TOS

General Terms and Conditions of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG for contracts concluded exclusively using means of distance communication

1. definitions
The following definitions are used as a basis for these General Terms and Conditions:

Purchase contract:
The contract between ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG and the customer about the delivery of goods from the online shop.

Customer:
A natural or legal person or partnership with legal capacity that is associated with ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG concludes a contract of sale with ANDRASCHKO KAFFEEMANFAKTUR GMBH & CO.

Distance selling contract:
Distance selling contracts are contracts for the delivery of goods or the provision of services which are concluded between an entrepreneur and a consumer with the exclusive use of means of distance communication.

Entrepreneur:
Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent vocational activity with conclusion of the sales contract.

Consumers:
Consumer is any natural person who concludes a sales contract for a purpose that cannot be attributed to either his commercial or his self-employed professional activity.

Means of distance communication:
Means of distance communication are means of communication which can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular telephone calls, e-mails and other media services.

2. scope of application
These General Terms and Conditions apply to the purchase contracts between ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG and the customer exclusively. Any general terms and conditions of the customer to the contrary or deviating from these General Terms and Conditions shall not be recognised unless ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG has agreed to this in writing in individual cases.

3. conclusion of the contract
a) Offer to conclude a sales contract by the customer
The presentation of the products in the online shop of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG makes no binding offer for the conclusion of a sales contract by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG, but is merely an invitation to the customer to submit a purchase offer to ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG (so-called invitatio ad offerendum).
As a visitor to the online shop, each customer receives from ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG automatically receives a "shopping cart". The selected products can be collected in this basket. As soon as the online shop is left without a binding offer having been made by the customer, the contents of the shopping basket expire. In this case, a legal transaction has not taken place. It is possible for each customer to register as a "customer" and set up a personal customer account. The selection of the customer remains stored here until the next visit (login). A registered customer can conveniently log in to the online shop of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG, can check the status of his order at any time and always has a current overview of his previous orders. After initial registration, the customer can log in to the online shop with his e-mail address and his personal password.

The ordering of products in the online shop of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG is designed in such a way that the customer selects and clicks on the desired article(s) from the product range presented in the online shop. Here he receives information about the product.

Once the customer has decided on an article and, if necessary, selected further options associated with the product (e.g. colour, quantity, etc.), the article can be placed in the personal shopping basket by clicking on the "Add to basket" button.

The customer has not yet submitted an offer by placing the product in the shopping basket. The products can be removed from the shopping basket by clicking on the "Remove" box. If the customer has decided to purchase the products in his shopping cart, he clicks the button "Checkout".

In the order forms that now open, the customer must fill in the required information.

By ticking the appropriate box, the customer confirms that he has read and understood the General Terms and Conditions of the online shop of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG has read. The order process cannot be completed without ticking the box.

The next step is to confirm the entered data. The order is then completed by clicking the "Continue" button.
Only by clicking on the button "Continue" does the customer make a binding offer for the products in his shopping basket at that time. Up to this point in time, the customer can check and, if necessary, correct his details at any time within the framework of the online shop's order forms before sending the details.

After receipt of the order by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG, the customer receives an order confirmation from ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG ordering system automatically generates an e-mail confirming receipt of the offer by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG. Here the customer can check the information contained therein again in order to be able to correct any errors in the order in good time if necessary. In this case, the ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG order system is not yet the acceptance of the purchase offer by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG!

b) Acceptance by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. of the application to conclude the purchase contract. LIMITED PARTNERSHIP
Products and prices in the online shop of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG are not valid until ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG is subject to confirmation and non-binding. ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG undertakes to inform the customer immediately of the non-availability of the goods and to reimburse any consideration already received without delay.

The customer's offer to conclude a purchase contract shall be accepted by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG by individual confirmation of acceptance of the customer's offer by e-mail or at the latest by handing over the ordered products to the customer.

4. due date, method of payment and default
The purchase price for the product is due immediately. Payment of the purchase price is made by direct debit or bank transfer. The purchase price paid by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG in individual cases depend, among other things, on the value of the goods, the type of product, the amount of the total order, the duration of the business relationship, etc., and shall be paid exclusively by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG.

