General Terms and Conditions
General Terms and Conditions
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, company Black Label Coffee UG (haftungsbeschränkt) at Johann-Georg-Fahr-Str. 1/1, represented by Frank Johannes Karl Adler, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall apply.
(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
(5) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract .
(2) By submitting an order via the online store by clicking the button "order with obligation to pay", you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, remains unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items. With the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the contract text consisting of the order, GTC and order confirmation on a permanent data carrier.
(5) We can only accept orders for deliveries abroad with a minimum order value. The minimum order value can be found in the price information provided in our online store.
(6) If delivery of the goods ordered by you is not possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance . In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.
§ 3 Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approx. 5 working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with a place of residence or business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs(reservation of prepayment). If we make use of the prepayment reservation , we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.
(4) We deliver to the following countries: Germany, Austria, Belgium, Denmark, France, Luxembourg, Netherlands, Czech Republic, Lithuania and Poland.
§ 4 Prices and shipping costs
(1) All prices quoted in our online store are gross prices including statutory VAT and do not include shipping costs.
(2) The shipping costs are indicated in our prices in our online store. The price including VAT and shipping costs will also be displayed in the order form before you submit the order.
(3) If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you(shipping costs) under the statutory conditions.
§ 5 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can pay the purchase price and the shipping costs at your discretion only with the payment options offered by us.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You shall also be entitled to set off against our claims if you have complaints of defects or counterclaims arising from the
the same purchase contract.
(4) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - insofar as is not otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability .
(4) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and our vicarious agents if claims are asserted directly against them.
§ 9 Copyrights
We hold the copyrights to all images, films and texts published in our online store . Use of the images, films and texts is not permitted without our express consent.
§ 10 Dispute resolution, applicable law and place of jurisdiction
(1) We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(3) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
Information on revocation can be found in our revocation policy at: https://black-label-coffee.de/pages/widerrufsbelehrung
