Caffè A Mano GmbH’s General Conditions of Sale
§ 1 Area of application and contractual basis
(1)
These general conditions of sale (hereinafter referred to as the “Sale Conditions”) apply for all contracts entered into between us, Caffè A Mano GmbH, Kleinhohenheimer Str. 5, 70619 Stuttgart, as the seller, and you as our customer (hereinafter also the “Customer”) concerning the supply of goods and/or the rendering of services.
(2)
All agreements entered into between you and us in connection with the purchase contract arise in particular out of these Sale Conditions, our written order confirmation, and our acceptance declaration. The incorporation of the Customer’s own contract terms is hereby objected to unless something different has been agreed upon.
(3)
Images or drawings contained in our brochures, advertisements and other offer documents are only approximately authoritative, insofar as the information contained therein is not designated expressly by us as binding.
(4)
A “consumer” in the sense of these Sale Conditions is any natural person who enters into a legal transaction for purposes which are overwhelmingly not attributable to their commercial or their independent business activity. An “entrepreneur” in the sense of these SC is any natural person who or legal entity which or a partnership with legal capacity which is acting in the exercise of their or its independent professional or commercial activity when entering into a legal transaction.
§ 2 Entry into contract
(1)
The product descriptions contained on our website do not constitute any binding offers by us, but rather serve the expression of a non-binding interest by the Customer.
(2)
The Customer can make non-binding enquiries about the availability of the products presented on our website via the contact form available on the website or via other communication methods such as email, letter or telephone.
(3)
If the product enquired about by the Customer is available, we will send the Customer by email an offer together with these SC and rescission information. The Customer can accept this offer five days after the sending of the offer through confirmation by email. That confirmation constitutes binding acceptance of the offer, and results in entry into a contract. After receipt of that email, we will send the Customer an invoice for payment in advance.
(4)
After order confirmation by the Customer by email, the contract text will be saved by us.
§ 3 Rescission right & rescission information
(1)
Consumers in the sense of § 1 (4) hereof are entitled to a rescission right pursuant to the following.
Rescission information
Rescission right
You have the right to rescind this contract within fourteen (14) days without giving a reason.
The period for declaring rescission is fourteen (14) days from the day on which you or a third party named by you, which is not the carrier, took possession of the last goods.
In order to exercise your rescission right, you must inform us (Caffè A Mano GmbH, Kleinhohenheimer Str. 5, 70619 Stuttgart, email: info@manument.com) by means of a clear declaration (e.g. a letter sent by mail, or an email) about your decision to rescind this contract. You can use the attached template rescission form for this purpose, but this is not necessary.
For compliance with the rescission declaration period, it is sufficient that you send the notification about the exercise of the rescission right before the expiry of the rescission declaration period.
Consequences of rescission
If you rescind this contract, we are obliged to refund to you all payments which we have received from you, including the delivery costs (with the exception of the additional costs which arise if you chose a different type of delivery than the cheapest standard delivery offered by us), without undue delay and by no later than within fourteen days from the day on which the notification about your rescission of this contract is received by us. For that refund we will use the same payment means which you used in the original transaction, unless something different is expressly agreed upon with you; in no case will you be charged fees due to that refund.
We can refuse to give a refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You are obliged to return or to hand over the goods to us without undue delay and in any event by no later than within fourteen days from the day on which you notify us about rescission of this contract. The period is deemed to have been complied with if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of sending the goods back.
You must only be liable for any loss of value which the goods suffer if that loss of value is attributable to handling the goods in a manner which is not necessary to check their quality, properties and functionality.
Exclusion or premature extinguishing of the rescission right
The rescission right does not exist in the case of contracts for the delivery of goods which are not prefabricated and for whose manufacture an individual selection or definition by the Consumer is authoritative or which are clearly tailored to the Consumer’s personal requirements.
(2)
We hereby provide the following information about the template rescission form pursuant to the statutory regulation:
Template rescission form
If you want to rescind the contract, you can use this form, but it is not compulsory to use this form.
