Terms of service

1 INTRODUCTION


The following sets out the General Terms and Conditions of Sale: All orders placed by individuals, referred to as “you” or “Customer”, with DDKgroup Ltd (AG), referred to as “Desta's Coffee” or “we”, “us” or “our” and having its registered office at Europastrasse 4, 8152 Glattbrugg, Switzerland, in a store or by distance selling (telephone, internet), which are part of the offers for private consumers, as well as its consumables and accessories for this series (the “Products”).
Before using the Desta's Coffee website and related web pages (the “Website”) and/or placing an order, please read carefully all the terms and conditions contained in these Terms and Conditions together with the Privacy Policy and the Website Terms of Use. This also applies to any additional terms and conditions that may appear on the Website from time to time, such as promotions or campaigns.
Any order placed with Desta's Coffee or any of its affiliates is subject to these Terms and Conditions. Unless otherwise specified in these Terms and Conditions, they apply to the exclusion of all other terms and conditions.
Our Terms and Conditions may be amended from time to time by posting a new dated version on this website. You may wish to review our Terms and Conditions periodically to be informed of these changes. You will be subject to the Terms and Conditions in force at the time you place an order with us, unless required to be amended by law or governmental authority (in which case they will apply to orders previously placed by you). You may exercise your right of withdrawal if you do not agree with the changes that apply to your order.
Any order placed via this website can only be delivered to Switzerland and the Principality of Liechtenstein. We regret that we are unable to deliver to any other location.

2. ORDERS

2.1 Registration
As a prerequisite to placing an order, you must provide mandatory registration information such as your name or e-mail address, which must be accurate and current.
Please notify Desta's Coffee of any changes to your address or other information by promptly updating your personal information on this website so that we can maintain accurate records and process your request and orders.

2.2 Password and confidentiality
After completing the registration process on the Website, you will receive a unique username and password for your user account (the “Login Information”). We ask you, and it is your responsibility, to maintain the confidentiality and security of your Login Information. A successful login using your Login Information, whether performed by you or someone else, is considered a personal act.
If you know or have reason to believe that your login credentials have been stolen or misused, or in the event of any other security problem, you should notify Desta's Coffee immediately by calling Desta's Coffee support at +41 41 250 00 06.
If Desta's Coffee knows or has reason to believe that your login credentials are actually being used by another person, Desta's Coffee will immediately block the use of such account (including the processing of any transaction from such account).

2.3 Ordering process
You can place your orders as follows:
- via the Internet: www.destascoffee.ch
- by telephone +41 41 250 00 06


An order for products via the website is placed by clicking on the “Add to basket” button and completing the payment process.
Orders placed with Desta's Coffee are subject to minimum and maximum quantity restrictions. Please note the units of measure indicated in each case. You can mix our coffee varieties when making your selection.
Desta's Coffee offers its products on this website within the limits of its available inventory.
After placing an order for products on the website, you will be taken to an order confirmation page where you can review your order, select your delivery method and check the total price.
After accepting the Terms and Conditions, you will be prompted to enter payment information to process your order.
Please do not include your debit or credit card details in letters or faxes. You will be called back to finalize the order and make payment in a secure manner.

2.4 Recurring orders
With “recurring orders” you can automatically reorder and pay for your Desta's Coffee and selected accessories based on a selected frequency.
The General Terms and Conditions automatically apply to every order placed through a recurring order. In the event of a conflict between the Terms and Conditions and the Recurring Order Terms and Conditions, the Recurring Order Terms and Conditions will govern.
One (1) day before your recurring order is shipped by us, we will send you a written notice informing you of the shipment date, details of your product basket and the total price of your recurring order and alerting you if any product is out of stock.
You have the right to cancel your recurring order, cancel one or more recurring orders or change the product basket, frequency or any customer details at any time free of charge.
In the event that you cancel your recurring order subscription before or during shipment, you are entitled to refuse delivery of the products and, in the event that you have received the products, to return the order in accordance with these Terms and Conditions. If any of your products included in your recurring order are out of stock at the time of the “Your order will ship soon” notification, we will notify you in that notification and ship your other items in the recurring order at your requested frequency, unless the order is canceled by you.
Your recurring order subscription will not automatically include other promotional offers announced on or around the time of your recurring order. To take advantage of such a promotion, it is recommended that you place a separate order and change your next shipping date for your recurring order subscription.

