Effective Date: 01.01.2025

Terms of Use Policy

Note: This Terms of Use Policy is a part of set of Policies of the Seller. Definitions and terms used in this Policy correspond to major definitions and terms as described in “General Terms and Conditions of Sale Policy (General Terms & Conditions of Sale)” unless explained differently herein below.

1. Introduction

Welcome to www.batsam.lu (the “Platform”). These Terms of Use (the “Terms”) govern your access to and use of our Platform, as well as the purchase of products from BATSAM TRADING S.à r.l. (the "Seller", “Company”, “we”, “our”, or “us” “Company”) a company incorporated and registered in the Grand-Duché de Luxembourg, with company number B 203323. Our registered office is located at 8; rue de la Grève, L-1643 Luxembourg, and Grand-Duché de Luxembourg. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Platform. These Terms apply to all visitors, users, and others who access or use the Platform.

2. Policy Owner

These Terms of Use are maintained by Seller. For all communications regarding these Terms, please contact our customer service team through www.batsam.lu. We encourage you to read these Terms carefully and consult legal advice if needed.

3. Acceptance of Terms

3.1 Legal Capacity

By using the Platform, you affirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

3.2 Authority to Bind

If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not have such authority, you must not use the Platform.

3.3 Acceptance of Modifications

Your continued use of the Platform constitutes your acceptance of these Terms, as well as any future modifications.

3.4 Responsibility to Review

It is your responsibility to regularly review the Terms for any changes or updates. If you do not agree to any part of these Terms, you must discontinue any use immediately.

3.5 Entire Agreement

You acknowledge that these Terms, along with our Privacy Policy and any other notices or policies posted on the Platform, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede any prior agreements or understandings, whether written or oral.

3.6 User Conduct

You agree not to use the Platform in a manner that could interfere with its functioning or disrupt other users' access to and enjoyment of the Platform.

3.7 Consequences of Unauthorized Use

Any unauthorized use of the Platform may result in termination of your access and could lead to legal action.

4. Product Information

We offer a selection of high-quality coffee products through our Platform. All product descriptions, images, and prices are provided for your convenience and are subject to change without notice. We make every effort to ensure that product information is accurate; however, errors may occur. If you notice any discrepancies, please contact our customer service team. Due to the perishable nature of our goods, we advise customers to carefully review product descriptions, ingredients, and specifications prior to making a purchase. Customers are responsible for checking any dietary restrictions or allergies before ordering.

We offer a selection of high-quality coffee products through our Platform.
All product descriptions, images, and prices are provided for your convenience and are subject to change without notice.
We make every effort to ensure that product information is accurate; however, errors may occur.
If you notice any discrepancies in product information, please contact our customer service team for clarification.
Due to the perishable nature of our goods, we advise customers to carefully review product descriptions, ingredients, and specifications prior to making a purchase.
Customers are responsible for checking any dietary restrictions or allergies before ordering.
It is essential to read labels and product information provided on the Platform to make informed purchasing decisions.

5. Ordering and Payment

5.1 Order Acceptance

All orders placed through our Platform are subject to acceptance by the Company. This means that your order is not considered accepted until you receive a confirmation email from us. The Company reserves the right to limit quantities and may discontinue items without notice.

5.2 Accuracy of Information

By placing an order, you confirm that all information provided, including your name, address, payment information, and any other relevant details, is accurate, complete, and up to date. You agree to update this information as necessary to ensure its accuracy, particularly before placing subsequent orders.

5.3 Payment Methods

Payment for orders may be made through various methods specified on the Platform, including credit/debit cards, PayPal, and other online payment options. We utilize secure payment processing methods to protect your financial information. Please note that certain payment methods may not be available in all regions.

5.4 Transaction Currency

All transactions will be conducted in Euro. The total amount charged will include applicable taxes and shipping fees. If you are making a purchase from outside the Euro zone, your bank may charge conversion fees or additional charges based on their policies.

5.5 Right to Refuse Orders

The Company reserves the right to refuse any order for reasons including, but not limited to:

Product availability: If a product is out of stock or discontinued, we may not fulfill your order.
Inaccuracies in product information: If there are errors in the product description or specifications, we may cancel your order.
Pricing errors: If a product is listed at an incorrect price due to a typographical error, we reserve the right to cancel the order at our discretion.
Suspected fraudulent activity: Orders that raise suspicion of fraud may be flagged and not processed.

5.6 Notification of Cancellation

In cases where an order is refused or cancelled, we will notify you of the cancellation via email or through the contact information provided at the time of the order. If your payment has been processed, we will initiate a refund using the original payment method. Please allow a few business days for the refund to reflect in your account, depending on your bank's processing times.

