Terms and Conditions

GENERAL BUSINESS CONDITIONS OF THE DAISUKE MISSION LOYALTY PROGRAMME

(hereinafter referred to as the “GBC”)

  1. GENERAL PROVISIONS
  • General Business Conditions of the Daisuke Mission loyalty programme (hereinafter referred to as the “GBC”) lay down the reciprocal rights and obligations between the Contractual Parties, where one contractual party is the Kulm LLC with registered office at 30N. Gould Street, Suite 5728, Sheridan 828 01, United States of America, in the matters related to its branch – Kulm LLC, organizačná zložka podniku zahraničnej osoby with it registered office at Gustáva Švéniho 37/8, 971 01 Prievidza, Slovakia, business ID: 50 906 429, registered in the Commercial Register of the District Court Bratislava I, section: Po, Insert no.: 4032/B, acting as the owner and operator of the Daisuke Mission loyalty programme (hereinafter referred to as the “Operator” or “Kulm LLC“), and the other contractual party, participating as a member and user of the Daisuke Mission loyalty programme and acting as a consumer (hereinafter referred to as the “Member“).
  • To the extent to which they do not contradict each other, the provisions of these GBC also apply to the following documents laying down certain aspects of the relationship between the Operator and the Member, which form the content of their contractual agreements under the conditions specified by these documents:
    1. Special Terms and Conditions of the “Coffee Delivery” membership service.

(hereinafter referred to as the “Special Terms and Conditions”)

  • If the Special Terms and Conditions specify the rights and obligations laid down by these GBC differently, this different specification in the Special Terms and Conditions shall take precedence over the GBC. The interpretation of the terms in these GBC also fully applies to the Special Terms and Conditions, unless it is specified otherwise.
  • The Daisuke Mission loyalty programme is a system of providing premium services and goods, primarily related to coffee, by the Kulm LLC company to the members of this programme (hereinafter referred to as the “Daisuke Mission”). The list of individual sales representatives, which, in the name and on behalf of the Operator, in matters related to the conclusion of the contract for the provision of services and to the performance of the obligations arising from the contract, unless these are the rights and obligations to be directly performed by the Operator, is available at the daisukemission.orgwebsite (hereinafter referred to as the “Sales Representative”). In the relationship in accordance with this clause of the GBC, Kulm LLC acts as the service Provider and the Member acts as the Beneficiary.
  • An order for services as part of the Daisuke Mission on the Operator’s website (daisukemission.org) in accordance with these GBC can only be placed by a member of the Daisuke Mission.
  1. DEFINITION OF TERMS
  • The Operator is Kulm LLC, which, when concluding and performing the contract for the provision of services, acts within its line of business in its name and on its behalf, and which sells goods or services via its online store. With respect to the provision of goods, the Operator may also be referred to as the Supplier of Goods in the individual documents related to the Contract, and he/she is the same person as the Operator.
  • The Member is a person who shows interest in Membership by submitting the Membership Application via the Operator’s website (daisukemission.org) and enters into the Contract as the Member. Until the registration of the Membership Application and the start of the Contract, the Member is also referred to in these GBC as the Membership Applicant. With respect to the membership services and the use of the goods, the Member may also be referred to as the Buyer of Goods in the individual documents related to the Contract, and he/she is the same person as the Member.
  • The Consumer is the Member who, when concluding and performing the Contract, does not act within his/her line of business or other business activities.
  • The Contract, for the purposes of these GBC, is understood as the result of a confirmation of the Membership Application submitted by the Membership Applicant and its acceptance by the Operator, whose content consists of the rights and obligations of the Operator and the Member as part of the membership and of the provision of selected membership services.
  • The Contractual parties are the Operator and the Member, who concluded the Contract in accordance with these GBC, and who are bound by their content.
  • The Order is an electronic form for the ordering of the Goods as part of the membership service by the Member from the Operator via the Website, or any other declaration of the Member’s desire to conclude a contract with the Operator in accordance with the Special Terms and Conditions. By placing the Order, the Member undertakes to duly fulfil his/her obligations under the Contract in accordance with the previous clause, he/she is aware of what forms the content of the Contract and what legal relationship between the Operator and the Member is established, and is aware that to receive a membership service, he/she is obliged to pay the Service Fee. By submitting the Order and by ticking the relevant box in the Order, the member also confirms that he/she is familiar with the content of these GBC and with the relevant Special Terms and Conditions, has read and understood them, and undertakes to adhere to them.
