Terms and Conditions
1. Scope of application
1.1 The following General Terms and Conditions (hereinafter referred to as „AGB“) apply to all contracts between K + M Kaffee und Maschinen GmbH and the buyer (hereinafter referred to as „customer“) for the sale and/or delivery of movable goods (hereinafter referred to as „goods“) using the online store of K + M Kaffee und Maschinen GmbH. Deviating, conflicting or supplementary regulations are only valid if they have been agreed upon in writing between K+M Kaffee und Maschinen GmbH and the customer.
1.2 Individual agreements made with the customer in individual cases (including ancillary agreements, additions and amendments) shall in any case take precedence over these GTC. For the content of such agreements, a written contract or the written confirmation of K+M Kaffee und Maschinen GmbH is decisive.
1.3 With an order of the customer in the online store of K+M Kaffee und Maschinen GmbH, the following terms and conditions are accepted.
2 Conclusion of contract
2.1 The offers of the online store on the Internet represent a non-binding invitation to the customer to order goods in the online store of K+M Kaffee und Maschinen GmbH.
2.2 By ordering the desired goods in the online store, the customer makes a binding offer to conclude a purchase contract. By „clicking“ the button „Submit order“ you place a binding order for the goods listed in the shopping cart. The order is placed at the prices and information valid on the day of the order. All offers are valid while stocks last, unless otherwise stated for the individual goods. K+M Kaffee und Maschinen GmbH reserves the right to make errors.
2.3 The contract is concluded with K+M Kaffee und Maschinen GmbH as soon as K+M Kaffee und Maschinen GmbH has declared acceptance of the customer's offer by confirming the order by e-mail. K+M Kaffee und Maschinen GmbH is entitled to accept this offer within 7 calendar days by sending an order confirmation. The order confirmation will be sent by K+M Kaffee und Maschinen GmbH. After fruitless expiry of the 7-day period, the offer is deemed to have been rejected.
3. Delivery
3.1 All items will be delivered immediately, if available from stock, to the delivery address specified by the customer. Delivery will only be made within Germany. Foreign orders must be agreed individually with K+M Kaffee und Maschinen GmbH.
3.2 As a rule, you will receive your goods within 7 calendar days from receipt of the order confirmation, unless otherwise specified. The shipment will be made by DPD. Delivery Monday to Friday. We do not deliver to packing stations, parcel stores or post offices.
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3.3 If an item is not available at short notice, we will inform you by e-mail üabout the expected delivery time, provided that we have an address from you. You are then free to wait for the ordered product or to cancel your order immediately. In the event of cancellation, any services already provided will be refunded. In the event of delays in delivery due to force majeure, traffic disruptions and acts of God, as well as other events for which we are not responsible, no compensation can be claimed.
3.4 Unless the purchase is a consumer goods (§ 474 para. 1 BGB), the risk of accidental loss and accidental deterioration of the goods passes to the customer üas soon as the delivery has been handed over to the transport person ü
4. Cancellation policy
4.1 Right of withdrawal: You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the supplier, have taken or has taken possession of the last goods.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the supplier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must:
- by mail: K+M Kaffee und Maschinen GmbH, Meschwitzstraße 5, 01099 Dresden or .
- by phone: +49 351 655 78 88-0 or
- by fax: +49 351 655 78 88-19 or
- by e-mail: E-mail: info@dresden-kaffee.de
by means of a clear declaration (eg a letter sent by mail, fax, telephone or e-mail) über your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice über the exercise of the right of withdrawal before the expiry of the withdrawal period.
4. 2 Consequences of revocation: If you revoke this contract, we have to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us; The customer is obliged to pay back the full amount of the purchase price without delay and at the latest within 14 days from the day on which we received the notification of cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods without delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to:
K+M Kaffee und Maschinen GmbH, Meschwitzstraße 5, 01099 Dresden
to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of 14 days.
You bear the direct costs of the Rücksendung of the goods. You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
You are responsible for the direct cost of returning the goods.
