Terms and Conditions
General Terms and Conditions (GTC)
1. Scope of Application
1.1 These General Terms and Conditions apply to all contracts concluded between Kuscha Coffee GmbH, Moltkestraße 114, 40479 Düsseldorf, Germany, represented by its Managing Director Masoud Fudazi (hereinafter “Kuscha Coffee” or “we”) and consumers or entrepreneurs via the online shop at kuschacoffee.de.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 Any conflicting terms or conditions of the customer that deviate from these GTC will not be recognized unless Kuscha Coffee expressly agrees to their validity.
2. Contracting Party
The purchase contract is concluded with:
Kuscha Coffee GmbH
Moltkestraße 114
40479 Düsseldorf
Germany
E-mail: info@kuschacoffee.de
Managing Director: Masoud Fudazi
Commercial Register: Local Court (Amtsgericht) Düsseldorf, HRB [HRB-NUMBER]
VAT ID No.: DE453664490
3. Offer and Conclusion of Contract
3.1 The presentation of products in the online shop does not constitute a legally binding offer to conclude a purchase contract. It serves for presentation purposes and enables the customer to submit a binding offer.
3.2 The customer can initially place the desired products in the shopping cart without obligation. Before submitting the order, the customer can review and, if necessary, correct their entries.
3.3 By clicking the button “Buy”, “Place order with obligation to pay” or an appropriately clearly labeled button, the customer submits a binding offer to purchase the goods contained in the shopping cart.
3.4 Upon receipt of the order, the customer will receive an automatic e-mail confirming receipt of the order. This confirmation of receipt does not constitute an acceptance of the offer, unless an acceptance of the order is explicitly declared therein.
3.5 The purchase contract is concluded as soon as Kuscha Coffee accepts the order via a separate order confirmation or ships the goods to the customer.
3.6 Should a ordered product not be available, Kuscha Coffee will inform the customer immediately. Payments already made will be refunded immediately in this case.
4. Prices and Shipping Costs
4.1 The prices stated on the product pages are total prices and include the statutory German value-added tax (VAT).
4.2 In addition to the stated product price, shipping costs may apply. The applicable shipping costs will be displayed to the customer in the online shop and at the latest before placing the binding order.
4.3 For deliveries to countries outside the European Union, additional costs may arise, in particular customs duties, import levies, or other taxes. These costs shall be borne by the customer, where applicable.
5. Terms of Payment
5.1 The payment methods indicated in the online shop are available to the customer.
5.2 The respective invoice amount is to be settled according to the payment method selected during the ordering process.
5.3 If a payment method is selected where payment occurs immediately upon completion of the order, the invoice amount becomes due upon conclusion of the contract.
5.4 Kuscha Coffee reserves the right not to offer certain payment methods for specific orders or to refer to other payment methods.
6. Delivery and Shipping
6.1 Delivery shall be made to the delivery address specified by the customer during the ordering process.
6.2 The applicable delivery time is stated on the respective product page or during the ordering process.
6.3 If several products with different delivery times have been ordered, Kuscha Coffee may deliver the order in multiple shipments, provided this is reasonable for the customer. This will not incur additional shipping costs for the customer, unless otherwise expressly agreed.
6.4 Should a delivery be temporarily impossible due to force majeure or other circumstances for which Kuscha Coffee is not responsible, the delivery time shall be extended by the duration of the impediment.
6.5 The customer's statutory rights in the event of delivery delays remain unaffected.
7. Retention of Title
The goods shall remain the property of Kuscha Coffee until the purchase price has been paid in full.
8. Right of Withdrawal for Consumers
Consumers are generally entitled to a statutory right of withdrawal.
Details regarding the conditions, the deadline, the exercise, and the consequences of withdrawal can be found in the separate cancellation policy on our website.
The withdrawal period is generally 14 days. For goods, the period generally begins on the day on which the consumer or a third party named by them, who is not the carrier, has received the goods, provided the legal requirements are met.
For certain goods, there are statutory exceptions to the right of withdrawal. These are explained in more detail in the cancellation policy.
9. Special Provisions for Coffee and Other Foodstuffs
9.1 Coffee and other foodstuffs are goods for which statutory exceptions to the right of withdrawal may apply depending on their nature and packaging.
9.2 Insofar as a product is not suitable for return due to its nature, or if a statutory exception to the right of withdrawal exists pursuant to Section 312g (2) of the German Civil Code (BGB), there is no right of withdrawal.
9.3 In particular, the right of withdrawal may be excluded for goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
9.4 The statutory rights of the consumer in the event of defective or faulty goods remain unaffected by this.
10. Withdrawal via the Online Withdrawal Function
10.1 As far as legally required, Kuscha Coffee provides an easily accessible electronic function on the website for declaring a withdrawal.
10.2 The consumer can declare their withdrawal electronically using this function.
10.3 After successful submission of the withdrawal, the consumer will receive electronic confirmation of the receipt of the withdrawal.
10.4 The statutory right of withdrawal can continue to be exercised in any other legally permissible form, in particular by e-mail or by post.
11. Warranty and Rights in Case of Defects
11.1 The statutory provisions on liability for defects apply.
11.2 If the delivered goods are defective, the customer may, in accordance with the statutory provisions, demand subsequent performance, a reduction of the purchase price, or withdrawal from the contract.
11.3 For entrepreneurs, the statutory duties of inspection and notification of defects according to Section 377 of the German Commercial Code (HGB) apply.
11.4 Statutory rights in case of defects are not limited by any additionally existing warranty.
12. Transport Damage
12.1 The customer is requested to check the delivery for obvious damage upon receipt.
12.2 Obvious transport damage can be reported to the carrier and Kuscha Coffee as promptly as possible.
12.3 Failure to make such a report has no impact on the statutory warranty rights for consumers.
13. Liability
13.1 Kuscha Coffee is liable without limitation for damages based on an intentional or grossly negligent breach of duty.
13.2 In the event of a slightly negligent breach of essential contractual obligations, Kuscha Coffee is only liable for foreseeable, contract-typical damage.
13.3 The above limitations of liability do not apply to damages resulting from injury to life, body, or health, or in cases of mandatory statutory liability.
14. Redemption of Vouchers
14.1 Insofar as Kuscha Coffee offers vouchers, these can only be redeemed under the conditions specified in each case.
14.2 Vouchers can generally only be used for goods and services in the online shop, unless otherwise stated on the voucher.
14.3 A cash payment of the voucher value is not possible, as far as legally permissible.
15. Set-off and Right of Retention
15.1 The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by Kuscha Coffee.
15.2 The customer can only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
15.3 Statutory restrictions apply to consumers.
16. Dispute Resolution
Kuscha Coffee is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
The former EU online dispute resolution platform (ODR platform) is no longer listed as a reference in these GTC.
17. Data Protection
Information on the processing of personal data can be found in our Privacy Policy.
18. Applicable Law
18.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).
18.2 With respect to consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the country in which the consumer has their habitual residence.
19. Place of Jurisdiction
19.1 For consumers, the statutory regulations on the place of jurisdiction apply.
19.2 For merchants, legal entities under public law, or special funds under public law, the registered office of Kuscha Coffee is agreed as the place of jurisdiction, insofar as legally permissible.
20. Severability Clause
Should any provision of these GTC be or become invalid in whole or in part, the remaining provisions shall remain unaffected.
In place of the invalid provision, the statutory provisions shall apply.
Status: September 2026