Terms of service
General Terms and Conditions (GTC) Happy Matcha GmbH
§ 1 Scope
1. These GTC apply to all declarations of intent, contracts, and legal or quasi-legal acts of Happy Matcha GmbH, Torstraße 68, 10119 Berlin, Register Court: Amtsgericht Charlottenburg, Registration Number: HRB 237411 B (hereinafter "Happy Matcha") with its clients (hereinafter also "Customer" or "Customers"), in particular within the framework of purchase contracts concluded via the website https://www.matchasome.com/. Happy Matcha GmbH and the Customer(s) are collectively referred to as the "Parties" or individually as a "Party".
2. A consumer pursuant to § 13 BGB (German Civil Code) is every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.
3. An entrepreneur pursuant to § 14 BGB is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business, or profession.
4. Terms and conditions of a Customer who is an entrepreneur that deviate from or contradict these GTC shall only apply if they have been recognized in writing by Happy Matcha GmbH. This also applies if Happy Matcha GmbH performs services unconditionally while being aware of such terms and conditions.
5. These GTC explicitly do not apply to the order of Matchasome Gift Cards. For these, the GGTC (General Gift Card Terms and Conditions) apply.
6. Customers can also become members of the Loyalty Program. For members of the Loyalty Program, the Rules of the Loyalty Program (RLP) apply in addition to these GTC.
§ 2 Contracting Partner, Conclusion of Contract, and Order Process
1. The contracting partner for the Customer is always Happy Matcha GmbH.
2. The presentation of products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order.
3. By adding goods to their shopping cart and clicking the "Buy/Order with obligation to pay" button, the Customer submits a binding offer to enter into a contract with Happy Matcha. The Customer will then receive an order confirmation. This order confirmation does not constitute an acceptance of the offer.
4. A contract is concluded when Happy Matcha sends the shipping confirmation to the Customer.
5. If Happy Matcha does not accept the contract, any payments already received will be refunded without delay.
§ 3 Prices, Shipping, and Payment Terms
1. All prices indicated on the product pages are in Euros (€) and include statutory value-added tax (VAT), unless otherwise stated.
2. We charge shipping costs for delivery. The shipping costs depend on the value of the order and the country to which the delivery is to be made and are listed in the following table. For international shipments, please contact customer service to find out the corresponding price.
| Order to | Shipping Costs | Free shipping from order value of |
|---|---|---|
| Germany | € 4.99 | € 50.00 |
| EU | € 12.70 | € 85.00 |
| Switzerland | € 22.00 | € 85.00 |
| Norway | € 20.90 | € 85.00 |
| UK | € 12.80 | € 85.00 |
3. In addition, the Customer may select the so-called "Priority Shipping". With this offer, the Customer's order is treated with priority and packed before other orders that have not selected the "Priority Shipping" option. The cost for this is € 3.99 per order.
4. Payment can be made by credit card, PayPal, Klarna, advance payment, shopPay, or GooglePay.
5. Payment is due fourteen (14) days after invoicing.
6. Happy Matcha is entitled to issue invoices exclusively in electronic form.
§ 4 Delivery
1. Orders are usually assembled and handed over to the transport company within seventy-two (72) hours starting from the next working day. Handover does not take place on weekends or German public holidays.
2. The delivery time is generally three (3) to five (5) days from the handover of the order to the shipping service provider. Happy Matcha provides information on differing delivery times on the respective product page. If a Customer orders several products with different delivery times, the longest delivery time applies, unless Happy Matcha makes use of paragraph 4.
3. Deliveries are not made on Sundays or public holidays.
4. Happy Matcha is entitled to make partial deliveries provided this is reasonable for the Customer. This is particularly the case if the ordered products have different delivery times or if the Customer also orders a Matchsome Gift Card in an order. In this case, the GGTC apply.
5. The timeframes mentioned in sections 1 and 2 merely serve as a rough guide and do not establish a promise of performance within a specific period. A delivery date is only bindingly agreed if it has been individually agreed upon between the Parties in text form and is explicitly designated as a binding delivery date by Happy Matcha GmbH.
6. Delivery is made exclusively to the delivery address specified in the order.
§ 5 Orders via the B2B Portal
1. If the Customer is an entrepreneur, they can apply for a B2B partnership with Happy Matcha. This is possible via the following link: https://www.matchasome.com/pages/b2b-registration.