  • The Sale is always understood as the sale of the Goods, regardless of the meaning and context this term is used with with respect to the Member, and regardless of the communication means used. The Sale also includes the Service related to the Goods, which also forms the content of the Daisuke Mission programme.
  • The Purchase, the purchase of the Goods and the Service, regardless of the meaning and context this term is used with respect to the Member, and regardless of the communication means used.
  • The Goods, with respect to these GBC, are always understood as the items that form the subject of a membership service and are dispatched to the Member on the basis of a contract in accordance with the relevant Special Terms and Conditions (primarily coffee). The Goods may also be referred to as the Product but shall always be understood as the Goods. In the relevant context, the Goods may also be understood and the Service related to the Goods, which also forms the content of the Daisuke Mission programme.
  • The Service or the Membership Service is understood as a membership service in the Daisuke Mission with which the conditions and benefits of this programme are associated. The content of the individual Services is specified in the relevant Special Terms and Conditions.
  • The Price is the total price for the Goods indicated in the Order, which the member ordered, with VAT or other taxes, fees, including the price of packing and shipping.
  • The Service fee is a fee for specific membership service, which is further specified in related Special Terms and Conditions.
  • The Delivery Address is the place of the receipt and delivery of the Goods on the basis of the Contract, which the Member indicated in the Order.
  • The Receipt of the Goods is understood as the moment of the receipt and delivery of the Goods to the member in accordance with the Special Terms and Conditions.
  • The Member Registration is a process completed by the Member where the Member creates his/her own membership account (hereinafter referred to as the “MA”) on the Web, which provides him regular access to all information related to the Contract and allows him to communicate with respect to any matters related to the Contract and regarding further Orders as part of the Membership Services using his/her MA. Each Membership Account account also includes a document box where the Operator delivers to the Member various notices and other information and documents in accordance with these GBC.
  • The Conditions of Warranty Claims are the conditions that define the reciprocal rights and obligations of the Operator and the Member as part of the Membership and as part of the individual Membership Services, which primarily concern liability claims for the properties of the Goods from the start of the contract in accordance with the relevant Special Terms and Conditions until its termination, particularly regarding defects in the Goods.
  • A Warranty claim, for the purposes of these GBC, is understood as the liability-related right exercised by the Member on the basis of defective Goods or services provided by the Operator, whereby certain remediation or compensation for faulty performance or non-performance of the subject of the contract is demanded.
  • Electronic communication is communication between the Operator and the Member exclusively in the form of electronic delivery of documents, information or notices to the contact email address of the Member or to the MA he/she created during his/her Member Registration. This fulfils the document condition, to which both parties agree. The completion and submission of the form on the website is also considered a written notice. In exceptional cases, communication between the Contractual Parties may take the form of a letter delivered to the correspondence contact address of the other party, if required by the applicable legal regulation. When concluding the Contract, the Member is obliged to create an account by means of the Member Registration under the conditions specified by these GBC.
  • The Supervisory Authority is an entity that performs inspections of the Operator’s business activities, which is defined in the relevant provisions of European legislation and the national regulations on the internal market monitoring, and it is exclusively a body in the territory of the Slovak Republic, under whose jurisdiction the Operator falls, and it is the following state administration authority: the State Veterinary and Food Administration of the Slovak Republic (pursuant to Act No. 152/1995 Coll. on Foodstuffs as amended by Act No. 23/2002 Coll. on Food Products) and the Slovak Trade Inspection (STI), the Inspectorate of the STI for the Prešov Region, Obrancov mieru 6, 080 01 Prešov 1, telephone number 051/772 15 97, fax number 051/772 15 96, pursuant to Act No. 128/2002 Coll. on the State Control of the Internal Market for Non-Food Products.
  • The GBC are these General Business Conditions.
  • The Website is the (daisukemission.org) website, a platform or other electronic solution used for publishing the conditions, rules and other details regarding the Daisuke Mission programme, for publishing the offer of the Goods, for ordering the Goods and for concluding the Contract, or for fulfilling other rights or obligations during the period of the Contract. The Website is also any other solution in accordance with the previous clause regardless of who operates the Website, i.e. regardless of whether it is operated directly by the Operator, a person in the Operator’s name or on the Operator’s behalf, or a person in his/her own name or on his/her own behalf.

