General terms and conditions (GTC)
Please be aware that this is just an English version of our AGBs (GTCs) to be regarded as customer service. Any contract of purchase is based on our German AGBs.
§ 1 Validity of the conditions and storage options
(1) For the business relationship between us, the
Café Kraft GmbH
Address: Gebertstrasse 9, 90411 Nürnberg, Deutschland
Phone: +49 911 50 73 61 – 0
CEO: Reto Faulenbach
Place of business: Nürnberg
District court: Nürnberg, HRB: 26900
(hereafter named seller) and you, exclusively apply the following General Terms and Conditions in the form available at the moment of your order.
(2) You may save and print this document onto your computer desktop through the integrated browser functions “save” and “print”.
§ 2 Contract formation
(1) The presentation of our goods depicts no formalized offer.
(2) By clicking the button “submit order“ the order procedure is completed and your submission is considered a formalized offer for the contract formation regarding the goods collected in the virtual cart of our webshop.
(3) After your Subsidien of the bid you receive our confirmation email. This confirmation is not an acceptance of your offer.
(4) You are bound to your offer for 2 working days. Your offer is accepted through our shipping confirmation email to your entered email address or through delivery of the goods. If you do not receive any of the mentioned confirmations within 2-days-period, your offer is considered as rejected.
Provided you chose the payment method “PayPal” or “Sofortüberweisung“ the contract is formed as soon as the payment transaction via “PayPal” or “Sofortüberweisung“ is concluded and accepted by “PayPal” or “Sofortüberweisung“, also within the 2-days-period.
§ 3 Privacy
(1) Any person related data entered by you (title, name, address, date of birth, email-address, phone number, bank details, credit card number) is claimed, processed and saved exclusively according to the regulations of German privacy protection laws.
(2) Your person related data is exclusively used for the processing of the contracts of purchase between you and us as far as it is necessary for the settlement, the completeness of content or for the change of structuring of a contractual relationship, e.g. for the delivery of goods to your shipping address. Any other use of your person related data requires your explicit agreement, e.g. for the purpose of advertisement, market research or for need-based composition of our offers.
(3) Your person related data which are necessary for the purchase and billing of our offers (usage data) is also exclusively used for the processing of the contracts of purchase between you and us. Usage data consists of characteristics regarding your identification as user, details on beginning, termination and quantity of current usage as well as details on telemedia used by you as user. We will use such usage data for the purpose of advertisement, market research or for need-based composition of our offers on our telemedia in order to generate usage profiles applying pseudonyms. In no event will usage profiles be connected with specific person related data.
(4) In case you need further information or you would like to call up or call off your explicitly granted consent of the usage of your person related data respectively dissent the usage of your person related data, please contact our customer support at firstname.lastname@example.org.
§ 4 Prices, Price changes
(1) All prices include legal value-added taxes (VAT) and other price components.
(2) Without explicit notice all prices exclude freight costs to your place of destination and must be paid in addition to the purchase price. Incidental shipping costs are indicated on the specific product description and they will be listed separately on your invoice.
§ 5 Delivery times
The delivery times indicated with the specific product are valid.
§ 6 Materials defect liability
In case the delivered article shows any defect as to quality the warranty will be effected according to the legal regulations. Any warranty claims regarding new goods become time-barred two years after receiving of the goods.
§ 7 Limitation of liability
(1) Liability claims of buyers are excluded if nothing else is defined in the following. The mentioned disclaimer of liabilities is also valid for the legal representative and the vicarious agent of ours provided that the buyer claims from them.
(2) Excluded from the defined disclaimer of liability mentioned in subparagraph 1 are liability claims due to an infringement of life, body, health and liability claims due to infringement of fundamental contractual obligations. In the latter (infringement of fundamental contractual obligations) we are only liable for the predictable defect typical for the contract. Fundamental contractual obligations are those which are necessary to achieve the goal of a contract, and in which you regularly trust as a customer, e.g. the seller is obliged to pass the good on to the buyer without any defect and to give the buyer the ownership of the good. Also excluded from the defined disclaimer of liability is the liability for defects which are caused by the retailer, his legal representative or his vicarious agent due to intentional or grossly negligent violation of duty.
(3) Regulations on the product liability law remain unaffected.
§ 8 Right of Withdrawal
Provided you are consumer and the contract for the delivery of goods or for service activities was exclusively concluded by means of distance communication and no legal exception comes into effect, you may use your right of withdrawal. In reference to the existing legal rights we explicitly point to the admonitions on our homepage http://cafekraft.de/en/laden/widerrufsrecht/. Consumer in the legal senseof these GTC is every natural person who concludes a legal transaction for a purpose which cannot be attributed predominantly to commercial activities or to your profession as a self-employed person.
§ 9 Reservation of Proprietary Rights
The parties agree on the fact that the property of the sold good is only passed on to the buyer if the complete purchase price is transferred to our bank account . Up to that point in time we reserve you the ownership of the good.
§ 10 Closing Provisions
(1) Any legal relationships between the parties are based on the laws of Federal Republik of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country of your habitual residence remain unaffected.
(2) Provided that the customer is a trader, a juristic person of public right or public separate estate the place of fulfillment and exclusive place of jurisdiction is Nuremberg for all litigation which arise from the contractual relationship.
(3) The European Union has established an Online Dispute Resolution website for the out-of-court dispute resolution of consumer rights related litigation. We are neither obliged nor willing to participate in dispute resolution proceedings at an Independent Consumer Arbitration Service.