2.5 Order confirmation
Once you have submitted and confirmed your order, Desta's Coffee will confirm receipt of the order(s) by listing the details of the product(s) ordered. After confirming receipt of your order(s), Desta's Coffee will check whether the relevant products are in stock. A contract for the sale of products between you and Desta's Coffee will only be formed when Desta's Coffee confirms that all or some of the products are still available and has sent confirmation that the contract has been concluded.
The contract for the sale of products only applies to those products that we have confirmed have been shipped. To the extent permitted by law, Desta's Coffee may refuse, cancel or revoke an order at any time for reasonable cause. For example, we may refuse an order if all or part of a product is unavailable after the order has been submitted. In this case, you will be notified of the delivery of the partial order or of the cancellation of your order. If you have already paid for some or all of the products, we will refund you the full amount in respect of the relevant products and any delivery costs as soon as possible. Desta's Coffee may also refuse an order in the event of an ongoing dispute over payment of previous orders, or in the event of differing orders and orders that Desta's Coffee suspects were not placed in good faith.

2.6 Prices
The prices payable for the items you order will be the prices on this Website on the date you place your order, including any applicable sales tax.
Delivery charges, where applicable, will be charged at the rates shown on the Website once you have placed your order, calculated according to the size of the order and the delivery method you have chosen. You will be informed of the shipping costs applicable to your order during the payment process and before placing your order.
Desta's Coffee reserves the right to change the prices of its products in the future. Price changes do not apply to orders for products that have been confirmed by Desta's Coffee.

2.7 Payment
Your card details are encrypted during all transmissions for security reasons. Depending on the payment institution or payment service provider, payment by credit card may require authorization or may be completed in several steps. If Desta's COffee does not receive authorization, Desta's Coffee reserves the right to cancel your order.
In the event that your credit card cannot be charged, Desta's Coffee will place your order on hold and notify you that payment could not be processed. Orders will not be shipped until payment is received or payment is authorized or processed. Desta's Coffee reserves the right to refuse any new order until any past due balance is paid in full. Invoices will be sent upon delivery of products and are payable in full within thirty (30) days. Recurring orders will be invoiced on the day of shipment. If payment is not made within thirty (30) days of the due date, Desta's Coffee will initiate a dunning procedure. In this case, Desta's Coffee reserves the right to charge reminder fees and default interest in addition to the invoice. The invoice amount as well as the default interest and reminder fees can be transferred to an external debt collection company for debt collection. You are also obliged to pay the dunning costs of this company in addition to the outstanding amounts to Desta's Coffee.

5. LIABILITY

The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes only. Desta's Coffee shall not be liable for any errors or omissions in the photographs or text displayed on this website.
Without limiting the scope of these terms and conditions and to the extent permitted by applicable law, no claim of any kind, whether for products delivered or not delivered, or otherwise, may be made for damages in excess of the amount of the purchase price. In no event shall Desta's Coffee be liable for any indirect, incidental or consequential damages of any kind (even if Desta's Coffee knew or should have known of the occurrence of such damages) that may arise in connection with its products, their use, sale or this website.We expressly exclude all liability for any loss or damage you may suffer as a result of a breach of these terms and conditions. We only supply products for personal and private use and you agree not to use the products for any commercial, business or resale purposes. We shall not be liable for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these Terms and Conditions excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective products; or (iv) any matter in respect of which it would be unlawful for us to exclude or attempt to exclude our liability.

