General terms and conditions of business
1. Scope of application
For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Coffee Consulate.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.
4. Terms of delivery
Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
In principle, you have the possibility to pick up your order at Coffee Consulate, Hans-Thoma-Straße 20, 68163 Mannheim, Germany during the business hours stated below: Monday to Friday from 8:00 to 17:00 o'clock except on holidays. Please inform us at least two working days before your collection, so that we can make the goods available from our warehouse.
We do not deliver to packing stations.
In our shop, the following payment methods are available to you:
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
6. Reservation of proprietary rights
The goods remain our property until full payment has been received.
For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
For consumers applies:
If goods with obvious transport damages are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Settlement of disputes
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here http://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
AGB creates legal texts with the Trusted Shops in cooperation with Wilde Beuger Solmecke Rechtsanwälte.