Terms and Conditions

AGB Braussie Coffee GmbH (deutsch/german)

Braussie Coffee GmbH

§ 1 Scope of Application

1.1 These General Terms and Conditions (“GTC”) apply to all offers, sales, deliveries and other services provided by Braussie Coffee GmbH, Maiglöckchenweg 4, 34346 Hann. Münden, Germany (“Braussie Coffee”), in particular to the sale and delivery of green coffee.

1.2 These GTC apply exclusively to business customers within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers within the meaning of Section 13 BGB are not concluded.

1.3 These GTC shall apply exclusively. Any conflicting, deviating or supplementary terms and conditions of the Buyer shall not apply unless Braussie Coffee expressly agrees to their application. This shall also apply where Braussie Coffee performs a delivery or other service without reservation while being aware of the Buyer’s terms and conditions.

1.4 Individual agreements between Braussie Coffee and the Buyer shall take precedence over these GTC. These GTC, in the version applicable at the time of the respective conclusion of the contract, shall also apply to future business relationships between Braussie Coffee and the Buyer, provided they have been validly incorporated into the respective contractual relationship.

§ 2 Offers and Conclusion of Contract

2.1 Product presentations, Coffee Reports, price information, availability information, samples, specimens and other information provided on the website, in sales materials or in other communications by Braussie Coffee are for information purposes only and do not constitute a binding offer to enter into a purchase contract unless expressly designated as a binding offer.

2.2 An order placed by the Buyer constitutes a binding offer to enter into a purchase contract. Braussie Coffee may accept this offer by issuing an order confirmation in text form, in particular by email, or by dispatching or handing over the goods.

2.3 Where Braussie Coffee submits an offer expressly designated as binding, the contract shall be concluded upon timely acceptance of that offer by the Buyer. If the offer specifies a validity or acceptance period, the offer may only be accepted within that period.

2.4 The type, origin, lot, quantity, quality, price, delivery or collection conditions and other contractual terms shall be determined by the information set out in the binding offer, order confirmation or other individual agreement between Braussie Coffee and the Buyer.

2.5 The provision or dispatch of coffee samples, as well as the acceptance of a sample request, does not create any entitlement to availability, reservation or subsequent delivery of the relevant coffee. A reservation of specific lots or quantities shall only be effective if expressly confirmed by Braussie Coffee in text form.

2.6 Any amendments or additions to an order proposed by the Buyer shall constitute a new offer and shall require acceptance by Braussie Coffee.

§ 3 Products, Quality and Characteristics of the Coffee

3.1 The coffees supplied by Braussie Coffee are agricultural natural products. Their characteristics may vary within the customary range for green coffee as a result of natural influences as well as harvesting, processing, storage and ageing.

3.2 The contractually agreed characteristics of the coffee shall primarily be determined by the specifications expressly set out in the respective binding offer, order confirmation or other individual agreement. These may include, in particular, origin, crop year, producer or farm, lot designation, variety, processing method, screen size, moisture content, quantity and expressly agreed quality parameters.

3.3 Information regarding SCA or other cupping scores, cup profiles, tasting notes, aroma, sweetness, acidity, body or finish is based on the sensory evaluation of the respective sample at the time of assessment.

Sensory perception and evaluation may differ depending, in particular, on the evaluation method used, roasting, water quality, preparation, storage period and the persons conducting the assessment.

Accordingly, such information does not constitute a guarantee of a specific sensory result for the Buyer unless a particular score, sensory characteristic or other property has expressly been agreed as a contractually required characteristic.

3.4 Samples or coffee samples provided by Braussie Coffee generally serve to enable an assessment of the relevant coffee. A sample shall only constitute a binding reference or sale sample for the characteristics of the goods subsequently delivered if this has been expressly agreed between Braussie Coffee and the Buyer.

3.5 Even where a reference or sale sample has been agreed, minor natural and commercially customary deviations in green coffee shall remain permissible, provided they do not materially impair the expressly agreed quality or suitability for the contractually intended purpose.

