General Terms and Conditions

§ 1 Scope of application

• These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, LMS TradeHub (owner: Leon Müller-Späth), Brückes 76, 55545 Bad Kreuznach, Germany, phone: +49 151 46343018, email: support@baristadelight.de (hereinafter "Seller" or "we") and you as our customer (hereinafter "Customer" or "you"). The version of the GTC valid at the time the contract is concluded shall apply.

• We do not accept deviating terms and conditions of the Customer. This shall also apply if we do not expressly object to their inclusion.

• The GTC apply both to consumers pursuant to section 13 BGB and to entrepreneurs pursuant to section 14 BGB.

• The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract

• The presentation and advertising of goods in our online store do not constitute a binding offer to conclude a purchase contract.

• You can select goods from our range, in particular coffee equipment, grinders, espresso machines and accessories, and collect them in a shopping cart by clicking the "Add to cart" button. By clicking on the button "order with obligation to pay" you submit a binding request to purchase the goods in the shopping cart. You can change and view the data at any time before submitting the order. However, the request can only be submitted and transmitted if you have accepted these terms and conditions by clicking on the "Accept terms and conditions" button and have thereby included them in your request.

• We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the request. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the text of the contract (consisting of the order, GTC and order confirmation) on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

• The contract is concluded in German.

§ 3 Terms of delivery

• We are entitled to make partial deliveries insofar as this is reasonable for you.

• Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it is 2–3 business days within Germany and approx. 4 business days to Switzerland. Details can be found in our shipping policy.

• If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.

• If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

• The following delivery restrictions apply: We only deliver to Germany and Switzerland. Shipping costs and delivery times can be found in our shipping policy.

§ 4 Prices and shipping costs

• All prices quoted in our online store are final prices and include statutory VAT. They do not include shipping costs.

• For deliveries to Switzerland, Swiss VAT of 8.1% is included in the price. We deliver with duties paid; all import duties and taxes are included in the price, and there are no further costs on delivery.

• The shipping costs are indicated in our prices in our online store. The price, where applicable, including VAT and shipping costs, will also be displayed in the order form before you submit your order.

• If we fulfil your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

• If you effectively withdraw from your contractual declaration, you can demand reimbursement of costs already paid for shipping to you subject to the statutory requirements.

• The goods are shipped with GLS. If you are a consumer, we bear the shipping risk.

• In the event of a withdrawal, we bear the costs of the return shipment for deliveries within Germany. For deliveries to other countries, you bear the direct costs of the return shipment.

§ 5 Terms of payment

• You can pay in our online store by invoice, credit card, direct debit or PayPal . Payment on account is only possible for new customers for their first order up to an order value of EUR 100.

• You can change the payment method saved in your user account at any time.

• Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay us interest on arrears for the year at a rate of 5 percentage points above the prime rate if you have placed the order as a consumer and at a rate of 9 percentage points above the prime rate if you have placed the order as an entrepreneur.

• The obligation to pay default interest does not exclude the assertion of further damages caused by default by us.

§ 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 7 Warranty

• We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.

• Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

§ 8 Liability

• Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

• In the event of a breach of material contractual obligations, the seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

• The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

• The limitations of liability resulting from paragraphs (1) and (2) shall not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Data protection

You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our privacy policy at: /policies/privacy-policy

§ 10 Copyrights

We hold the copyright to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.

§ 11 Statutory right of withdrawal for consumers

Cancellation policy

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 goods.

To exercise your right of withdrawal, you must inform us, LMS TradeHub (owner: Leon Müller-Späth), Brückes 76, 55545 Bad Kreuznach, Germany, phone: +49 151 46343018, email: support@baristadelight.de, by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

You can also fill in and submit the sample withdrawal form or another clear statement electronically on our website www.baristadelight.de. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal without delay (e.g. by email).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your 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 any event, you will not 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 the goods or hand them over 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. For deliveries within Germany, we bear the costs of returning the goods. For deliveries to other countries, you bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

• 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 that are not suitable for return for reasons of health protection or hygiene 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 conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control.

• Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

• Contracts for the supply of newspapers, magazines or periodicals, with the exception of subscription contracts.

• Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.

Sample withdrawal form:

(If you wish to withdraw from the contract, please fill in this form and send it back.)

To: LMS TradeHub (owner: Leon Müller-Späth), Brückes 76, 55545 Bad Kreuznach, Germany, email: support@baristadelight.de:

– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is notified on paper)

– Date

(*) Delete as appropriate.

§ 12 Dispute resolution for consumers

We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 13 Applicable law and place of jurisdiction

• The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

• If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

• The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.