1. Scope of application (valid from 01.01.2024)

These General Terms and Conditions (GTC) govern the relationship between RPOS GROUP AG (hereinafter referred to as RPOS) and its customers. Any deviating agreements must be made in writing to be valid.

The current and binding version of the GTC as well as amendments and additional agreements are published at www.rposcoffee.com  and www.rpos-group.com.

2. Offer and delivery area in Switzerland and Liechtenstein

The RPOS offer is aimed at customers resident in Switzerland or the Principality of Liechtenstein.

The offers made by RPOS on the Internet or in advertising are subject to change and are not to be understood as binding offers.

All product details, product photos, technical specifications, accessory relationships etc. on the Internet or in advertising are provided without guarantee. The specifications published at the time of purchase are authoritative.

 3. offer and delivery area EUROPA and UAE

The RPOS offer is aimed at customers residing in EUROPE and the UAE.

The offers made by RPOS on the Internet or in advertising are subject to change and are not to be understood as binding offers.

All product details, product photos, technical specifications, accessory relationships etc. on the Internet or in advertising are provided without guarantee. The specifications published at the time of purchase are authoritative. Swiss laws always apply insofar as overriding laws from EUROPE, the UAE cannot be applied. However, the legal domicile for claims is always the Swiss registered office of the company and therefore Swiss law applies exclusively.

 4. purchase at the point of sale in Switzerland

A contract is concluded at the point of sale by handwritten signature of the purchase contract or cash payment by the customer and subsequent acceptance by RPOS.

5. purchase via the internet

Orders are only accepted via the online store on the website www.rposcoffee.com and confirmed by e-mail without obligation. Telephone or written orders will not be processed. If, after confirmation of receipt of the order, it is determined that an item is not available, the corresponding order will be canceled by RPOS.

RPOS reserves the right not to accept orders if more than normal household quantities of an item are ordered.

A purchase contract shall first come into effect upon confirmation of dispatch or readiness to collect the goods.

The customer must register with an individual customer account or as a guest. Regardless of whether they place an order, they must provide their user name (e-mail), their official first name and surname, the address of residence registered with the authorities, their date of birth and a valid telephone number.

The RPOS online offer is aimed at customers over the age of 18 with legal capacity and residing in Switzerland or the Principality of Liechtenstein. The offers are subject to change and are not to be understood as binding offers.

 6. prices

All prices include value added tax (VAT) and other statutory fees such as Suisa and the advance recycling fee (VRG) in Swiss francs. Additional costs such as installation, assembly, additional materials, packaging, shipping, delivery, surcharges for certain means of payment and services are charged separately. Technical changes, errors and misprints excepted.

RPOS has the right to change the price at any time. The price that applies is the price that is posted at the point of sale or displayed in the POS system or published at www.rposcoffee.com at the time the order is placed. Price changes made after confirmation will not be taken into account.

7. Payment and retention of title

The means of payment specified in the online store and at the point of sale shall apply. RPOS may exclude individual means of payment in general or for individual customers without further justification. RPOS reserves the right to obtain credit checks on the customer and may forward customer data to third parties for this purpose.When paying by invoice, the billing and delivery addresses must be the same. In the case of payment on account (RPOS), the amount must be paid within 10 calendar days. If the customer is in arrears with payment in whole or in part, default interest of 1% per month and reminder costs of CHF 35.00 per reminder will be charged, which are due immediately. In the event of debt collection, compensation of CHF 350 per order shall also be owed without further reminder. RPOS may also cancel and/or suspend all further orders without further reminder until the entire claim has been settled. RPOS also has the right to assign outstanding debts to external debt collection companies. When purchasing with debit and credit cards, the charge is made at the time of ordering or at the time of payment at the point of sale. When paying by credit and debit card, the data is transmitted in encrypted form. When paying in advance, the desired goods will only be handed over or the order will only be triggered once the corresponding payment has been received. The desired items cannot be reserved during this time. If goods are in short supply, goods with the status “in stock” may not be available for immediate delivery until the order is triggered. If payment has not been received by RPOS within 5 days, RPOS may cancel the order.

