1. General Provisions & Scope

These General Terms and Conditions (GTC) apply to all deliveries and services between Tropical Mountains GmbH (hereafter: Tropical Mountains) and our customers in the version valid at the time of contract conclusion. Deviating terms and conditions of the customer shall only apply insofar as Tropical Mountains has expressly acknowledged them in writing in individual cases.

 

  1. Registration

The data required from the buyer for registering and placing an order must be provided fully and accurately. In case of changes to the data provided after registration or order placement, the buyer must correct this data without undue delay.

The personal password selected by the buyer when registering on the Internet must be kept confidential and may not be made accessible to third parties. The buyer is responsible for any actions performed on the Internet page using the password.

 

  1. Orders

Orders may be placed as follows:
1. On the Internet at: www.tropicalmountains.com
2. Via email to: order@tropicalmountains.com


 

  1. Contract Conclusion

Product presentations in the online shop do not constitute legally binding offers, but a non-binding online catalog. Orders are placed at the prices and conditions stated on the day of the order. Your order in our online shop constitutes an offer for the conclusion of a purchase contract. Tropical Mountains will inform you about the receipt of your order, including the details of the order, by email through an “order confirmation” immediately upon receipt of your order. This order confirmation does not constitute a purchase contract; it is for your information and review only. Following review, Tropical Mountains will accept the order by shipping the ordered goods. The buyer will be notified by email if the goods are temporarily unavailable. In this event, a new delivery date will be agreed or the buyer may withdraw from the purchase in which case the payment will be refunded.”


Opportunities and risk will be transferred to the buyer when our goods leave our warehouse or must be warehoused due to late delivery or non-delivery.

 

  1. Payment

    1. Customers can make payments via immediate transfer (Sofortüberweisung), credit card or PayPal. Prices in the online shop include VAT. Customers whose residence or business domicile is in Switzerland may make purchases on account for up to CHF 250.00. We reserve the right to demand advance payment for goods exceeding CHF 250.00.

    2. The purchase price and shipping costs are due immediately without deductions upon completion of the order. Orders on account must be settled within 20 days of the order date. The prices at the time the order is placed apply.

    3. Buyers may not offset own claims against payment claims of Tropical Mountains. 

 

  1. Shipping & Delivery

    1. Tropical Mountains will normally ship goods on the next business day, at the latest, on the second business day after order confirmation. Unless otherwise agreed, deliveries in Switzerland and Germany will be made to the delivery address specified by the customer, normally within 2-3 working days. Deliveries to other EU countries may take longer. You will be notified about any changes to an order by email within 5 business days. 

    2. Shipping costs will be added to the stated product prices. The listed shipping costs and tax allowances remain valid until new conditions are published.

For shipping to countries that do not appear in the list, please contact our customer service by email at: info@tropicalmountains.com

 

  1. General Availability
    Our product range includes products with limited availability. We therefore reserve the right to adjust our product range at short notice. For this reason, we cannot guarantee full availability of our products on www.tropicalmountains.com. 

 

  1. Contract Withdrawal

If delivery of an order to the buyer fails twice because the goods cannot be handed over or because the buyer fails to collect the goods from the delivery service provider despite notice, Tropical Mountains will cancel the order, withdraw from the contract and refund the payment.

 

  1. Revocation Rights Notice

    1. Revocation Rights:

For purchases from the European Union—the right to revocation does not apply to Switzerland—, revocation rights are granted by law. You have the right to withdraw from the contract within 14 days without stating reasons. The revocation period lasts 14 days beginning on the day on which you or a third party designated by you who is not the carrier took possession of the goods or of the last goods.

To exercise your revocation rights, you must inform us of your decision to withdraw from the contract through a clear statement via email to: info@tropicalountains.com 

The revocation deadline will be met if you send your statement informing us of your decision to exercise your revocation rights before the revocation period expires.

Consequences of Revocation:

If you withdraw from this contract, we will refund any payments we have received from you, including shipping costs (except for additional costs resulting from the selection of a shipping method other than the least expensive standard delivery offered by us), without undue delay and within 14 days of receipt of your revocation statement. Unless expressly agreed with you otherwise, we will use the same payment method to refund your payment that you used for the original transaction; under no circumstances will you be charged any fees because of the refund. We may refuse to refund your payment until the goods have been returned to us or you prove that you have sent the goods back to us, whichever occurs first.

Without undue delay, within 14 days of the day on which you inform us of your withdrawal from the contract, you must return or hand over the goods to us at:

GERMANY / EU: Tropical Mountains, c/o log-mark GmbH, Elsässer Str. 16, DE-71229 Leonberg

SWITZERLAND: Tropical Mountains, c/o Integra Stiftung im Freiamt, Allmendstrasse 4, CH-5610 Wohlen

The deadline will be met if you mail the goods before the 14 day period expires. The return costs must be borne by the consumer. 

- End of Revocation Rights Notice -

The customer cannot revoke a contract if it includes the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or stipulation was made by the customer or which are clearly tailored to the customer's personal needs, such as the product “Dein Mix.” However, this does not apply to the exercise of material defect guarantee claims.

 

  1. Returns After Exercising Revocation Rights

    1. Before returning the goods, the return can be announced in writing by email to: info@tropicalmounains.com. The sender of the returned goods must be clearly stated on the package.

    2. Goods must be returned in their original packaging. Opened products may not be returned. The purchase price can only be refunded for goods packed in their original sealed packaging.

 

  1. Rights of Retention

Until complete settlement, goods will remain the property of Tropical Mountains.

 

  1. Defects

Statutory warranty claims can be asserted if the delivered goods have defects.

 

  1. Liability

For any defects that become apparent during the statutory warranty period, you are entitled to claims defect remedies. The limitation period for statutory warranty claims is 2 years.

If orders display obvious material defects or manufacturing errors, including transport damage, please contact Tropical Mountains immediately at: info@tropicalmountains.com.

The statutory warranty applies to all defects that occur during the two-year period, unless they can be attributed to improper handling by the buyer. By accepting the General Terms and conditions the buyer acknowledges to be only entiteled to repair instead of the legal rights according to the the Swiss Code of Obligations. Transport costs for repair are not covered by Tropical Mountains.

Tropical Mountains will not be liable for undelivered or late product shipments caused by inaccurate or undisclosed shipping addresses, customs or export issues or force majeure. Tropical Mountains will not be liable for damages or viruses caused by accessing our website.
 

   14. Compostability

The coffee capsules are suitable for garden compost according to self-tests in a Munich garden. How long it takes for the capsules to break down depends on a number of factors, including of the quality of the compost
 

   15. Transport Damage

Please report any orders with visible transport damage to the carrier immediately and contact Tropical Mountains without undue delay at: info@tropicalmountains.com. 
 

   16. Data Protection

All personal data will be treated confidentially and in compliance with applicable data protection regulations. For our full Privacy Policy, please see: www.tropicalmountains.com/datenschutz

 

   17. Legal Disclaimer

Unless otherwise stated, the contents of the website www.tropicalmountains.com are protected by copyright. These contents may not be distributed, published, attached, used, forwarded or used for public or commercial purposes without our written permission. Tropical Mountains provides no guarantee for the accuracy or completeness of the website www.tropicalmountains.com and excludes any form of liability and warranty for incorrect or incomplete contents. 

 

   18. Applicable Law & Place of Jurisdiction:

Swiss law applies exclusively to any disputes under the contract. The UN sales convention is waived. Zug, Switzerland, will serve as the exclusive place of jurisdiction between merchants and Tropical Mountains.

 

Valid: Zug, Switzerland, 1 January 2019