I. General Provisions
1. Applicability; User Eligibility; Language
(1) These general terms and conditions ("Terms") shall apply to the use of our services offered by us, Supercoff GmbH, Hauptstraße 44, 40789 Monheim am Rhein, Germany, registered in the commercial register of the AG Düsseldorf under HRB 108343 (hereinafter referred to as "Supercoff") via the website https://supercoff.co/ ("Website") as well as the digital loyalty platform provided by our third-party service partner 5Loyalty, accessible via web browser through a link or QR code (the "Loyalty Platform"), and any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively the "Platform" and the Platform as well as the services offered on the Platform collectively the "Service(s)") by you (the "User(s)," "you," or "your"), unless expressly agreed otherwise in writing between the User and Supercoff.(2) Users within the meaning of these Terms are exclusively consumers as defined by § 13 of the German Civil Code (BGB). "Consumer" is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
(3) The contract language is English.
2. Warranty Rights; Liability
(1) The statutory provisions concerning non-performance or defective performance for products ordered through the Platform shall apply.(2) Claims for damages by the User are excluded. This does not apply to claims for damages arising from the injury to life, body, or health, or from the breach of essential contractual obligations, the fulfilment of which is necessary to achieve the purpose of the contract concluded between Supercoff and the User, and on whose compliance the User could reasonably rely (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by Supercoff, its legal representatives, agents, or the Platform.
(3) In the event of a breach of essential contractual obligations, Supercoff is only liable for foreseeable damages typical of the contract, provided such damages were caused by simple negligence, unless the claim for damages arises from injury to life, body, or health.
(4) Supercoff does not provide any guarantee or liability for the availability of the Platform. Furthermore, Supercoff does not guarantee that access to the Platform will be technically error-free and uninterrupted, that no other technical issues will occur during use, or that the Platform is free from viruses or errors.
(5) Supercoff makes no representations regarding third-party websites accessible via a link from the Platform. Such third-party information is independent of Supercoff's own information. Links, hyperlinks, or web addresses that lead to other websites do not imply that Supercoff takes responsibility for the content of such websites or endorses their content or use. These are only valid for the Platform operated by Supercoff; the terms and conditions of the linked third-party websites apply to those sites.
3. Governing Law; Jurisdiction; Dispute Resolution; Severability
(1) Contracts between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, particularly those of the country in which the User has their habitual residence as a consumer, remain unaffected.(2) Supercoff is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).
(3) If any individual provisions of these Terms are or become invalid, the validity of the remaining provisions of the Terms shall not be affected.
4. Privacy
Supercoff shall process personal data relating to the User. The processing of personal data is subject to our Privacy Policy.II. Usage Terms for the Platform
1. Description of the Service
(1) Supercoff's Website serves as an informational platform providing details about Supercoff's products, locations, and services. The Website does not support online ordering or payment.(2) In addition to the Website, Supercoff offers Users access to a digital loyalty program through the Loyalty Platform, operated by third-party service provider 5Loyalty and accessible via a web browser through a link or QR code provided at Supercoff locations. Through the Loyalty Platform, Users can participate in Supercoff's loyalty program via a digital Stamp Card, and access their digital Loyalty Card. A more detailed description of these Services can be found in the applicable Sections of these Terms.
(3) Products can be ordered and purchased directly at Supercoff store locations ("Locations") or through third-party delivery platforms such as Uber Eats. Orders placed via third-party platforms are subject to the terms and conditions of those platforms, and Supercoff bears no responsibility for the services provided by such third parties.
(4) Using the Website and Loyalty Platform is free of charge. However, purchasing products or gift cards at Locations creates a payment obligation under the respective purchase agreement.
2. Accessing the Loyalty Platform
(1) To access the Loyalty Platform, Users must register by providing their first name, last name, and a valid email address, either by scanning a QR code at one of the Locations or via a link provided by Supercoff. Upon registration, Users receive access to their digital Stamp Card, which can be added to their Apple Wallet.(2) You agree to keep your access data secure and not to share it with third parties. You acknowledge that you are responsible for all activities that occur under your account. Supercoff is not liable for unauthorized use due to User negligence. Users must notify Supercoff immediately if they suspect any unauthorized access to their account.
