Terms and Conditions

§ 1 General Provisions

1. The following General Terms and Conditions, in their currently valid version, apply to all business relationships of any kind between FG Kaffee GmbH, Gandershofen 2, 82390 Eberfing, and the customer. Customers may be either business entities or consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity (§ 13 BGB). A business is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or independent professional activity when entering into a legal transaction (§ 14 BGB).

2. The presentation of products in the online store does not constitute a legally binding offer but merely a non-binding online catalog of the product range. By clicking the “Buy” button, the customer submits a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order will follow immediately after the order is submitted. The purchase contract is not concluded until we issue a separate order confirmation. The contract text is stored, and the order details and the General Terms and Conditions are sent to the customer via email. The customer can view all previous orders in the login area.

3. FG Kaffee GmbH reserves the right not to provide the promised service if, after the contract is concluded, it turns out that the goods are not available, even though a corresponding binding transaction was concluded. In such a case, the customer will be notified immediately. Any payments already made will be refunded immediately. Further claims against FG Kaffee GmbH are excluded.

4. The contract language is German.

5. Specifically, when placing an order in the online store, the customer goes through the following technical steps:

– Click the “Proceed to Checkout” button in the displayed shopping cart

– Redirect to the general order summary page, where the individual purchase steps are then completed

– Step 1: Select the “Billing and Shipping Address” (if the customer does not have an account and is not logged in; otherwise, the billing and shipping addresses are already saved)

§ Enter the “Billing Address”

§ If the billing and shipping addresses are not the same, you can click the checkbox to “enter a different shipping address”

– Step 2: In the next section, “All Items in Your Order” are displayed in a summary; you have the option to modify the contents of the shopping cart

– Step 3: Select the “Payment Method” (by clicking on the desired payment method)

– Step 4: Select “Additional Options” by clicking on them (alternative shipping address, shipping date, comment/note regarding the order)

– Complete the order by clicking the “Buy” button

The customer can navigate through the individual order steps listed above using the standard functions of their web browser.

§ 2 Delivery

1. If the customer is a business entity (§ 14 BGB), delivery is generally 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 sold item—even in the case of a mail-order sale—is not transferred to the customer until the item is handed over. The item is deemed handed over if the buyer is in default of acceptance. Delivery is made to the shipping address provided by the customer.

2. All prices are cash prices, including value-added tax, plus any applicable packaging and shipping costs.

3. Shipping within Germany is free for every order. Shipping costs to other countries can be found under “Shipping Costs.” For deliveries to third countries, the customer is responsible for any additional customs duties and fees.

4. The goods must be inspected for transport damage immediately upon receipt by the customer or their representative if the customer is a merchant as defined by the German Commercial Code (HGB). The customer, who is a merchant as defined by the HGB, must have any detectable transport or packaging damage confirmed in writing by the shipping company upon acceptance of the goods and must report this to FG Kaffee. We ask customers who are consumers—without this being a legal obligation—to also report any obvious transport damage to us.

§ 3 Statutory Right of Withdrawal

1. Right of Withdrawal

If the customer is a consumer (§ 13 BGB), they have the right to withdraw from this contract within fourteen days without providing a reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by them—who is not the carrier—took possession of the last item of goods.

To exercise the right of withdrawal, the customer must inform us (FG Kaffee GmbH, Gandershofen 2, 82390, info@fgkaffee.de) of their decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail, fax, or email). The customer may use the attached sample withdrawal form for this purpose, though its use is not required.

To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period expires.

2. Consequences of Withdrawal

If the customer withdraws from this contract, we must refund all payments we have received from the customer, including delivery costs (with the exception of any additional costs resulting from the customer’s choice of a delivery method other than the least expensive standard delivery option offered by us), reimburse all payments we have received from the customer, including delivery costs (except for any additional costs resulting from the customer’s choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than fourteen days from the day we receive notice of the withdrawal from this contract. We will use the same payment method for this reimbursement that the customer used for the original transaction, unless expressly agreed otherwise; in no event will the customer be charged any fees in connection with this reimbursement. We may withhold the refund until we have received the goods back or until the customer provides proof that the goods have been returned, whichever occurs first.

The customer must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which he notifies us of the cancellation of this contract. The deadline is met if the customer ships the goods before the fourteen-day period expires. We will bear the costs of returning the goods.

The customer is liable for any loss in value of the goods only if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.

3. Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to

– the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs,

– the 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,

– the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery,

– the delivery of newspapers, magazines, or periodicals, with the exception of subscription contracts.

§ 4 Warranty and Damages

1. Defects or damage resulting from negligent or improper handling.

2. If the customer accepts the goods or the subject matter of the order despite being aware of a defect, the customer shall only be entitled to warranty claims to the extent described below if the customer expressly reserves such claims in writing (e.g., via email) immediately upon receipt of the goods.

3. The customer is entitled to warranty claims for existing transport damage only if they have fulfilled their obligation to inspect and report defects in accordance with § 2, paragraph 4. This does not apply if the customer is a consumer.

4. FG Kaffee GmbH shall be liable for damages other than those resulting from injury to life, body, or health only to the extent that such damages are attributable to intentional or grossly negligent conduct or to a culpable breach of a material contractual obligation by FG Kaffee GmbH or a vicarious agent (e.g., the delivery service). Any liability for damages beyond this is excluded. The provisions of the Product Liability Act remain unaffected.

§ 5 Due Date and Terms of Payment

1. Unless otherwise agreed in writing, invoices from FG Kaffe GmbH are payable immediately and without deduction. Payment is made upon delivery via cash on delivery. Orders requiring prepayment will be shipped only after receipt of payment. For credit card payments, the actual charge is processed upon issuance of the invoice and shipment of the goods. The total amount is reserved on the customer’s credit card immediately upon submission of the online order.

2. FG Kaffee GmbH reserves the right to refuse checks and other non-cash forms of payment. Acceptance is always on account of payment only. Payments in foreign currency will be credited according to the bank statement. Bank fees are to be borne by the customer.

3. If the customer defaults on payment of the purchase price, interest shall be charged on the total purchase price during the period of default at a rate of five percentage points above the respective base interest rate. If FG Kaffee GmbH can prove that it has incurred higher damages due to the default, FG Kaffee GmbH is entitled to claim such damages.

§ 6 Retention of Title

1. Until full payment of all claims against the customer, including all ancillary claims, the delivered goods remain the property of FG Kaffee GmbH, provided the customer is a merchant as defined by the German Commercial Code (HGB). In contracts with consumers, FG Kaffee GmbH retains title until the purchase price has been paid in full.

2. The customer is not entitled to sell the goods to third parties or to take any other measures that would jeopardize FG Kaffee GmbH’s ownership until the purchase price has been paid in full.

§ 9 Place of Performance and Jurisdiction

1. German law applies 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 applies only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

2. The place of performance for all obligations arising from the business relationship with FG Kaffee GmbH is Munich, provided 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 venue 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 obligated to participate in dispute resolution proceedings before a consumer arbitration board and is generally unwilling to do so.

§ 11 Final Provision

Should any of these provisions—for whatever reason—be inapplicable, this shall not affect the validity of the remaining provisions.

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