2. There is no entitlement to be accepted into a B2B partnership.
3. A prerequisite for this is that the entrepreneur wishes to distribute or offer Happy Matcha's products within their own café, gastronomic business, or retail store.
4. The entrepreneur is obligated to provide their correct business data.
5. Orders under the B2B partnership may only be placed for business, not private purposes.
6. Deviating from § 2(2), § 2 (3), § 3 (4), and § 4 (1), the following applies to orders within a B2B partnership:
a. To take advantage of the B2B partnership, the Customer must use the "B2B Order Form". If the Customer orders goods via the standard shop or uses the Shopping Card (Gift Card), the conditions and prices of the B2B partnership do not apply.
b. Shipping costs are waived for order values of € 200.00 or more.
c. After selecting the desired products, the Customer will receive an invoice by email. This is due immediately.
d. Only after the invoice has been paid and payment received by Happy Matcha will the agreed products be packed and shipped. Orders are usually assembled and handed over to the transport company within seventy-two (72) hours starting from the next working day. Handover does not take place on weekends or German public holidays.
7. If there is a reasonable suspicion that the B2B order option is being used for abusive purposes, Happy Matcha may temporarily suspend or permanently terminate the B2B cooperation.
§ 6 Subscriptions
1. For some products, there is the option to order them as a subscription. The Customer can choose between a monthly and a bi-monthly subscription. This means that the Customer will receive the selected product at monthly or bi-monthly intervals starting from the conclusion of the contract.
2. The payment method selected by the Customer will be charged the agreed purchase price at monthly or bi-monthly intervals, respectively.
3. The minimum duration of the subscription is three deliveries. After that, the subscription can be canceled at any time with effect for the future via the following link: [LINK].
4. Happy Matcha may also terminate the subscription at any time after the period regulated in § 6 Para. 3 has expired. A notification in text form is sufficient for this.
5. Changes to the subscription can be made at any time via the following link: [LINK].
6. Shipping costs apply for each delivery within the subscription. § 3 and § 4 apply accordingly.
7. If the Customer selected "Priority Shipping" for the initial order, this delivery method is only provided for the initial order, but not for all subsequent deliveries within the subscription.
8. If supply bottlenecks occur for the selected product that are not the fault of Happy Matcha, Happy Matcha will inform the Customer immediately about the supply bottleneck and when the next delivery can be expected. If the next delivery is delayed by more than two months, the Customer may terminate the subscription with immediate effect.
§ 7 Retention of Title
The delivered goods remain the property of Happy Matcha until the purchase price has been paid in full.
§ 8 Prohibition of Rebranding
If the buyer is an entrepreneur, they are prohibited from reselling the delivered products under their own or a third party's name, in modified packaging, or with modified labeling. An exception applies only if Happy Matcha has given express prior consent.
§ 9 Termination of the Contract
1. The contract may be terminated by withdrawal pursuant to Para. 2 in conjunction with § 10 or – if the legal requirements are met – by rescission.
2. If the Customer is a consumer, they have the right of withdrawal regulated in § 10, provided this is not excluded pursuant to § 312g Para. 2 No. 3 BGB.
3. The right to extraordinary termination remains unaffected. An important reason for termination exists in particular if a Party breaches essential obligations or repeatedly breaches non-essential obligations from the contractual relationship and does not remedy the breach within a reasonable time even after being requested to do so by the other Party, or if a Party cannot reasonably be expected to adhere to the contract due to force majeure, or if insolvency proceedings have been opened over the assets of the other Party or are imminent.
§ 10 Right of Withdrawal and Cancellation Policy
Consumers have the following right of withdrawal for distance contracts and contracts concluded outside business premises, provided this is not excluded pursuant to § 312g Para. 2 No. 3 BGB.
Right of Withdrawal for Consumers
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. In the case of partial deliveries, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must inform us (Happy Matcha GmbH, Torstraße 68, 10119 Berlin, info@matchasome.com) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email). You may use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your 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 for all payments we have received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such 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 earliest.
You shall send back the goods or hand them over to us at Happy Matcha GmbH, Torstr. 68, 10119 Berlin, without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
Sample Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
To
Happy Matcha GmbH,
Torstraße 68,
10119 Berlin,
info@matchasome.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*): ___________________________
Name of consumer(s): ___________________________
Address of consumer(s): ___________________________
Signature of consumer(s) (only if this form is notified on paper): ___________________________
Date: ___________________________
(*) Delete as appropriate.
