General terms and conditions for end customer business
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION (END CUSTOMERS B2C)
TABLE OF CONTENTS
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and Terms of Payment
- Terms of delivery and dispatch
- Duration and termination of subscription contracts
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Caffè Cultura GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.4 Depending on the Seller's product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to supply the customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer may submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
2.6 When an offer is made via the Seller's online order form, the text of the contract will be stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
2.7 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract. 2.9 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) RIGHT OF WITHDRAWAL
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 BIn the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "PayPal Credit" (payment by instalments via PayPal) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal Credit" to the customer in case of a negative check result. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the seller's online shop. In this case, he can only pay PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim.
4.6 If the payment method "SOFORT" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.
4.7 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. The Seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless he is given a different payment deadline by PayPal. In this case, he can only make payment to PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim. In addition, the General Terms and Conditions of Use for the Use of PayPal's Purchase on Account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.8 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution for the chargeback if he is responsible for this.
4.9 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms and conditions of Klarna can be found in the Seller's payment information, which can be viewed at the following Internet address: Please create a separate page for your online shop on which you inform about the payment options you offer " K L A R N A ".
5) DELIVERY AND SHIPPING CONDITIONS
5.1 Goods shall be delivered by dispatch to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.
5.2 In the case of goods delivered by forwarding agent, delivery shall be made "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.
5.4 Self-collection is not possible for logistical reasons.
5.5 Vouchers shall be provided to the Customer as follows:
- by e-mail
- by post
6) DURATION AND TERMINATION OF SUBSCRIPTION CONTRACTS
6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the customer at the end of any month.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Notice of termination must be given in writing or in text form (e.g. by e-mail).
7) RESERVATION OF OWNERSHIP
If the Seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.
8) LIABILITY FOR DEFECTS (WARRANTY)
8.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
8.2 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
9) REDEMPTION OF PROMOTION VOUCHERS
9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10) REDEMPTION OF GIFT VOUCHERS
10.1 Gift vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.
10.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Several gift vouchers can be redeemed for one order.
10.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase additional Gift Vouchers.
10.6If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.
10.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
11) APPLICABLE LAW
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12) PLACE OF JURISDICTION
If the customer is 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 shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be 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. However, in the aforementioned cases, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
13) CODE OF CONDUCT
The Seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.
14) ALTERNATIVE DISPUTE RESOLUTION
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.