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General Terms and Conditions for Online Orders § 1 Scope These General Terms and Conditions apply to all contracts concluded with you via our online shop. § 2 Contracting Party Your contracting party when purchasing goods in our online shop is Erste Tegernseer Kaffeerösterei GmbH, Tegernseerstr. 101, 83700 Rottach-Weissach, Germany, Telephone: +49 (0) 80 22 – 8 59 78 30, Email: bestellung@tegernseer-kaffeeroesterei.de § 3 Conclusion of Contract The contract is concluded via the online shop exclusively in German. The presentation of products in the online shop does not constitute a legally binding offer. It is non-binding and allows you to submit a legally binding offer. You initiate the order process by selecting the desired products and adding them to the shopping cart via the corresponding button on the respective offer page. By clicking the "Buy" button, you submit a legally binding offer to conclude a purchase contract for the goods in the shopping cart. Before submitting your offer, you can review your entries for any errors and correct them if necessary. The contract is concluded upon our acceptance of the contractual offer. We accept the contractual offer by sending you a shipping confirmation. We can also accept the contractual offer by sending you the ordered products. The contract is not yet concluded by us confirming receipt of the order. The contract is only concluded if you are of legal age. By placing your order, you confirm that you are over 18 years of age. Goods are only supplied in quantities customary for households. § 4 Right of Withdrawal If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with statutory provisions. If you, as a consumer, exercise your right of withdrawal in accordance with paragraph 1, you must bear the regular costs of returning the goods. In the case of the delivery of goods or the uniform delivery of goods from a single order process, the provisions of the following shall apply: Instructions on WithdrawalRight of WithdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us (Erste Tegernseer Kaffeerösterei GmbH, Tegernseerstr. 101, 83700 Rottach-Weissach, Telephone: +49 (0) 80 22 – 8 59 78 30, Telefax: +49 (0) 80 22 – 8 59 78 31, Email: bestellung@tegernseer-kaffeeroesterei.de) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In the case of a separate delivery of goods from a single order process, the provisions of the following shall apply: Instructions on Withdrawal Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.To exercise your right of withdrawal, you must inform us (Erste Tegernseer Kaffeerösterei GmbH, Tegernseerstr. 101, 83700 Rottach-Weissach, Telephone: +49 (0) 80 22 – 8 59 78 30, Telefax: +49 (0) 80 22 – 8 59 78 31, Email: bestellung@tegernseer-kaffeeroesterei.de) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. To withdraw from this contract, you may use the following model withdrawal form, but it is not mandatory: Model Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and send it back.) To Erste Tegernseer Kaffeerösterei GmbH, Tegernseerstr. 101, 83700 Rottach-Weissach, Telephone: +49 (0) 80 22 – 8 59 78 30, Telefax: +49 (0) 80 22 – 8 59 78 31, Email: bestellung@tegernseer-kaffeeroesterei.de: I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*) – Ordered on (*)/received on (*):– Name of consumer(s):– Address of consumer(s):– Signature of consumer(s) (only if notification is on paper):– Date: (*) Delete as appropriate. The right of withdrawal does not apply to the following contracts:• Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or determination by you is decisive or which are clearly tailored to your personal needs,• Contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded,• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery,• Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,• Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can only be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,• Contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery,• Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts. § 5 Price Information and Shipping Costs All prices in our online shop are gross prices in Euro. They include statutory VAT, but not shipping costs. Shipping costs are to be borne by you. The current shipping costs are separately indicated in our online shop. The price including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order. § 6 Payment, Set-off and Retention We offer you the following payment options: Credit card, instant bank transfer (Sofortüberweisung), PayPal, advance payment. If you choose "Credit card" as the payment option, by submitting your order, you agree that we may charge the credit card with the payment after receipt of the order. You only have a right of set-off if your counterclaims have been legally established or are undisputed by us. You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship. § 7 Shipping and Delivery Ordered products are shipped within Germany, to Austria, France, Belgium, the Netherlands and Luxembourg. Shipping to other countries is only possible upon request and under separately agreed conditions. We are entitled to make partial deliveries, provided this is reasonable for you. Unless otherwise agreed, delivery will be made to the delivery address you provided. Ordered products will be shipped by mail through a suitable shipping service provider. The choice of shipping service provider is at our discretion. The delivery time for shipments within Germany is 4-5 working days after receipt of order, and for shipments to Austria, France, Belgium, the Netherlands or Luxembourg, 7-10 working days after receipt of order. § 8 Retention of Title The delivered goods remain our property until full payment has been made. § 9 Rights of the Customer due to Defects For defects in the ordered products, we are liable to you according to statutory provisions, in particular §§ 434 et seq. BGB (German Civil Code). Liability for damages is limited in accordance with § 10 of these General Terms and Conditions. To assert claims for defects, you can use the contact options mentioned in § 1 of these General Terms and Conditions. Should special guarantees apply to products, your statutory claims for defects remain unaffected. The contact person for claims under any guarantee can be found in the guarantee provisions, which may be enclosed with the product. § 10 Limitation of Liability We are liable for damages without limitation if the cause of damage is based on intent or gross negligence. Furthermore, we are liable for the slightly negligent breach of an essential contractual obligation, i.e., an obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment you may regularly rely (cardinal obligation). In this case, we are only liable for the foreseeable, typical damage for the contract. The aforementioned limitations of liability do not apply to injury to life, body and health or to claims under the Product Liability Act. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives or vicarious agents. § 11 Applicable Law For all disputes arising in connection with the initiation, execution or settlement of the contractual relationship, German law applies exclusively, unless mandatory consumer protection regulations of the country in which the customer has his usual residence take precedence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. § 12 Alternative Dispute Resolution in Accordance with Art. 14 (1) ODR-VO and § 36 VSBG The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr/.We are not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.  

  Within Germany Shipping costs within Germany are a flat rate of 4.90 EUR per delivery, regardless of shipping weight. For orders over 50.00 EUR, shipping within Germany is free. (All prices include statutory VAT.) Delivery time is approx. 1-3 business days after receipt of order.     Shipping and delivery costs Austria and Benelux  Shipping costs for Austria and Benelux are a flat rate of 12.90 EUR per delivery, regardless of shipping weight. For orders over 150.00 EUR, shipping to Austria and Benelux is free. Delivery time is approx. 5-7 business days after receipt of order. Orders, delivery conditions, and shipping costs for delivery to other countries are available upon request.     Bank details:Kreissparkasse Miesbach-Tegernsee Bank Code: 71152570Account No.: 8821373 IBAN: DE37 7115 2570 0008 8213 73 BIC/SWIFT: BYLADEM1MIB

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