- Scope of Application
- Goods and services offered and description of the same
- Ordering process and conclusion of contract
- Prices and delivery charges
- Delivery, availability of goods
- Payment facilities
- Retention of title
- Warranty for defects in material and/or workmanship and guarantee
- Access to contract text
- Data protection
- Place of jurisdiction, applicable law and contract language
1. Scope of Application
1.1. Only the following general terms and conditions of business in the version applicable on the date of order placement shall apply to the business relationship between Exclusive Coffee, proprietor: Ugur Ilter, Kaiser-Augusta-Allee 101-103, 10553 Berlin, Germany (hereinafter “Seller”) and the customer (hereinafter “Customer”).
1.2. If you have any questions, complaints or are dissatisfied with the quality of the goods or services provided by us, you can contact our customer services department Mondays to Fridays from 9:00/9am to 16:00/4pm via email at firstname.lastname@example.org.
1.3. In the context of these general terms and conditions of business, the term consumer means any natural person or individual entering into a legal transaction for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession (Section 13 BGB German Civil Code).
1.4. Exclusive Coffee does not accept any deviating or contradictory terms and conditions referred to or otherwise imposed by the Customer unless otherwise expressly agreed.
2. Goods and services offered and description of the same
2.1. The offer of products for sale in the online shop does not equal a legally binding offer but rather an invitation to place an order. Descriptions of the goods and services offered in catalogues and also on the Seller’s websites do not have the character of a warranty or guarantee.
2.2. Unless stated otherwise, “Subject to availability” applies to all offers and products; errors and omissions excepted.
3. Ordering process and conclusion of contract
3.1. The Customer may choose products from the range of products sold by the Seller without any obligation, and place these in a so-called “shopping cart” by clicking on the “Add to shopping cart” button. From this shopping cart, the Customer may then proceed to concluding the ordering process by clicking on the “Go to checkout” button.
3.2. The Customer submits a binding statement of their intention to purchase the products placed in the shopping cart by clicking on the “Buy” button. The Customer may amend or access the data at any time before submitting the order. Mandatory fields are marked with an asterisk (*).
3.3. The Seller will then send the Customer an automated receipt of order confirmation via email, which contains a further summary of the Customer’s order and which the Customer can print out via the “Print” command (order confirmation). The automated receipt of order confirmation merely documents that the Seller has received the Customer’s order, and does not equal acceptance of the order. A sales contract shall be concluded only when the Seller dispatches or hands over the product(s) ordered to the Customer within 2 days or has explicitly confirmed the dispatch within 2 days in the form of a second email, explicit order confirmation or by the submission of an invoice.
3.4. Should the Seller allow payment in advance as a payment option, the contract shall be concluded with the supply of the bank details and the request for payment. If the Seller does not receive the payment within ten days of the dispatch of the order confirmation, despite the fact that it is due and despite a subsequent respective reminder, the Seller shall withdraw from the contract with the consequence that the order is considered nil and void, and the Seller shall not be obliged to deliver. Both Seller and Customer shall then consider the contract as discharged without any further consequences. If payment in advance is the chosen payment option, the goods ordered will therefore be held for a maximum of ten calendar days.
4. Prices and delivery charges
4.1. German VAT at the currently applicable rate is included in all prices stated on the Seller’s website.
4.2. In addition to the prices stated, the Seller will charge a delivery charge for the dispatch of the goods. The buyer is informed of the delivery charges on a separate information page, and these are also clearly stated in the course of the ordering process.
5. Delivery, availability of goods
5.1. If payment in advance was agreed, the goods shall be delivered once the payment has been received.
5.2. If some of the products ordered are out of stock, the Seller shall be entitled to deliver in instalments, provided this does not inconvenience the Customer. The Seller shall bear the costs associated with any such partial deliveries.
5.3. Should the delivery of the goods to the buyer fail despite three attempts and provided the buyer can be deemed to be responsible for these failed attempts, the Seller shall have the right to withdraw from the contract. In this event, the Seller shall immediately return any payments already received to the Customer.