3.6 Information contained in Coffee Reports, product descriptions, analytical documentation, on the website or in other sales materials shall supplement the contractually agreed characteristics only to the extent that the respective offer, order confirmation or individual agreement expressly refers to such information as a binding specification.

3.7 A guarantee in the legal sense shall only be assumed where Braussie Coffee expressly describes a characteristic as a “guarantee” or as “guaranteed”. The mere indication of quality characteristics, analytical values, scores, descriptions or forecasts does not constitute a guarantee.

§ 4 Prices and Payment Terms

4.1 The prices set out in the respective binding offer, order confirmation or other individual agreement shall apply. Unless expressly stated otherwise, all prices are net prices exclusive of any applicable statutory VAT.

4.2 Unless expressly agreed otherwise, prices exclude costs for transport, delivery, additional warehousing services, special packaging, insurance and other additional services requested by the Buyer. Such costs shall be charged separately where incurred.

4.3 Invoices shall be due for payment without deduction within the payment period stated on the invoice, offer or order confirmation. If no payment period has been agreed, the invoice amount shall be due immediately upon receipt of the invoice.

4.4 Braussie Coffee shall be entitled, in particular in the case of new customers, first orders, larger order quantities or where otherwise justified by legitimate commercial considerations, to require full or partial advance payment.

Where advance payment has been agreed, Braussie Coffee shall not be obliged to release the goods for collection, delivery or onward transportation before receipt in full of the agreed advance payment.

4.5 Payments shall only be deemed made once finally credited to the account specified by Braussie Coffee.

4.6 The Buyer shall bear any fees charged by its payment service provider or bank. Braussie Coffee shall bear any fees charged by its own bank unless expressly agreed otherwise.

4.7 The Buyer shall be deemed in default in accordance with the applicable statutory provisions. During the period of default, Braussie Coffee shall be entitled to statutory default interest, the statutory default payment charge and compensation for any further proven loss caused by the delay.

4.8 In the event of payment default, a material deterioration in the Buyer’s financial circumstances or justified doubts concerning its ability to pay, Braussie Coffee shall be entitled, without prejudice to any further statutory rights, to make outstanding deliveries conditional upon the provision of reasonable security or advance payment.

4.9 The Buyer shall only be entitled to set-off or exercise rights of retention where its counterclaims are undisputed, have been finally adjudicated or are ready for judicial determination. This restriction shall not apply to counterclaims arising from the same contractual relationship.

§ 5 Delivery, Collection and Transfer of Risk

5.1 The place of delivery, method of provision and any transport or collection conditions shall be determined by the respective binding offer, order confirmation or other individual agreement. Unless otherwise agreed, the goods shall be made available at the warehouse location specified by Braussie Coffee.

5.2 Where goods are made available for collection, Braussie Coffee shall notify the Buyer that the goods are ready for collection. The Buyer shall collect the goods within the agreed collection period. If no specific collection period has been agreed, collection shall take place within a reasonable period following notification that the goods are ready.

5.3 Where the goods are collected by the Buyer or by a freight forwarder, carrier or other transport service provider commissioned by the Buyer, the risk of accidental loss or accidental deterioration shall pass to the Buyer upon handover of the goods to the Buyer or to the transport party commissioned by the Buyer.

5.4 Where, at the Buyer’s request, the goods are dispatched to another location, the risk of accidental loss or accidental deterioration shall, unless expressly agreed otherwise, pass to the Buyer upon handover of the goods to the freight forwarder, carrier or other service provider appointed to perform the transport.

This shall also apply where Braussie Coffee, at the Buyer’s request, organises or commissions the transport.

5.5 Where Braussie Coffee merely organises transport on behalf of the Buyer, this shall not, unless expressly agreed otherwise, constitute an obligation on the part of Braussie Coffee to perform the transport itself or to bear the transport risk until the goods reach the destination.

5.6 Transport, freight, delivery, insurance and other logistics costs shall be borne by the Buyer unless expressly agreed otherwise.