All delivered items shall remain the property of RPOS until the purchase price (including all surcharges) has been paid in full. Pledging, transfer by way of security, processing or transformation is not permitted without the express consent of RPOS. RPOS is entitled to have the delivered goods entered in the retention of title register in accordance with Art. 715 of the Swiss Civil Code.

8. Delivery conditions and obligation to inspect

Delivery shall be made exclusively to addresses in Switzerland and the Principality of Liechtenstein at the expense and risk of the customer. The RPOS delivery charges and conditions agreed upon conclusion of the contract shall apply.

The customer undertakes to check the goods immediately upon receipt to ensure that they are correct, complete and undamaged. Defects in the goods must be reported to the shipping company and RPOS as soon as possible, but no later than 5 calendar days after receipt. In the event of complaints, all parts of the original packaging must be retained. These may only be disposed of with the written consent of the transport company or RPOS.

The delivery period stated by RPOS is only a guideline and is not binding. If a delivery deadline cannot be met by RPOS, the customer may withdraw from the purchase 30 days after conclusion of the contract following written notification to foryou@rpos-group.com.

RPOS is entitled to make partial deliveries. If part of the ordered goods cannot be delivered, there shall be no right to cancel the entire order. The customer may not assert any further claims.

In the case of a collection period, the customer must collect the ordered goods from the designated collection point within 10 days of notification. The general opening hours of the designated collection point shall apply to collection. If the goods are not accepted within the collection period, RPOS shall have the right to withdraw from the purchase contract or to deliver the goods to the Customer at the Customer’s expense. In both cases, a handling fee of CHF 250.00 may be claimed.

9. return and exchange

There is no right to return goods. The purchase price will not be refunded. However, RPOS may grant an exchange of goods for individual items (non-food only), provided that the following provisions are complied with.

The customer may ask RPOS within 5 days of receipt of the goods (period begins on the day after receipt of the goods) whether they will be exchanged for goods of the same product category. This is subject to the condition that the goods in question are marked accordingly on the purchase receipt or invoice. The request must be made at the same point of sale where the goods were purchased and the proof of purchase or invoice must be presented. An exchange is excluded in any case if the original packaging is no longer present, the goods are damaged and there is no proof of purchase or invoice. For online purchases, please contact customer service.

The following goods cannot be exchanged from the outset: Personal care and beauty products, consumables (coffee filters, cleaning products, etc.) Food, coffee products, tea products, coffee machines, tea machines or items that RPOS has ordered specifically on behalf of the customer. RPOS does not have to justify the acceptance or rejection of an exchange. Exchanges are made as a gesture of goodwill on the part of RPOS. The customer has no legal claim to the exchange. If an exchange is accepted, the customer shall bear the costs of the exchange, such as delivery and installation costs. However, a deduction from the purchase price to be refunded or an invoice for possible damage, excessive wear and tear of the goods and a processing fee shall remain reserved. If the sales price has fallen by the time the goods are returned, the exchange will be credited on the basis of the new price offered by RPOS. If the price has increased since the purchase, the purchase price valid at that time will be taken into account. Differences can be refunded in the form of RPOS shopping vouchers. In all cases, the customer is responsible for packing the goods to be returned in a manner suitable for transportation. Damage/destruction of the goods due to improper packaging will be charged to the customer.

10. Warranty and repair of new and second-hand goods

10.1 Scope of warranty

Fust grants the customer a guarantee on the new and second-hand goods purchased. In the event of a warranty claim (i.e. in the case of defects that occur or already exist before or after the product or goods are handed over to the customer), the customer is entitled to rectification, replacement or conversion. RPOS or the manufacturer shall be entitled to choose the type of defect rectification. If RPOS decides to rescind the contract, the reimbursement to the customer shall be adjusted to the current value of the defective device. There is no entitlement to a free replacement device while the defect is being rectified. The commissioning of repairs to third parties shall be carried out exclusively by RPOS or the manufacturer. The right to reimbursement of costs from third-party repairs is excluded.

