2. Contract language
3. Conclusion of contract / price
4. Right of withdrawal / legal consequences
5. Delivery / shipping costs / risk transfer
6. Due date and payment, default
7. Offsetting, retention
8. Retention of title
9. Data protection
10. Liability for defects
11. Applicable law
12. Dispute settlement
All contractual relationships between the Kaffeemanufaktur Pohl's Mühle manufacturer Danai TzeTze (hereinafter referred to as "Kaffeemanufaktur") and their customers (hereinafter also and in so far regardless of the gender "customer" or "customer") are subject exclusively to the following general terms and conditions in their Valid version of the respective order. They apply to the delivery and delivery of goods that the customer (orderer) orders from Kaffeemanufaktur via the Internet, by email, in writing, in particular, but not exclusively, for orders via the website “http : //email@example.com “as well as future websites. Different terms and conditions of the customer (customer) do not apply, unless Kaffeemanufaktur expressly agrees to the validity of such terms and conditions in writing.
The language available for the conclusion of the contract is German.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. The customer's order represents a binding offer of the customer to Kaffeemanufaktur to conclude a purchase contract, which Kaffeemanufaktur has at its own discretion within 4 weeks after receipt of the offer. After placing an order with Kaffeemanufaktur , the customer receives an email confirming receipt of the order and listing its details (order confirmation). This order confirmation does not constitute acceptance of the offer, but merely an info email. A purchase contract is only concluded when Kaffeemanufaktur sends the ordered product to the customer. Any right of withdrawal by the customer remains unaffected. The prices and delivery conditions listed on the Kaffeemanufaktur website at the time the customer places an order are binding for the Kaffeemanufaktur . In the event of typing, printing and arithmetic errors, Kaffeemanufaktur is, however, entitled to withdraw from the contract.
All prices include VAT at the statutory rate. Kaffeemanufaktur does not offer any products for sale by minors.
The purchaser is entitled to cancel the purchase contract within 2 weeks by returning the goods received without giving reasons. The period begins with receipt of the goods. The timely dispatch of the goods is sufficient to meet the deadline. The goods must be returned to: Kaffeemanufaktur Pohl's Mühle, Nordenwall 24, 59065 Hamm. The right of withdrawal does not apply to perishable goods or goods whose return would exceed the expiry date.
In the event of an effective cancellation of the contract, the services received on both sides must be returned and any benefits (e.g. benefits of use) that have been drawn must be surrendered. In case of deterioration of the goods, compensation can be claimed. This does not apply if the deterioration of the goods can only be attributed to their inspection - as would have been the case in a retail shop. The customer can avoid the obligation to pay compensation by not using the goods like an owner and by refraining from anything that affects the value of the goods. In the event of a cancellation of the contract, the customer is obliged to bear the costs of returning a delivery of goods, the total order value of which is up to EUR 40.00 if the delivered goods correspond to the ordered goods.
Unless otherwise agreed, delivery is ex warehouse to the delivery address specified by the customer. The ordered goods are dispatched by post through the involvement of a corresponding company, DHL or others, at the applicable shipping conditions. The choice of the appropriate company is at the sole discretion of. Kaffeemanufaktur Information about the delivery period is non-binding, unless a delivery date in advance was binding and confirmed in writing by Kaffeemanufaktur . Partial deliveries are permitted insofar as this is reasonable for the customer.
Flat rate shipping costs: 3, - € to 750g - shipping within Germany
4.95 € from 750g - shipping within Germany
from 30, - € purchase value free shipping
Flat rate shipping: € 7.95 - shipping to Austria
Shipping costs to other countries are determined individually and by weight.
There is no minimum order quantity.
The risk of loss of the goods passes to the customer when the goods are handed over to the company commissioned with the dispatch of the goods.
You also have the option of picking up at Kaffeemanufaktur Pohl's Mühle, Nordenwall 24, 59065 Hamm, Germany during the following business hours: Tuesday, Thursday - Sunday: 12 a.m. - 6 p.m (Mo and We closed)
In the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.
You pay the invoice amount in cash upon collection.
We accept your order by sending a declaration of acceptance in a separate email within two days.
New customers can pay the purchase price by invoice or direct debit from the 3rd order. For security reasons, the first 2 orders can only be made in advance or PayPal payment. If the purchaser is in default of payment, Kaffeemanufaktur Pohl's Mühle is entitled to charge default interest of 5% above the base rate p. a. to promote. If Kaffeemanufaktur Pohl's Mühle demonstrably incurs a higher damage caused by delay, Kaffeemanufaktur Pohl's Mühle is entitled to assert this.
In the event of non-payment or return of a direct debit, the customer hereby irrevocably authorizes his bank to inform Kaffeemanufaktur Pohl's Mühle of his name and current address. Any return debit fees that are charged to Kaffeemanufaktur Pohl's Mühle for reasons for which the customer is responsible can be claimed by Kaffeemanufaktur Pohl's Mühle as damage to the customer.
The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by Kaffeemanufaktur Pohl's Mühle. In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
The delivered goods remain the property of Kaffeemanufaktur Pohl's Mühle until full payment by the customer.
All personal data will be treated confidentially. The data required for business processing is saved and, if necessary, passed on to companies entrusted with the processing of the order. For credit checks and credit monitoring, the address and credit data can be passed on to Schufa, 65203 Wiesbaden and other business information services for the duration of the customer relationship.
If there is a defect in the purchased item, Kaffeemanufaktur Pohl's Mühle is liable according to the statutory provisions, unless otherwise regulated below. The assignment of these claims by the customer is excluded.
The customer is obliged to notify Kaffeemanufaktur Pohl's Mühle of obvious defects in the delivered goods within two weeks after delivery of the goods (including by email). If the notification is not made within the aforementioned period, the warranty rights of the customer with regard to such obvious defects expire. This does not apply if Kaffeemanufaktur Pohl's Mühle has maliciously concealed the defect or has assumed a guarantee for the quality of the item. Unless otherwise stipulated below, other claims by the purchaser - regardless of the legal reason - are excluded. Kaffeemanufaktur Pohl's Mühle is in particular not liable for damage that has not occurred to the delivery item itself (consequential damage). Kaffeemanufaktur Pohl's Mühle is also not liable for loss of profit or other financial loss of the customer. If the liability of Kaffeemanufaktur Pohl's Mühle is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability does not apply if the cause of the damage is based on intent, gross negligence, the breach of an essential contractual obligation or in the event of injury to life, body and health of the customer. It also does not apply if the purchaser asserts legal claims that are independent of fault (e.g. according to the Product Liability Act). If Kaffeemanufaktur Pohl's Mühle negligently violates an essential contractual obligation, Kaffeemanufaktur Pohl's Mühle's obligation to pay compensation for property damage is limited to the damage that typically occurs.
The law of the Federal Republic of Germany applies exclusively to the contractual relationships between Kaffeemanufaktur Pohl's Mühle and the customer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/.
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. We are ready to participate in an extrajudicial arbitration procedure before a consumer arbitration board.
The general consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.consumer-schlichter.de is responsible.
Transcript from 9.2.2020