AGB
§ 1 General information
1. The following General Terms and Conditions of Business in their currently valid version apply to business relationships of any kind between FG Kaffee GmbH, Gandershofen 2, 82390 Eberfing and the customer. Customers can be both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity (Section 14 BGB).
2. The presentation of the products in the online shop does not constitute a legally binding offer, but only a non-binding online catalogue of the range of goods. By clicking on the ‘Buy’ button, the customer places a binding order for the goods contained in the shopping basket. A confirmation of receipt of the order follows immediately after the order has been sent. The purchase contract is only concluded with our separate order confirmation. The text of the contract is saved and the order data and the General Terms and Conditions are sent to the customer by e-mail. All previous orders can be viewed by the customer in the login area.
3 FG Kaffee GmbH reserves the right not to provide the promised service if it transpires after conclusion of the contract that the goods are not available, although a corresponding binding transaction has been concluded. In such a case, the customer will be informed immediately. Any payments already made will be refunded immediately. Further claims against FG Kaffee GmbH are excluded.
4. The contractual language is German.
5 In detail, the customer goes through the following technical steps when placing an order in the online shop:
– Click on the ‘Proceed to checkout’ button in the shopping basket that appears
– Forwarding to the general order overview page, on which the individual purchase steps are run through in the following
– Step 1 Select the ‘Billing and delivery address’ (in the event that the customer does not have a customer account and is not logged in; otherwise the billing and delivery address are stored)
Enter the ‘Billing address’
If the billing and delivery addresses are not identical, you can ‘enter a different delivery address’ by clicking on the checkbox
– Step 2 In the next section, ‘All items of your order’ are displayed in an overview; it is possible to change the contents of the shopping basket
– Step 3 Select the ‘Payment method’ (by clicking on the desired payment method)
– Step 4 Click on ‘Further options’ to select (different delivery address, dispatch date, comment/note on the order)
– Finalise the order by clicking on the ‘Buy’ button
The customer can access the individual order steps listed using the usual functions of their Internet browser.
§ 2 Delivery
1. If the customer is an entrepreneur (§ 14 BGB), delivery is always at the customer’s risk. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the item sold shall not pass to the customer until the item is handed over, even in the case of sale by despatch. If the buyer is in default of acceptance, this shall be deemed equivalent to handover. Delivery shall be made to the delivery address specified by the customer.
2. All prices are cash prices including VAT plus any packaging and transport costs incurred.
3. Delivery within Germany costs 3.90 euros per order. From an order value of 29.00 euros, we ship free of charge within Germany. The shipping costs to other countries can be found under shipping costs. For deliveries to third countries, additional customs duties and fees will be charged to the customer.
4. The goods must be inspected for transport damage immediately upon receipt by the customer or his authorised representative if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant within the meaning of the German Commercial Code (HGB), must have the transport company confirm any detectable transport and packaging damage in writing upon acceptance of the goods and report this to FG Kaffee. Customers who are consumers are requested, without any legal obligation, to also notify us of any obviously recognisable transport damage.
§ 3 Statutory right of cancellation
1. Right of cancellation
If the customer is a consumer (§ 13 BGB), he has the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods.
To exercise the right of cancellation, the customer must inform us ( FG Kaffee GmbH, Gandershofen 2, 82390, info@fgkaffee.de ) of his decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The customer may use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period expires.
2. Consequences of the cancellation
If the customer cancels this contract, we must refund all payments that we have received from him, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of the cancellation of this contract. We will use the same means of payment for this repayment as the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier.
The customer must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which he informs us of the cancellation of this contract. The deadline is met if the customer dispatches the goods before the period of fourteen days has expired. We bear the cost of returning the goods.
The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
3. Exclusion of the right of cancellation
The right of cancellation does not apply to
-Delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customized to the personal needs of the consumer,
– Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
-Delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
– Delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
§ 4 Warranty and compensation
1. Defects or damage caused by culpable or improper handling.
2. If the customer accepts the goods or the subject matter of the order despite being aware of a defect, he shall only be entitled to warranty claims to the extent described below if he expressly reserves the right to do so in text form (e.g. e-mail) immediately after receipt of the goods.
3. The customer shall only be entitled to warranty claims due to existing transport damage if he has fulfilled his duty of inspection and notification in accordance with § 2 clause 4. This does not apply if the customer is a consumer.
4 FG Kaffee GmbH shall only be liable for damages other than those resulting from injury to life, limb and health if these are due to intentional or grossly negligent behavior or culpable breach of a material contractual obligation by FG Kaffee GmbH or a vicarious agent (e.g. the delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
§ 5 Due date and terms of payment
1. Unless otherwise agreed in writing, FG Kaffee GmbH invoices are payable immediately and without deduction. Payment is made on delivery by cash on delivery. Orders paid in advance will only be dispatched after receipt of payment. In the case of credit card payment, the actual debit takes place when the invoice is issued and the goods are dispatched. The total amount is reserved on the customer’s credit card as soon as the customer submits the online order.
2 FG Kaffee GmbH reserves the right to refuse checks and other non-cash means of payment. Acceptance is always on account of payment only. Payments in foreign currency are credited according to the bank statement. Bank charges are to be borne by the customer.
3.If the customer defaults on payment of the purchase price, interest shall be charged on the amount of the purchase price at five percentage points above the respective base interest rate during the period of default. If FG Kaffee GmbH has demonstrably incurred higher damages due to delay, FG Kaffee GmbH shall be entitled to claim these.
§ 6 Retention of title
1. Die gelieferte Ware bleibt bis zur vollständigen Bezahlung sämtlicher Forderungen gegen den Kunden einschließlich aller bestehenden Nebenforderungen Eigentum der FG Kaffee GmbH, sofern der Kunde Kaufmann im Sinne des Handelsgesetzbuches ist. In the case of contracts with consumers, FG Kaffee GmbH reserves the right of ownership until the purchase price has been paid in full.
2.The customer is not entitled to sell the goods to third parties until the purchase price has been paid in full or to take any other measures that jeopardise the property of FG Kaffee GmbH.
§ 9 Place of fulfilment and jurisdiction
1 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the event that the buyer is a consumer, this only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
2. The place of fulfillment for all services arising from the business relationship with FG Kaffee GmbH is Munich, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, Bamberg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.
§ 10 Alternative dispute resolution
The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and is generally not prepared to do so.
§ 11 Final provision
Should any of these provisions – for whatever reason – not apply, this shall not affect the validity of the remaining provisions.