4.3 Model cancellation form:
If you want to revoke the contract, please fill out this form and send it back to:
– by mail: K+M Kaffee und Maschinen GmbH, Meschwitzstra;e 5, 01099 Dresden (or alternatively P.O. Box
– by fax: +49 351 655 78 88-19 or
– by e-mail: E-Mail: info@dresden-kaffee.de
Hereby I / we (*) revoke the contract concluded by me / us (*) über the purchase of the following goods (*)/the provision of the following service (*):< /p>
Ordered on (*)_____________________________
Received on (*)_____________________________
Name and address of consumer(s):
__________________________________
__________________________________
__________________________________
_________________________________
Signature of consumer(s)
Date, signature
(*) Delete where not applicable
5. Packing and shipping costs
5.1 For the delivery within Germany and the packaging costs, we charge a pro rata flat rate of 4.90 EUR. The valid VAT is included in the shipping costs.
5.2 For orders with an order value of über 39,00 EUR we deliver within Germany free of shipping costs.
5.3 On request, can also – against Übernahme the additional costs of the courier – express deliveries are carried out.
6. Prices and terms of payment
6.1 All prices stated in the online store are final prices including VAT.
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6.2 For delivery within Germany, the following methods of payment are möglich:
1. Cash on delivery: The customer is obliged to pay the purchase price upon delivery of goods. For deliveries by cash on delivery, an additional cash on delivery fee of 4.00 EUR. The parcel service raises a Übermittlungsgebühr of 2.00 EUR, which is to be paid by the recipient.
2. By prepayment: The customer is obliged to pay the purchase price after conclusion of the contract immediately by Überweisungen to our account. When paying in advance, you will receive from us an E – Mail with the exact invoice data. Therefore, please be sure to enter your e-mail address and phone number in the order form, so that we can contact you. Please indicate in your Überweisung as the purpose of your name and the invoice number, so that we can assign your receipt of payment of the order
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3. By Paypal: You pay the total amount by means of your PayPal account. Once you have selected the payment method PayPal, you will be forwarded directly to PayPal after submitting your order. Existing PayPal customers can simply log in with your access data and confirm the payment. If you are not yet a PayPal customer, you can register as a guest or open a new PayPal account and confirm the payment. As soon as the payment is booked at K+M Kaffee und Maschinen GmbH, your ordered goods will be shipped to you. If you decide to return your goods, the amount paid will be credited to your PayPal account.
6.3 For foreign deliveries, payment will be made in advance.
6.4 The customer shall be in default at the latest if he fails to make payment within the payment period noted on the invoice or contractually agreed upon after the due date of the payment claim and receipt of the invoice. If these payment deadlines are exceeded, we will charge reminder and processing fees of 2.50 euros per reminder.
7. retention of title
Until full payment, the delivered goods remain the property of K+M Kaffee und Maschinen GmbH (retention of title).
8. set-off/retention
8.1 The customer is only entitled to offset his own claims against payment claims of K+M Kaffee und Maschinen GmbH if the customer's counterclaims have been legally established by a German court or have been acknowledged in writing by K+M Kaffee und Maschinen GmbH.
8.2 The customer is not entitled to offset his own claims against payment claims of K+M Kaffee und Maschinen GmbH.
8.2 The customer is only entitled to a right of retention against the payment claims of K+M Kaffee und Maschinen GmbH if the reasons for this arise from the same contractual relationship.
9. Warranty
9.1 The warranty shall be in accordance with the statutory provisions.
9.2 In the event of any defects occurring during the statutory warranty period of 2 years from delivery of the goods, you shall have the statutory right to subsequent replacement (at your option: remedy of the defect or new delivery of the goods) and – if the other statutory requirements are met – the statutory rights to a reduction in the purchase price or rescission of the contract and, in addition, to damages or reimbursement of futile expenses.
9.3 You must allow us a total of two attempts to remedy the defect. If the type of rectification requested by you is only possible at unreasonable costs, your claim shall be limited to the other type of rectification listed above.