5.7 Braussie Coffee shall be entitled to make partial deliveries where this is reasonable for the Buyer and does not result in substantial additional costs or other material disadvantages for the Buyer.

5.8 If the Buyer is in default of acceptance or collection, Braussie Coffee shall be entitled to continue storing the goods or to arrange appropriate alternative storage at the Buyer’s cost and risk.

Additional storage, handling, transport and other costs arising as a result may be charged to the Buyer in a reasonable amount. Further statutory rights shall remain unaffected.

5.9 Any agreed customary international trade terms, in particular Incoterms®, shall take precedence over the provisions of this § 5 to the extent expressly agreed for the relevant contract. The expressly specified version of the Incoterms® rules shall apply.

5.10 Unless expressly agreed otherwise or otherwise governed by an agreed Incoterms® rule, any import duties, import VAT, customs clearance charges or other import-related taxes, duties or charges arising in the country of destination shall be borne by the Buyer.

§ 6 Delivery Times, Delay and Force Majeure

6.1 Delivery and availability dates shall be determined by the respective binding offer, order confirmation or other individual agreement. Unless a delivery date has expressly been designated as binding, it shall constitute an estimated delivery or availability date.

6.2 Agreed delivery periods shall not commence until all information, documents and cooperation required from the Buyer for performance of the contract have been provided and any agreed advance payments or other amounts due have been received by Braussie Coffee.

6.3 Braussie Coffee shall only be in delay in accordance with the applicable statutory provisions. Braussie Coffee shall not be liable for delays caused by circumstances for which Braussie Coffee is not responsible.

6.4 Events of force majeure or other extraordinary events which were not foreseeable at the time the contract was concluded, are beyond the reasonable control of Braussie Coffee and materially hinder, delay or temporarily prevent performance shall extend agreed delivery and performance periods by the duration of the disruption plus a reasonable restart period.

Such events may include, in particular:

natural disasters and extraordinary weather events,
fire, flooding or comparable damaging events,
war, armed conflict, terrorist attacks or civil unrest,
epidemics or pandemics,
strikes or lawful industrial action,
governmental measures, import or export restrictions,
delays in customs clearance or regulatory inspections,
closure of ports or terminals,
substantial disruptions to sea, road or rail transport,
extraordinary shortages of transport capacity,
failures or substantial disruptions of energy, communications or IT systems, and
comparable events outside the reasonable control of Braussie Coffee.

6.5 Braussie Coffee shall inform the Buyer of any material delay and its expected impact as soon as reasonably possible under the circumstances.

6.6 If an event pursuant to Section 6.4 continues for more than 60 days and delivery cannot reasonably be expected within a further reasonable period, either Braussie Coffee or the Buyer shall be entitled to withdraw from the unperformed part of the contract.

Payments already made in respect of undelivered goods shall be refunded. Further statutory rights shall remain unaffected.

6.7 Delays caused by a supplier, producer, warehouse operator, freight forwarder or other service provider shall only relieve Braussie Coffee of responsibility to the extent that the delay results from circumstances for which Braussie Coffee is not responsible and Braussie Coffee selected and commissioned the relevant supplier or service provider with due commercial care.

6.8 Where delivery becomes permanently impossible as a result of an event pursuant to Section 6.4, the rights and obligations of the parties shall be governed by the applicable statutory provisions.

§ 7 Inspection of Goods, Notification of Defects and Complaints

7.1 Where the purchase constitutes a commercial transaction for both parties, the inspection and notification obligations pursuant to Section 377 of the German Commercial Code (HGB) shall apply.

The Buyer shall inspect the goods without undue delay following delivery, insofar as this is feasible in the ordinary course of business, and shall notify Braussie Coffee without undue delay of any apparent defects.

7.2 The inspection shall include, in particular, verification of the identity of the delivered lot, delivered quantity, external condition of the packaging and any apparent transport or moisture damage.

Where customary and reasonable having regard to the nature of the goods and the Buyer’s business operations, the inspection shall also include an appropriate examination of the agreed quality characteristics of the green coffee.

