Terms and Conditions
Table of Contents
- Scope
- Conclusion of the contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Contract Term and Termination of Subscription Contracts for Goods
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Terms and Conditions for Assembly and Installation Services
- Special Terms and Conditions for Repair Services
- Redeeming promotional coupons
- Redeeming gift certificates
- Applicable Law
- Place of jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1These General Terms and Conditions (hereinafter “GTC”) of Espresso Perfetto Deutschland GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2These Terms and Conditions apply mutatis mutandis to contracts for the delivery of gift certificates, unless otherwise specified.
1.3For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.4For the purposes of these General Terms and Conditions, a “business entity” means a natural person, a legal entity, or a partnership with legal capacity that acts in the course of its commercial or self-employed professional activities when entering into a legal transaction.
1.5Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods via a one-time delivery or the purchase of goods via ongoing deliveries (hereinafter “subscription contract”). Under a subscription agreement, the Seller undertakes to deliver the goods contractually owed to the Customer for the duration of the agreed contract term at the contractually agreed intervals.
2) Conclusion of the Contract
2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.
2.2The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items contained in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller via email or by mail.
2.3The 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 (fax or email), in which case the date the customer receives the order confirmation is decisive, or
- by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
- by requesting payment from the customer after the customer has placed an order.
If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives 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 result that the customer is no longer bound by their declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed by 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”), in accordance with PayPal’s Terms of Service, which can be viewed at https://www.paypal.com
2.5When an order is placed using the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., by email, fax, or letter) after the customer submits the order. The Seller does not make the contract text available in any other form. If the customer has created a user account in the Seller’s online store before submitting 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 appropriate login credentials.
2.6Before submitting a binding order via the Seller’s online order form, the Customer can identify any potential data entry errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7Various languages are available for entering into the contract. The specific language options are displayed in the online store.
2.8Order processing is generally handled automatically via email. 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 that address.
3) Right of Withdrawal
3.1Consumers generally have the right to cancel.
3.2Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.
3.3The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are located outside the European Union.
4) Prices and Payment Terms
4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.
4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases that are beyond the seller’s control and must be borne by the customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds even 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.
4.3The available payment options are listed for the customer in the seller’s online store.
4.4If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select the "Sofortüberweisung" payment method, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via “Sofortüberweisung,” the customer must have an online banking account that has been activated for use with “Sofortüberweisung,” authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction is processed by Klarna immediately thereafter, and the customer’s bank account is debited. The customer can find more detailed information about the “Sofortüberweisung” payment method online at https://www.klarna.com
5) Delivery and Shipping Terms
5.1If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2For goods delivered by a freight carrier, delivery is “curbside,” meaning to the public curb nearest the delivery address, unless otherwise specified in the shipping information in the Seller’s online store or unless otherwise agreed.
5.3If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to the costs of returning the goods.
5.4If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipper, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.
5.5If the customer is a consumer based in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. However, this applies only if the seller is not responsible for the non-delivery and has entered into a specific hedging transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be notified immediately, and the purchase price will be refunded without delay.
5.6If the seller offers the goods for pickup, the customer may pick up the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping charges will be billed.
5.7Vouchers are provided to the customer as follows:
– by email
6) Contract Term and Termination of Subscription Contracts for Goods
6.1Subscription agreements are entered into for an indefinite term and may be terminated by the customer at any time without notice.
6.2The right to terminate the contract for cause remains unaffected. Cause exists if, taking into account all the 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 expiration of a notice period.
6.3Cancellations may be made in writing, in text form (e.g., by email), or electronically using the cancellation feature (cancellation button) provided by the seller on its website.
7) Retention of title
If the seller delivers the goods in advance, the seller retains title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise specified in the provisions below, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
8.1If the customer is acting as a business,
- The seller may choose the method of subsequent performance;
- For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery of the goods;
- For used goods, the right to claim for defects is excluded;
- The statute of limitations does not start over if a replacement delivery is made under the warranty for defects.
8.2The limitations on liability and shortened time limits set forth above do not apply
- for the customer's claims for damages and reimbursement of expenses,
- in the event that the seller fraudulently concealed the defect,
- for goods that, when used in the manner for which they are ordinarily intended, were used in a structure and caused its defectiveness,
- regarding any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
8.3Furthermore, with respect to business entities, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
8.5If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so will have no effect on the customer’s statutory or contractual claims for defects.
9) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:
9.1The seller shall be fully liable on any legal grounds
- in cases of willful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- based on a warranty promise, unless otherwise specified in this regard,
- due to mandatory liability, such as under the Product Liability Act.
