Our general terms and conditions are binding with sending your order to us.
All offers, deliveries and services are made exclusively on the basis of these terms and conditions. This also applies to all future offers and orders, even if not
again expressly agreed. Deviating conditions of the customer are not acknowledged.
2. Offer and conclusion of contract
All offers and information, including in brochures, advertisements, etc., are non-binding. Additional agreements, changes or additions require a written agreement.
Our prices are, unless otherwise stated, plus VAT. The purchaser has to pay the freight costs. We chosse the kind of shipping and packaging.
4. Delivery times
Unless otherwise agreed, the delivery will be made to the delivery address specified by the customer. Delivery dates or deadlines are not binding unless otherwise agreed. Delivery and Delays in performance due to force majeure and events that make our delivery considerably more difficult or impossible without our own fault entitle us, who Delivery for the duration of the hindrance plus a reasonable start-up time to postpone or because of the unfulfilled part in whole or in part to withdraw from the contract.
5. Shipping and transfer of risk
Delivery is at the expense and risk of the customer. The risk passes to the purchaser, as far as the consignment has been handed over to the person carrying out the transport or for the purpose of shipment has left the business premises. If the delivery delay is based on the request of the customer, the risk is transferred with the notification of readiness for shipment.
The warranty rights of the customer presuppose that he has duly fulfilled his duties of inspection and complaint pursuant to § 377 HGB. The complaint has tob e made in written form. In the case of legitimate complaints we are entitled, in the context of supplementary performance acc. § 439 BGB to make an elimination of the defect.
The warranty does not cover damage and defects caused by the customer due to natural wear, special stress or even humidity, by temperature and temperature Light exposure or improper treatment arise. Warranty claims can only be asserted in the case of timely fulfillment of all payment obligations existing in relation to Kaffee-Konzepte. We only accept liability for written information about the use of the ordered goods.
Further claims for damages are excluded insofar as legally permissible. The warranty is granted for a period of 1 year. The period begins with the day of commissioning of the device. A supplementary performance does not lead to an extension of the original Warranty period. As far as a further warranty obligation or a guarantee of the manufacturer exists, Kaffee-Konzepte will assign the customer the corresponding claims or these for the customer claim.
Kaffee-Konzepte assumes the warranty obligations only if the following conditions are met:
- The delivered machine is operated exclusively with products intended for such devices.
- The device is cleaned regularly according to the cleaning instructions of the manufacturer.
- The cleaning must be documented according to the food hygiene regulations.
- The device is regularly maintained according to the maintenance schedule of the manufacturer. Maintenance is carried out by trained personnel or by a specialist company and must also be documented.
- The warranty claims must be made in written form within 2 weeks after discovery of the defect to Kaffee-Konzepte.
Exceptions to this are:
- Material defects and damage caused by incorrect operation, disregard of the instructions for use, failure to comply with cleaning and maintenance instructions, lack of maintenance or other improper treatment on the part of the customer or a third party (for example, operating errors, incorrect installation, incorrect connection, willful damage, etc.)
- Damages and losses caused by the appliance or use of the appliance, as well as damages resulting from fire, explosion, flooding or other ingress of water or natural events (such as lightning, storm, frost, other weather conditions) are due.
- Material defects and damage caused by intervention (for example, repairs, changes) by unauthorized persons in the device.
- Material defects and damages due to excessive use of the device (e. g. use of the coffee machine with excessive hourly or daily output).
- Material defects and damages caused by external influences (e. g. shock, impact, fall) and transport damages.
- Material defects and damages resulting from the use of unsuitable software or inappropriate components (e. g. water filters, payment systems).
- Parts of equipment which are subject to wear as intended, e.g. Seals, control lights, switches, grinding discs, filters and temperature controls.
- Equipment in which the serial number has been removed or destroyed, as well as used equipment
Material defects, damages and malfunctions that are attributable to the following causes:
- Calcification and inadequate water quality
- Foreign matter in the coffee grinder
- High current peaks / voltage fluctuations
- Use of unsuitable products or components
7. Limitation of Liability
For claims for damages - for whatever legal reason - we are only liable if we or our vicarious agents are in charge of intent or gross negligence. The limitation of liability does not apply to injury to body, life or health. Liability under the Product Liability Act or from any producer liability remains also unaffected by the limitation of liability.
8. Late payment
If the customer is in arrears with payments for deliveries of goods, we are entitled to carry out further deliveries only by cash on delivery.
If the purchaser is in default of rental or installment contracts with at least two partial payments and the default amount at least 10% of the installment or the remaining rental claim based on the contract period is, the entire residual debt of the purchaser immediately due for payment. Appropriate payments are accepted subject to all rights.
9. Cancellation of a contract
We can withdraw from the contract if the ordered goods are not procured due to a non-delivery for which we are not responsible, or only under considerably more difficult conditions. We can also rescind if there are reasonable doubts that the purchaser fulfills his contractual obligations. This is especially true for incorrect or incomplete information of the customer about facts that determine his creditworthiness. The customer reserves the right to dispel the concerns by cash.
10. Retention of title
The goods remain our property until the fulfillment of all claims that we have against the customer now or in the future. The customer may use the reserved goods, as far as they are not for consumption is determined, not dispose. The purchaser is obliged to treat the goods with care, to keep them in their care, not to conclude any obligation and disposition agreements concerning them and us promptly report any damage or alteration or enforcement action to the goods in written form.
11. Set-off / Retention / Compensations of payments
The customer can only set off against undisputed or legally established claims. Rights of retention can only be exercised if they result from the same
Establish contractual relationship. All payments are to be charged according to the legal regulations.
12. Severability clause
If any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. An ineffective or incomplete regulation shall be replaced by one that most closely approximates to those intended by the parties in a legally permissible manner.
13. Place of Performance & Jurisdiction
Place of performance & jurisdiction is the buisiness location of the company Kaffee-Konzepte, Bad Schwartau, Germany. The German law applies.