7.3 Any externally visible damage to bags, packaging or goods and any apparent shortages should be documented upon handover or delivery and, where a transport provider is involved, recorded on the transport or delivery documentation.

7.4 Defects which could not be detected during a proper initial inspection shall be notified to Braussie Coffee without undue delay after discovery.

7.5 A notification of defects should be made in text form and clearly identify the coffee concerned. Where reasonable, it should include, in particular, the lot designation, invoice or order number, quantity delivered, nature and extent of the complaint and appropriate supporting documents or photographs.

7.6 In the event of complaints concerning the sensory or physical quality of the green coffee, Braussie Coffee shall be given an opportunity to investigate the complaint.

At Braussie Coffee’s reasonable request, the Buyer shall provide a representative sample of the goods concerned or permit a joint or independent quality assessment.

7.7 Until a properly notified complaint has been resolved, the Buyer shall, insofar as reasonable, store the affected goods appropriately and avoid any alterations that could materially hinder or prevent subsequent examination of the characteristics complained of.

7.8 Processing of the goods complained of, in particular roasting, grinding, blending or otherwise altering the green coffee, should not take place until Braussie Coffee has been given a reasonable opportunity to inspect the goods, insofar as this is reasonable for the Buyer.

Where the Buyer processes the goods despite an apparent or already notified complaint and such processing materially hinders the determination of the cause or extent of the alleged defect, the Buyer shall bear any resulting disadvantages in relation to the burden of proof to the extent legally permissible.

7.9 Natural or commercially customary deviations which do not constitute a defect pursuant to § 3 of these GTC shall not give rise to claims for defects.

7.10 The statutory rights of Braussie Coffee and the Buyer and any mandatory statutory provisions shall remain unaffected.

§ 8 Rights in the Event of Defects and Warranty

8.1 Where the goods are defective at the time risk passes and the Buyer has duly complied with its inspection and notification obligations pursuant to § 7, the Buyer shall be entitled to the statutory remedies for defects subject to the following provisions.

8.2 Braussie Coffee shall first be given an opportunity to provide subsequent performance within a reasonable period.

The type and manner of subsequent performance shall be governed by the statutory provisions. Braussie Coffee may refuse the form of subsequent performance selected by the Buyer where the statutory requirements for such refusal are met, in particular where it would involve disproportionate costs.

8.3 Where replacement of the originally agreed lot is impossible due to its limited availability, Braussie Coffee and the Buyer may agree upon delivery of another coffee of comparable quality and value.

The Buyer shall have no entitlement to delivery of a different lot without such agreement.

8.4 If subsequent performance fails, is impossible or unreasonable, or may lawfully be refused, the Buyer may, subject to the statutory requirements, reduce the purchase price or withdraw from the contract.

Claims for damages shall be governed exclusively by the statutory provisions and the liability provisions of these GTC.

8.5 Claims for defects require that the condition complained of existed at the time risk passed.

In particular, Braussie Coffee shall not be liable for loss of quality or changes occurring after the transfer of risk as a result of improper storage, excessive humidity, unsuitable temperatures, foreign odours, contamination, pest infestation, improper handling or other influences attributable to the Buyer or third parties.

8.6 The natural development and ageing of green coffee following the transfer of risk shall not in itself constitute a defect.

This applies in particular to natural changes in sensory characteristics over the storage period, provided the agreed characteristics were present at the time risk passed and no express shelf-life or quality guarantee has been given.

8.7 To the extent legally permissible, claims for defects shall become time-barred twelve months after delivery of the goods.

The shortened limitation period shall not apply:

in cases of intentional or grossly negligent breach of duty,
in the event of injury to life, body or health,
where Braussie Coffee has fraudulently concealed a defect,
where Braussie Coffee has expressly given a guarantee regarding the characteristics of the goods,
to claims under the German Product Liability Act, or
in other cases where a longer limitation period is mandatorily prescribed by law.