9.2If the customer is a consumer domiciled in Germany or a business entity, the following limitations of liability apply:
If the seller negligently breaches a material contractual obligation, the seller’s liability is limited to foreseeable damages typical for this type of contract, unless the seller bears unlimited liability in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on whose compliance the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation pursuant to the preceding paragraph.
9.3The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.
10) Special Terms and Conditions for Assembly and Installation Services
If, under the terms of the contract, the seller is responsible not only for delivering the goods but also for assembling or installing them at the customer’s premises, as well as for any necessary preparatory work (e.g., taking measurements), the following applies:
10.1The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the Seller. In doing so, the Seller may also utilize the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s description of services, the Customer has no right to select a specific person to perform the requested service.
10.2The Customer must provide the Seller with all information necessary for the performance of the agreed-upon service, in a complete and truthful manner, unless the Seller is responsible for obtaining such information under the terms of the contract.
10.3After the contract is concluded, the Seller will contact the Customer to schedule an appointment for the services to be rendered. The Customer shall ensure that the Seller or the personnel authorized by the Seller have access to the Customer’s relevant facilities at the agreed-upon time.
10.4The risk of accidental loss or accidental deterioration of the goods sold shall not pass to the customer until the installation work has been completed and the goods have been handed over to the customer.
11) Special Terms and Conditions for Repair Services
If, under the terms of the contract, the seller is obligated to repair an item belonging to the customer, the following applies:
11.1Repair services shall be performed at the Seller's place of business.
11.2The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the Seller. In doing so, the Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s service description, the Customer has no right to select a specific person to perform the requested service.
11.3The Customer must provide the Seller with all information necessary for the repair of the item, unless the Seller is obligated to obtain such information under the terms of the contract. In particular, the Customer must provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may have caused the identified defect.
11.4Unless otherwise agreed, the customer must ship the item to be repaired to the seller’s place of business at the customer’s own expense and risk. The Seller recommends that the Customer take out shipping insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable shipping packaging to reduce the risk of damage in transit and to conceal the contents of the package. The Seller will immediately notify the Customer of any obvious damage incurred during shipping so that the Customer can assert any rights they may have against the carrier.
11.5The customer is responsible for the cost of returning the item. The risk of accidental loss or accidental deterioration of the item passes to the customer upon delivery of the item to a suitable carrier at the seller’s place of business. At the customer’s request, the seller will purchase shipping insurance for the item.
11.6The customer may also deliver the item to be repaired to the seller’s place of business and pick it up from there, if this is specified in the seller’s description of services or if the parties have entered into a corresponding agreement. In this case, the above provisions regarding the allocation of costs and risk in connection with the shipment and return of the item shall apply accordingly.
11.7The foregoing provisions do not limit the Customer’s statutory rights regarding defects in the event of the purchase of goods from the Seller.
11.8The seller is liable for defects in the repair services provided in accordance with the provisions of statutory liability for defects.
12) Redeeming Promotional Coupons
12.1Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the customer (hereinafter “promotional coupons”), may only be redeemed in the Seller’s online store and only during the specified period.
12.2Promotional coupons may only be redeemed by consumers.
12.3Certain products may be excluded from the coupon promotion if a corresponding restriction is specified in the terms of the promotional coupon.
12.4Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.
12.5Only one promotional coupon may be redeemed per order.
12.6If the promotional coupon specifies a specific amount rather than a percentage discount, the value of the merchandise must be at least equal to the amount of the promotional coupon. The seller will not refund any remaining balance.
12.7If the value of the promotional coupon is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
12.8The balance of a promotional coupon will not be paid out in cash, nor will it accrue interest.
12.9The promotional coupon is non-refundable if the customer returns goods paid for in whole or in part with the promotional coupon under his or her statutory right of withdrawal.
12.10The promotional coupon 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 of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.
13) Redeeming Gift Certificates
13.1Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.
13.2Gift certificates can only be redeemed before the order process is completed. They cannot be applied retroactively.
13.3Gift certificates may only be used to purchase merchandise and not to purchase additional gift certificates.
13.4If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
13.5The balance on a gift certificate will not be paid out in cash, nor will it accrue interest.
13.6The gift certificate is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the seller’s online store. This does not apply if the seller is aware of—or is grossly negligent in failing to be aware of—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.
14) Governing Law
14.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws governing the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
14.2Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not nationals of any Member State of the European Union and whose sole place of residence and shipping address, at the time the contract is concluded, are located outside the European Union.
15) Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within 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 is based 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 activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.
16) Alternative Dispute Resolution
The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
