General terms and conditions with customer information

Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Contract duration and contract termination for subscription contracts
Retention of title
Liability for defects (warranty)
Special conditions for assembly/installation services
Special conditions for repair services
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Espresso Perfetto Deutschland GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

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 outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 Depending on the seller's product description, the subject 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 a permanent delivery (hereinafter "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 time intervals.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through 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 can also submit the offer to the seller by e-mail or post.

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 (or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 his 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: "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 and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email or letter) after the customer has sent their order. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

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 will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 payment option(s) will be communicated to the customer in the seller's online store.

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

4.5 If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. The customer can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the "mollie" payment service is selected, the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online store. To process payments, mollie may use other payment services for which special payment terms may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 Goods delivered by a forwarding agent shall be delivered "free kerbside", i.e. to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.

5.3 If the 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 with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision made in the seller's revocation instructions shall apply to the return costs.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5.5 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

- by e-mail

6) Contract duration and termination of subscription contracts

6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without notice.

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

6.3 Notices of termination must be made in writing or in text form (e.g. by e-mail).

7) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2 Notwithstanding the above, the following shall apply to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply

for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, and
in the event that the seller has fraudulently concealed the defect.

8.3 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

9) Special conditions for assembly/installation services

If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises in addition to the delivery of the goods, as well as any corresponding preparatory measures (e.g. measurement), the following shall apply:

9.1 The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

9.2 The customer must provide the seller with the information required for the provision of the service owed in full and truthfully, unless the procurement of such information is not the responsibility of the seller according to the content of the contract.

9.3 The Seller shall contact the Customer after conclusion of the contract in order to agree an appointment for the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller have access to the customer's facilities on the agreed date.

9.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.

10) Special conditions for repair services

If the seller owes the repair of an item of the customer according to the content of the contract, the following shall apply:

10.1 Repair services shall be provided at the seller's registered office.

10.2 The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

10.3 The Customer shall provide the Seller with all information required for the repair of the item, unless the procurement of such information is not within the Seller's scope of duties according to the content of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be the cause of the defect found.

10.4 Unless otherwise agreed, the Customer shall ship the item to be repaired to the Seller's registered office at its own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.

10.5 The goods shall be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller shall take out transport insurance for the goods.

10.6 The Customer may also bring the item to be repaired to the Seller's place of business and collect it from the Seller if this is stated in the Seller's service description or if the parties have reached an agreement to this effect. In this case, the above provisions on the bearing of costs and risks for the shipment and return shipment of the item shall apply accordingly.

10.7 The aforementioned provisions do not limit the customer's statutory rights in the event of defects in the case of the purchase of goods from the seller.

10.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

11) Redemption of promotional vouchers

11.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

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

11.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.5 Only one promotional voucher can be redeemed per order.

11.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

11.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

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

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

11.10 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

12) Redemption of gift vouchers

12.1 Vouchers that can be purchased via the seller's online store (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

12.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12.4 Only one gift voucher can be redeemed per order.

12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

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

12.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

13) Applicable law

13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

14) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a 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 registered office of the seller. If the customer is domiciled 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 above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

15) Alternative dispute resolution

15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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

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