9.4 If the subsequent replacement is made by way of a new delivery, the customer is obliged to return the defective goods first delivered to K+M Kaffee und Maschinen GmbH within 30 days at the expense of K+M Kaffee und Maschinen GmbH. The return of the defective goods must be carried out according to the legal regulations. K+M Kaffee und Maschinen GmbH reserves the right to claim compensation for lost value instead of or in addition to the defective goods to be returned under the legally regulated conditions. The statute of limitations for this shall be measured in accordance with the statutory provisions.
10. limitation of liability
10.1 Unless otherwise stated below, any further claims of the customer, regardless of the legal grounds, are excluded. Therefore, K+M Kaffee und Maschinen GmbH is not liable for damages that have not occurred to the delivered goods themselves; in particular, K+M Kaffee und Maschinen GmbH is not liable for loss of profit or for other damages to the customer's assets.
10.2 As far as the contractual liability of K+M Kaffee und Maschinen GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of K+M Kaffee und Maschinen GmbH.
10.3 If K+M Kaffee und Maschinen GmbH negligently violates an essential contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage.
10.4 If transport damage to the goods is detected, the customer or the consignee commissioned by him shall immediately submit a damage report to the freight carrier (shipping service). Other recognizable transport damage must be reported to us in writing within 3 days of receipt of the goods at the latest. We shall not be liable for defects which have arisen as a result of incorrect handling, normal wear and tear or external influence. In the event of repairs to the goods carried out by the customer or by third parties without our written consent, the warranty claim against us shall expire. Express reference is made to 377 HGB (German Commercial Code).
10.5 The foregoing limitations of liability shall not apply to the extent that the customer's claims for compensation for damage to body or health are based on a defect for which K+M Kaffee und Maschinen GmbH is responsible or on gross negligence on the part of K+M Kaffee und Maschinen GmbH or its employees, representatives and vicarious agents. The provisions of the Product Liability Act shall remain unaffected.
11. Data Protection
The data provided by you übermittten are used by us exclusively for the processing of your orders. All your data will be treated by us strictly confidential.
A transfer of data to third parties (eg shipping services) by us only if this is necessary for the order processing. The order data is encrypted and secured übtransfer, but we übernehmen no liability for data security during this Übertransmissions über the Internet (eg due to technical errors of the provider) or for any criminal access by third parties to files of our Internet presence. Access data for the customer login, which are transmitted to the customer at the customer's request, are to be treated as strictly confidential by the customer. We accept no responsibility whatsoever for the use of this data by you. Further details are available from K+M Kaffee und Maschinen GmbH at www.dresden-kaffee.de or will be sent to the customer upon request.
12. Copyright
All third-party logos, images and graphics displayed in the online store of K+M Kaffee und Maschinen GmbH are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines displayed in the online store, which are our own developments or have been prepared by us, may not be copied or otherwise used without our consent. All rights reserved.
13. miscellaneous
We have no influence on it, if articles are taken by our suppliers from the program and are thus no longer available or in kind and execution geändert were.
If we should be offered a replacement article by the supplier, we will inform you about it. A claim for damages because of no longer available articles can not be asserted against us. Price changes of individual items, we reserve the right.
14. Links
With judgment of May 12, 1998 (file number 312 O 85/98) “Liability for links” the Regional Court of Hamburg has ruled that by providing a link to the contents of the linked page under certain circumstances has to answer for. This can – so the LG – only be prevented by the fact that one dissociates himself expressly from these contents. We therefore hereby distance ourselves from the content of all websites linked to our homepage. This declaration applies to all links on our website. The respective pages reflect exclusively information and opinions of the respective site operators!
15 Choice of law and place of performance / jurisdiction
15.1 These GTC and the conclusion and performance of all contracts shall be governed by German law.
16. severability clause
Should one or more provisions of these Terms and Conditions, for whatever reason, be invalid, this does not entail the invalidity of the entire Terms and Conditions. The remaining provisions shall remain unaffected. The ineffective provision will be replaced by the enschlägige legal regulation.
Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/odr
