General terms and conditions with customer information
Table of Contents
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
9. Applicable law, contract language
10. Place of jurisdiction
11. Alternative dispute resolution
12. Code of Conduct
1.1 These general terms and conditions (hereinafter "GTC") of Kaffee-Konzepte GmbH & Co. KG (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller using means of distance communication (e. g. B. Telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of $ 312j, (5) (1) of the German Civil Code (BGB). We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these General terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these General terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The customer can send a non-binding request to submit an offer to the seller by phone, fax, email or post. At the customer's request, the seller sends the customer a binding offer to sell the goods previously selected by the customer from the seller's range in text form (e. g. by e-mail, fax or letter).
2.2 The customer can accept this offer by sending a declaration of acceptance to the seller by fax, e-mail or post or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby for the calculation of the deadline the day on which the offer is received is not included. The day on which the payment is received by the seller is decisive for acceptance by payment. If the last day of the deadline for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's headquarters, the next working day will take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound to his offer and can freely dispose of the goods again. The seller will specifically point this out to the customer in his offer.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 The prices quoted are total prices that include VAT, unless otherwise stated in the seller's product description. If necessary, additional delivery and shipping costs are specified separately in the offer of the seller.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even 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 payment options will be communicated to the customer in the offer of the seller.
4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
5) Delivery and dispatch conditions
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the provisions in the seller's cancellation policy.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the case of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller, and the seller has, with due care, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. If the goods are not available or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. Upon receipt of this e-mail, the customer may collect the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
6) Retention of title
6.1 In relation to consumers, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application is made to open insolvency proceedings.
7) Liability for defects
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one year from the transfer of risk;
- the rights and claims due to defects are generally excluded for used goods;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and shortened deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have
caused its defectiveness,
- for any existing obligation on the part of the seller to provide updates for digital products in
the case of contracts for the delivery of goods with digital elements.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant in the sense of the law § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are deemed to be approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
- in the case of intent or gross negligence,
- in the case of willful or negligent injury to life, limb or health,
- based on a promise to guarantee, unless otherwise regulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the above paragraph. Significant contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.
8.3 For the rest, liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his 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 on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
9.2 Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
9.3 The contract language 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 in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to appeal to the court at the customer's registered office.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative “Fairness in Commerce”, which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.