General Terms and Conditions
General Terms and Conditions
1. scope of application
2. conclusion of contract/price
3. right of withdrawal/legal consequences
4. delivery/shipping costs/risk taking
5. maturity and payment, delay
6. set-off, retention
7. retention of title
8. data protection
9. liability for defects
10. applicable law
§ 1 Scope of application
All contractual relationships between the BB Coffee Company GmbH
(hereinafter referred to as "BB Coffee Company GmbH") and its customers (hereinafter also referred to as "orderer" or "customer" irrespective of gender) are exclusively subject to the following General Terms and Conditions in the version valid at the time of the respective order. They apply to the delivery and shipment of goods that the customer (ordering party) orders from BB Coffee Company GmbH via the Internet, by e-mail, in writing or by fax, in particular, but not exclusively, for orders placed via the website "http://www.supremo-kaffee.de" operated by BB Coffee Company GmbH as well as future additional websites. Deviating terms and conditions of the customer (orderer) shall not apply unless BB Coffee Company GmbH expressly agrees to the validity of such terms and conditions in advance and in writing.
§ 2 Conclusion of contract/price
The order of the customer represents a binding offer of the customer to BB Coffee Company GmbH for the conclusion of a purchase contract, which BB Coffee Company GmbH may accept at its own discretion within 4 weeks after receipt of the offer. After placing an order with BB Coffee Company GmbH, the customer receives an e-mail confirming receipt of the order and listing its details (order confirmation). This order confirmation does not represent an acceptance of the offer, but merely an information e-mail. A purchase contract is only concluded when BB Coffee Company GmbH ships the ordered product to the customer. Any right of withdrawal of the customer remains unaffected by this. The prices and delivery conditions listed on the website of BB Coffee Company GmbH at the time of the customer's order are binding for BB Coffee Company GmbH. However, in the event of typing, printing and calculation errors, BB Coffee Company GmbH is entitled to withdraw from the contract.
All prices include value added tax at the respective statutory rate. The BB Coffee Company GmbH does not offer any products for purchase by minors.
§ 3 Cancellation/Legal Consequences
The timely dispatch of the goods is sufficient to meet the deadline. The return of the goods must be sent to: BB Coffee Company GmbH, Kapellenstraße 9, 82008 Unterhaching. The right of withdrawal does not apply to perishable goods or goods which would exceed the expiry date if returned.
In the event of an effective revocation of the contract, the services received by both parties shall be returned and any benefits derived (e.g. advantages of use) shall be surrendered. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection - as it would have been usual in a retail store, for example. The customer can avoid the obligation to pay compensation by not using the goods as an owner and by refraining from doing anything that could impair the value of the goods. In the event of a revocation of the contract, the customer is obliged to bear the costs of returning a delivery of goods whose total order value is up to EUR 40.00, if the delivered goods correspond to the ordered goods.
§ 4 Delivery/shipping costs/risk assumption
Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the customer. The dispatch of the ordered goods is carried out by post through the involvement of a corresponding company, currently DHL, according to the respective valid dispatch conditions. The selection of the corresponding company is exclusively at the discretion of BB Coffee Company GmbH. Partial deliveries are permissible as far as reasonable for the orderer.
Shipping costs: EUR 4,95 – Shipping within Germany. From a purchase value of EUR 100 there are no shipping costs.
Shipping costs: EUR 10,95 – Shipping to Austria. From a purchase value of EUR 200there are no shipping costs.
Shipping costs to other countries are determined individually and by weight.
There is no minimum order quantity.
The risk of loss of the goods is transferred to the customer when the goods are handed over to the company responsible for shipping the goods.
§ 5 Due date and payment, default
New customers can pay the purchase price by invoice or direct debit from the 3rd order. For security reasons, the first 2 orders can only be made by prepayment or Paypal payment. If the orderer is in default of payment, the BB Coffee Company GmbH is entitled to demand interest on arrears in the amount of 5% above the base interest rate p.a.. If the BB Coffee Company GmbH has demonstrably incurred a higher damage caused by default, the BB Coffee Company GmbH is entitled to assert this.
In the event of non-payment or return of a direct debit, the orderer hereby irrevocably authorizes his bank to inform BB Coffee Company GmbH of his name and current address. Any return debit note fees, which are charged to BB Coffee Company GmbH for reasons for which the orderer is responsible, can be claimed by BB Coffee Company GmbH as damages against the orderer.
Please make payments to our following bank account:
BB Coffee Company
Kreissparkasse München Starnberg
§ 6 Offsetting, retention
The orderer is only entitled to set-off if his counterclaims have been legally established or acknowledged by BB Coffee Company GmbH. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 Retention of title
The delivered goods remain the property of BB Coffee Company GmbH until full payment by the orderer.
§ 8 Data protection
All personal data shall be treated confidentially as a matter of principle. The data necessary for the business transaction shall be stored and, if necessary, passed on to companies entrusted with the processing of the order. For the purpose of credit checks and creditworthiness monitoring, address and creditworthiness data may be passed on to Schufa, 65203 Wiesbaden and other business information services for the duration of the customer relationship.
§ 9 Liability for defects
If there is a defect in the purchased item, BB Coffee Company GmbH shall be liable in accordance with the statutory provisions, unless otherwise stipulated below. The assignment of these claims of the orderer is excluded.
Unless otherwise stipulated below, other claims of the orderer - regardless of the legal grounds - are excluded. In particular, BB Coffee Company GmbH shall not be liable for damages that have not occurred to the delivery item itself (consequential damages). BB Coffee Company GmbH is also not liable for loss of profit or for other financial losses of the orderer. Insofar as the liability of BB Coffee Company GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The aforementioned limitation of liability shall not apply if the cause of damage is based on intent, gross negligence, the breach of an essential contractual obligation or in the case of injury to life, body and health of the Ordering Party. Furthermore, it does not apply if the orderer asserts legal claims independent of fault (e.g. according to the Product Liability Act). If BB Coffee Company GmbH violates an essential contractual obligation due to slight negligence, the obligation of BB Coffee Company GmbH to pay compensation for material damage is limited to the typically occurring damage.
§ 10 Applicable law
The contractual relations between BB Coffee Company GmbH and the orderer shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).