If the customer is in default, ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall be entitled to demand the statutory default interest (in the case of a consumer amounting to 5 percentage points above the respective base interest rate and in the case of an entrepreneur amounting to 8 percentage points above the respective base interest rate). The right of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG to claim higher interest or further damages for another legal reason shall remain unaffected.

5. right of withdrawal and consequences of withdrawal; exclusion of the right of withdrawal; return costs after withdrawal
If you are a consumer (§ 13 BGB), i.e. if you are a natural person who has made the purchase from ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG for a private purpose, i.e. not for a purpose which is attributable to a commercial or self-employed professional activity, you are entitled to a statutory right of revocation:

Cancellation policy
right of withdrawal
You can revoke your contractual declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods suffices to comply with the revocation period. The revocation is to be addressed to:

ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG
Industriestr. 18
12099 Berlin

info@andraschkokaffee.com
FAX. +49 (0) 30 69598688

revocation consequences
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods or services received in whole or in part or only in a deteriorated condition, you must 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 in a retail shop, for example. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent by parcel post are to be returned at our risk. 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 Euro or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return 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 declaration of revocation or the goods, for us with their receipt.
End of the revocation instruction

Exclusion of the right of revocation
The right of revocation of your declaration to ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG does not apply to the delivery of goods which are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
Costs of the return after revocation

You have to 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 Euro or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you.

6. set-off, right of retention
The customer shall only have the right of set-off if his counterclaims have been legally established, are undisputed or have been settled by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG are recognized. The customer is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

7. Transfer of risk
For deliveries to consumers (§ 13 BGB), the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the goods are handed over by the carrier to the buyer or his authorised representative or to the delivery address specified by the buyer.

For deliveries to entrepreneurs (§ 14 BGB) the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the goods are handed over to the forwarding agent.

8. retention of title
a) For contracts with consumers
The shares issued by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall remain in force until all claims arising from the purchase contract between the customer and ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG is the property of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG. Until this time, the customer is obliged to handle the product with care.

The customer undertakes not to transfer ownership of the product without the prior written consent of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG to dispose of. In the event of access by third parties, in particular in the event of seizure of the product, the customer shall notify ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. of any such seizure. KG immediately in writing and to immediately transfer the reservation of title of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG.

b) In the case of contracts with entrepreneurs
The shares issued by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall remain in force until all claims arising from the purchase contract between the customer and ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG is the property of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG. This shall also apply to all future deliveries, even if ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG does not always expressly refer to this. ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall be entitled to take back the object of sale if the customer behaves in a manner contrary to the contract.

The customer is obliged to treat the object of sale with care as long as the ownership has not yet been transferred to him. As long as ownership has not yet been transferred, the customer must notify ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG immediately in writing if the delivered item is seized or subjected to other interventions by third parties. If the third party is not in a position to notify ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG to reimburse the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the costs incurred by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG for the loss incurred by ANDRASCHKO KAFFEEMANFAKTUR GMBH & CO.

The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG the customer's claims arising from the resale of the reserved goods. KG in the amount of the purchase price agreed with ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG in the amount of the final invoice amount agreed with ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. This assignment applies regardless of whether the purchased item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. The authority of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG to collect the claim for disclosure of the assignment itself remains unaffected. ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made for the opening of insolvency proceedings against his assets or payments have been suspended.

9. claims for defects and notification of defects
ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG guarantees that the products are not defective as defined by the German Civil Code. In the event of defects, the customer shall be entitled to the statutory claims for defects, unless the following provisions provide otherwise:

a) The customer is a consumer
The customer shall initially have the choice of whether subsequent performance is to take the form of rectification or replacement delivery. ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG is, however, entitled to refuse the type of subsequent performance chosen by the purchaser if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the buyer are excluded. A subsequent improvement shall be deemed to have failed with the second unsuccessful attempt, unless something else results, in particular, from the nature of the item or the defect or other circumstances. If the supplementary performance has failed or ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG has refused subsequent performance in its entirety, the purchaser may, at its discretion, demand a reduction in the purchase price or declare its withdrawal from the contract.