3. Copyrights; License to Use Our Services; Use Restrictions
(1) Supercoff grants Users a non-exclusive, non-transferable, non-sublicensable, time-limited, and revocable right to access the Services via the Platform solely for the purposes outlined herein and to use them accordingly. Any further use of the Platform, including the displayed images, logos, symbols, or product descriptions, is not permitted without the express consent of Supercoff. The Platform is protected by copyright.(2) When using the Platform, it is prohibited to copy, modify, or create derivative works from the displayed information and the software related to the Services. It is also prohibited to extract the goods depicted and offered on the Platform (e.g., through "scraping") and/or reuse the information outside of the Platform.
4. Technical Requirements
(1) The use of the Loyalty Platform requires a compatible device with a web browser as well as adequate internet access, which the User must provide at their own responsibility and expense.(2) Supercoff assumes no responsibility for the loss or improper transmission of information and/or services resulting from the User's failure to meet the necessary requirements.
5. Availability / System Outage
While we strive to ensure the Platform is available 24/7, we cannot guarantee continuous availability. Access to the Platform may be temporarily restricted due to capacity limitations, security concerns, system integrity, or scheduled maintenance aimed at improving or maintaining service quality. Supercoff is not responsible for any unavailability of the Loyalty Platform attributable to the third-party provider 5Loyalty.6. Termination
(1) The usage relationship is entered into for an indefinite period. You may request deletion of your account and data at any time by contacting Supercoff at [email protected].(2) We reserve the right to terminate access to the Loyalty Platform immediately for good cause.
7. Stamp Card
(1) Supercoff offers Users the opportunity to participate in a loyalty program ("Loyalty Program") by collecting stamps for each purchase of a Supercoff beverage ("Drink Order") at a Supercoff store Location ("Location(s)") through a digital stamp card with a personalized QR code ("Stamp Card"). The Stamp Card is provided via the Loyalty Platform operated by 5Loyalty and can be added to the User's Apple Wallet.(2) The Loyalty Program is available to Users who have a compatible device with a web browser and access to the Loyalty Platform.
(3) To subscribe to the Loyalty Program, Users must register as described above in Section II.2. Upon successful registration, Users receive access to their Stamp Card, which can then be added to their Apple Wallet.
(4) For each Drink Order at a Location, Users earn one (1) digital stamp ("Stamp").
(5) Stamps are added to the User's Stamp Card upon scanning the Stamp Card at the Location.
(6) A Stamp Card is considered full and complete once the User has collected the required number of Stamps as indicated on the Stamp Card.
(7) Stamps hold no cash or monetary value and cannot be converted into any other form of currency. They cannot be combined with other offers, vouchers, or discounts.
(8) Stamps are non-transferable between participating Users, email addresses, Stamp Cards, or any other means.
(9) Once a Stamp Card is full, Users can redeem their Stamps for a free Supercoff beverage at a Location.
(10) Users are responsible for maintaining access to their Stamp Card.
(11) Supercoff
• is not responsible for lost, stolen, or unauthorized use of Stamp Cards,
• reserves the right to withhold or suspend a User's ability to collect Stamps if there is a (suspected) violation of these Terms,
• may, at its sole discretion, refuse a User's participation in the Loyalty Program,
• reserves the right to correct any stamps that have been awarded incorrectly.
8. Loyalty Card
(1) Through the Loyalty Platform, Users can access their Supercoff Loyalty Card ("Loyalty Card"), which is available digitally via Apple Wallet. In addition to functioning as a Stamp Card, it also allows Users to load funds ("Credit") onto the Loyalty Card for future purchases at the Locations.(2) Users can top up their Credit at any time using the payment methods available via the Loyalty Platform. The Credit balance is non-refundable, except where required by law.
(3) The Credit loaded onto the Loyalty Card serves as a prepayment for the purchase of products at Locations and can only be used for transactions at these Locations. The Loyalty Card is not a credit card, and it does not offer a credit limit, overdraft protection, or a savings account. No interest, dividends, or other earnings will be provided on the Credit balance.
(4) Users can view their Credit balance via the Loyalty Platform. To make a payment at a Location, Users can display the QR Code from their Loyalty Card.
(5) Supercoff reserves the right to correct the Credit balance in case of billing or accounting errors.
(6) Supercoff reserves the right to refuse acceptance of the Loyalty Card or limit its usage if it is used in an unauthorized, fraudulent, or unlawful manner or if it violates these Terms.
