Effective Date: 01.01.2025

General Terms & Conditions of Sale Policy

(Terms of Sale)

Note: This Terms of Sale Policy (General Terms & Conditions of Sale) is part of set of Policies of the Seller and contains major definitions and terms as described herein and used across of other Policies of the Seller if not described differently by them.

1. Introduction

These Terms of Sale Policy (the "Terms") govern the sale of coffee products (the "Products") via e-platform as defined herein by BATSAM TRADING S.à r.l. (the "Seller"), “Company”, “we”, “our”, or “us” a company duly incorporated and registered in Grand-Duché de Luxembourg under company number B 203323, with its registered office located at 8, rue de la Grève, L-1643 Luxembourg, Grand-Duché de Luxembourg. By accessing our e-commerce platform (the "Site"), you (the “Customer”) agree to comply with these Terms.

Definitions:

Agreement — Selling-Purchasing — a contract between the buyer and the seller concluded during the time of sale.

Customer — you, physical adult person acquiring goods from the seller, or minor (14 to 18 years old) who has the permission of parents or guardians (except when he disposes of his/her own income), or legal person or the person’s authorized representative.

E-platform — Seller’s website / store which enables to identify Buyer, his/her reservations, contact information, billing and shipping information, and other procedures to purchase Products.

Order — a list of Products, purchased by the Buyer at e-platform.

Order process — Order activity of the Buyer to purchase Products at e-platform.

Products — coffee products such as coffee beans (single or mixed nature), capsules containing coffee product or powder, instant coffee products (soluble in the water, containing or not containing other soluble ingredients such as milk, sugar, food additives). For the purpose of Term of Sale and related governing documents, Products are considered to be food and perishable nature, and particularly when they are unsealed or unpacked or misused as Products’ aroma, appearance, taste and other properties can be compromised after opening

Terms of Sale — the rules establishing relationships, rights, duties and responsibilities between the Buyer and the Seller.

2. Acceptance of Terms

2.1 Binding Agreement

By placing an order in e-platform for our Products, you (the "Customer") acknowledge that you have read, understood, and agree to be bound by these Terms and conclude Agreement to purchase and receive Products from Seller. This Agreement terms is binding upon acceptance of the Terms during Order process and governs the relationship between you and the Seller in regard to the sale of Products.

2.2 Modifications

The Seller reserves the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. It is the Customer's responsibility to review the Terms regularly for updates. Continued use of the Site or placement of an order following changes constitutes acceptance of the revised Terms.

2.3 Limitations

If any provision of these Terms is deemed unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

3. Product Information

3.1 Accuracy of Information

The Seller strives to ensure that all product descriptions, images, and specifications are accurate, current, and comprehensive. However, minor discrepancies may occur due to various factors, including lighting conditions, display settings, and packaging updates. The Seller makes no warranties, express or implied, regarding the accuracy of the information provided on the Site.

3.2 Perishable Nature

Due to the perishable nature of the Products, the Seller cannot guarantee that the Product received will match the representation on the website. Factors such as origin, harvest season, coffee machine type, preparation process, volatile evaporation, oxidation, moisture absorption may affect the final Products its being natural and beyond Seller's control. Roast definition, grind size, organoleptic properties as aroma, taste, visual appearance may have a deviation as relevant and subjective. Above cannot be reasons for quality complains. Customers are encouraged to review Product on e-platform or contact the Seller for any inquiries regarding specific Products prior to purchase.

3.3 Product Availability

All Products are subject to availability. The Seller reserves the right to discontinue or modify the range of Products offered at any time without prior notice. In cases where a Product is unavailable, the Seller will notify the Customer via email and may suggest alternative Products or provide an estimated restock date.

4. Orders and Acceptance

4.1 Order Placement

An order submitted by the Customer on e-platform constitutes an offer to purchase the Products specified therein. Customers must provide accurate and complete information when placing an order, including billing and shipping addresses. The Seller is not responsible for delays or issues arising from incorrect information provided by the Customer.

4.2 Order confirmation

The Seller reserves the right to accept or decline any order at its discretion and without any liability, even after order confirmation has been sent. A binding contract between the Seller and the Customer is established only upon the Seller’s issuance of a confirmation email from e-platform acknowledging acceptance of the order, which will include the order details, payment confirmation, and estimated delivery timeline.

4.3 Pre-Order and Backorder Items

The Seller may offer Products for pre-order or backorder. In such cases, the Customer will be informed of the estimated delivery times at the time of ordering. The Seller will make reasonable efforts to fulfill pre-orders or backorders, but delivery times may vary. Customers will not be charged until the order is shipped.

4.4 Cancellation of Orders

The Seller reserves the right to cancel any order prior to shipment, with a full refund issued to the Customer. If an order is canceled after payment has been processed, the Seller will initiate a refund within the stipulated time frame. Customers may also request to cancel their order before shipping by contacting customer support directly.

