terms and conditions

1. scope of application

(1) These General Terms and Conditions apply to the sale of goods by Kaffeehandel Himmerich , Strassweidweg 28, 3147 Mittelhäusern (hereinafter referred to as “we” or “us”) to the customer (hereinafter referred to as “customer” or “you” or “you”) in our online store.

(2) Any terms and conditions of the Customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.

2. Distinction between entrepreneurs and consumers

(1) Some provisions of these General Terms and Conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specially marked at the relevant point in these GTC.

(2) “Consumer” in the sense of these GTC is, according to the legal definition, any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

(3) “Entrepreneurs” within the meaning of these GTC are, according to the legal definition, natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity.

 

3. customer account

(1) For more convenient use of the online store, you have the option to open a customer account. You are obliged to treat your access data, such as your password, confidentially and to inform us immediately in the event of loss or unauthorized use of your access data.

 

4 Conclusion of contract, contract language

(1) Only the order of the goods and/or services by you is a binding offer to conclude a corresponding contract. To place the order, you place the selected goods in the shopping cart, go through the rest of the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to review all order data and correct them if necessary. Only when you send the order do you make a binding offer to us to conclude a contract.

(2) We can confirm your offer within two days by
– sending an order confirmation by mail, fax or e-mail, – sending the goods or – requesting payment.
The date of receipt of our order confirmation, goods or request for payment by you shall be decisive for compliance with the deadline.

(3) Contract language is German.

 

5. Storage of the contractual provisions 

We store the contractual provisions, i.e. the order data and these GTC. You can print or save the contract provisions on your part by using the usual functionality of your browser (there usually “Print” or “File” > “Save as”). The order data are contained in the order overview, which is displayed in the last step of the order. The contractual provisions, including the General Terms and Conditions, are also contained in the e-mail with the order confirmation that we send you in the event of acceptance of your order.

 

6. payment

If advance payment has been agreed, payment shall be due immediately after conclusion of the contract.

 

7. reservation of proprietary rights

(1) The following shall apply vis-à-vis consumers:
The product delivered by us remains our property until full payment (reserved goods).

(2) The following shall apply vis-à-vis entrepreneurs:
We retain title to the goods subject to retention of title until receipt of all payments arising from the business relationship with the customer. We undertake to release our securities at the customer’s request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; we shall select the securities to be released.
The customer shall be entitled to resell the goods subject to retention of title to a third party in the ordinary course of business; however, he hereby assigns to us all claims arising from the resale.

8. claims for defects (warranty)

(1) The following shall apply vis-à-vis consumers:
The statutory warranty provisions shall apply to our warranty obligations.

(2) The following shall apply vis-à-vis entrepreneurs:
If the customer acts as a merchant, he must inspect the goods immediately upon receipt. Recognizable defects must be reported to us in writing immediately upon receipt of the goods or – if the defect only becomes apparent later – immediately upon discovery. The timely dispatch of the notification shall be sufficient to preserve the rights of the customer. If this is not done, the goods shall be deemed to have been approved. This shall not apply if we have fraudulently concealed the defect.
If there is a defect in the purchased goods, we shall first provide a warranty by means of subsequent performance, either in the form of rectification of the defect or a replacement delivery, at our discretion. If the subsequent performance fails, the customer shall be entitled to reduce the consideration or – in case of substantial defects – to withdraw from the contract.
Claims of the purchaser due to material defects shall become statute-barred one year after delivery of the object of purchase to the customer. Excluded from this are claims for damages by the purchaser which are directed towards compensation for physical injury or damage to health due to a defect for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.

 

9. exclusions and limitations of liability

The following shall apply to any liability on our part for damages:

(1) In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same shall apply in the case of negligently caused damage resulting from injury to life, limb or health.

(2) In the case of negligently caused damage to property and financial loss, we shall only be liable in the event of a breach of an essential contractual obligation, but the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical of the contract; essential contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the contractual partner may regularly rely.

(3) In all other respects, any liability on our part shall be excluded, irrespective of its legal basis.

(4) The exclusions and limitations of liability in paragraphs (1) to (3) above shall also apply mutatis mutandis in favor of our vicarious agents.

(5) Liability due to the assumption of a guarantee or according to the Product Liability Act shall remain unaffected by the exclusions and limitations of liability of the above paragraphs (1) to (4).

 

10. Choice of law, place of jurisdiction

(1) Applicable law
Swiss law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods is excluded.
In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.

(2) Place of jurisdiction
The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we shall be entitled, at our discretion, to bring an action at the customer’s place of business.