8.8 Statutory rights of recourse within a supply chain shall remain unaffected to the extent they cannot legally be restricted.

8.9 The examination or acknowledgement of a complaint by Braussie Coffee shall not in itself constitute acknowledgement of a defect or acknowledgement of a legal obligation.

Any goodwill payment or other voluntary accommodation shall, unless expressly stated otherwise, be made without acknowledgement of any legal obligation.

§ 9 Liability

9.1 Braussie Coffee shall be liable for losses and expenses incurred by the Buyer in accordance with the statutory provisions, except as otherwise provided below.

9.2 Braussie Coffee shall have unlimited liability:

a) in cases of intent and gross negligence,

b) for injury to life, body or health,

c) where Braussie Coffee has fraudulently concealed a defect or expressly assumed a guarantee,

d) for claims under the German Product Liability Act, and

e) in any other cases of mandatory statutory liability.

9.3 In cases of ordinary negligence, Braussie Coffee shall only be liable for breach of a material contractual obligation.

Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose performance the Buyer may regularly rely.

In such cases, Braussie Coffee’s liability shall be limited to the foreseeable loss typical for the type of contract concerned at the time the contract was concluded.

9.4 In cases of ordinary negligence involving the breach of a non-material contractual obligation, Braussie Coffee’s liability shall be excluded.

9.5 To the extent Braussie Coffee’s liability is excluded or limited under this § 9, the same exclusion or limitation shall also apply in favour of Braussie Coffee’s legal representatives, employees, staff and agents where claims are brought directly against them.

9.6 The above limitations of liability shall apply to contractual and non-contractual claims irrespective of their legal basis, including claims arising from breach of duty, tort and claims for damages or reimbursement of expenses.

9.7 The above provisions shall not alter the statutory allocation of the burden of proof to the detriment of the Buyer.

§ 10 Retention of Title

10.1 Goods supplied by Braussie Coffee shall remain the property of Braussie Coffee until all present claims arising from the respective contractual relationship and all claims arising from the ongoing business relationship with the Buyer have been paid in full (“Reserved Goods”).

10.2 The Buyer shall be entitled to process and resell the Reserved Goods in the ordinary course of business. The Reserved Goods may not be pledged or transferred by way of security prior to full payment.

10.3 Any processing or transformation of the Reserved Goods, in particular the roasting of the supplied green coffee, shall be carried out for Braussie Coffee as manufacturer within the meaning of Section 950 BGB, without creating any obligations for Braussie Coffee.

Where the Reserved Goods are processed, combined or mixed with other goods not belonging to Braussie Coffee, Braussie Coffee shall acquire co-ownership of the resulting goods in proportion to the invoice value of the Reserved Goods relative to the value of the other goods used at the time of processing, combination or mixing.

The resulting goods shall otherwise be subject to the same provisions as the Reserved Goods.

10.4 The Buyer hereby assigns to Braussie Coffee, by way of security, all claims arising from the resale of the Reserved Goods or the goods created pursuant to Section 10.3 in order to secure the claims specified in Section 10.1.

Where Braussie Coffee holds only co-ownership, the assignment shall apply proportionately to Braussie Coffee’s co-ownership share. Braussie Coffee hereby accepts such assignment.

10.5 The Buyer shall remain authorised, until revoked, to collect the claims assigned pursuant to Section 10.4 in its own name.

Braussie Coffee shall be entitled to revoke this authority where the Buyer is in default with payments due or where specific circumstances become known which justify reasonable doubts as to the Buyer’s solvency.

Following revocation, the Buyer shall, upon request, provide Braussie Coffee with the information and documents required to collect the assigned claims and shall notify the relevant debtors of the assignment.

10.6 Until ownership passes, the Buyer shall handle the Reserved Goods with due care and store them appropriately.

10.7 In the event of seizure, attachment or other access by third parties to the Reserved Goods or assigned claims, the Buyer shall inform Braussie Coffee without undue delay and provide all information and documentation required to protect Braussie Coffee’s rights.