4.5 Title and Risk of Products transfer

Title to the Products purchased from the e-platform does not pass from Seller to Customer until we have received payment in full for the ordered Products. All risk in the Products passes to you upon delivery to your address indicated in the order.

4.6 Other Orders and Acceptance items

See respective Terms of Use Policy.

5. Right of Withdrawal

5.1 Legal Rights

See respective Shipping and Return Policy.

5.2 Exclusions

See respective Shipping and Return Policy.

5.3 Exercising the Right of Withdrawal

To exercise the right of withdrawal, Customers must notify the Seller of their intention through a clear statement by sending request via contact RMA form through e-platform prior to the expiration of the withdrawal period. The notice should include the Customer’s order number, a description of the Product(s), and a statement expressing the desire to withdraw from the contract. See respective Shipping and Return Policy.

5.4 Consequences of Withdrawal

Upon valid withdrawal, the Seller will issue a refund for the purchase price (excluding any delivery charges) within 14 days of receipt of the returned Products. The refund will be processed using the same payment method utilized for the original transaction. The Seller reserves the right to delay the refund until the Products are returned and evaluated by Seller’s customer service team or the Customer provides proof of return shipment.

6. Returns and Refunds

6.4 Exchange Policy

Currently, the Seller does not offer exchanges for Products. Customers wishing to obtain a different Product must initiate a return and place a new order. In the case of receiving a defective Product, Customers should contact Seller’s customer service for resolution options as described herein above.

7. Limited Liability

7.1 General Limitation of Liability

Our liability is limited to the value of the product purchased. The Seller’s liability for damages shall be limited to those arising from gross negligence, misinterpretation or willful misconduct, in accordance with applicable law. The Seller shall not be liable for any indirect, incidental, or consequential damages arising from the use, including but not limited to loss or leakage of data including personal data, loss of business opportunities, or any loss arising from the use or inability to use our products, dietary consequences during consumption or limitations arising from such consumptions, or inability to use the Products, including but not limited to loss of profits, business interruption, or personal injury. See other relevant Policies for details.

7.2 Perishable goods

As our products are perishable, we cannot guarantee the shelf life of coffee once it has been opened or improperly handled by the customer. Therefore, any issues related to the quality of the product post-opening or due to improper handling or delayed use will not be eligible for refunds, replacements, or claims of defect. For perishable goods, including Products, the Seller’s liability is restricted to the purchase price of the Products, except in cases of death or personal injury resulting from negligence. Customers are advised to consume the Products by the expiration date indicated on the packaging to ensure quality and consumer Products responsibly in time and quantity to insure safety.

7.3 Disclaimer of Warranties

The Seller disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Seller does not warrant that the Products will meet the Customer's requirements or expectations.

7.4 Proper Storage Responsibility

Customers are responsible for adhering to the proper storage instructions provided to maintain the quality and freshness of the coffee. Any deterioration or damage to the product due to improper storage (such as exposure to excessive heat, moisture, or incorrect packaging) will not qualify for a refund, replacement, or compensation.

7.5 Use of Products

Our coffee products are intended for personal consumption only. We are not liable for any damages or health-related issues arising from inappropriate or unauthorized use of our products (e.g., using coffee for purposes other than consumption or consuming it past its expiration date).

7.6 Shipping Delays or Damage

While we take all reasonable steps to ensure the safe and timely delivery of your order, we cannot be held liable for delays or damage caused during shipping due to third-party carriers. Any claims related to shipping damage must be made directly with the shipping carrier, and we will assist in this process where possible.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Grand-Duché de Luxembourg. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Luxembourg. The Customer agrees to submit to the personal jurisdiction of such courts for the resolution of any disputes.

You agree that any disputes will be resolved on an individual basis and not in a class, consolidated, or representative action. Nonetheless, all disagreements arising from the enforcement of these Rules are to be resolved by negotiation. In case of failing agreement, disagreement is resolved through alternative out-of-court dispute resolution practice.

9. Privacy and Data Protection

9.1 Commitment to Privacy

We collect, use, and safeguard your personal data only as necessary to provide our services and fulfill your orders. See respective Privacy Policy.

9.2 Data Collection and Use

The Seller collects and processes personal data to facilitate order processing, customer service, and marketing purposes. This includes, but is not limited to, name, address, email, phone number, and payment information. The Seller may also collect non-personal data for analytics purposes. See respective Privacy Policy.

9.3 Customer Rights

Customers have the right to access, rectify, or delete their personal data held by the Seller, in accordance with applicable data protection laws. Customers may request copies of their personal data or request its deletion by contacting customer service. See respective Privacy Policy.

10. Force Majeure

The Seller shall not be liable for any failure to perform its obligations under these Terms if such failure results from any event beyond the Seller’s reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, governmental actions, circumstances in similarity to pandemic such as COVID-19 or similar, significant disruption of digital infrastructure including data centers and telecommunication media, or natural disasters.