§ 10 Warranty / Liability for Defects
1. The statutory law on liability for defects applies.
2. Natural characteristics of the products, such as color variations, do not constitute defects.
3. The right of rescission is excluded if the defect is insignificant.
4. Further claims, in particular claims for damages, remain unaffected unless otherwise provided by law.
5. Vis-à-vis Customers who are entrepreneurs, warranty claims expire within a period of six (6) months.
6. The obligation of the buyer, if they are an entrepreneur, to inspect the goods immediately pursuant to § 377 HGB (German Commercial Code) is expressly pointed out.
§ 11 Liability
1. Unless otherwise regulated in the remaining provisions, Happy Matcha shall only be liable to the Customer for damages due to a breach of contractual or non-contractual obligations in cases of intent and gross negligence.
2. For slight negligence, Happy Matcha shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation), whereby liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the other Party may regularly rely.
3. In the case of atypical and unforeseeable indirect damages, liability is limited to the sum of the contractual fees paid by the Customer to Happy Matcha for the period of two (2) years prior to the occurrence of the damaging event within the framework of the specific contractual relationship. In the case of consequential damages and lost profits, liability is limited to the foreseeable damage typical for the contract.
4. The limitations of liability also apply to legal representatives, executive employees, and vicarious agents of Happy Matcha.
5. The limitations mentioned in paragraphs 1 to 4 do not apply to liability for injuries to life, body, or health.
§ 12 Assignment and Set-off
The Customer may only transfer the rights and obligations arising from this contract with the prior written consent of Happy Matcha. The Customer may only offset against claims of Happy Matcha with undisputed or legally established claims.
§ 13 Force Majeure or Other Events
Force majeure or other unforeseeable, unavoidable, or inevitable events for which Happy Matcha is not responsible, which significantly impede the provision of the contractual services or temporarily make it impossible, including pandemics, strikes, lockouts, and official orders, entitle Happy Matcha to postpone the fulfillment of its services for the duration of the hindrance plus a reasonable start-up period. Happy Matcha will immediately inform the Customer about the occurrence of such performance hindrances. If the delays resulting from an event pursuant to sentence 1 exceed a period of six (6) weeks and an adjustment of the contract is neither possible nor reasonable for both Parties, both Parties are released from their performance obligations agreed upon in the order. Services rendered by Happy Matcha shall be remunerated proportionally by the Customer. Claims for damages are excluded in such cases.
§ 14 Form
Unless otherwise regulated in the respective order or these GTC, the text form requirement applies to all agreements between the Parties.
§ 15 Self-Promotion
If the Customer is an entrepreneur, Happy Matcha is permitted to use the Customer's name and brand free of charge for self-promotion purposes, in particular for reference advertising purposes, even after the termination of the contract period.
§ 16 Final Provisions
1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Should a provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a regulation shall be deemed agreed upon that comes closest to the economic purpose of the invalid provision.
3. Happy Matcha may adapt these GTC for valid reasons, although this right of amendment does not apply to essential contractual obligations. Changes will be communicated to the Customer in writing or electronically. The Customer may object to the updated version within two (2) weeks of receiving the notification. The unobjected continuation of the contractual relationship after receipt of the notice shall be deemed acceptance of the changes. An unjustified objection to the GTC may, in individual cases, constitute grounds for extraordinary termination.
4. These GTC apply in their most current version valid at the time the legal transaction is concluded or a quasi-legal relationship exists. Unless otherwise agreed, the GTC also apply to entrepreneurs for all future legal transactions or quasi-legal relationships, even if they are not explicitly agreed upon again. The currently valid version of these GTC can be accessed at [LINK].
5. Vis-à-vis entrepreneurs, Berlin is deemed the agreed place of performance.
6. Vis-à-vis entrepreneurs, Berlin is deemed the agreed place of jurisdiction for all disputes between the Parties.
General Gift Card Terms and Conditions (GGTC) Happy Matcha GmbH
Happy Matcha offers two gift cards. A gift card that can only be purchased and redeemed online (so-called Online Gift Card) and a gift card that can only be purchased and redeemed in-store (so-called Store Gift Card). Both cards are hereinafter collectively referred to as "Matchasome Gift Card".
§ 1 Exclusive Application of the GGTC
1. These General Gift Card Terms and Conditions apply exclusively to the purchase and use of the Matchasome Gift Card.
2. A consumer pursuant to § 13 BGB is every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.
3. An entrepreneur pursuant to § 14 BGB is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business, or profession.
4. Terms and conditions of a Customer who is an entrepreneur that deviate from or contradict these GGTC shall only apply if they have been recognized in writing by Happy Matcha GmbH. This also applies if Happy Matcha performs services unconditionally while being aware of such terms and conditions.