 

  1. THE DAISUKE MISSION MEMBERSHIP
  • Participation in the Daisuke Mission loyalty programme (hereinafter referred to as the “Membership”) entitles the Member, in using the services at the online stores of the Operator and his Sales Representatives, to use the benefits and membership services included in the loyalty programme in accordance with these GBC, consisting primarily of regular shipments of premium coffee packs and other related services.
  • Membership of the Daisuke Mission can only be held by an adult natural person authorised to perform legal acts who submitted a correctly completed “Membership Application“ online form, available at daisukemission.org.
  • Submitting the Membership Application and prolongation of the Membership is free of charge. However, the Member may be obliged to undertakes the costs and expenses related to providing membership services as it is specified in Special Terms and Conditions, such as Service Fee for Coffee Delivery service.
  • Membership of the Daisuke Mission cannot be held by a legal person or a natural person pursuing his/her business activities.
  • Multiple Membership is not permitted. It is not possible to apply, for oneself or other person, for simultaneously existing Membership of the same person.
  • A natural person who correctly completes the Membership Application (“hereinafter referred to as the “Membership Applicant”) agrees, with the correct completion, to these GBC and declares that he/she agrees to their content and to the processing of personal data, and, additionally, to receiving business and marketing offers, brochures, leaflets and information.
  • After receiving the Membership Application, the Operator will send to the applicant by e-mail a confirmation of the creation of the Membership, together with credentials to access the Membership Account, information about Service fees and about the completion of the first Order, the up-to-date GBC and other accompanying documents.
  1. MEMBERSHIP ACCOUNT
  • The Membership Account (hereinafter referred to as the “MA”) is an electronic membership account accessed from the Operator’s website (org), through which the member uses the services of the Daisuke Mission loyalty programme. Each MA is identified by a unique code assigned to the corresponding Member after his/her membership Application is registered.
  • The MA primarily provides the Member access to the services and functions within the MA, which, among others, include:
    1. an electronic update of his/her personal data,
    2. accessing notices, documents and other information from the Operator addressed to the Daisuke Mission Member,
    3. accessing information regarding the Service Fee, setting a payment method and a method of receiving billing information,
    4. placing Orders and viewing completed Orders for the current month and for the last two billing periods,
    5. possibility to change the preferred method of contact,
    6. granting additional consent to marketing activities,
    7. receiving information about the Goods and the Services,
    8. receiving information about additional or premium services,
    9. receiving information regarding the shipment of the Goods.
  • In the event of a loss, damage or theft of the access credentials for the MA or of any other details stated in the Membership Application, the Member is obliged to report this immediately to the Operator in accordance with the provisions on notices and delivery stated in clause 9 of these GBC.
  • Upon receiving a notice of a loss, damage or theft in accordance with the previous clause, the given MA will be deactivated immediately.
  1. BENEFITS OF THE DAISUKE MISSION MEMBERSHIP
  • The MA allows the Daisuke Mission Member to use the benefits included in the Daisuke Mission loyalty programme. A description of the benefits currently offered to the Members form a part of these GBC, which description may also be published on the org website. The conditions of the use of the individual services are further laid down in the Special Terms and Conditions.
  • The Operator will automatically offer to his/her Members, during the period of their Membership and for the duration of the offer of these Services, a regular delivery service of coffee beans, sending to the Member, once a month, his/her selected pack of coffee beans on the basis of the details stated in the Membership Application or in the Order, of which he/she will notify the Member using advertising, information or other materials in accordance with clause 9 of these GBC (hereinafter the “Coffee Delivery” services). The Coffee Delivery service is further specified in the “Special Terms and Conditions of the Coffee Delivery Service”, which the Member agrees to by duly submitting the Membership Application.
  • Participation in the Daisuke Mission loyalty programme also allows the Daisuke Mission Member to use other benefits of the programme, the current offer of which is published by the Operator on his/her website daisukemission.org, on the website of the Sales Representatives’ online stores, or in advertising, information or other materials. The Member acknowledges that in order to use some of these benefits, it may be necessary to provide further details about the Member, which the Member may provide to the Operator as part of the participation in the Daisuke Mission programme or in relation to it.
  • The Member is entitled to use the membership benefits at Operator’s online store within the scope specified in these GBC.
  • In situations which occurred independently of the Operator’s will and/or actions, for which the Operator is not responsible, particularly in the case of a technical failure in the system, due to a data failure in the system, or due to force majeure, the services included in the Daisuke Mission loyalty programme will not be provided to the Member.
  • The Operator reserves the right to unilaterally change the scope and conditions of the services of the Daisuke Mission programme, including the Goods and the offer of the Goods related to the benefits and the membership services of the Daisuke Mission programme, as well as the rates of the Service Fee expenses and payment method.
  • In order to avoid any doubt, the Daisuke Mission loyalty programme excludes any services by the Kulm LLC company that are not included in these GBC, the Special Terms and Conditions, or are not published on the daisukemission.org website, where they are explicitly referred to as the Daisuke Mission membership services.
  • The Operator is not liable for an unauthorised use of the benefits or damage caused as a result of a misuse of the MA by an unauthorised person, and only the Member is liable for such damage.
  1. TERMINATION OF THE MEMBERSHIP IN THE DAISUKE MISSION LOYALTY PROGRAMME
  • The Membership is established for an indefinite period, unless these GBC provide otherwise.