 

6. FORCE MAJEURE

Desta's Coffee will use all reasonable endeavors to perform its obligations. However, Desta's Coffee shall not be held responsible or liable for any delay or failure to perform caused by circumstances beyond its reasonable control (“Force Majeure”). Such circumstances include, without limitation, strikes and labor disputes by third parties, civil strife, riots, wars, natural disasters or any other circumstances that make the production, transportation or delivery of products impracticable or impossible.
In the event of a delay caused by force majeure, Desta's Coffee's obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Desta's Coffee will fulfill its obligations as soon as practicable and reserves the right to allocate the remaining product inventory fairly and reasonably among customers.

 

7. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions and the purchase of Desta's Coffee products shall be governed by Swiss law, without regard to its conflict of law provisions.
All disputes or claims arising out of or in connection with the General Terms and Conditions or the purchase of Desta's Coffee products (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of Switzerland.

 

SUPPLEMENTARY TERMS AND CONDITIONS - Desta's Coffee KAFFEE ABO

These Terms and Conditions apply to your contract with DDKgroup Ltd (AG) for the Desta's Coffee coffee subscription (“Coffee Subscription”). By taking out a Coffee Subscription, you agree to be bound by these Terms and Conditions. These Supplementary Terms and Conditions apply in addition to the General Terms and Conditions of Sale. In the event of any conflict or inconsistency between these Supplementary Terms and Conditions and the General Terms and Conditions of Sale, the terms of this document shall prevail with respect to the Coffee Subscription.

These terms and conditions may be amended at any time by publishing a new version on this website. We ask you to read these terms and conditions at regular intervals to keep yourself informed of such changes.

In order to take out a coffee subscription, you must register as a customer with Desta's Coffee and create a Desta's Coffee customer account.

 

You will receive a confirmation email from Desta's Coffee once you have taken out a coffee subscription.

What are the advantages of a coffee subscription?

With a subscription you receive additional benefits and save yourself the ordering process. The amount will be automatically deducted from your payment method as long as you have an active subscription.

Desta's Coffee reserves the right to change or cancel the coffee subscription benefit at any time and for any reason. All coffee subscribers will be notified by Desta's Coffee in such a case.

 

Cancellation period

You have the right to change your mind and cancel your Coffee Subscription without giving any reason within 14 days of you (or a person nominated by you) taking out a Coffee Subscription (the “Cancellation Period”).

- To exercise this right, you must notify us clearly of your decision during the Cancellation Period. Please contact our customer service on +41 41 250 00 06.
- If you cancel the contract during the withdrawal period, all payments made will be refunded. You will not receive a refund for any coffee purchased with your credit during this period.
- Refunds will be made using the payment method you used. You will not be charged any fees for refunds.

Changing/terminating your coffee subscription

If you wish, you can change or cancel your coffee subscription in the My Account/My Subscriptions section at www.destascoffee.ch or by contacting our customer service on +41 41 250 00 06.

If you cancel your subscription, any remaining credit is still available to you. It only expires two years after receipt of the termination. The remaining Desta's Coffee credit is not refundable or transferable.

 

Security check

To ensure that your credit card is not used in an unauthorized manner, we reserve the right to verify the name, address and other personal information you have provided during the ordering process using appropriate third party databases. We are also entitled to carry out credit checks. By accepting these supplementary terms and conditions, you consent to such checks being carried out. As part of these checks, the personal data you provide may be passed to a registered credit reference agency, which may keep a record of this information.

 

Failed payments

If the due (subscription) fee is not paid, Desta's Coffee's automated system will attempt to debit the account again on three consecutive days until payment is successful. Any outstanding amounts will be carried over and the amount for the current and previous month will be deducted from the next payment. After several failed payments, DDKgroup Ltd. will block access to your Desta's Coffee account until the amount in question has been paid. Your subscription will be terminated.

Who can take out a subscription?

Customers must be at least 18 years old and reside in Switzerland or Liechtenstein. Only one coffee subscription can be taken out per Desta's Coffee customer.