To:
Caffè A Mano GmbH
Kleinhohenheimer Str. 5
70619 Stuttgart
Email: info@manument.com
I/we (*) hereby rescind the contract entered into by me/us (*) concerning the purchase of the following goods/the rendering of the following service(*)
Ordered on (*):
received on (*);
Consumer’s name:
Consumer’s address:
Consumer’s signature (only in the event of notification on paper)
Date:
(*) delete whichever is incorrect
End of rescission information
§ 4 Prices; payment
(1)
Our prices include packaging costs and statutory VAT; however, delivery and shipping costs are only included in our prices if a separate agreement to that effect has been entered into with you.
(2)
The Customer can make payment in advance after receipt of the invoice.
§ 5 Delivery
(1)
Delivery periods offered by us are calculated from the point in time of the binding entry into contract as well as payment of the purchase price in advance.
(2)
There are the following delivery restrictions: we deliver only to customers which have their usual place of residence (invoice address) in one of the following countries and are able to give a delivery address in the same country:
Germany, Austria, Switzerland.
§ 6 Rights in the event of default and defects; liability
(1)
Insofar as the item supplied does not have the qualities agreed upon between you and us or it is not suitable for the use intended pursuant to our contract or the use generally, or if it does not have the properties which you could expect due to our public statements, then we are obliged to effect subsequent performance. This does not apply if due to the statutory regulation we are entitled to refuse to effect subsequent performance.
(2)
Subsequent performance takes place according to your choice through rectification of the defect (subsequent improvement) or the delivery of new goods, if the Customer is not a consumer; otherwise we have the right to choose. In this context, you must set us a reasonable period for the subsequent performance. You are not entitled during the subsequent performance to reduce the purchase price or to rescind the contract. If we have tried unsuccessfully twice to effect subsequent improvement, then this is deemed to have failed. If subsequent performance has failed, you are entitled according to your choice to reduce the purchase price or to rescind the contract.
(3)
You can only assert compensation claims due to a defect if subsequent performance has failed. Your right to assert more extensive compensation claims in accordance with the following paragraphs remains unaffected.
(4)
We are liable pursuant to the statutory provisions for loss of life, physical injury and damage to health which are due to a culpable breach of obligation by us, our legal representatives or our vicarious agents. Moreover, we are liable pursuant to the statutory provisions for other damage or loss which is due to intentional or grossly negligent breaches of contract as well as fraudulent intent by us, our legal representatives or our vicarious agents. Insofar as the German Product Liability Act’s area of application applies, we are liable without limitation pursuant to its provisions.
We are also liable in the framework of a quality and/or durability guarantee insofar as we have given such a guarantee with regard to the item supplied. If damage occurs because the quality or durability guaranteed by us is missing but that damage deoes not occur directly to the goods supplied by us, then we are liable for this only if the risk of such damage is obviously covered by our quality and durability guarantee.
(5)
If damage or loss because of default or a defect is due to a breach of a key contract obligation through simple negligence, i.e. a breach through simple negligence of an obligation whose fulfilment is what makes proper performance of the contract possible at all and on whose fulfilment you as the purchaser may usually rely, then our liability is limited to the contract-typical damage and loss foreseeable upon entry into the contract. The same applies if you are entitled to claims for compensation in lieu of performance.
(6)
There are no more extensive liability claims against us, irrespective of the legal nature of the claims raised by you against us. This does not affect our liability pursuant to paragraph 3 above.
§ 7 Retention of title
The goods supplied (goods subject to retention of title) remain our property until payment in full of all claims arising out of this contract.
§ 8 Final provision, applicable law
The law of the Federal Republic of Germany applies to our contract. The application of the UN CISG is hereby excluded. The statutory provisions regarding the restriction of the choice of law and regarding the applicability of mandatory provisions, particularly of the state in which the Customer has their usual place of residence as a consumer, remain unaffected.