§ 2 Contracting Partner, Conclusion of Contract, and Order Process
1. The contracting partner for the Customer is always Happy Matcha. Happy Matcha and the Customer may also be referred to collectively as the "Parties" or individually as a "Party".
2. The Matchasome Gift Card can be redeemed by the Customer themselves or by a third party to whom the Customer has gifted the Matchasome Gift Card. However, the contract regarding the Matchasome Gift Card is only concluded with the Customer.
3. The presentation of the Online Gift Card in the online shop does not constitute a legally binding offer, but merely an invitation to place an order.
4. By adding the Online Gift Card to their shopping cart and clicking the "Buy/Order with obligation to pay" button, the Customer submits a binding offer to enter into a contract with Happy Matcha.
5. A contract is concluded when Happy Matcha sends the Customer an order receipt confirmation.
6. If Happy Matcha GmbH does not accept the contract, any payments already received will be refunded without delay.
§ 3 Prices, Shipping, and Payment Terms
1. All prices indicated on the product pages are in Euros (€) and include statutory value-added tax (VAT), unless otherwise stated.
2. There is no physical shipping.
3. Payment is made via PayPal or by credit card.
4. Payment is due fourteen (14) days after invoicing.
5. Happy Matcha is entitled to issue invoices exclusively in electronic form.
§ 4 Provision
1. The Online Gift Card is exclusively available digitally and is usually provided via email within 10 minutes after the conclusion of the contract. The Customer receives the Online Gift Card by email after completing the purchase contract.
2. When purchasing a Store Gift Card, the Customer purchases the Store Gift Card in a Matchasome Café and receives this card immediately in the form of a prepaid card.
§ 5 Redemption of the Matchasome Gift Card
1. The Online Gift Card can only be redeemed in the online shop of Happy Matcha GmbH (https://www.matchasome.com/). During the online checkout process, the code of the Online Gift Card must be entered.
2. The Store Gift Card can only be redeemed in the Matchasome Café. It must be presented in the café for this purpose.
3. The gift card balance will be charged with the corresponding amount. If a residual amount remains, it stays on the Matchasome Gift Card.
4. The Customer can use the balance of the Matchasome Gift Card for both full and partial payments. If there is an outstanding balance after paying with the Matchasome Gift Card, this can be paid using another payment method.
5. A cash payout of the balance on the card is excluded. This also applies to residual amounts.
§ 6 Further Redemption Conditions
1. The gift card balance is always issued in Euros (€). The balance does not bear interest.
2. The Matchasome Gift Card is transferable and non-personal.
3. The Matchasome Gift Card is valid for up to XY years from provision. If the balance is not used within this period, the (remaining) balance of the gift card expires.
§ 7 Loss and Liability of Happy Matcha GmbH
1. The Customer is obligated to handle the gift card with care.
2. In case of loss, theft, or damage, the existing gift card balance will not be replaced.
3. Furthermore, Happy Matcha is entitled to fulfill its obligations with discharging effect by paying the respective holder of the gift card.
4. Liability for any loss incurred by the Customer through unauthorized purchases using the Matchasome Gift Card is excluded.
5. Unless otherwise regulated in the remaining provisions, Happy Matcha shall only be liable to the Customer for damages due to a breach of contractual or non-contractual obligations in cases of intent and gross negligence.
6. For slight negligence, Happy Matcha shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation), whereby liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the other Party may regularly rely.
7. In the case of atypical and unforeseeable indirect damages, liability is limited to the sum of the contractual fees paid by the Customer to Happy Matcha for the period of two (2) years prior to the occurrence of the damaging event within the framework of the specific contractual relationship. In the case of consequential damages and lost profits, liability is limited to the foreseeable damage typical for the contract.
8. The limitations of liability also apply to legal representatives, executive employees, and vicarious agents of Happy Matcha.
9. The limitations mentioned in paragraphs 5 to 8 do not apply to liability for injuries to life, body, or health.
§ 8 Termination of the Contract
1. The contract may be terminated by withdrawal pursuant to paragraph 2 in conjunction with § 9 or – if the legal requirements are met – by rescission.
