General terms and conditions of Schön Kaffee - specialty roastery
1 Validity of the General Terms and Conditions
1.1 The website www.schoenkaffee.de is an offer from Schön Kaffee - Specialty Roasting, Daniel Schön, Untere Dorfstr. 18, 96138 Burgebrach (hereinafter referred to as "Seller").
1.2 The deliveries, services and offers of the seller are made exclusively on the basis of these general terms and conditions in the version valid at the time the contract was concluded, even if the offer is accessed from outside the Federal Republic of Germany. The seller does not recognize conflicting or deviating terms and conditions and hereby expressly contradicts them. Conflicting terms and conditions of the buyer are only used as a basis for the contract if the seller expressly agrees to them in writing.
1.3 Buyers can be both consumers and entrepreneurs. A "consumer" within the meaning of the following provisions is to be understood according to § 13 BGB as any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed activity.
1.4 According to § 14 BGB, an “entrepreneur” within the meaning of the following provisions is any natural or legal person who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2 Registration and conclusion of contract
2.1 The buyer has the option of creating a customer account on www.schoen Kaffee.de . This serves to simplify the ordering process, but is not a prerequisite for the buyer to be able to place orders.
2.2 The listing of the goods on www.schoen Kaffee.de does not constitute an offer by the seller to conclude a purchase contract. All offers of goods made by the seller are subject to change and non-binding.
2.3 The seller reserves the right to possible errors, misprints, technical or color changes, despite the greatest possible care.
2.4 The seller also assumes no liability for the correctness of the manufacturer's information.
2.5 The buyer's offer to conclude a purchase contract lies in the sending of the order by the buyer. By ordering the goods, the buyer makes a binding declaration that he wants to purchase the ordered goods.
2.6 The contract is concluded when a confirmation of receipt of the order is sent by e-mail.
2.7 Since some of the goods are natural, exclusive goods with limited availability, the seller reserves the right to limit the delivery quantities for large orders or to deliver them in several tranches or, if the total quantity is the same, in different packaging sizes than to be delivered ordered by the buyer.
2.8 If a contract has been concluded but the items ordered from the seller's supplier are not available in the foreseeable future despite a timely cover transaction, the seller reserves the right to withdraw from the contract in this respect. If the seller recognizes this, he will inform the buyer immediately and reimburse payments already made.
3 Delivery, Prices and Shipping
3.1 The prices shown on the homepage include sales tax, but not delivery and shipping costs.
3.2 Unless an expressly binding delivery date has been agreed, the delivery dates and delivery times are non-binding information only.
3.3 If the seller does not have an item in stock, it will deliver as soon as possible, subject to availability.
3.4 Delivery dates are only binding if they have been agreed in writing.
3.5 Cases of force majeure, traffic or operational disruptions, strikes, shortages of raw materials and the like lead to a reasonable extension of the delivery time. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
3.6 If not all items ordered are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the buyer.
3.7 The seller sends the ordered goods with DHL at the applicable prices depending on the total weight of the order.
4 Right of Withdrawal
Right of withdrawal
The buyer has the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your right of withdrawal, you must contact us
Schön Spezialitätenrösterei
Untere Dorfstr. 18
96138 Burgebrach
Email: info@schoenkaffee.de
Telephone: +49 174 2435590
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
You can use the model cancellation form in Section 4.1.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract
Schön Spezialitätenrösterei
Untere Dorfstr. 18
96138 Burgebrach
to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4.1 Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
At
Schön Spezialitätenrösterei
Untere Dorfstr. 18
96138 Burgebrach
Email: info@schoenkaffee.de
Telephone: +49 174 2435590
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
Date
(*) Delete where not applicable
5 Return Shipping Costs
The buyer has to bear the costs of the return if the delivered goods correspond to the ordered ones.
6 Warranty
6.1 If the delivery item is defective or if it lacks guaranteed properties or if it becomes defective within the warranty period due to manufacturing or material defects, the seller will deliver a replacement or make improvements at the discretion of the buyer. The seller can refuse the selected form of supplementary performance if this can only be carried out with disproportionate costs.
6.2 All complaints must be made in writing (e-mail, fax or letter) and should be addressed to the seller as soon as possible after the defect has occurred.