  • The Member is entitled to cancel his/her Membership at any time by submitting a correctly completed “Membership Cancellation Application” form, available to the member in his/her MA and at daisukemission.org, or by sending a correctly completed Membership Cancellation Application form to the Operator in accordance with clause 9 of these GBC. The Operator undertakes to cancel the Member’s Membership without unnecessary delay after receiving the Membership Cancellation Application. The Member acknowledges that if he/she cancels his/her participation in the Daisuke Mission loyalty programme, his/her participation in the Daisuke Mission loyalty programme together with all the rights arising from the Membership will be terminated.
  • The Operator is entitled to unilaterally terminate the Membership, thereby terminating the Member’s MA, if:
    1. the Member breaches these GBC or the associated Special Terms and Conditions of the Provision of Membership Services, particularly if he/she fails to pay the Service fee duly and timely; or
    2. if the Member breaches the generally binding legal regulations; or
    3. if there are reasonable grounds to believe that the services used by the Member are not, particularly with respect to the volume of the Orders, intended for his personal consumption.
  • The validity of the MA together with the Membership of the Daisuke Mission is terminated automatically if the Member fails to pay the Service Fee within 5 days of receiving a request to pay the Service Fee (hereinafter referred to as the “Request”) adequately in accordance with clause 9 of these GBC. The Operator sends the Request to the Member if the Service Fee was not paid automatically to the Operator in accordance with clause 6.9 of these GBC.
  • Termination of the Membership of the Daisuke Mission results in the termination of all the rights arising from the Membership of the Daisuke Mission, and of the contractual relationships between the Member and the Operator established on the basis of the Membership and arising from Special Terms and Conditions and these GBC.
  1. WARRANTY CLAIMS POLICY (LIABILITY FOR DEFECTS, WARRANTY, WARRANTY CLAIMS)
  • The Warranty Claims Policy lays down, in accordance with the provision of Paragraph 18 et seq. of Act No. 250/2007 Coll. on Consumer Protection and on the Amendment to the Slovak National Council Act No. 372/1990 Coll. on Offences as amended by later regulations and by Paragraph 619 , the relationship between the Operator and the Member (consumer) in handling warranty claims regarding the correctness and quality of the Goods and the Services provided by the Operator within the scope of the Daisuke Mission programme.
  • The Member is entitled to a warranty claim for a defect found in the purchased Goods or Services.
  • The Member is obliged to exercise his right to a warranty claim, for a defect found in the Goods or the Services at the time he/she receives them or after he/she receives them, without unnecessary delay and by the end of the warranty period. If the Member fails to exercise his right to a warranty claim for a defect with the Operator within the warranty period, his/her right shall expire.
  • Rights arising from liability for defects in items that degrade quickly (particularly coffee as part of the “Coffee Delivery” membership service) must be claimed no later than on the day following the day of purchase, otherwise these rights shall expire.
  • The Operator is liable towards the Member for defects which:
    1. existed at the time the Member received them; or
    2. occurred after the Member received them, during the warranty period.
  • The Operator is liable towards the Member for defects:
    1. which occurred after the end of the warranty period, or for which the Member made a warranty claim after its end;
    2. if the Member fails to demonstrate with a document or in other sufficiently credible manner that the goods or services for which he/she makes a warranty claim were bought from the Operator and that the warranty has not expired;
    3. for which the Member makes a warranty claim after the end of the warranty period, unless he/she demonstrates by presenting a warranty certificate or in other sufficiently credible manner that the Operator provided a warranty period that is longer than the warranty period stipulated by a generally binding legal regulation;
    4. which were caused by the Member or other (third) person, or occurred independently of their actions through damage in vis major situations;
    5. which were caused by improper use, use for purposes other than those they are intended for by their nature, or by arbitrary modifications or repairs;
    6. which were caused as a result of a failure to observe the instructions or explicit warnings for the Member, or were caused by the Member as a result of their storage, use or placement in an unsuitable environment.
  • The warranty period is 24 months and begins on the day the goods or services are received by the Member. Food products must clearly state a use by date or a best before date, and the period for making a warranty claim is determined by these dates. If a product being sold, its packaging or instructions for use enclosed with it state a use by date, the warranty period shall not end before this date.
  • If the nature of the item requires it, the Operator is obliged to issue a purchase receipt to the Member, and if the nature of the Goods allows it, the receipt may be used instead of a warranty certificate.
  • For Goods sold at a reduced price due to a defect, the warranty period is 24 months, with the warranty excluding the defects for which the product was sold at a reduced price.
  • For the sale of the Goods intended for consumption the warranty period is determined by the use by date stated on the product packaging.
  • If the items in question are not items that degrade quickly (an item that degrades quickly is, for example, coffee as part of the “Coffee Delivery” membership service) or used items, the Operator is liable for defects occurring after their receipt during the warranty period.
  • The Operator may also provide warranty extending beyond the stated warranty period. The conditions of its provision and duration must be stated on the purchase receipt or warranty certificate.
  • The warranty period shall not include the period between the day on which the Member exercised his/her right on the basis of liability for defects and the day from which the Member was obliged to collect the Goods after the completion of its repair or after the completion of the warranty procedure.
  • The member makes a warranty claim by telephone, in writing or by e-mail in accordance with clause 9 of these GBC.
  • A warranty claim shall state, in particular:
    1. The person making the warranty claim (name, surname, permanent address, e-mail or telephone contact);
    2. The subject of the warranty claim or what the Member is claiming;
    3. Who the warranty claim is addressed to;
    4. The date the warranty claim is made;
    5. The signature of the Member or a person authorised to make a warranty claim together with an authorisation letter, if the warranty claim was made in writing.