2. If the Customer is a consumer, they have the right of withdrawal regulated in § 9.
3. The right to extraordinary termination remains unaffected. An important reason for termination exists in particular if a Party breaches essential obligations or repeatedly breaches non-essential obligations from the contractual relationship and does not remedy the breach within a reasonable time even after being requested to do so by the other Party, or if a Party cannot reasonably be expected to adhere to the contract due to force majeure, or if insolvency proceedings have been opened over the assets of the other Party or are imminent.
§ 9 Right of Withdrawal and Cancellation Policy
Consumers have the following right of withdrawal for distance contracts and contracts concluded outside business premises.
Right of Withdrawal for Consumers
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. In the case of partial deliveries, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must inform us (Happy Matcha GmbH, Torstraße 68, 10119 Berlin, info@matchasome.com) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email). You may use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your 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 for all payments we have received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such 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 earliest.
You shall send back the goods or hand them over to us at Happy Matcha GmbH, Torstr. 68, 10119 Berlin, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
Sample Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
To
Happy Matcha GmbH,
Torstraße 68,
10119 Berlin,
info@matchasome.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*): ___________________________
Name of consumer(s): ___________________________
Address of consumer(s): ___________________________
Signature of consumer(s) (only if this form is notified on paper): ___________________________
Date: ___________________________
(*) Delete as appropriate.
§ 10 Assignment and Set-off
The Customer may only transfer the rights and obligations arising from this contract with the prior written consent of Happy Matcha. The Customer may only offset against claims of Happy Matcha with undisputed or legally established claims.
§ 11 Force Majeure or Other Events
Force majeure or other unforeseeable, unavoidable, or inevitable events for which Happy Matcha is not responsible, which significantly impede the provision of the contractual services or temporarily make it impossible, including pandemics, strikes, lockouts, and official orders, entitle Happy Matcha to postpone the fulfillment of its services for the duration of the hindrance plus a reasonable start-up period. Happy Matcha will immediately inform the Customer about the occurrence of such performance hindrances. If the delays resulting from an event pursuant to sentence 1 exceed a period of six (6) weeks and an adjustment of the contract is neither possible nor reasonable for both Parties, both Parties are released from their performance obligations agreed upon in the order. Services rendered by Happy Matcha shall be remunerated proportionally by the Customer. Claims for damages are excluded in such cases.
§ 12 Form
Unless otherwise regulated in the respective order or these GGTC, the text form requirement applies to all agreements between the Parties.
§ 13 Self-Promotion
If the Customer is an entrepreneur, Happy Matcha is permitted to use the Customer's name and brand free of charge for self-promotion purposes, in particular for reference advertising purposes, even after the termination of the contract period.
§ 14 Final Provisions
1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Should a provision of these GGTC be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a regulation shall be deemed agreed upon that comes closest to the economic purpose of the invalid provision.
3. Happy Matcha GmbH may adapt these GGTC for valid reasons, although this right of amendment does not apply to essential contractual obligations. Changes will be communicated to the Customer in writing or electronically. The Customer may object to the updated version within two (2) weeks of receiving the notification. The unobjected continuation of the contractual relationship after receipt of the notice shall be deemed acceptance of the changes. An unjustified objection to the GGTC may, in individual cases, constitute grounds for extraordinary termination.
4. These GGTC apply in their most current version valid at the time the legal transaction is concluded or a quasi-legal relationship exists. Unless otherwise agreed, the GGTC also apply to entrepreneurs for all future legal transactions or quasi-legal relationships, even if they are not explicitly agreed upon again. The currently valid version of these GGTC can be accessed at [LINK].
5. Vis-à-vis entrepreneurs, Berlin is deemed the agreed place of performance.
6. Vis-à-vis entrepreneurs, Berlin is deemed the agreed place of jurisdiction for all disputes between the Parties.
Rules of the Loyalty Program (RLP)
The Matchasome Loyalty Program is a rewards program for Customers who are consumers (B2C only). It offers the Customer the opportunity to collect points on a points account for orders placed via the online shop, among other things. The collected points are added up and assigned to a respective status. Each status in turn includes certain benefits. Points can also be redeemed for the purchase of products in the online shop or for orders in the Matchasome Café.
§ 1 Application of these RLP
1. These RLP apply in addition to the GTC.
2. In the event of contradictions between these RLP and the GTC, the provisions of the RLP shall take precedence over the provisions of the GTC.
§ 2 Participation
1. All Customers with a minimum age of 18 years are eligible to participate.
2. Participation requires that a Customer has successfully registered for the Loyalty Program. For registration, the Customer must provide the requested data.
