General Terms and Conditions with Customer Information

Table of Contents

1. scope of application
2. conclusion of contract
3. right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Contract term and termination of subscription contracts
7. retention of title
8. Liability for defects (warranty)
9. Special conditions for assembly/installation services
10. Special conditions for repair services
11. Redeeming promotional vouchers
12. Redeeming gift vouchers
13. Applicable law
14. jurisdiction
15. Alternative dispute resolution

1) Scope of application

1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Espresso Perfetto Deutschland GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented 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 General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4Depending on the seller's product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a permanent delivery (hereinafter referred to as "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually agreed goods to the customer for the duration of the agreed contract period at the contractually agreed intervals.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or post.

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 email), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time when one of the aforementioned alternatives occurs first. 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 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 Use, 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 its acceptance of the customer's offer at the moment the customer clicks the button to complete the ordering process.

2.5 When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email or letter) after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending 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 data.

2.6Before bindingly submitting 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 of better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7The contract may only be concluded in German.

2.8Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3The right of withdrawal does not apply to consumers who are not citizens of a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and Shipping Costs indicated 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 for money transfers 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 money 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 payment option(s) will be communicated to the customer in the seller's online shop.

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

4.5If the Payment Method is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account that is activated for participation in "SOFORT," identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more information about Payment Method on the Internet at https://www.klarna.com/sofort/.

4.6If a Payment Method offered via the payment service "mollie" 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 will be communicated to the customer in the seller's online shop. To process payments, mollie may use other payment services for which special payment terms may apply, which will be communicated to the customer separately if necessary. Further information about "mollie" is available on the Internet at https://www.mollie.com/de/.

5) Delivery and shipping conditions

5.1Unless otherwise agreed, goods shall be delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller's order processing shall be decisive for the transaction. Notwithstanding this, if Payment Method is selected as the Payment Method , the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2For goods delivered by a shipping company, delivery is "free kerbside," i.e., to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3If 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 does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's withdrawal policy shall apply to the return shipping costs.

5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This shall only apply if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5In the case of self-collection, the seller will first inform the customer by email that the goods they have ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's premises by arrangement with the seller. In this case, no Shipping Costs will Shipping Costs .

5.6Vouchers are provided to the customer as follows:

– by email

6) Contract term and termination of subscription contracts

6.1Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without notice.

6.2The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all 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 expiry of a notice period.

6.3Terminations must be made in writing or in text form (e.g., by email).

7) Retention of title

If the seller makes advance delivery, he retains ownership of 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 above, the following applies to used goods: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that become apparent within one year of delivery of the goods can 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 for a building in accordance with their normal use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

8.3If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery service and to inform the seller thereof. Failure to do so shall not affect the customer's statutory or contractual rights in respect of defects.

9) Special conditions for assembly/installation services

If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises and, if necessary, for any preparatory measures (e.g., measurements), the following applies:

9.1The seller shall provide its services at its discretion either in person or through qualified personnel selected by it. In doing so, the seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller's service description, the customer shall not be entitled to select a specific person to perform the desired service.

9.2The customer must provide the seller with all information necessary for the performance of the service owed in a complete and truthful manner, unless the procurement of such information does not fall within the scope of the seller's obligations according to the content of the contract.

9.3After conclusion of the contract, the seller shall contact the customer to arrange an appointment for the performance owed. The customer shall ensure that the seller or the personnel commissioned by the seller has access to the customer's relevant facilities at the agreed time.

9.4The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.

10) Special conditions for repair services

If, according to the content of the contract, the seller is obligated to repair an item belonging to the customer, the following shall apply:

10.1Repair services shall be provided at the seller's place of business.

10.2The Seller shall perform its services at its discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller's service description, the Customer shall not be entitled to select a specific person to perform the desired service.

10.3The customer must provide the seller with all information necessary for the repair of the item, unless the procurement of such information does not fall within the scope of the seller's obligations under the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may have caused the defect.

10.4Unless otherwise agreed, the customer shall send the item to be repaired to the seller's registered office at their own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights they may have against the carrier.

10.5The item shall be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable transport person at the seller's place of business. At the customer's request, the seller shall take out transport insurance for the item.

10.6The customer may also bring the item to be repaired to the seller's place of business and collect it again from there if this is specified in the seller's service description or if the parties have agreed accordingly. In this case, the above provisions on the bearing of costs and risks for shipping and return shipping of the item shall apply accordingly.

10.7The aforementioned provisions do not limit the customer's statutory rights in the event of a defect in goods purchased from the seller.

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

11) Redemption of promotional vouchers

11.1Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

11.2Promotional vouchers can only be redeemed by consumers.

11.3Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.

11.4Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.5Only one promotional voucher can be redeemed per order.

11.6The 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.

11.7If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.8The credit balance of a promotional voucher will not be paid out in cash or bear interest.

11.9The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

11.10The promotional voucher is transferable. The seller can redeem it with liberating effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.

12) Redemption of gift vouchers

12.1Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

12.2Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

12.3Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

12.4Only one gift voucher can be redeemed per order.

12.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

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

12.7The credit balance of a gift voucher will not be paid out in cash or bear interest.

12.8The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.

13) Applicable 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 movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13.2Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

14) Place of jurisdiction

If the customer is acting 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 shall be the registered office of the seller. 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 activity. In the above cases, however, the seller shall in any case be entitled to bring an action before the court at the customer's place of business.

15) Alternative dispute resolution

15.1The 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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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

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