Terms of Service

1. Contractual Partners – Scope – Definitions

The contract is concluded with:

Dresdner Kaffeestübchen

Managing director: Ralf Mueller
Salzgasse 8
01067 Dresden
Tel. 0151 / 54 84 66 25
Email: info@dresdner- Kaffeestuebchen.de
Local court Dresden

• hereinafter referred to as the provider

These general terms and conditions apply to all orders between the provider and the customer (hereinafter referred to as “customer” or “you”). The version valid at the time the contract is concluded is decisive. Deviating, conflicting or supplementary general terms and conditions of the customer do not apply unless we have expressly agreed to their validity.
If these General Terms and Conditions refer to “consumers”, these are natural persons who conclude a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. “Entrepreneurs”, on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-employed professional activity. “Customers” within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. If working days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays.

1. order process
   The customer can place the desired product in the shopping cart without obligation by clicking on it in the shop. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart. Input errors can be corrected at any time using the keyboard and mouse in the input fields and goods can be deleted from the shopping cart. If the customer wants to buy goods from the shopping cart, he can initiate the ordering process by clicking the “Buy” button. Before submitting your order, you will see the data and items you have entered again. By clicking on the edit links next to the individual data, you have the opportunity to correct them again. You can cancel the ordering process at any time by closing the browser window or by pressing the “continue” and then “buy” button.
2. conclusion of contract
   The presentation of the goods in the online shop does not constitute a legally binding offer, but an invitation to place an order. Subject to errors. By clicking the “buy” button, the customer submits a binding offer to purchase the goods listed on the order page. The provider will immediately confirm receipt of the order with the content of the offer to the customer by email to the email address specified in the offer after the provider has received the offer. This order confirmation does not constitute acceptance of the contract.
   The provider can accept the customer’s order by sending an order confirmation by e-mail or by delivering the goods within 3-6 working days. The order is confirmed by sending an email to the email address specified in the customer’s offer. If the customer does not have an email address that can be delivered, the order will be confirmed when the goods are delivered to the delivery address specified by the customer. If the provider has not accepted the customer’s offer, the offer is deemed to have been rejected. No sales contract is concluded for products that are not listed in the order confirmation.
   In the case of the PayPal payment method, the customer’s account will be debited immediately due to technical peculiarities. However, this does not constitute acceptance of the customer’s offer. If the provider is unable to deliver the customer’s order, the customer will be refunded the payment made immediately. All products offered are only sold in normal household quantities.
3. Prices and terms of payment
   All prices quoted are in euros including the statutory sales tax and other price components, plus shipping costs if applicable, which the customer will be informed of before the order is placed. The shipping costs are clearly communicated to the customer in the shopping cart system and on the order page. Otherwise, the provider charges at least € 7.00 gross shipping costs.
   You have the option of paying in advance or by Paypal and cash (without discounts or other deductions) upon collection. When picking up the goods, this must be noted during the ordering process in “Message about your order”. If you pay in advance, we will give you our bank details in the order confirmation.
   The contractual relationships between PayPal and its customers are based exclusively on PayPal’s terms of use. There are no additional taxes or additional costs.
4. delivery
   Unless expressly stated otherwise in the offer, delivery in Germany takes place within 3-6 working days after receipt of the order. If the delivery of the goods is delayed beyond the period specified there, we will inform you immediately by e-mail with the new delivery time.
   In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are handed over, in the case of mail-order sales when the goods are delivered to the carrier or the person or institution otherwise responsible for carrying out the shipment.
   Please note that the delivery of the goods ordered in advance will only take place after the full amount has been credited to our account. If we have not received your payment within 10 working days after sending the order confirmation, despite being due, even after being requested to do so again, we will withdraw from the contract with the result that your order is no longer valid and we are not obliged to deliver. The order is then completed for you and for us without further consequences. A reservation of the item in the case of advance payments is therefore made for a maximum of 10 working days.
5. retention of title
   The delivered goods remain the property of the provider until the purchase price has been paid in full.
6. Right of withdrawal for distance contracts
   Consumers have the following right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must

Dresdner Kaffeestübchen

Salzgasse 8
01067 Dresden
Tel. 0151 / 54 84 66 25
Email: info@dresdner- Kaffeestuebchen.de
Local court Dresden

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you revoke this contract, we have paid 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 have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment 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 or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to an extent with you that is not necessary to check the nature, properties and functioning of the goods.

The right of withdrawal does not apply to

• Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer
• Contracts for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded
• Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.

1. General information on returning goods
   Please avoid damage and contamination of the product. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging to ensure adequate protection against transport damage. These general instructions are not a prerequisite for the effective exercise of the right of withdrawal.
   Repayments by the provider are made to the account used by the customer for payment. In the case of advance payment, the return transfer will be sent to the account from which the transfer was made. If the customer paid via PayPal, the refund will be made to the customer’s associated PayPal account.

If, in the event of a revocation, you send the goods back to us freight collect, contrary to your obligation to bear the costs, the seller is entitled to deduct the actual costs incurred for accepting the return of the revoked goods from the purchase price to be refunded to you.

1. Cost Sharing Agreement
   You bear the direct costs of returning the goods.
2. transport damage
   If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible. Failure to make a complaint or contact has no consequences for the statutory warranty claims of consumers and only serves to support the provider in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.
3. warranty
   The statutory warranty obligation applies to consumers.
   In the case of entrepreneurs, we initially provide a warranty for defects in the goods, at our discretion, by rectification or replacement delivery. Entrepreneurs must immediately inspect the delivered goods for quality and quantity deviations and notify us in writing of any recognizable defects within a period of one week from receipt of the goods. If a complaint is not made within 7 days, the goods are deemed to have been delivered properly and completely, unless the defect was not recognizable during the inspection. Deadline is sufficient for the timely dispatch. The above does not apply to the purchase of consumer goods.
   The statutory regulation applies to the statute of limitations for warranty claims.
4. Storage option and insight into the text of the contract
   You can view these General Terms and Conditions on the internet shop pages www.kaffanero-shop.de under “General Terms and Conditions”.
   You can also print out or save this document.
   Our order confirmation e-mail, which we send to the e-mail address you provided after your order, once again contains the data of your order.
   We offer password-protected direct access for every customer. If you have registered, you can view data about your completed, open and recently sent orders and manage and save your address data, any payment data and any newsletter.
5. Final Provisions
   Contract language is German.
   If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction for all disputes arising from this contractual relationship is the registered office of the provider. The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany. The provider is also entitled to sue the customer at his general place of jurisdiction.
   If the customer is an entrepreneur, all changes, ancillary agreements, the termination and cancellation of this agreement must be in writing. This also applies to a change or cancellation of this clause.
   The law of the Federal Republic of Germany applies, excluding the provisions of the uniform UN sales law for the purchase of movable goods (CISG). For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.