual item, MEK•IDIM will remedy it at its discretion by repair or replacement. Conversion is excluded.

7.5. The warranty period is two years from delivery.

7.6. Warranty claims of the user beyond this regulation are excluded. Furthermore, claims for compensation for damages that did not arise on the contractual item itself are excluded. This does not apply insofar as liability is mandatory in cases of intent, gross negligence, or the absence of warranted characteristics.

7.7. In any case, no warranty is assumed for unsuitable or improper use, handling, or application.

7.8. No warranty is given that the website will always be online. MEK•IDIM is entitled to temporarily shut down the online shop for maintenance reasons.

7.9. In consumer transactions, the statutory provisions of § 9 KSchG apply. Furthermore, warranty claims of the user are excluded, in particular claims for compensation for damages that did not arise on the contractual item itself. This does not apply insofar as liability is mandatory in cases of intent, gross negligence, or the absence of warranted characteristics.

7.10. If there is a defect recognized by MEK•IDIM and a subsequent delivery has occurred, the user is obliged to return the goods delivered first within 30 days at MEK•IDIM's expense. MEK•IDIM reserves the right to claim damages under the legally regulated conditions.

8. Intangible and Property Rights

The services, content, and structure of the website offered by MEK•IDIM are protected by copyright. All displayed signs, in particular the logo and the company name of MEK•IDIM, are protected by trademark law.

9. Applicable Law

For all legal relationships between the parties, the law of the Republic of Austria applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10. Information on Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/. MEK•IDIM is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.

11. Reminders, Payment Default, Flat-Rate Costs

All invoices are due for payment within two weeks of receipt of the invoice. After this payment period, the buyer is in legal default and is obliged to pay damages. Outstanding claims shall bear interest from the due date at the statutory default interest rate: In transactions with entrepreneurs (B2B), the rate is 9.2 percentage points above the base rate (§ 456 UGB), while in transactions with consumers (B2C), the rate is 4 % per annum (§ 1000 ABGB). The assertion of higher, proven interest damages remains unaffected. For the assertion of outstanding claims, the buyer must pay a flat-rate cost compensation of €5.00 for the first reminder and €25.00 for the second reminder, in addition to statutory damages. Further claims for damages remain unaffected.

12. Place of Jurisdiction

If the customer acts as a merchant, legal entity under public law, or special fund under public law with its registered office in the Federal Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of MEK•IDIM. If the customer is registered outside the Federal Republic of Austria, the registered office of MEK•IDIM 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. However, MEK•IDIM is in any case entitled to appeal to the court at the customer's registered office in the aforementioned cases.