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General Terms and Conditions with Customer Information
Update: 22.06.2020
Table of contents
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Kompagnon GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the offer to the seller by telephone, email, post or using the online contact form.
2.3 The Seller may accept the Customer’s offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If the payment method “PayPal Express” is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, he or she also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the order process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending their order together with these terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending their order.
2.6 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is permitted to receive the goods.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the separate section on the Seller’s website “Right of withdrawal”.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not shown, as the seller is a small business within the meaning of the VAT Act. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with Stripe.com, 510 Townsend Street, San Francisco, CA 94103, Stati Uniti (www.stripe.com), to which the provider assigns its payment claim. Stripe.com deducts the invoice amount from the customer's specified credit card account. In the event of assignment, only Stripe.com can be paid with a debt-discharging effect. The credit card is charged immediately after the customer's order has been sent in the online shop. Even if the credit card payment method is selected via Stripe.com, the provider remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments or credit notes.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers are provided to the customer as follows:
5.5 Here is the link for the shipping costs table
6) Retention of title
If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credits on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
9.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.
9.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop, with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.
10) Canceling the coffee subscription
10.1 The coffee subscription can be cancelled at any time. You can manage the subscription yourself in your customer account. Here you have the option of cancelling the subscription very easily. For logistical reasons, the cancellation must be made at least 3 days before the next shipping date.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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