5.4. If the product ordered is out of stock because the Seller’s supplier has failed to deliver this product through no fault of their own, the Seller shall be entitled to withdraw from the contract. In this event, the Seller shall inform the Customer immediately of this circumstance and, if appropriate, shall offer to supply a comparable product. If a comparable product is not available, or if the Customer objects to the supply of a comparable product, the Seller shall immediately return any payments or other considerations already received.
5.5. Customers are informed about delivery times and restrictions (e.g. restriction of deliveries to particular countries) on a separate information page or in the respective product description.
6. Payment facilities
6.1. In the course of the ordering process and prior to its conclusion, the Customer can select one of various payment options offered. Customers are informed about the available choice of payment methods on a separate information page.
6.2. If payment on receipt of invoice is one of the options offered, payment is due within 30 days of receipt of the goods and the invoice. Payment must be made in full and in advance if one of the other payment methods is selected.
6.3. If third party service providers, e.g. PayPal, are commissioned with the payment processing, their general terms and conditions of business apply.
6.4. If the invoice specifies a calendar date as the due date, the Customer shall be considered to be in default as soon as this payment deadline has passed. In this case, the Customer must pay the interest on the arrears the Seller is legally entitled to charge.
6.5. The Customer’s obligation to pay interest on arrears does not prevent the Seller from seeking further compensation for damages resulting from these arrears.
6.6. The Customer may offset monies only if a court has judged the Customer’s counterclaims to be justified or if the Seller has officially recognised these counterclaims to be justified. The Customer may only assert their lien in as far as the claims result from the same contractual relationship.
7. Retention of title
The goods delivered shall remain the property of the Seller until paid for in full.
8. Warranty for defects in material and/or workmanship and guarantee
8.1. The statutory warranty rights apply.
8.1. The goods delivered by the Seller shall be covered by a guarantee only if the Seller has expressly given such a guarantee. Customers are informed of the guarantee conditions before the ordering process is set in motion.
9.1. Notwithstanding any other legally defined prerequisites, the following liability exclusions and limitations shall apply to the Seller’s liability for damages.
9.2. The Seller has unlimited liability for damages where these damages were caused deliberately or are the result of gross negligence.
9.3. The Seller shall further be liable for ordinary negligence towards principal obligations that may prevent the contract from being discharged, or for negligence towards obligations that must be fulfilled to allow the contract to be discharged properly and which the Customer may ordinarily expect the Seller to fulfil in good faith. However, in this case, the Seller shall be liable only for foreseeable damages typical for this type of contract. The Seller shall not be liable for the ordinary negligence of any obligations other than those specified above.
9.4. The above limitation of liability does not apply to claims arising from injury to life, limb or health, nor does it apply to a defect subsequent to the giving of a guarantee for the product properties and to defects concealed with fraudulent intent. Any liability under the product liability regulations remains unaffected.
9.5. In as far as the Seller’s liability is excluded or limited, this also applies to the personal liability of the Seller’s employees, representatives or agents.
10. Access to contract text
10.1. For storage purposes, the Customer may print out the contract text prior to order placement by printing the text in the last step of the ordering process via the browser print button.
10.2. The Seller will also send the Customer an order confirmation that contains all order details via email to the email address provided. This order confirmation will also be accompanied by a copy of the general terms and conditions for business and the cancellation policy, as well as information regarding the delivery charges and also information regarding the delivery and payment terms. If you became a registered customer when you visited our shop, you can also view all orders you have placed by accessing your customer profile. Beyond this, we will also store the text of the contract, although we will not make it available online.
11. Data protection
11.1. The Seller processes the Customer’s personal data for the agreed purposes only and in accordance with the law.
11.2. The Seller uses the personal data provided for the purpose of ordering goods (e.g. name, email address, postal address, payment details) for contract fulfilment and processing. This data is treated as confidential and is not passed on to third parties not involved in the ordering, delivery or payment process.
11.3. The Customer has the right to apply to the Seller for information about the personal data stored free of charge. The Customer further has the right to ask the Seller to amend incorrect data, to delete their personal data or to restrict access to this data providing no legal requirement to store this data applies.
12. Place of jurisdiction, applicable law and contract language
12.1. Provided the Customer is a registered trader, a legal entity or a public sector agency subject to German public law, the place of fulfilment and jurisdiction shall be the registered office of the Seller.
12.2. The contract language is german.