If a warranty claim fails to contain the above details, it shall be considered unjustified.

  • If a warranty claim is made by email or letter by an authorised person on behalf of the Member, an authorisation for representing the Member in a warranty claim must be enclosed with the warranty claim.
  • The period for handling a warranty claim shall be no longer than 30 days from the day the warranty claim is made. The Operator shall issue a written document for the Member confirming the completion of the warranty claim handling procedure.
  • The warranty claim date means the day on which the Member makes a warranty claim. The day of making a warranty claim is considered to be:
    1. for deliveries by post – the day on which a warranty claim is delivered to the registered office address of the Operator, and if the nature of the item allows it, this shall include damaged shipment;
    2. for email delivery – the day on which the email message is delivered to the email address of the Operator, and if the nature of the item allows it, the day on which damaged shipment is delivered, and it is the day of the event which occurs later that is decisive.
  • Damaged or incomplete shipment or a delayed delivery shall be reported without unnecessary delay within 5 days of the day on which an order should have been delivered to the Member in accordance with clause 9 of these GBC.
  • For an objective assessment of a warranty claim for incomplete or damaged Goods or Goods with incomplete or damaged packaging, it is necessary to send a photograph of the damaged Goods or their packaging to the e-mail address [email protected] Then, after receiving the photographs, the Operator shall assess the warranty claim and shall inform the Member by telephone or e-mail.
  • When the Goods are delivered using a postal service in accordance with the applicable legal regulations (a provider of delivery services, hereafter referred to as the “Provider”), the Member is obliged to make a warranty claim and produce a written protocol about the damage to the received shipment (e.g., torn box, damaged packaging, other signs of rough handling during delivery, etc.) at the time of receiving it, or reject the receipt of the damaged shipment. If he/she fails to do so at the time of receiving it, he/she shall lose the entitlement to make a warranty claim with the Operator for the above reason.
  • The Member is, in accordance with the previous clause, obliged to check the Goods in the shipment without unnecessary delay immediately after receiving them, and inspect it thoroughly with the aim to discover damage or incompleteness and to ensure that the contents of the shipment correspond to the accompanying document (invoice). The Member shall report any such damage to the operator within 48 hours of the receipt of the shipment. The receipt of the shipment is understood as its handover to the Member by the Provider.
  • Unjustified warranty claim. A warranty claim made by the Member shall be considered unjustified if it is made for defects in the Goods which are not covered by the legal relationship between the Operator and the Member, contradict generally binding legal regulations or accepted good manners, or if the information the Member states in his/her warranty claim is not true, or if such a warranty claim is made after the end of the warranty period.
  • Other legal relationships between the Operator and the Member not explicitly provided for in this Warranty Claims Policy in accordance with clause 8 of these GBC shall be governed by the applicable provisions of the contract between the Operator and the Member, by the GBC and the Special Business Terms and Conditions of the Operator, and by the generally binding legal regulations applicable in the Slovak Republic – in this precise order.
  • By clicking the box before submitting the Membership Application, the Member/the Consumer confirms that he/she has properly and fully read the Warranty Claims Policy contained in these GBC, has understood them and fully agrees with them, and confirms that he/she has been properly informed on the terms and conditions and the method of making a warranty claim for defects in the Goods and the Services, including information on where he/she can make a warranty claim, as well as on remedy provided at the expense of the Operator if the Operator is not liable for the defects.
  • If the Member/the Consumer is not satisfied with the manner in which the Operator handled his/her warranty claim, and if he/she believes that the Operator violated his/her rights, he/she is entitled to raise an objection with the Operator requesting a remedy by sending an e-mail to [email protected] If the Operator rejects the objection by the Member/the Consumer or if he/she fails to respond within 30 days of the date it was sent, the Member/the Consumer has the right to submit via the online Disputes Resolution platform (hereinafter referred the “DR Platform”) a proposal for initiating an alternative dispute resolution (hereinafter referred to as the “ADR entity”) in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for consumer disputes (hereinafter as the “ODR” regulation). ADR entities are bodies and authorised legal persons the list of which is maintained by the relevant state authority of a member state. The Member can submit his/her proposal via the website „https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN “.
  • If a defect concerns the Goods that are the subject of the provided Services, and if the nature of the provided Service allows it, the Operator may, instead of removing the defect, replace the Goods for other Goods that are free of defects and are of the same quality and quantity as the original Goods.
  • If the warranty claim is rejected, this does not relieve the Member of the obligation to fulfil the obligations arising from the Contract, particularly to pay the Service Fee, unless the Contractual Parties explicitly agree otherwise.
  1. NOTICES, DELIVERY
  • Any information, notices, withdrawal from the Contract or other submission of the Member shall be delivered by the Member in the form of a letter to the Operator’s registered office address, or to other address stated for the purposes of the delivery of such submission, or to the Operator’s e-mail address, or by means of his/her MA. If the Member delivers a submission in a form other than in the form of a letter or in the form that raises doubts about the content and authenticity of the submission, the Operator can ask him to deliver the original within 3 working days; submissions not supplemented in this way are not taken into account, unless agreed otherwise.
  • The Operator undertakes, in relation to the Daisuke Mission programme and the membership services further specified in the Special Terms and Conditions, to provide the Members customer support by telephone, email or chat on the websites (hereinafter referred to as the “Customer Support”) for the entire duration of their Membership. The Customer Support by telephone or email is available from Monday to Friday from 8:00am to 5:30pm except weekends and national holidays. The availability of the Customer Support may vary depending on the system availability and failures and on the maintenance of the Operator’s server, unexpected events on the part of the Operator and due to force majeure, which are outside the Operator’s control. Requests for support by telephone will be handled in the order in which they were received. Requests for support by email will be handled within one (1) working day. The Customer Support is available in English, German, French, Spanish, Italian, Polish, Hungarian, Czech and Slovak. The telephone numbers, email addresses and links to individual chats will be available on the Operator’s website daisukemission.org.
  • Any information, notice, reminder, invoice, pro forma invoice, withdrawal or other notice of the operator is delivered by the Operator to the Member always with regard to the nature of notice in one of the following ways:
    1. a registered letter to the correspondence of the Member, which is considered delivered on the day it was received by the Member. If the letter cannot be delivered this way for any reason, it is considered delivered on the last day of the storage period intended for the collection thereof after it was submitted to an entity entrusted with delivery (e.g. post office),
    2. an ordinary letter to the correspondence address of the Member, which is considered delivered on the fourth day after dispatch,
    3. over the phone, by SMS, fax or e-mail. Such a message is considered announced on the day it was sent to the Member’s telephone number or e-mail. A telephone call made, delivery of message to the voice mail or three vain attempts to make a telephone call is considered a delivery. A notice delivered via the MA on the Operator’s website is considered delivered on the day it is made available on the portal,
    4. publishing it on the website, at the operation premises or in other similar form, which is considered delivered at the moment it is published. This method of announcement does not apply to reminders, invoices, notices and withdrawals or other legal actions defined by a legal regulation,
    5. other suitable way.