The customer may only assert claims for damages due to the defect under the conditions mentioned under item 10. if subsequent performance has failed or ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG has refused subsequent performance. The right of the customer to assert further claims for damages under the following conditions shall remain unaffected.
The warranty period is 2 years for the purchase of new products, 1 year for the purchase of used products, each beginning with the passing of risk. This period shall also apply to claims for compensation for consequential harm caused by a defect, unless claims are asserted in tort.

b) The customer is an entrepreneur
If the customer is a businessman, he must have fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code) in order to be able to assert warranty rights. Obvious defects are the responsibility of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG in writing immediately, but at the latest within 7 days after receipt of the goods. Hidden defects are the responsibility of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG must also be notified in writing without delay, at the latest within 7 days of discovery of the defect. If this notification is omitted, the delivery shall be deemed approved.

Warranty claims do not exist in case of only insignificant deviation from the agreed quality, in case of only insignificant impairment of usability, in case of natural wear and tear as well as in case of damages which occur after the transfer of risk due to faulty or negligent handling, excessive strain, the use of accessories not produced or approved by the manufacturer of the product or due to special external influences which are not assumed according to the contract. If the customer or third parties carry out improper repair work or make changes to the product, there shall also be no warranty claims for these and the resulting consequences.

If the customer notifies ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. of a defect that already existed at the time of the transfer of risk in good time, he shall, at the option of ANDRASCHKO KAFFEEMANFAKTUR GMBH & CO. KG shall be entitled to the removal of the defect free of charge or delivery of a defect-free item (subsequent performance). ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG must always be given the opportunity to remedy the defect within a reasonable period of time. ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG may refuse one type of subsequent performance or the entire subsequent performance if it is only possible with disproportionate costs.

Returns of defective goods to ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG for the purpose of subsequent performance may only be returned with the written consent of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG. The risk of accidental loss and accidental deterioration of the returned goods shall only pass to ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG upon handover at the place of business. KG to the latter. If ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. delivers the goods to ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG delivers a replacement item for the purpose of subsequent performance, the customer shall immediately return the originally delivered item. Replaced parts shall become the property of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG.

If the supplementary performance fails or is refused, the customer may withdraw from the contract or reduce the remuneration without prejudice to any claims for damages.

Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, shall be excluded to the extent that such expenses increase because the costs incurred by ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG to a location other than the customer's branch office, unless the shipment corresponds to its intended use.

Warranty claims for the delivery of new products are subject to a limitation period of 12 months from the passing of risk, unless the defect was fraudulently concealed. Warranty is excluded for the delivery of used products.

ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall be liable for damages for defects only in accordance with the provisions of Clause 10.

10. liability
ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall only pay damages, irrespective of the legal grounds, to the following extent:
ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall be liable without limitation for damages to life, body and health resulting from a negligent or intentional breach of duty by its legal representatives or vicarious agents, as well as for damages covered by liability under the Product Liability Act and for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent by its legal representatives or vicarious agents. If ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG has given a quality and/or durability guarantee in respect of the goods or parts thereof, ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG is also liable within the scope of this guarantee. ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall be liable for damage caused by the lack of guaranteed quality or durability but which does not directly affect the goods. KG shall only be liable if the risk of such damage is clearly covered by the quality and durability guarantee.

ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall also be liable for damage caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall only be liable insofar as the damages are typically associated with the contract and foreseeable. ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. shall be liable for simple negligent breaches of collateral obligations which are not essential to the contract. KG shall not be liable in all other respects. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as liability for legal representatives, executive employees and other vicarious agents is concerned.

Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as liability is excluded or limited, this shall also apply to the personal liability of the employees, workers, staff, representatives and vicarious agents of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG.

11. place of jurisdiction and performance
If the customer is a merchant, legal entity under public law or special fund under public law, the place of business of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG is the place of jurisdiction for all disputes arising from the contractual relationship. ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall, however, also be entitled to sue the customer at the court of his place of residence.
If the customer is not a merchant, the statutory regulation shall apply.

This contractual relationship and its interpretation are subject to the law of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
Unless otherwise stated in the order confirmation, the place of business of ANDRASCHKO KAFFEEMANUFAKTUR GMBH & CO. KG shall be the place of performance.

Status of the General Terms and Conditions: September 2018

 

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