6. Copyright and Intellectual Property Rights

6.1 Ownership

All content, trademarks, and other intellectual property on our platform, including but not limited to respective source-code, idea, architecture of e-platform development, or its elements (beyond excluding Open Source and representation of proprietary brands and products of) configuration, integration and architecture set up, design and re-design works, patents, rights to inventions, copyright and related rights, all other rights in the nature of copyright, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world are owned by or licensed to Company. This also includes, but is not limited to, text, graphics, logos, icons, images, audio clips, video clips, and relevant software.

6.2 Usage Restrictions

Unauthorized use of any content is strictly prohibited and may result in legal action. Users may not reproduce, distribute, or create derivative works without express permission from the Company.

7. Customer Conduct

Customers are expected to engage respectfully with our Platform and comply with all applicable laws and regulations. You agree not to:

Use the Platform for any unlawful purpose, including but not limited to fraud or unauthorized advertising.
Transmit any material that is defamatory, obscene, abusive, or otherwise objectionable.
Engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform.
Attempt to gain unauthorized access to any part of the Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform.
Violate any applicable laws or regulations in connection with your use of the Platform.

8. Right of Withdrawal

In accordance with Directive 2011/83/EU, you have the right to withdraw from the purchase contract within 14 days without providing any reason. The withdrawal period commences on the day you, or a third party designated by you (other than the carrier), takes physical possession of the goods. To exercise your right of withdrawal, you must inform us of your decision by a clear statement (e.g., a letter sent by post or email). You may use the model withdrawal form provided on our Platform, but it is not mandatory. If you choose to withdraw, you will be required to return the product to us at your expense. See respective Shipping and Return Policy.

9. Return and Refund Policy

See respective Shipping and Return Policy.

10. Limited 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.

The Company’s liability for any claims, losses, or damages arising out of or in connection with the use of the e-platform or the purchase of products shall be limited to the maximum extent permitted by law, particularly concerning perishable goods.

10.1 Accuracy of Information

While we strive to provide accurate and up-to-date information about our products, we do not warrant that such information is error-free.

10.2 Platform Accessibility

We do not guarantee that the Platform will always be accessible or available at any given time.

10.3 Types of Damages

This limitation of liability applies to any damages or injury, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

10.4 Exclusion of Indirect Losses

We shall not be liable for any loss of profits, sales, business, or revenue, or any indirect or consequential loss arising from your use of the Platform or products purchased.

11. Customer Conduct

Customers are expected to engage respectfully with our Platform and comply with all applicable laws and regulations. You agree not to:

Use the Platform for any unlawful purpose, including but not limited to fraud, unauthorized advertising, or violating the rights of others.
Transmit any material that is defamatory, obscene, abusive, or otherwise objectionable.
Engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform.
Attempt to gain unauthorized access to any part of the Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform.
Use any automated means, including bots, spiders, or scrapers, to access the Platform for any purpose without our express written consent.

12. Intellectual Property Rights

All content, trademarks, and other intellectual property on our Platform are owned by or licensed to Company. Unauthorized use of any content is strictly prohibited and may result in legal action. This includes, but is not limited to, text, graphics, logos, icons, images, audio clips, video clips, and software. You may not reproduce, distribute, modify, or create derivative works from any content on our Platform without prior written permission from the Company.

13. Indemnity

13.1 Obligation to Indemnify

You agree to indemnify, defend, and hold harmless Company, including its officers, directors, employees, and agents.

13.2 Scope of Indemnity

This indemnity applies to any claims, losses, liabilities, damages, costs, or expenses arising from:

Your use of the platform under Terms and any relevant Policy.
Your violation of these Terms.
Your infringement of any rights of another party.

13.3 Legal Fees

This indemnity includes coverage for reasonable attorneys’ fees and other legal costs incurred in defending against such claims.

13.4 Survival of Indemnity Obligation

Your indemnity obligation will survive the termination of these Terms, meaning you remain liable for any claims arising during your use of the Platform even after you stop using it.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Luxembourg, without regard to its conflict of law principles. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1988 is excluded.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the competent courts of Luxembourg. 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.

15. Amendments

The Company reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for any updates to stay informed about our practices.

16. Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy for more details, including information about your rights regarding your personal data and how you can exercise those rights.

17. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties agree to attempt to resolve the dispute amicably. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to the competent courts of Luxembourg. Both parties agree to cooperate and provide necessary information to facilitate the resolution of the dispute.

18. Contact Information

If you have any questions or concerns about this Terms of Use 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!