  • All notices or other documents related to the Membership of the Daisuke Mission (particularly when ordering the Service and concluding the Contract as supposed in these GBC), which do not, under the generally binding legal regulations or under the Contract, require delivery in writing, will be delivered to the Member by the Operator in an electronic form to his/her relevant MA or his/her provided email address.
  • The Membership Applicant’s/the Member’s correspondence address is understood as the address which the Member stated in his/her MA as his/her correspondence address. If the Membership Applicant has not yet been assigned the MA or has not yet been given access to it, the correspondence address is considered to be the address stated in the Membership Application received and registered by the Operator.
  • The day on which the Member refuses to receive a consignment or on which a note is written on the consignment that the Member has moved, is unknown or a note of similar meaning and the Member did not announce his new address, is also considered a day of the delivery of such consignment. Consignments are delivered only within the national territory, unless agreed otherwise.
  • The Member undertakes to inform the Operator in writing of every change regarding his billing or tax details within 10 days of the occurrence of this change. Otherwise the Member is fully liable for damage caused by the failure to fulfil this obligation.
  1. PERSONAL DATA PROTECTION
  • Personal data protection is laid down in the relevant part of the personal data protection of Kulm LLC, available at the Operator’s website: org.
  1. GOVERNING LAW AND RESOLUTION OF DISPUTES
  • The law of the Slovak Republic applies to all relationships between the Operator and the Membership Applicant/the Member, regardless of the country in which the Goods are provided and which national is the service the Member. Relationships not not provided for in the Contract and the GBC, the Special Terms and Conditions or the related contracts are governed by relevant legal regulations of the Slovak Republic.
  • The Contractual Parties shall resolve disputes primarily amicably, by negotiation or agreement. If they fail to resolve a dispute amicably, in the case of a lawsuit the dispute shall be resolved by a general court under the legal regulations of the Slovak Republic, and if it is not possible to designate a court then the matter shall be forwarded at the first instance to the Košice District Court, unless the parties concluded a specific arbitration agreement.
  • The Member – consumers are entitled to use an online dispute resolution platform (hereinafter the “ODR”) in order to resolve their disputes in a language they shall select. The Member – consumer can make use of the ODR platform for the alternative resolution of his dispute. The platform is available at http://ec.europa.eu/consumers/odr/. When submitting his submission on the ODR platform, the Member – consumer shall complete an electronic complaint form. The information submitted must be sufficient to designate a competent entity of the on-line alternative dispute resolution. The Member – consumer can attach documents supporting his complaint.
  • The alternative dispute resolution applies only to a dispute between the Member/Consumer and the Operator, which arises from or which is connected with the Contract. The alternative dispute resolution applies only to distance Contracts The alternative dispute resolution does not apply to disputes within which the value of dispute does not exceed EUR 20.00. The ADR entity can require the Member/the Consumer to pay a fee for the commencement of the alternative dispute resolution of up to to EUR 5.00 including VAT.
  1. CHANGES AND VALIDITY OF THE GBC
  • The Operator is entitled to change and supplement the GBC. The change in or supplementation to the GBC is considered an amendment to contractual terms and conditions. The Operator is entitled to change the GBC, while amendment to the contractual terms and conditions primarily means a full or partial adjustment, change or cancellation of the provisions of the GBC (hereinafter referred to as the “amendment to the contractual terms and conditions”).
  • The Operator is entitled to amend the contractual terms and conditions for a reason agreed in the Contract or in any part of the Contract or for any of the following reasons:
    1. changes in conditions on the market on which the Services are provided;
    2. increase in the Operator’s costs associated with the provision of the Services;
    3. changes in inflation;
    4. changes in the Operator’s marketing strategy consisting mainly in the introduction, change or cancellation of the Services;
    5. legislative changes with a direct or an indirect impact on the contractual terms and conditions (including a change in the VAT rate or other payment); or
    6. the issuance of a decision by a competent public authority (including authorities of European Communities) which establishes the Operator’s obligation or right to amend the contractual terms and conditions.
  • The Operator, in announcing a GBC change, shall proceed by publishing them on his/her website. The Operator shall send the GBC, valid on the day of the Membership Applicant’s/the Member’s registration, to the MA after the completion of the registration.
  • The Operator is obligated to inform the Member of a substantial change in the contractual terms and conditions, which applies to the Member, at least one month before it enters into effect. A substantial change in the contractual terms and conditions means a unilateral change to the detriment of the Member related primarily to a change in the Service Fee, source and method of its calculation, a change in the quality and scope of the provided Services, or a change in the duration of the Contract or a change in those contractual terms and conditions on which the Operator and the Member agreed in the Contract in writing that they shall be deemed substantial.
  • A change, which is directly or indirectly caused by a change in a legal regulation or a decision of a competent public authority or an authority of the European Union is not considered a substantial change in the contractual terms and conditions.
  • If the Member does not agree with the substantial change in the contractual terms and conditions, he is entitled to withdraw from the Contract without sanctions, not later than within one month of the announcement of the substantial change. In such case, legal effects of withdrawal from the Contract shall occur as of the day on which changes in the contractual terms and conditions entered into effect. If the Member does not withdraw from the Contract due to a substantial change in the contractual terms and conditions in a way and within the deadline of one month, it is deemed that he agrees with the substantial change in the contractual terms and conditions.
  • The Operator shall inform the Member of information related to other changes in the contractual terms and conditions using one of the methods of announcement pursuant to clause 9 of the GBC, no later than on the day the change in the contractual terms and conditions entered into effect, unless, in specific cases, the Operator is obliged to announce the change sooner. Such change is valid on the day which the Operator indicated in a notice of the change in the contractual terms and conditions.
  • The GBC in their current wording apply to relationship between the Contracting Parties established by the Contract. Termination of the Contract does not apply to those provisions of the GBC which, with regard to their nature, are to survive until the full settlement of claim arising from the Contract, especially liability for damage, damage compensation and sanctions, choice-of-law rules.
  • If some of the provisions of the GBC becomes invalid, ineffective or unenforceable, other provisions shall remain in force. The Operator shall replace such a provision with a valid, effective and enforceable provision which will be as close to the principles stated in the GBC as possible, while preserving the purpose and meaning of the provision.
  • The GBC issued by the Operator ceases to be in force and effect always on the day new GBC issued by the Operator enter into force and effect. All Contracts and other agreements concluded before the new GBC between the Contracting Parties enter into effect and which were governed by the previous GBC, shall be governed by the new GBC as of the effective date of the new GBC, and they are considered Contracts concluded pursuant to the new GBC.
  • The provisions of this section also apply to the changes and validity of the Special Terms and Conditions, unless stated otherwise.
  1. FINAL PROVISIONS
  • These GBC become effective in relation to the Membership Applicant/the Member upon the submission of the Membership Application to the Operator. By sending his Order, the Membership Applicant/the Member confirms that he has read the GBC and fully agrees to them.
  • The GBC are primarily prepared in the English language and if they are translated into another language and if there are differences between language versions, the English language version takes precedence and is legally binding.
  • The GBC constitute an integral part of the Contact, and the information, rights and obligations stated in the GBC is information, rights and obligations provided to the membership Applicant/the Member before he sends the Membership Application.
  • The following appendices constitute an integral part of the GBC:
    1. The model form for cancelling membership of the Daisuke Mission loyalty programme.