6.3 If an entrepreneur is a merchant, he can only assert claims from the warranty if he has complied with his obligations to examine and give notice of defects according to § 377 HGB.
6.4 The limitation period for warranty claims for the delivered goods is two years from receipt of the goods, one year for entrepreneurs.
7 Limitation of Liability
7.1 The liability of the seller is determined as follows:
7.1.1 For damages resulting from injury to life, limb or health or from an intentional or grossly negligent breach of duty by the seller or his vicarious agents, as well as in the case of the assumption of a guarantee - expressly designated as such - and in In the event of mandatory legal liability, in particular under the Product Liability Act, the seller is liable without limitation.
7.1.2 Otherwise, the liability of the seller and his vicarious agents is excluded, unless an obligation is violated, compliance with which is essential for the achievement of the purpose of the contract and on the fulfillment of which the buyer can therefore regularly rely ("essential contractual obligation"). In the event of a breach of an essential contractual obligation, the seller is also liable for slight negligence. In this case, however, liability is limited to the foreseeable, contract-typical damage. Otherwise, the seller is not liable for slight negligence.
7.2 The provisions of this Section 7 extend to compensation for damages in addition to performance, compensation for damages in lieu of performance and claims for compensation for wasted expenditure, regardless of the legal basis, including liability for defects, delay or impossibility.
7.3 The restrictions of this clause 7 also apply to the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
8 payment
8.1 The following payment methods are available to the buyer: payment in advance, invoice, Paypal
8.2 The seller reserves the right to exclude individual payment methods from the buyer. This applies in particular to first-time orders or orders with buyers whose creditworthiness is not guaranteed. In the course of the ordering process, the buyer will be informed about the payment methods available in individual cases.
8.3 Unless otherwise agreed, the payment period is 7 days after receipt of the goods.
8.4 The buyer is only entitled to offset if the counterclaim is undisputed or has been legally established or acknowledged in writing by the seller. The buyer can only exercise a right of retention if the claims result from the same contractual relationship.
9 Retention of Title
9.1. The seller retains ownership of the ordered goods until the purchase price has been paid in full.
9.2. If the buyer is an entrepreneur, the following also applies: The processing of the goods by the buyer is always carried out for the seller as the manufacturer. The buyer is entitled to process and sell the goods in the ordinary course of business, provided he is not in arrears with the payment of the purchase price. As a precaution, the buyer hereby assigns the claims resulting from the resale or further processing to the seller in the amount of the invoice value. The seller revocably authorizes the buyer to collect these claims. The revocation can only be exercised if the security of the purchase price claim is at risk.
10 Privacy
All personal data is treated confidentially in accordance with the provisions on data protection and is collected and processed exclusively in accordance with the provisions of the Federal Data Protection Act.
11 Online Dispute Resolution
The official platform of the EU Commission for online dispute resolution (OS platform) can be found here: http://ec.europa.eu/odr
12 Choice of Law, Place of Jurisdiction, Severability Clause
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the seller and the buyer, excluding the UN Sales Convention (CISG).
12.2 If the buyer is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, the seller's registered office is the agreed place of jurisdiction. The same applies if the buyer does not have a general place of jurisdiction or place of residence in Germany or if the usual place of residence is not known at the time the action is filed.
12.3 The following applies to registered buyers: the seller reserves the right to change these general terms and conditions for the future if this appears necessary and the interests of the buyer are not unreasonably affected. The need for changes can result in particular from the adjustment to changes in legislation and case law and from further development of the seller's services. Such changes to these General Terms and Conditions will be communicated to the buyer in an appropriate manner and with a highlighting of the changes by e-mail four weeks before the changes are scheduled to come into effect. At the same time, the seller will grant the buyer a reasonable period of at least four weeks to declare whether he accepts the changed general terms and conditions.
If the buyer does not object to the changed general terms and conditions within this period, calculated from the receipt of the e-mail with the announcement, the changed or supplementary general terms and conditions will become effective for him. In the information about the changes at the beginning of the period, the seller will specifically point out this legal consequence, ie the possibility of objecting, the period and the legal consequences, in particular with regard to a failure to object. This change mechanism does not apply to changes in the main contractual obligations of the parties.
12.4 Should one of the provisions in these terms and conditions be or become void, this shall not affect the validity of the other provisions. The relevant statutory provisions shall apply in place of the ineffective provision.