BARATZA TERMS AND CONIDTIONS OF SALE

Released in September 2024

 

1. Scope of Applicability

These Terms of Use and Sale (“Terms”) apply to your access to, purchase of, and use of the Products and Services of Sage Appliances GmbH (a company registered in Germany under company number HRB 81309  with a trading address at Sage Appliances GmbH , Campus Fichtenhain 48, 47807 Krefeld, Germany hereinafter referred to as “Baratza”, and our Affiliates including but not limited to the brands Beanz, ChefSteps, ControlFreak, FoodThinker, Lelit, Sage Appliances, Sage Commercial and others (collectively “Baratza ,” “we,” “us,” or “our”). 

 

Contact us here.

 

2. Conclusion of Contract 

Orders can be placed exclusively online at the Baratza shop website at https://www.baratza.com/en-nl.  All orders are subject to availability and to acceptance by us, and we may correct any product description at any time.

 

Prior to the order dispatch, the purchaser can view and modify the data at any time and remove products from the shopping cart. By clicking the button “Complete Order”, the purchaser’s order constitutes an acceptance to our offer. Once the purchaser places an order, we will send an email confirming receipt of the order that lists the order details (order confirmation). This order confirmation constitutes conclusion of contract and informs the purchaser of the fact that we have received the order.

 

You can cancel your order at any time before we provide instructions to our warehouse to ship the product to you, which is after the confirmation that is sent to you and prior to confirmation that the order has been shipped. A purchase contract is not established for products from the same order that are not listed in the dispatch confirmation. Baratza is the contractual partner. Baratza does not offer products for purchase by individuals under 18 years.

 

3. Right of Withdrawal Consumers have the right of withdrawal when the consumer is a natural person who carries out a legal transaction for purposes which are predominantly not attributable to their commercial or independent professional activity, unless the law provides for an exception.

 

For goods purchased online from our Baratza online shop, see here: Baratza Right of Withdrawal .

 

Exceptions to the right of withdrawal for Beanz Online shop

On our Beanz online shop we only sell freshly roasted beans. The right of withdrawal can be excluded for these "customised foods".

 

There is no right of withdrawal when the contract concerns the supply of goods that are not prefabricated and for whose production an individual choice or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs. In any case, we want satisfied customers, and if you are not satisfied with your product, you can contact our customer service at any time and we will help you find an alternative product.

 

4. Prices, Shipping Costs and & Availability The prices listed on the product pages include statutory value-added tax and other price components. All prices are shown in Euro.

 

For the products purchased in Baratza online shop in addition to the prices listed on the product pages, there is flat fee shipping charge of 10 € for any orders under 30 €. Free Shipping for any products over or are 30 €. 

 

For the products purchased in the Beanz online webshop the shipping is for free. We do not charge any extra costs for payments.


All Products and Services offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue sales of Products and Services without prior notice. Prices for Products and Services are subject to change at any time, but such changes will not affect any order for Products or Services you have already placed. Some of the Products are shown in the Services for promotional purposes only and may not be available for purchase.

 

5. Delivery Our goods are delivered within The Netherlands. The delivery time is up to 3-7 working days. Any different delivery times are noted on the respective product page.

 

Please note that currently the following places are excluded from our delivery:

Non-Deliverable Locations

UK

Scottish Highlands

Jersy (JE)

Scottish Isles

Isle of Man (IM)

Guernsey (GG)

France

French Overseas Territories (Including):

Guadeloupe

Mayotte

Miquelon

French Guiana

Saint Barthélemy

Wallis

Martinique

Saint Martin

Futuna

La Réunion

Saint Pierre

French Polynesia

New Caledonia

the French Southern and Antarctic Territories

Netherlands

Netherlands Overseas Territories (Including):

Aruba

Curaçao

Sint Maarten

Italy

Vatican City

Livigno

Spain

Gran Canaria (35)

Ceuta (51)

Melilla (52)

Tenerife (38)

Canary Islands (IC)

the Balearic Islands

Portugal

Madeira

Andorra (AD)

Whole Area

Gibraltar (GI)

Whole Area

San Marino (SM)

Whole Area

 

If you wish to receive products in an excluded territory of a country for which we do have a Baratza shop Website, please contact our customer care team. The team will then create an order for you based on the product selected, and send you a quote excluding the delivery cost. It is your obligation to arrange the collection and delivery of your order from our warehouse at your own expense.

 

In the event that Baratza through no fault of its own is unable to deliver the ordered goods because our supplier does not fulfill its contractual obligations, we are authorized to withdraw vis-à-vis the purchaser.

 

5. Due Date and Payment; Default All payments are due immediately. Payments can alternatively be made via Payment provider or Credit Card. Your credit card account / payment provider account will be debited on completion of your order.

 

6. Offsetting and Retention The purchaser may not off-set any amount against any payment due to Baratza, unless the purchaser’s counterclaims are legally ascertained or undisputed by Baratza. The purchaser is furthermore authorized to exercise a retention right only insofar as the purchaser’s counterclaims are based on the same contractual relationship.

 

7. Reservation of Title The goods continue to remain the property of Baratza until full payment has been received. Pledging, transferring, processing, or redesign is not possible without our consent prior to transfer of ownership.

 

8. Returns and Refunds For returns and refunds for products purchased in our Baratza online webshop please refer to our Right of withdrawal  above and for further information on warranty related claims and Baratza Guarantee procedure, please refer to Baratza Guarantee.

 

For returns and refunds for products purchased in our Beanz online webshop please refer to our Beanz Return Policy. Please choose the applicable website return process.

 

All goods from the UK online webshops are subject to statutory warranty rights. Unless otherwise specified below, further claims of the purchaser – for any legal grounds whatsoever – are excluded.  Baratza therefore is not liable for damages caused on the delivery object itself; Baratza is in particular not liable for lost profits or other financial losses of the purchaser. Insofar as a contractual liability of Baratza is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents. The above liability limitation does not apply insofar as the cause of damage is based on intent or gross negligence (where the concept of "gross negligence" exists under applicable law) or personal injury has been caused or to any other liability that cannot be excluded at law. It furthermore does not apply if the purchaser asserts legally regulated claims.  https://www.sageappliances.com/ie/en/support/guarantee.html

 

In so far as Baratza breaches an essential contractual obligation ("cardinal obligation") any applicable statutory obligation to indemnify material damages is limited to the typically incurred damages. This includes obligations, the breach of which puts the achievement of the contractual purpose at risk, the fulfilment of which makes the proper execution of the contract possible and on which you usually rely.

 

If we have agreed to provide supplemental performance by way of replacement delivery, the purchaser is obligated to return the goods that were first shipped back to Baratza, within 30 days and at Baratza cost. Defective goods must be returned pursuant to the statutory provisions. Baratza reserves the right to assert compensation for damages subject to the statutory requirements.

 

Warranties as well as the provisions of this clause remain unaffected by any additional commercial guarantee we may provide for our products.

 

9. Governing Law and Dispute Resolution

 

The present Terms of Sales (and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and your purchase of Products from Baratza shall be governed by and construed in accordance with the laws of Germany, with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The Court of Duesseldorf, Germany, is the agreed forum if the purchaser is not a consumer.

 

Any dispute or claim arising out of or in connection with Terms of Sales or your purchase of Products from Baratza (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts. In accordance with EU Directive 524/2013, the European Commission has set up an out-of-court dispute resolution platform for consumers, available at http://ec.europa.eu/consumers/odr/.

 

We are neither willing nor obliged to participate in a dispute resolution process with any consumer commission.

 

You can also contact our Service Department directly via our website portal at www.baratza.com/en-nl/support/company-information.