 

Appendix No. 1 to the GBC

 

The model form for cancelling membership of the Daisuke Mission loyalty programme

MEMBERSHIP CANCELLATION APPLICATION

Name, surname, title:         .               ………………………………………………………………………………………..

Permanent address:                            …………………………………………………………………………………………

Telephone number/e-mail:                               …………………………………………………………………………………………

(hereinafter referred to as the “Member”)

I hereby terminate my membership of the Daisuke Mission Loyalty Programme, owned and operated by the Kulm LLC with registered office at 30N. Gould Street, Suite 5728, Sheridan 828 01, United States of America, in the matters related to its branch – Kulm LLC, organizačná zložka podniku zahraničnej osoby with it registered office at Gustáva Švéniho 37/8, 971 01 Prievidza, Slovakia, business ID: 50 906 429, registered in the Commercial Register of the District Court Bratislava I, section: Po, Insert no.: 4032/B, acting as the owner and operator of the Daisuke Mission loyalty programme (hereinafter referred to as the “Operator” or “Kulm LLC“)

 

The Member and the Operator confirm the correctness of the details with their signatures.

In ………………………, dated ………………., Member’s signature   ……………………………………….

In ………………………, dated ………………., Operator’s signature ……………………………………….

SPECIAL TERMS AND CONDITIONS OF THE COFFEE DELIVERY MEMBERSHIP SERVICE

(hereinafter referred to as the “STCCD”)

 

  1. GENERAL PROVISIONS

 

  • These STCCD are issued by the Kulm LLC with registered office at 30N. Gould Street, Suite 5728, Sheridan 828 01, United States of America, in the matters related to its branch – Kulm LLC, organizačná zložka podniku zahraničnej osoby with it registered office at Gustáva Švéniho 37/8, 971 01 Prievidza, Slovakia, business ID: 50 906 429, registered in the Commercial Register of the District Court Bratislava I, section: Po, Insert no.: 4032/B, acting as the owner and the operator of the Daisuke Mission loyalty programme and as the provider of the “Coffee Delivery” membership service (hereinafter referred to as the “Operator” or “Kulm LLC” for the purposes of laying down the rights and obligations arising from the contractual relationship between the Operator on the one hand and the person participating as a user of the Daisuke Mission loyalty programme, who is the Member and consumer (hereinafter referred to as the “Member”), on the other hand.
  • These STCCD form a part of the Special Terms and Conditions in accordance with clause 1.2 a) of the General Business Conditions of the Daisuke Mission programme available at daisukemission.org (hereinafter referred to as the “GBC”), which apply to the relationship between the Operator and the Member to the extent to which these STCCD do not provide otherwise. These STCCD are subject to the warranty claims policy and the personal data provisions, as well as to the interpretation of terms according to the GBC, unless these STCCD indicate a different term and define its interpretation.
  • As part of the Daisuke Mission programme, the Operator offers the “Coffee Delivery” service consisting in delivering selected coffee beans to the members of the Daisuke Mission programme at regular monthly intervals and under the conditions laid down in these STCCD.
  • The Operator provides the Coffee Delivery service to all Members for the entire duration of their Membership in accordance with the GBC within the scope specified by these STCCD.
  • These STCCD apply to the relationship between the Operator and the Member regarding the provision and use of the Coffee Delivery programme, and they do not form an integral part of the Contract for the Provision of the Coffee Delivery Service concluded in accordance with clause 2 of these STCCD (hereinafter referred to as the “Contract”).

 

  1. USE OF THE SERVICE, CONCLUSION AND DURATION OF THE CONTRACT

 

  • From the creation of his/her Membership, each Member of the Daisuke Mission programme is entitled to automatically use the Coffee Delivery membership service for the entire duration of the Membership.
  • The Membership Applicant shall, as part of the Membership Application online form, become familiar with these GBC, to which he/she agrees to by clicking the relevant box. Submitting the Membership Application, including acceptance of the STCCD, is considered to be a proposal to conclude the Contract. The Contract is concluded by receiving a confirmation email sent to the Member by the Operator to his/her email address registered as part of his/her MA.
  • The scope of the service provision depends on the Order the Member selects online form under the following conditions:
    1. Standard Order, as part of which the Member is sent 1 pack of coffee beans of a standard size (600g) on the tenth day of each calendar month, or
    2. Family Order, as part of which the Member is sent 1 pack of coffee beans of a family size (1,500g) on the tenth day of each calendar month.
  • The Coffee Delivery service does not include any additional charges over the rate set by the Service Fee in accordance with these STCCD but is conditional on due and timely payment of the Service Fee.
  • After specifying the Order as part of the Membership Application, the default settings of the scope of the service provision will also be applied to the Orders in the following calendar months. If the Member decides to change the scope of the service provision or change the Order for the following calendar months during the period of the Membership, he/she can do so via his/her MA or in other way in accordance with clause 9 of the GBC.
  • The Contract is concluded for an indefinite period of time. The Contract duration is tied to the duration and termination of the Membership of the Daisuke Mission programme. The expiration of the Membership also results in the expiration of the Contract.
  • In the case of a voluntary termination of the Membership by the Member, the Member is entitled to a refund of any paid Service Fee for the relevant calendar period for which the Goods will not be delivered to him/her due to the termination of the Membership.

 

  1. SERVICE FEE

 

  • The Service Fee is a fee for the Order submitted under the Coffee Delivery service.
  • The rate of the Service Fee, depending on the details selected in the Order, is as follows:
    1. € 60 (in words: sixty euros), if the Member ticked the Standard Pack box next to the Coffee Delivery service in the Order, or
    2. €150 (in words: one hundred and fifty euros), if the Member ticked the Family Pack box next to the Coffee Delivery service in the Order.
  • The Operator is entitled to change the Service Fee, the structure and the rate of the Service Fees depending on the Operator’s operating and business conditions.
  • Payment of the Service Fee can be completed by payment/credit card using payment portals or gateways.
  • Online credit card payment. As part of the details in the Membership Application, the Member shall state the required payment card details. When paying the first Service Fee by card, the payment will be completed via a payment portal after completing the transaction together with the creation of the membership. Then the same method will be used for the payment of the Service Fee on the payment due date of the following Service Fees. This action is completed by the Operator’s automated system. After the payment is credited to the Operator’s account, the Member will receive a confirmation of the completed payment in his/her MA. After his/her Membership has been created, the Member can use his/her account to change his/her payment card details and select a different delivery method in accordance with clause 9 of these GBC, which he/she specifies in his/her MA.
  • Online bank card payments are executed via the Barion system. The merchant does not get and store bank card data. Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013.
  • Whenever possible, the Service Fee shall be paid to the Operator automatically on the basis of the details provided by the Member on the fifth day before the last day on which the membership was guaranteed by the previous Service Fee. If a problem occurs in completing a payment in accordance with the previous clause, the Member will be requested via his/her MA and his/her email address to pay the Service Fee within 5 days of receiving the request. If he/she fails to pay the Service Fee to the Operator within this period, this shall be regarded as a breach of these GBC and a reason to terminate the Membership. The date of the payment is the day on which the full amount is credited to the Operator’s account.