10.8 Where the realisable value of the security held by Braussie Coffee exceeds the secured claims by more than 10%, Braussie Coffee shall, at the Buyer’s request, release security of its choice to the corresponding extent.

10.9 Where Braussie Coffee is entitled under the applicable statutory provisions to withdraw from the contract as a result of payment default or another material breach of contract and Braussie Coffee declares such withdrawal, Braussie Coffee may demand return of any Reserved Goods still in existence.

Further statutory rights shall remain unaffected.

10.10 Upon full settlement of the claims secured by the retention of title, ownership of the Reserved Goods and the security rights granted under this § 10 shall pass to or revert to the Buyer.

§ 11 Storage and Failure to Collect Goods on Time

11.1 Where goods are made available for collection by the Buyer, the Buyer shall collect the goods within the agreed collection period. Where no collection period has been expressly agreed, § 5.2 of these GTC shall apply.

11.2 Where the Buyer fails to collect the goods on time or fails to perform any other act of cooperation required for handover or dispatch, the commencement and consequences of default of acceptance shall be governed by the applicable statutory provisions.

11.3 During a default of acceptance attributable to the Buyer, Braussie Coffee shall be entitled to continue storing the goods at the existing warehouse location or to arrange storage with a suitable warehouse operator at the Buyer’s expense.

11.4 The Buyer shall reimburse Braussie Coffee for any reasonable additional expenses resulting from the default of acceptance. These may include, in particular, additional:

storage charges,
handling and transshipment charges,
inbound and outbound warehouse charges,
transport or relocation costs,
insurance and documentation costs, and
other costs directly caused by the delayed acceptance.

Braussie Coffee shall be entitled to pass on corresponding charges imposed by the warehouse or logistics service provider.

11.5 The Buyer’s obligation to pay the agreed purchase price shall not be affected by delayed collection or acceptance of the goods. Payment periods shall not be extended by continued storage unless expressly agreed otherwise.

11.6 Once the Buyer is in default of acceptance, the allocation of risk and liability shall be governed by the applicable statutory provisions.

In particular, where the statutory requirements are met, the Buyer’s default of acceptance shall be treated in the same way as delivery for the purposes of transfer of risk.

11.7 Where the default of acceptance continues, Braussie Coffee may grant the Buyer a reasonable period to collect or accept the goods and, after expiry of that period without result, exercise its statutory rights.

Where the applicable statutory requirements are met, this shall include the right to deposit the goods or arrange a sale of the goods in accordance with the provisions applicable to commercial transactions.

11.8 Further claims of Braussie Coffee, in particular claims for compensation for losses or additional expenses caused by the default of acceptance, shall remain unaffected. Costs already reimbursed pursuant to this § 11 shall be credited against any corresponding further claims.

§ 12 Origin, Product and Traceability Information

12.1 Braussie Coffee shall provide the Buyer with the origin, product and traceability information available in connection with the relevant transaction.

This may include, in particular, information regarding the country and region of origin, producer or farm, lot designation, crop year, variety, processing method and other lot-specific information.

12.2 The contractually agreed characteristics of the goods shall remain determined by the specifications expressly agreed pursuant to § 3 of these GTC.

Additional information contained in Coffee Reports, presentations, product descriptions or other documents shall serve informational purposes unless expressly agreed as binding contractual information.

12.3 The Buyer may use the origin and product information provided by Braussie Coffee in connection with the marketing and resale of the coffee to which that information actually relates.

Such information may not be altered, shortened, supplemented or presented in a manner which results in an incorrect or misleading statement regarding, in particular, origin, producer, farm, lot, variety, processing method, crop year or quality of the coffee.

12.4 Information concerning certifications, protected designations of origin, geographical indications, seals or other special quality or origin labels may only be used by the Buyer where such use is actually permitted for the relevant coffee and Braussie Coffee has expressly confirmed the relevant characteristic or authorisation.

12.5 Lot numbers and other information used for traceability shall be documented by the Buyer in accordance with applicable legal requirements and its business operations in a manner that ensures appropriate traceability of the supplied goods.