IV. Terms of Purchase
1. In-Store Orders
(1) Products can be ordered and purchased directly at Supercoff Locations during business hours. All purchases are subject to product availability.(2) Supercoff may use ingredients and additives in its foods and drinks that could cause allergies or intolerances. If you have any food allergies, we recommend contacting the designated Location for current allergen information before placing an order.
(3) Users have the option to assign a tip to the person at the Location preparing their order. The tip is a voluntary payment from the User, with no obligation, which Supercoff will forward to the recipient accordingly. Once the tip is assigned and the order is placed, the User cannot cancel or request a refund of the assigned tip.
2. Third-Party Delivery Platforms
(1) Supercoff products are also available for order via Uber Eats. Orders placed through Uber Eats are governed exclusively by Uber Eats' own terms and conditions. Supercoff is not a party to the agreement between the User and Uber Eats and bears no liability for the services, delivery, or conduct of Uber Eats.(2) Any complaints or claims related to orders placed via Uber Eats must be directed to Uber Eats directly.
3. Gift Cards
(1) Supercoff gift cards ("Gift Card(s)") can be purchased directly at Supercoff Locations. Once purchased, the Gift Card can be added to the User's Apple Wallet for convenient use.(2) Gift Cards are available with varying cash values.
(3) Gift Cards can be redeemed directly at Supercoff Locations for the purchase of products, or credited to the User's Loyalty Card balance (see Section II.8.).
(4) Gift Cards are non-refundable. They cannot
• be exchanged for cash, except where required by law,
• be transferred or resold,
• be topped up,
• be used to purchase other Gift Cards,
• be used in conjunction with any promotional codes or discount vouchers.
(5) If the value of your purchase is less than the value of your Gift Card, the remaining balance will stay on the Gift Card and can be used for future purchases of products.
(6) If the value of your purchase exceeds the value of the Gift Card, the remaining balance can be paid using another accepted payment method.
(7) If no expiration date is specified on the Gift Card, it will remain valid for 3 years from the purchase date. After this period, any remaining balance will be forfeited unless required by law.
(8) We reserve the right to cancel Gift Cards or refuse redemption if we suspect fraud, misuse, or a violation of these Terms.
(9) We are not responsible for lost, stolen, or unauthorized use of Gift Cards.
4. Payment Terms
(1) The User pays the agreed purchase price at the time of purchase at the Location. The payment obligation arises upon the conclusion of the respective purchase agreement.(2) The prices indicated at the Locations include the applicable VAT.
(3) Payment can be made using the payment methods accepted at the respective Location, including via the Loyalty Card.
5. Withdrawal
(1) The User cannot revoke a product order with Supercoff, as far as the delivery of goods is concerned:• where the goods are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g (2) no. 1 BGB);
• where the goods can spoil quickly or whose expiry date would be exceeded quickly (§ 312g para. 2 no. 2 BGB);
• which for reasons of health protection or hygiene, the goods are not suitable for return if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB);
• if the goods were inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB).
(2) For the part of the order which does not fall under the exclusion facts mentioned above, the User is entitled to a right of withdrawal insofar as the User is a consumer within the meaning of § 13 BGB.
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days, without giving any reason.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal, you must inform us,
Supercoff GmbH
Hauptstraße 44
40789 Monheim am Rhein
E-Mail: [email protected]
of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not mandatory. If you use this option, we will communicate to you an acknowledgement of receipt of such withdrawal on a durable medium (e.g., by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for the additional costs arising if you have chosen a different type of delivery than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You will bear the direct cost of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Supercoff informs about the model withdrawal form in accordance with legal regulations as follows:
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Supercoff GmbH
Hauptstraße 44
40789 Monheim am Rhein
E-Mail: [email protected]
I/We (*) hereby withdraw from the contract concluded by me/us (*) concerning the purchase of the following goods/provision of the following service (*):
___________________________________________________________________
Ordered on (*) / Received on (*):
___________________________________________________
Name of consumer(s):
___________________________________________________
Address of consumer(s):
___________________________________________________
Signature of consumer(s) (only if notification is on paper):
___________________________________________________
Date:
___________________________________________________
(*) Delete as appropriate.
*End of withdrawal notice*