Terms of service

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

TABLE OF CONTENTS

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Contract Term and Termination for Subscription Contracts
Retention of Title
Liability for Defects / Warranty
Redeeming Promotional Vouchers
Redeeming Gift Vouchers
Applicable Law
Place of Jurisdiction
Code of Conduct
Alternative Dispute Resolution

  1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions, hereinafter referred to as “GTC”, of Lieblingskaffee GmbH, hereinafter referred to as the “Seller”, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur, hereinafter referred to as the “Customer”, with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

1.5 Depending on the Seller’s product description, the subject matter of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of permanent delivery, hereinafter referred to as a “subscription contract”. In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually owed intervals.

  1. CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by telephone, email, or online contact form.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form, by fax or email, whereby receipt of the order confirmation by the Customer is decisive in this respect, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, hereinafter referred to as “PayPal”, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form, for example by email, fax, or letter, after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 German and English are available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

  1. RIGHT OF WITHDRAWAL

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

  1. PRICES AND PAYMENT CONDITIONS

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions, such as transfer fees, exchange-rate fees, and rounding in foreign currencies, or import duties and taxes, such as customs duties. Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment option or options will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method “SOFORT” is selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, hereinafter referred to as “SOFORT”. In order to pay the invoice amount via “SOFORT”, the Customer must have an online banking account enabled for participation in “SOFORT”, identify themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately thereafter by “SOFORT” and the Customer’s bank account is debited. Further information on the “SOFORT” payment method can be found by the Customer online at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service “Shopify Payments” is selected, payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter referred to as “Stripe”. The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.7 If the payment method purchase on invoice is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 fourteen days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on invoice only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.

4.8 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter referred to as “Stripe”. Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.

  1. DELIVERY AND SHIPPING CONDITIONS

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive. Notwithstanding the foregoing, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of delivery to the Customer if the Customer effectively exercises their right of withdrawal. In the event that the Customer effectively exercises their right of withdrawal, the provision made in the Seller’s withdrawal policy regarding return shipping costs shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or an authorised recipient only upon handover of the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 Collection by the Customer is possible at our roasting facility.

5.6 Vouchers are provided to the Customer as follows:

– by email

  1. CONTRACT TERM AND TERMINATION FOR SUBSCRIPTION CONTRACTS

6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the Customer at any time without observing a notice period.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.

6.3 Terminations must be made in writing or in text form, for example by email.

  1. RETENTION OF TITLE

If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

  1. LIABILITY FOR DEFECTS / WARRANTY

8.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:

8.2 If the Customer acts as an entrepreneur,

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
for used goods, rights and claims due to defects are excluded;
the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

8.3 The limitations of liability and shortening of limitation periods set out above do not apply

to the Customer’s claims for damages and reimbursement of expenses;
in the event that the Seller has fraudulently concealed the defect;
to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
to any existing obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

8.6 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer does not comply with this request, this has no effect on their statutory or contractual claims for defects.

  1. REDEEMING PROMOTIONAL VOUCHERS

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer, hereinafter referred to as “promotional vouchers”, may only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the lack of authorisation, legal incapacity, or lack of representative authority of the respective holder.

  1. REDEEMING GIFT VOUCHERS

10.1 Vouchers that can be purchased via the Seller’s online shop, hereinafter referred to as “gift vouchers”, may only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the lack of authorisation, legal incapacity, or lack of representative authority of the respective holder.

  1. APPLICABLE LAW

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

  1. PLACE OF JURISDICTION

If the Customer acts as a merchant, legal entity under public law, or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer’s registered office.

  1. ALTERNATIVE DISPUTE RESOLUTION

13.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.