3. All information, especially regarding the person, must be truthful.
4. Each person may only be registered for the Loyalty Program once.
5. Participation is free of charge.
§ 3 Points
1. Points are personal and cannot be transferred.
2. The points balance can be viewed online at any time.
3. Points do not expire, but they can be redeemed.
§ 4 Status and Point Acquisition
1. The points existing in the points account are added up. The resulting sum is assigned to a respective status. Specific benefits are associated with each status, which are automatically applied when the Customer makes a purchase using their Loyalty Program account.
2. The following statuses are possible:
a. 0 to 999 Points: Matcha Sprout
b. 1000 to 4999 Points: Matcha Lover
c. From 5000: Matcha Master
3. The individual statuses receive the following benefits:
a. Matcha Sprout: Receive points on purchases, receive points for birthday
b. Matcha Lover: Receive points on purchases, receive points for birthday, 10% discount on refills, 10% discount on POS drinks, access to the Matcha Milling Club
c. Matcha Master: Receive points on purchases, receive 20% discount for birthday, 15% discount on refills, 15% discount on POS drinks, access to the Matcha Milling Club, free delivery of orders
4. The Customer will have points credited to their points account for the following events/actions:
a. Purchase in the online shop
i. Matcha Sprout: 1 point per € 1 order value
ii. Matcha Lover: 2 points per € 1 order value
iii. Matcha Master: 3 points per € 1 order value
b. Registration for the Loyalty Program: 100 points
c. Leaving a review in the online shop after placing an order: 50 points
d. Recommendation to a third party who is not yet a customer (new customer): 200 points
e. Follow on Instagram: 50 points
f. Subscription to the newsletter: 50 points
g. Birthday:
i. Matcha Sprout: 200 points
ii. Matcha Lover: 300 points
iii. Matcha Master: no points, but 20% discount instead (cf. § 4 Para. 8)
5. No points will be credited or points will be revoked in the following events:
a. When purchasing Gift Cards,
b. When using Gift Cards as a payment method,
c. When redeeming points according to § 5,
d. In case of return, cancellation, or withdrawal of the order,
e. In case of a reduction in the purchase price,
f. For orders or purchases made without using the email address registered for the Loyalty Program,
g. For orders or purchases of Matchasome products that are not made via the online shop or in a Matchasome Café (i.e., offered by third parties).
6. Shipping costs are not taken into account for a purchase under § 4 Para. 3 a. The amount actually paid for the goods determines the order value.
7. A birthday must be added to the account or registered as such at least 30 days prior to the date of birth for it to be considered.
8. On a birthday, a Matcha Master receives a 20% discount voucher, whereby the maximum total savings can be € 50. The voucher is valid for 30 days from the birthday.
§ 5 Redeeming Points
1. Collected points can be redeemed in the online shop.
2. A minimum amount of 200 points must be redeemed per redemption process.
3. One point corresponds to a value of € 0.05.
4. Aside from § 5 Para. 2, the Customer is free to choose how many points to redeem per redemption process.
5. If an outstanding balance remains after redeeming points, it can be settled using the available payment methods.
6. If there is a withdrawal, cancellation, or revocation of the contract, the points will not be credited back if points were redeemed for the payment.
7. There is no entitlement to the payout of the value of points in cash or as a credit to a bank account.
§ 6 Changes to the RLP and Discontinuation of the Program
1. Happy Matcha may make changes to the RLP at any time.
2. Happy Matcha may also pause or completely discontinue the Loyalty Program at any time.
3. There is no entitlement to a payout of the points account balance even in the event of pausing or discontinuation of the Loyalty Program.
§ 7 Exclusion from the Loyalty Program
1. If there is a reasonable suspicion that a Customer is improperly receiving or redeeming points through false information, exploiting technical errors, or in any other abusive manner, Happy Matcha may confiscate the points and/or cancel orders.
2. Furthermore, in the event of § 7 Para. 1, Happy Matcha may temporarily or permanently exclude the Customer from participating in the Loyalty Program.
3. Happy Matcha will inform the Customer of such exclusion in text form, stating the reasons.
§ 8 Termination
1. The Customer may exit the Loyalty Program at any time. For this purpose, the Customer may cancel their Loyalty Account.
2. There is no entitlement to a payout of the points account balance upon termination by the Customer.
3. There is also no entitlement to transfer the points to another account.