Excluded from the warranty are

• General wearing parts
• Normal reduction in performance of batteries and lamps
• Burn-in damage to displays
• Damage caused by foreign bodies, incorrect manipulation or mechanical damage, drop, impact and moisture damage
• Excessive strain or commercial use, defects due to tampering or modifications
• Incorrect dosage (candied coffee beans, detergent, etc.)
• Calcification, leaking batteries, data loss, data corruption, software errors, computer viruses
• Changes made to the item, operating errors
• Natural hazards, frost, lightning, etc.
• Non-compliance with maintenance and operating instructions
• Poor cleaning of the coffee machines

The statutory warranty is excluded in its entirety.

10.2 Warranty period for new goods

The warranty period is shown on the invoice or on the receipt for each item. It is 2 years for new appliances and begins at the time of delivery or collection for each product. If a repair or replacement is carried out, the warranty period is not extended. The invoice or receipt is valid as a warranty certificate and must be kept in a safe place.

10.3 Warranty period for second-hand goods

The warranty period is shown on the invoice or receipt for each item. It is 6 months for used appliances and begins at the time of delivery or collection for each product. If a repair or replacement is carried out, the warranty period is not extended. The invoice or receipt is valid as a warranty certificate and must be kept in a safe place.

10.4 Procedure in the event of defects

If there is a defect that is not covered by the warranty exclusion grounds, the customer should contact the point of sale or foryou@rpos-group.com. The right to reimbursement of costs from third-party repairs is excluded. The customer must return or send the defective product to the point of sale or to the location specified by foryou@rpos-group.om at his own expense and risk. The products must be returned or sent with all accessories in the original packaging with the sales receipt/delivery bill enclosed. If the original packaging is missing, the product must be packed for transportation. If it is determined that a product sent in is not covered by the warranty (reasons for exclusion or outside the warranty period), a cost estimate of the expected repair costs will be drawn up automatically. This can be invoiced to the customer. If the customer decides in favor of a repair, the cost estimate will not be charged. If the customer does not respond to the cost estimate within the deadline, the product will be disposed of. Returned products that are not defective, are sent to the wrong address, whose return was not agreed and/or whose packaging was defective or where the accessories are missing may be returned to the customer. In these cases, RPOS shall be entitled to claim compensation of CHF 250.00 per case.

10.5 Warranty extension

A warranty extension is not granted.

11. Liability

Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are completely excluded against Fust and against Fust’s vicarious agents, except in cases of willful misconduct or gross negligence. Liability for indirect damage and consequential damage resulting from use due to faulty performance or loss of performance is excluded. In particular, the customer may not assert any claims for compensation for consequential damage in the event of warranty claims.

12. data protection

Regarding data protection, our privacy policy is authoritative. In particular, when creating a purchase contract in the store or when registering as a guest, when creating an individual customer account and/or when using the website www.rposcoffee.com without registering, the validity of the data protection declaration is acknowledged. By registering on the website, a customer profile can be created. Purchase data may be used for this purpose. The customer may request information from RPOS about and, if necessary, the correction of their own personal data.

13. Final provision and place of jurisdiction

These General Terms and Conditions may be amended at any time. The business activities of RPOS and thus the relationship between the Client and RPOS shall be governed exclusively by Swiss law.

In the event of disputes arising from consumer contracts, the court in Zurich/Switzerland shall have exclusive jurisdiction for actions brought by the Customer, and the court at the domicile of the defendant shall have jurisdiction for actions brought by RPOS. Consumer contracts are contracts for services that are intended for the personal or family needs of the customer. Zurich shall be the exclusive place of jurisdiction for all other disputes.

Should individually points of these GTC be invalid, this shall not affect the validity of the remaining provisions.

Status 1.1.2024