Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of the contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Term and Termination of Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Special Terms and Conditions for Assembly and Installation Services
10. Special Terms and Conditions for Repair Services
11. Redeeming promotional coupons
12. Redeeming gift certificates
13. Applicable Law
14. Place of jurisdiction
15. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter “GTC”) of Espresso Perfetto Deutschland GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These Terms and Conditions apply mutatis mutandis to contracts for the delivery of gift certificates, unless otherwise expressly provided.

1.3For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. For the purposes of these Terms and Conditions, a “business operator” is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into a legal transaction.

1.4Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods via a one-time delivery or the purchase of goods via a recurring delivery (hereinafter “Subscription Agreement”). Under the subscription contract, the Seller undertakes to deliver the contractually agreed goods to the Customer for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of the Contract

2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2 The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller via email or by mail.

2.3The 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 (or via email), in which case the date the customer receives the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4If you select a Payment Method offered by PayPal, payment processing Payment Method by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a Payment Method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button concluding the ordering process.

2.5 When a customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., via email or letter) after the customer submits their order. The Seller will not make the contract text available in any other way. If the Customer has created a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login credentials.

2.6Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7The contract may be concluded exclusively in German.

2.8Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1Consumers generally have the right to cancel.

3.2Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.

3.3The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are located outside the European Union.

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and Shipping Costs listed separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with 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.

4.3The available payment options are listed for the customer in the seller’s online store.

4.4If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5If the Payment Method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for use with “SOFORT,” authenticate themselves during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is executed immediately thereafter by “SOFORT” and the customer’s bank account is debited. The customer can find more detailed information about Payment Method online at https://www.klarna.com/sofort/.

4.6If a Payment Method offered via the “mollie” payment service is selected, payment processing Payment Method by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are communicated to the customer in the seller’s online store. To process payments, mollie may use additional payment services, for which special payment terms may apply, and to which the customer may be separately notified. Further information about “mollie” is available online at https://www.mollie.com/de/.

5) Delivery and Shipping Terms

5.1Unless otherwise agreed, goods will be shipped to the delivery address provided by the customer. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing system shall be decisive. Notwithstanding the foregoing, if Payment Method is selected as the Payment Method , the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2For goods delivered by a freight carrier, delivery is “curbside,” meaning to the public curb nearest the delivery address, unless otherwise specified in the shipping information on the Seller’s online store or otherwise agreed upon.

5.3If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.4The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.5For in-person pickup, the seller will first notify the customer via email that the ordered merchandise is ready for pickup. Upon receiving this email, the customer may pick up the merchandise at the seller’s place of business after coordinating with the seller. In this case, no Shipping Costs will be Shipping Costs .

5.6Vouchers are provided to the customer as follows:

– by email

6) Term and Termination of Subscription Contracts

6.1Subscription agreements are entered into for an indefinite term and may be terminated by the customer at any time without notice.

6.2The right to terminate the contract for cause remains unaffected. Cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.

6.3Notices of termination must be given in writing or in text form (e.g., by email).

7) Retention of title

If the seller delivers the goods in advance, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

8.1If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2Notwithstanding the foregoing, the following applies to used goods: Claims for defects are excluded if the defect arises more than one year after delivery of the goods. Defects that arise within one year of delivery of the goods may be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply

• for items that have been used in a building in accordance with their normal intended use and have caused the building’s defectiveness,
• for the customer’s claims for damages and reimbursement of expenses, as well as
• in the event that the seller fraudulently concealed the defect.

8.3If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

9) Special Terms and Conditions for Assembly and Installation Services

If, under the terms of the contract, the seller is responsible not only for delivering the goods but also for assembling or installing them at the customer’s premises, as well as for any necessary preparatory work (e.g., taking measurements), the following shall apply:

9.1The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the Seller. In doing so, the Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s service description, the Customer shall have no right to select a specific person to perform the requested service.

9.2The Customer must provide the Seller with all information necessary for the performance of the agreed services in a complete and truthful manner, unless the contract specifies that obtaining such information is the Seller’s responsibility.

9.3After the contract is concluded, the Seller will contact the Customer to schedule an appointment for the services to be provided. The Customer shall ensure that the Seller or its designated personnel have access to the Customer’s relevant facilities at the agreed time.

9.4The risk of accidental loss or accidental deterioration of the goods sold shall not pass to the customer until the installation work has been completed and the goods have been handed over to the customer.

10) Special Terms and Conditions for Repair Services

If, under the terms of the contract, the seller is obligated to repair an item belonging to the customer, the following applies:

10.1Repair services shall be performed at the Seller’s place of business.

10.2The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the Seller. In doing so, the Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s service description, the Customer shall have no right to select a specific person to perform the requested service.

10.3The Customer must provide the Seller with all information necessary for the repair of the item, unless the Seller is contractually obligated to obtain such information. In particular, the Customer must provide the Seller with a detailed description of the defect and inform the Seller of all circumstances that may have caused the defect.

10.4Unless otherwise agreed, the customer must ship the item to be repaired to the seller’s place of business at the customer’s own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the package. The Seller will immediately inform the Customer of any obvious transport damage so that the Customer can assert any rights they may have against the carrier.

10.5The customer is responsible for the cost of returning the item. The risk of accidental loss or accidental deterioration of the item passes to the customer upon delivery of the item to a suitable carrier at the seller’s place of business. At the customer’s request, the seller will take out shipping insurance for the item.

10.6The customer may also deliver the item to be repaired to the seller’s place of business and pick it up from there if this is specified in the seller’s description of services or if the parties have reached a corresponding agreement. In this case, the above provisions regarding the allocation of costs and risk in connection with the shipment and return of the item shall apply accordingly.

10.7The foregoing provisions do not limit the Customer’s statutory rights regarding defects in the event of a purchase of goods from the Seller.

10.8The seller shall be liable for defects in the repair services provided in accordance with the provisions of statutory liability for defects.

11) Redeeming promotional coupons

11.1Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”), may only be redeemed in the Seller’s online store and only during the specified period.

11.2Promotional coupons may only be redeemed by consumers.

11.3Certain products may be excluded from the coupon promotion if the terms of the promotional coupon specify such a restriction.

11.4Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.

11.5Only one promotional coupon may be redeemed per order.

11.6The value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

11.7If the value of the promotional coupon is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

11.8The value of a promotional voucher cannot be redeemed for cash and does not accrue interest.

11.9The promotional voucher is non-refundable if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

11.10The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online store. This does not apply if the Seller has knowledge of, or is grossly negligent in failing to recognize, the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

12) Redeeming gift certificates

12.1Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the Gift Certificate.

12.2Gift certificates and any remaining balance on gift certificates are valid until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

12.3Gift certificates can only be redeemed before the order process is completed. They cannot be applied retroactively.

12.4Only one gift certificate may be redeemed per order.

12.5Gift certificates may only be used to purchase merchandise and not to purchase additional gift certificates.

12.6If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

12.7The balance of a gift certificate cannot be redeemed for cash and does not accrue interest.

12.8The gift certificate is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the seller’s online store. This does not apply if the seller has knowledge of, or is grossly negligent in failing to recognize, the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

13) Governing Law

13.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

13.2Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are located outside the European Union.

14) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within 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 place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business 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 activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

15) Alternative Dispute Resolution

15.1The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

15.2The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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