10.1 Notification of Force Majeure Events

In the event of a force majeure occurrence, the Seller will make reasonable efforts to notify the Customer of the delay or inability to fulfill orders as soon as practicable. The notification will include details of the nature of the event, its anticipated duration, and the steps being taken to mitigate the impact on order fulfillment.

10.2 Duration of Force Majeure

If the force majeure event persists for a period exceeding 30 days, the Seller reserves the right to cancel the affected orders without penalty. In such cases, the Seller will provide the Customer with a full refund for any payments made for the canceled orders. The Seller will also offer the Customer the option to choose alternative Products that may be available for immediate delivery.

11. Applicable Directives

The Seller operates in compliance with relevant EU regulations and directives, including but not limited to:

11.1 EU Regulation on Food safety

This regulation outlines the procedures for official controls of food safety and quality. The Seller complies with the relevant provisions of this regulation, ensuring that all coffee products are sourced, handled, and sold in accordance with food safety standards and regulations applicable within the EU as respective regulation addressing food safety and hygiene standards to ensure compliance with EU law in the sale of Products. Our Products comply with strict EU food safety regulations, and we ensure that all necessary measures are in place to maintain the integrity and safety of our products throughout the supply chain. We conduct regular quality checks to maintain compliance, ensuring our products are safe for consumption and meet all health regulations.

11.2 EU Regulation Food Contact Materials

Our packaging materials are compliant with EU regulations on food contact materials, ensuring that no harmful substances transfer from packaging to our coffee products during storage or transportation.

11.3 EU Directive on ADR

This directive promotes alternative dispute resolution (ADR) processes to resolve consumer disputes amicably. We encourage our customers to utilize ADR options in case of disputes related to their purchases, ensuring they can seek resolution without resorting to lengthy legal proceedings.

11.4 EC Regulation on Consumer protection though

Establishing the general principles and requirements of food law, this regulation aims to protect consumer health and ensure the proper functioning of the food market. We adhere to these principles by ensuring traceability of our products, maintaining records of our suppliers and their compliance with safety standards.

11.5 Consumer Protection Measures

The Seller is dedicated to implementing consumer protection measures that align with the above directives. This includes providing clear and accessible information about the Products, transparent pricing structures, and effective customer service to address any inquiries or issues that may arise.

11.6 Dispute Resolution Mechanism

All disagreements arising from the enforcement of these Rules are to be resolved by negotiation. In case of failing agreement, disagreement is resolved through alternative out-of-court dispute resolution practice. In compliance with EU regulations, the Seller provides a mechanism for the resolution of disputes between the Seller and the Customer. This includes the possibility of using Alternative Dispute Resolution (ADR) methods, which offer a fair and efficient way to resolve disagreements without resorting to court proceedings. The EU Commission provides a platform for out-of-court dispute resolution. This gives Customer the opportunity to resolve disputes in connection with their online order though Site without the involvement of a court. The Company always strives to settle any disagreements from our contract by mutual agreement. In addition, the Company have decided not to participate in an arbitration procedure or court and not obliged to do it in future.

11.7 Ongoing Compliance and Monitoring

The Seller regularly reviews and updates its practices to ensure ongoing compliance with EU laws and directives. This includes staff training on consumer rights and product safety standards, as well as monitoring changes in legislation to adapt business practices accordingly.

See other Policies for different respective applicable regulations and directives.

By aligning our practices with these directives and regulations, we aim to foster trust and transparency with our customers, ensuring their rights are upheld and providing high-quality products that meet all legal standards.

We continuously monitor changes in legislation to ensure compliance with these and other relevant EU regulations. Our commitment to legal and regulatory compliance allows us to provide a safe, reliable, and trustworthy shopping experience for our customers.

12. Amendments

The Seller reserves the right to amend these Terms at any time. Any such amendments will be posted on our website and will apply to orders placed after the date of the amendment. It is the Customer's responsibility to regularly review these Terms for updates or changes.

12.1 Notification of Changes

The Seller may notify Customers of significant amendments via email or announcements on the Site, but Customers should check for updates regularly.

12.2 Acceptance of Changes

By using the Site or placing an order after amendments are posted, Customers accept the revised Terms. If Customers do not agree with the changes, they should stop using the Site and refrain from placing further orders.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The invalid or unenforceable provision will be deemed modified to reflect the original intent of the parties as closely as possible.

13.1 Partial Invalidity

If a specific provision is determined to be partially invalid or unenforceable, the valid portion shall remain in effect, and the invalid portion will be severed, allowing the remaining provisions to operate independently.

13.2 Reassessment of Terms

In the event of any severance, the Seller may reassess the Terms to ensure that the remaining provisions uphold the overall intent and purpose of the agreement, promoting fairness and transparency for both parties.

14. Contact Information

For any questions or concerns regarding these Terms or the Products, please contact us through e-platform or by written correspondence at:

BATSAM TRADING S.à r.l.
8, rue de la Grève,
L-1643 Luxembourg,
Grand-Duché de Luxembourg
Email: info@batsam.lu

We appreciate your business and look forward to serving you!