general standard terms and conditions (GTC)
General Terms and Conditions of Espressomobil – Espressomobil Service GmbH & Co KG
- These conditions apply to all our deliveries and services in connection with our online shop. Deviating provisions of the customer shall not become part of the contract, even if reference is made to them and they are not contradicted. The contract is concluded in German language.
- The binding and chargeable order is made by sending the online form with all necessary customer data from the online shop. The customer is liable for legal consequences arising from incomplete or incorrect data.
- The order by customers represents an offer to conclude a sales contract. The contract is concluded by our order confirmation, which will be sent to the customer immediately. During this time the customer is bound to his order.
We send the order confirmation to the e-mail address provided by the customer. If the ordered goods are currently or not at all available, the customer will be informed by us by e-mail.
- The invoice will be sent by e-mail.
- We reserve the right to refuse orders or parts thereof.
- Unless otherwise specified in individual cases, we will deliver the ordered goods within 2 weeks of receipt of the order at the latest. The dispatch is carried out at the expense and risk of the buyer by a parcel delivery service. From € 50 purchase value free of shipping costs below this amount, the buyer will be charged € 5 per shipment. The orders are processed on working days in detailed order.
- The prices indicated on our homepage are final prices in Euro including VAT, but excluding shipping costs. These will be invoiced separately or shown on the invoice (see point 6).
- In the case of delivery to a non-EU country, the prices quoted are increased by the import and export charges as well as any customs duties, fees, levies, etc. These are not included in the stated prices and are to be borne exclusively by the customer. The customer bears the export risk outside the EU. The sales tax included in the prices is not applicable in case of delivery to a non-EU country. Instead, the value-added tax in the respective non-EU country must be paid by the customer in accordance with the regulations applicable there. It is the responsibility of the buyer to pay any local taxes.
- For sales to member countries of the European Union we charge value added tax.
- Any additional costs incurred by us due to the fact that the agreed method of payment is not feasible (for example, due to a lack of funds in the customer’s bank account or due to the provision of incorrect data) shall be reimbursed to us by the customer. The customer shall be liable for all additional costs arising from the delay in payment, in particular collection expenses, court and attorney fees, etc.
- Payment shall be made via PayPal or other payment methods to be agreed in individual cases. Credit notes from returns are always posted back to the payment method used for the purchase.
- Applies only to non-consumers within the meaning of the Consumer Protection Act: We are only liable for direct damages and disadvantages of the customer resulting from delay in delivery or non-delivery if we are guilty of intent or gross negligence. Any further liability is excluded.
- The customer, who is a consumer within the meaning of the Consumer Protection Act and the FAGG, has the right to withdraw from the contract without stating reasons within a period of 14 days, beginning on the day the goods are received by the customer. The withdrawal must be made in writing or by e-mail. The customer bears the risk that the declaration of withdrawal is received by us; we therefore recommend that it be sent by registered letter.
The customer has no right of withdrawal in the following cases:
– if the goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery;
– Goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
This means that the right of withdrawal only applies to unopened, originally closed and sealed coffee packaging.
In the event of withdrawal, the goods received must be returned immediately, but at the latest within 14 days of the declaration of withdrawal. The payment made by the consumer will be refunded to the customer without delay, at the latest 14 days after receipt of the declaration of withdrawal, according to the method of payment originally chosen by the customer.
The goods must be in unused condition and in their original packaging, undamaged and clean. The customer shall bear the costs for the reduction of the market value of the goods if this is due to an unnecessary handling of the goods in order to check their condition and properties.
The costs of the return shipment shall finally be borne by the consumer.
Otherwise, §11 ff FAGG and the statutory warranty provisions shall apply to the withdrawal.
- The delivered goods remain our property until full payment is received.
- Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and all non-mandatory reference standards. The place of performance and jurisdiction is Vienna, unless other mandatory regulations apply to consumers.
- Data protection:The contract data is only stored for the fulfilment of the order, the contract text cannot be viewed separately in the online shop.