 

  1. RIGHTS AND OBLIGATIONS OF THE OPERATOR

 

  • The Operator is entitled to the payment of the Service Fee at the rate determined by the selected scope of the service delivery, whose due and timely payment is a condition of the provision of the Coffee Delivery service as part of the Membership of the Daisuke Mission programme.
  • The Operator is obliged to provide the Coffee Delivery service and deliver the selected Goods in accordance with the Contract and these STCCD.
  • The Operator is entitled to restrict, suspend or stop the provision of the Coffee Delivery service for operating reasons on the part of the Operator, e.g. due to necessary administration, repair or maintenance of the Operator’s website, a misuse of the Coffee Delivery service or a serious breach of the obligations arising from the Contract, these STCCD or GBC, or the statutory obligations of a third person, even without prior written consent or notice to the Member.
  • The Operator is entitled to change the content of the Website at his discretion, to remove any part of the content or to fully suspend the operation of the Operator’s website, without prior consent or notice. Therefore, the Member can be permanently or temporarily blocked from access to the content of the Operator’s website and to his/her MA and to the Goods and Services; this is without prejudice to the Member’s obligation to duly fulfil his obligations arising from the Contract.

 

  1. RIGHTS AND OBLIGATIONS OF THE MEMBER

 

  • Before showing interest in the Goods and Services, the Member is obliged to thoroughly acquaint himself with the STCCD, the procedures for ordering the Goods and Services and the conclusion of the Contract.
  • The Member fully understands and explicitly accepts that since the Goods are coffee beans, they are considered to be goods that degrade quickly, which is associated with all the relevant legal consequences.
  • The Member is fully responsible for the content of his data in the Order. The data must be true and complete and must not be contrary to legal regulations, good manners, and he/she must not intervene into the rights and legally protected interests of the Operator and third parties. Before the Contract and during the Contract, the Member is fully responsible for the use of the Operator’s website and its operation.
  • The Member is obliged, without undue delay, to inform the Operator of any change of his/her details that he/she has entered in the Order, primarily the change of his/her e-mail address, otherwise he is accepts full responsibility and risks for possible failure to deliver notices and documents on the part of the Operator. If the Member does not inform the Operator of a change of his/her data, or if he/she states incorrect or incomplete details when submitting his/her Order, the Operator shall use the original data indicated in the Membership Application or the MA.
  • The Member is obliged to back up any information and documents that constitute the content of his/her entire contractual relationship (invoices, orders, confirmations of orders, personal data, etc.).
  • The Member accepts that the Operator will send him/her all information on the contractual relationship to his/her e-mail address indicated in the Order or to his/her MA on the Operator’s website.
  • The Member is obliged to duly receive the delivered Goods, which are the subject of the Coffee Delivery service, and to confirm receipt.
  • The Member is obliged to pay the Service Fee duly and timely.
  • The term of the Contract as it is defined further in the STCCD and the Contract represents a minimum duration of the Member’s obligations arising from the Contract and the STCCD.

 

  1. DELIVERY CONDITIONS

 

  • The Operator undertakes to deliver the Goods and the Services duly and timely in accordance with these STCCD and the requirements specified by the Member in the Order or the Contract.
  • By the Contract, the Operator undertakes, for the period of the Member’s Membership of the Daisuke Mission programme, to deliver the Goods to the Member once a month, while the Operator ships the Goods on the 10th day of the month. In the case of adverse weather (especially low temperatures) that can affect the quality of the Goods, the Operator reserves the right to deliver the Goods later, taking into account the above facts. If the above situation occurs, the Operator shall inform the Member about it without undue delay.
  • The Goods cannot be collected in person.
  • The ownership right to the Goods is transferred to the Member upon its receipt and full payment of the Service Fee for the relevant period.
  • The risk of damage to the Goods is transferred to the Member at the time he/she accepts the Goods from the Operator, or, if he/she does not do so on time, then at the time the Operator allows him/her to handle the Goods and the Member does not accept the Goods.
  • The Operator delivers the Goods as follows:
    1. by means of a shipping service;
    2. by a courier.

Individual transport modes are offered according to the current availability of individual services and with regard to capacity and distance.

  • The Member is obliged to receive the Goods at the location indicated in the Confirmation of the Order. If the Member does not accept the Goods within five working days after the expiration of the deadline stated in the Contract or the Confirmation of the Order without prior written submission of the Membership Cancellation Application, the Operator shall be entitled to a damage compensation in the amount of the actual costs of the failure to deliver the Order. After five working days from the day the Member was obliged to accept the Goods, the Operator is entitled to withdraw from the Contract.
  • The place indicated by the Operator in the Confirmation of the Order is the place of the delivery of the Goods, unless the Contractual Parties agree otherwise in the Contract.
  • If the Operator delivers the Goods to the Member to the place indicated in the Contract, the Member is obliged to accept the Goods or to make sure that the Goods are accepted by a person who is authorised, in his absence, to accept the Goods indicated in the Contract and to sign a protocol/confirmation of delivery and handover of the Goods. The person authorised to accept the Goods indicated in the Contract is obliged to submit to the Operator the original or a copy of the Contract and a written authorisation. If it is necessary to repeat the delivery of the Goods due to the absence of the Member in the place indicated in the Contract, all the costs associated with this shall be paid by the Member, especially the repeated delivery of the Goods in the place of delivery indicated in the Contract.
  • In the case of force majeure or the breakdown of the Operator’s information system, the Operator is responsible for the late delivery of the Goods.

 

  1. FINAL PROVISIONS

 

  • The rights and obligations not provided for in these STCCD are governed by the GBC and the Special Terms and Conditions to the extent to which they do not contradict these STCCD, and by generally binding legal regulations.
  • The STCCD are primarily prepared in the English language and if they are translated into another language and if there are differences between language versions, the English language version takes precedence and is legally binding.
  • The STCCD constitute an integral part of the Contact, and the information, rights and obligations stated in the STCCD is information, rights and obligations provided to the Member before he/she sends the Order.
  • From the moment of the termination of the Membership, the Operator is not obliged to ensure the provision of the Coffee Delivery service to the person whose Membership has been terminated.
  • The rules for unilateral changes to these STCCD made by the Operator are specified in clause 11 of the GBC.
  • These STCCD become effective on June 11, 2019.