GENERAL TERMS AND CONDITIONS

I. Scope of application

We execute your order in accordance with the GTC valid at the time of the order. The current version of the GTC is available on our website http://kaffee-online-bestellen.de under "GTC". In addition, we will send you our GTC link with the order confirmation. In case of doubt, our GTC published on the Internet shall apply. We expressly reserve the right to make changes and additions. Conflicting GTC shall not become part of the contract.

II. Conclusion of Contract / Withdrawal

The contract is concluded when we accept your order by means of our order confirmation; the receipt and acceptance of the order will be confirmed to the customer by e-mail. If you have not provided us with an e-mail address when placing your order, the contract shall only be concluded when the goods are sent to you. With the order confirmation, we will send you the text of the contract as well as these General Terms and Conditions. We reserve the right to carry out a credit check even after conclusion of the contract and to withdraw from the contract if the result is negative.

III. Delivery, shipping costs, customs duties and return costs

1. Delivery time within Germany:

The delivery time within Germany is approximately 3-5 working days. The delivery time starts with the conclusion of the contract.

2. Shipping costs within Germany:

All prices in the online shop are gross prices including the statutory value-added tax and are exclusive of shipping costs, also including the statutory value-added tax.

The price including VAT and the applicable gross shipping costs will be displayed to the customer in the order mask before conclusion of the contract.

From a value of goods of 20 € we deliver free of shipping costs within Germany.

3. Orders outside Germany:

Shipping to EU and non-EU countries is possible.

The shipping costs are displayed in the order mask before the contract is concluded. The delivery times depend on the respective countries.

If you order from EINSTEIN KAFFEE for delivery outside Germany, you may be subject to import duties and taxes, which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. EINSTEIN KAFFEE will not bear the cost of customs duties, import taxes and other related charges. These costs are the sole responsibility of the customer.

The protection of your data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to the laws of the respective country and to opening and investigation by customs authorities.

4. We are entitled to make partial deliveries if part of the ordered goods are temporarily unavailable and this is not unreasonable for the customer.

5. The following gross shipping prices apply by weight:

6. In the event that you exercise your right of revocation in the case of distance contracts, you shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation.

IV. Terms of payment

1. We accept payments either by delivery against cash on delivery, by prepayment or by PayPal. If your place of residence is outside Germany, payment is only possible by advance payment or PayPal.

2. Offsetting and rights of retention are excluded, unless your counterclaim is undisputed or legally established.

V. Retention of title

All delivered goods remain our property until full payment has been received.

VI. Claims for defects (warranty), liability, exclusion of liability

1. If the goods delivered by us are defective, you may, within the framework of the statutory provisions, at your discretion demand that the defect be remedied or that defect-free goods be delivered (subsequent performance). If the supplementary performance fails, you can reduce the purchase price or withdraw from the contract in the event of a significant defect.

2. We shall not be liable for damage that has not occurred to the goods themselves, nor for any other financial loss. Apart from the liability for material defects and defects of title, we shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. We shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardises the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than the aforementioned.

3. The limitations of liability in the preceding paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

4. If our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

VII. Data protection

You agree to the storage, processing and use of the personal data transmitted to us by your order for the purpose of executing your order.
Customer data will be stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). Your personal data will only be collected for specified, clear and lawful purposes and will not be stored longer than necessary in relation to your person. You have a right to information as well as a right to correction. Please contact us or send us your request by post or fax. We do not pass on your personal data including your home address and e-mail address to third parties. This does not apply to our service partners who require the transmission of data for order processing. In these cases, however, the scope of the transmitted data is limited to the necessary minimum.

VIII. Choice of law and place of jurisdiction

1. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

2. The place of jurisdiction for business transactions with entrepreneurs is Berlin. We are also entitled, at our discretion, to take legal action at the customer's place of business.

 
IX. Information on the right of withdrawal for distance contracts

1. Right of revocation: You may revoke your contractual declaration within two weeks without stating reasons in writing (e.g. letter, fax, e-mail) or – if the goods are delivered to you before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to:

Einstein Kaffee Rösterei GmbH, Franklinstrasse 15-15a, 10587 Berlin,
Fax: 030 - 93931294 or e-mail: info@einstein-kaffee.de

2. Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection as would have been possible for you in a shop. In addition, you can avoid the obligation to pay compensation for the value of a deterioration caused by the intended use of the item by not using the item as if it were your property and by refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned at our risk. You must bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of revocation or the item, for us with its receipt.

3. The right of revocation does not apply to the order of such goods which are manufactured according to customer specifications or which are clearly tailored to the personal needs of the customer (custom-made products).

End of the revocation policy