12.6 Where different lots are blended, processed or otherwise combined, responsibility for the accurate documentation and labelling of the resulting product shall lie with the Buyer to the extent that Braussie Coffee did not itself perform the blending or processing.

12.7 Each party shall be responsible for compliance with the food law information, documentation, labelling and traceability obligations applicable within its respective area of activity and responsibility.

12.8 The Buyer shall not use information provided by Braussie Coffee in connection with other coffees or products where doing so creates the misleading impression that such coffees or products originate from Braussie Coffee, a producer identified by Braussie Coffee, a particular farm or a particular lot.

§ 13 Food Safety, Withdrawal and Recall

13.1 Braussie Coffee and the Buyer shall comply with the food safety laws applicable within their respective areas of activity and responsibility.

Statutory obligations concerning food safety, traceability, notification of competent authorities and withdrawal or recall of food products shall remain unaffected.

13.2 Where either party becomes aware of circumstances indicating that coffee supplied by Braussie Coffee may not comply with applicable food safety requirements, that party shall notify the other party without undue delay insofar as this is relevant for assessment of the matter, traceability or implementation of necessary measures.

13.3 To the extent available, such notification should include in particular:

the affected lot or batch designation,
the quantity affected,
the nature and extent of the identified or suspected issue,
the location or whereabouts of the affected goods,
any processing or resale already carried out,
available analytical, test or regulatory information, and
measures already taken.

13.4 Where there are specific indications of a possible food safety risk, the Buyer shall, where necessary and reasonable, prevent the affected goods still within its control from being used, processed or resold until the matter has been clarified or a different decision has been taken pursuant to applicable law.

13.5 The parties shall cooperate to a reasonable extent in any necessary investigation, tracing, market withdrawal, recall or regulatory action and shall provide each other without undue delay with the information and documentation required for those purposes.

13.6 Legally required notifications to authorities and decisions concerning a legally required withdrawal or recall shall be made by the party responsible under applicable law.

Nothing in these GTC shall prevent either party from immediately taking any action required by law or necessary to avert an immediate danger.

13.7 Where required, the Buyer shall, upon reasonable request by Braussie Coffee, provide information regarding the commercial customers to whom the affected goods have been supplied and the quantities involved, insofar as such information is necessary for a legally required traceability exercise, withdrawal or recall.

13.8 Costs relating to an investigation, blocking of goods, withdrawal, recall or other necessary measure shall be borne by the party responsible under the applicable statutory provisions.

Where both parties have contributed to the occurrence or extent of the measure, the costs shall be allocated according to their respective degree of responsibility.

13.9 Where an appropriate investigation establishes that the condition complained of arose only after transfer of risk as a result of storage, processing, mixing, contamination or other circumstances within the responsibility of the Buyer or a third party engaged by the Buyer, the Buyer shall bear the resulting costs to the extent that the Buyer is responsible for the relevant circumstances.

13.10 Further statutory rights and obligations and the liability provisions of these GTC shall remain unaffected.

§ 14 Trademarks, Coffee Reports and Intellectual Property

14.1 All rights to trademarks, trade names, logos, graphic design elements, photographs, texts, Coffee Reports, product presentations and other content provided by Braussie Coffee shall remain with Braussie Coffee or the respective rights holder.

The conclusion of a purchase contract for coffee does not result in the transfer of trademark rights, copyrights, design rights or other intellectual property rights.

14.2 The Buyer shall be entitled to use factual origin and product information provided by Braussie Coffee pursuant to § 12 of these GTC for the marketing and resale of the coffee to which that information actually relates.

This includes, in particular, accurate information concerning origin, region, producer or farm, lot, variety, processing method, crop year and other product information expressly provided for the relevant coffee.

14.3 The designation “Braussie Coffee”, the Braussie Coffee logo and other distinctive signs of Braussie Coffee may only be used by the Buyer to the extent necessary to accurately identify the origin or supply relationship or where expressly authorised by Braussie Coffee.

