Terms, Conditions and Customer Information
I. Terms of service
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you sign with us as a provider (Dollos GmbH) via the website www.pandacoffeeberlin.com. Unless otherwise agreed, the inclusion of any of your own terms is contradicted.
(2) A consumer within the meaning of the following rules is any natural person who closes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Realisation of the contract
(1) Subject of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to sign a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar, you can call up the “shopping cart” and make changes there at any time. After opening the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page. As far as you use the instant payment system “PayPal” by clicking on the corresponding button in the shop system, you will be redirected to the login page of PayPal. After successful registration, your PayPal address and account information will be displayed. With the “continue” button you will be redirected back to our online shop on the order overview page. Before submitting the order, you have the opportunity to review all information here again, to change (also via the function “back” of the Internet browser) or cancel the purchase. By submitting the order via the button “buy now” you make a binding offer to us.
(3) The acceptance of the offer (and thus the finalisation of the contract) takes place immediately after ordering by confirmation in text form (for example e-mail), in which the execution of the order or the delivery of goods is confirmed (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Credit check
If we deliver the goods in advance of payment, e.g. In the case of payment by invoice or direct debit, your data will be checked for the purpose of checking the creditworthiness of our legitimate interests. We reserve the right to refuse the payment method on account or direct debit as a result of the credit check.
(2) Payment by invoice
We offer you the payment by invoice as a payment option. The payment period is 14 days from date of invoice. The invoice will be issued upon shipment of the goods and sent either by e-mail or together with the goods. If the 14-day payment period is not met, we reserve the right to charge a reminder fee.
We check and evaluate your data and, if there is a legitimate interest and cause, we maintain a data exchange with other companies and credit reference agencies. Your personal details will be treated in accordance with applicable data protection regulations and in accordance with the law.
§ 4 Right of retention, reservation of ownership
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Legal responsibility
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase and in all other legally regulated cases.
(2) The legal responsibility for defects within the scope of the legal warranty is governed by the corresponding regulation in our customer information (Part II).
(3) If significant contractual obligations are affected, our liability for slight negligence is limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations that the contract imposes on us according to its content for the purpose of fulfilling the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and whose compliance you can regularly trust.
(4) Upon violation of insignificant contractual obligations, the liability for slightly negligent breaches of duty is excluded.
(5) The data communication via the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 6 Choice of law, place of fulfillment, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorable principle).
(2) The place of fulfillment for all services arising from our existing business relationships as well as place of jurisdiction is our registered office, as far as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is unknown at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The regulations of the UN Sales Convention explicitly do not apply.
§ 7 Youth protection
(1) When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age. Existing age restrictions are indicated in the respective article description.
(2) By submitting your order, you assure that you have reached the statutory minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or those persons authorized by you to receive the delivery and who have reached the legal minimum age will receive the goods.
(3) As far as we are obliged by statutory provisions to carry out an age check, we instruct the logistics service provider commissioned with the delivery to deliver the goods only to persons who have reached the legal minimum age, and in case of doubt, receive the identity card of the goods to be presented to the person.
(4) As far as we indicate beyond the legally prescribed minimum age in the respective article description that you must have reached the age of 18 for the purchase of the goods, the above paragraphs 1-3 apply with the proviso that instead of the statutory minimum age, majority (full legal age) must be present.
II. Customer information
1. Identity of the seller
Panda Coffee Berlin
10117 Berlin, Germany
2. Information about the finalisation of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part II).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
4. Essential features of the product or service
The main features of the product and/or service can be found in the item description and the supplementary information on our website.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective article description. Shipping costs will also be shown separately during the ordering process and must be borne by you in addition, unless the delivery free of charge has been promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective item description.
5.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Delivery terms
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective item description.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
7. Legal warranty rights
7.1. There are statutory warranty rights.
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
These terms and conditions and customer information were created by the lawyers specializing in IT law of the dealer alliance and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.