General terms and conditions with customer information

Table of Contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and dispatch conditions
  6. Retention of title
  7. Liability for defects
  8. Liability
  9. Applicable law, contract language
  10. Place of jurisdiction
  11. Alternative dispute resolution
  12. Code of Conduct

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Kaffee-Konzepte GmbH & Co. KG (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller using means of distance communication (e.g., telephone, e-mail, letter) exclusively through individual communication within the meaning of Section 312j (5) sentence 1 of the German Civil Code (BGB). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business, or profession when entering into a legal transaction.

2) Conclusion of Contract

2.1 The Customer may submit a non-binding request for a quotation to the Seller via e-mail, telephone, or post. In response to the request, the Seller shall provide the Customer - in text form (e.g., via e-mail or letter) - with a binding offer for the sale of the goods previously selected by the Customer from the Seller's product range.

2.2 The customer may accept this offer by submitting a declaration of acceptance to the seller via email or post, or by paying the purchase price quoted by the seller, within 7 (seven) days of receipt of the offer; the day on which the offer is received is not included in the calculation of this period. For acceptance by payment, the date on which the payment is received by the seller is decisive. If the last day of the period for accepting the offer falls on a Saturday, Sunday, or a public holiday recognized at the customer's place of business, the next business day shall apply instead. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound by the offer and is free to dispose of the goods otherwise. The seller will explicitly draw the customer's attention to this fact in the offer.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller's instructions on the right of withdrawal.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory VAT. Any additional delivery and shipping costs incurred will be specified separately in the seller's offer.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible, and which must be borne by the customer. These include, for example, costs for money transfers charged by financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the money transfer may also arise if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the seller's offer.

4.4 If prepayment via bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the "PayPal" payment method is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5) Delivery and Shipping Terms

5.1 Unless otherwise agreed, goods are delivered via shipment to the delivery address specified by the customer.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set out in the seller’s instructions on the right of withdrawal shall apply in the event of an effective exercise of said right by the customer.

5.3 If the customer acts as a business entity (entrepreneur), the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the goods to the freight forwarder, carrier, or other person or entity designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the customer only upon handover of the goods to the customer or a person authorized to receive them. By way of exception to this, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer - even in the case of consumers - as soon as the seller has handed over the goods to the freight forwarder, carrier, or other person or entity designated to carry out the shipment, provided the customer has commissioned said freight forwarder, carrier, person, or entity to perform the shipment and the seller had not previously named this person or entity to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply (i.e., failure of the seller's own supplier to deliver). This applies only if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed immediately, and any payment made shall be refunded without delay.

5.5 In the case of self-collection, the seller shall first notify the customer via email that the ordered goods are ready for pickup. Upon receipt of this email, the customer may collect the goods from the seller's place of business by prior arrangement with the seller. No shipping costs shall be charged in this case.

6) Retention of Title

6.1 With respect to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to business customers, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as a business customer, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising from such resale, up to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without processing or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims personally remains unaffected. However, the seller shall not collect the claims as long as the customer meets their payment obligations to the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects

Unless otherwise provided for in the following regulations, the statutory provisions regarding liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice regarding the method of supplementary performance;
  • the limitation period for rights regarding defects in new goods is one year from the delivery of the goods;
  • rights regarding defects are excluded for used goods;
  • the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions in time limits set out above do not apply

  • to claims for damages and reimbursement of expenses made by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • to goods that have been used for a structure in accordance with their customary use and have caused the defectiveness thereof,
  • to any existing obligation of the seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, statutory limitation periods regarding any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant (*Kaufmann*) within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to notify the seller accordingly. Failure to do so has no impact on the customer's statutory or contractual claims regarding defects.

8) Liability

The Seller is liable to the Customer for compensation for damages and expenses arising from all contractual, quasi-contractual, and statutory claims—including those based on tort—as follows:

8.1 The Seller is liable without limitation on any legal ground:

  • in the event of willful intent or gross negligence,
  • in the event of willful or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise stipulated in that regard,
  • based on mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the Customer may regularly rely.

8.3 Otherwise, any liability on the part of the Seller is excluded

8.4 The above liability provisions also apply to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable Law, Contract Language

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of the conclusion of the contract.

9.3 The language of the contract is German.

10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any event entitled to bring an action before the court at the customer's place of business.

11) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12) Code of Conduct

The seller has agreed to the terms of participation for the "Fairness im Handel" (Fairness in Trade) e-commerce initiative, which can be viewed online at http://www.fairness-im-handel.de/teilnahmebedingungen/.