Such use must not create the impression that the Buyer, its roastery or its products are certified, authorised or sponsored by Braussie Coffee or form part of Braussie Coffee unless this has actually been agreed.

14.4 Use of the Braussie Coffee logo on packaging, labels, advertising materials, websites, social media content or other commercial communications requires the prior consent of Braussie Coffee in text form unless such permission already arises from a separate agreement.

14.5 Coffee Reports and other product documentation prepared by Braussie Coffee may be used by the Buyer for internal purposes and for providing information concerning the coffee to which they actually relate.

Linking to publicly available Coffee Reports or product pages provided by Braussie Coffee is permitted.

Full or substantial reproduction, editing or publication of Coffee Reports, photographs, graphics, texts or other protected materials for the Buyer’s own commercial purposes requires the prior consent of Braussie Coffee unless the relevant use is otherwise permitted by law.

14.6 Information, images or extracts used by the Buyer may not be edited or placed in a context which creates an inaccurate or misleading impression concerning the coffee, its origin, quality, producer or the business relationship with Braussie Coffee.

14.7 Names of individual product lines, profiles or collections of Braussie Coffee may only be used in connection with coffees designated accordingly by Braussie Coffee.

Use of such designations for other coffees or products is not permitted without Braussie Coffee’s express consent where such use creates an association with Braussie Coffee or the relevant product line.

14.8 Any further use of trademarks, logos, photographs, design elements, Coffee Reports or other protected content may be separately agreed between Braussie Coffee and the Buyer.

Any such permission shall apply only within the agreed scope and may, in particular, be restricted as to purpose, duration, medium and specific product.

14.9 Uses permitted by law and mandatory statutory rights of the Buyer shall remain unaffected.

§ 15 Governing Law, CISG and Jurisdiction

15.1 All contractual relationships between Braussie Coffee and the Buyer shall be governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws provisions to the extent that their application would result in the application of the law of another jurisdiction.

15.2 The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is expressly excluded.

15.3 To the extent that an agreement on jurisdiction is legally permissible, the courts at the registered office of Braussie Coffee shall have exclusive jurisdiction over all disputes arising out of or in connection with the contractual relationship.

This shall apply in particular to business customers, merchants and legal entities as well as Buyers whose registered office is located outside Germany.

This jurisdiction clause shall also apply to disputes concerning the formation, validity, performance or termination of the contractual relationship.

15.4 Braussie Coffee shall nevertheless remain entitled to bring proceedings against the Buyer at the Buyer’s general place of jurisdiction or at any other jurisdiction permitted by law.

15.5 Mandatory statutory provisions concerning exclusive jurisdiction and international jurisdiction shall remain unaffected.

§ 16 Final Provisions

16.1 Individual agreements between Braussie Coffee and the Buyer shall take precedence over these GTC.

For evidentiary purposes, amendments, supplements or ancillary agreements relating to an individual contract should be documented in text form, in particular by email.

The statutory precedence of individually negotiated agreements shall remain unaffected.

16.2 Legally relevant declarations and notifications by the Buyer relating to the contractual relationship, in particular notices setting deadlines, notifications of defects, declarations of withdrawal or termination, should be made in text form unless stricter form requirements are prescribed by law.

16.3 Should any provision of these GTC be or become wholly or partially invalid or fail to form part of the contract, the validity of the remaining provisions and the underlying contract shall remain unaffected.

The applicable statutory provisions shall apply in place of any invalid or non-incorporated provision.

16.4 The contractual language shall generally be German, unless Braussie Coffee and the Buyer expressly agree on another contractual language.

Where these GTC or other contractual documents are additionally provided in another language, the translation is provided for information and convenience.

In the event of discrepancies or differences in interpretation, the German version shall prevail, to the extent legally permissible and unless expressly agreed otherwise.

16.5 Headings used in these GTC are for convenience only and shall not affect the interpretation of the respective provisions.

16.6 Any further or deviating individual agreement contained in the respective offer, order confirmation or separate contract shall take precedence over these GTC.