1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Terms of delivery and shipping
5. Right of Withdrawal
6. Retention of Title
7. Liability for Defects
8. Redeeming Gift Certificates
9. Redeeming Promotional Vouchers
10. Governing Law
11. Jurisdiction
12. Online Dispute Resolution Information
1. Scope
1.1. These general terms and conditions (hereinafter referred to as "GTC") of "Alexander Lipphardt", trading under "Lichtfeuer Coffee" (hereinafter referred to as "seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller about the goods offered by the seller in his online shop. The inclusion of the customer's own conditions is contradicted, unless something else has been agreed.
1.2. These General Terms and Conditions apply accordingly to the purchase of vouchers if and insofar as nothing to the contrary has been expressly regulated.
1.3. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.4. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the payment method "PayPal" or "Paypal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal") . The PayPal usage agreement applies here, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal. com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, or if the customer pays using one of the PayPal payment methods, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.
2.5. If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"). The Amazon Payments Europe User Agreement applies here, which is available at https://payments.amazon.de/help/201751590.
If the customer selects the "Amazon Payments" payment method to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to Amazon by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.
2.6. The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the customer can access the text of the contract free of charge via their customer login, provided they have opened a customer account.
2.7. All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.
2.8. The contract language is German.
2.9. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks.
The customer is advised to check the details with the respective institutions or authorities before ordering.
3.3. The customer can select the payment methods that are available in the online shop.
3.4. In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5. When paying via SEPA direct debit, the purchase price is due after the deadline for issuing the advance information on payment and after a SEPA direct debit mandate has been issued.
Advance information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example.
The amount is collected when the goods leave the warehouse and the period for advance information has expired.
If the direct debit cannot be redeemed due to insufficient funds in the account or the provision of incorrect bank details, the customer must bear the costs of the chargeback if he is responsible for them. The same applies in the event of the customer objecting if he was not entitled to do so.
The seller reserves the right to check the customer's creditworthiness before carrying out the SEPA direct debit and to reject this payment method if the credit check is negative.
3.6. When paying via "PayPal", the payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.7. Paypal checkout
If you pay via PayPal checkout, the Payment processing via PayPal payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"), PayPal also uses the services of third-party payment providers for this purpose which you can select, if offered.
If payment methods are also offered on this website where the seller pays in advance (such as purchase on account or payment by installments), the seller declares the assignment of his Payment request to PayPal or to the person commissioned by PayPal and by the Customer specifically selected payment service provider. PayPal or the selected third party will lead first a credit check before accepting the seller's offer of assignment assumes The selected payment method can be denied if the credit check returns a negative result.
Payment is after approval of the selected payment method only to PayPal or the respective commissioned payment service provider debt-discharging effect possible.
3.8. When paying on account, the purchase price is due after delivery of the goods and invoicing. The purchase price is to be paid within 7 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the purchase on account if the credit check is negative. The buyer is free to use other payment methods.
3.9. When paying via PayPal direct debit" the claim is collected by PayPal after the issuance of a SEPA direct debit mandate and after the deadline for advance information in Seller's order from the customer's bank account. A preliminary information is the Announcement by the seller to the customer that his account using SEPA direct debit is charged and can, for example, take the form of an invoice or a contract. Can the direct debit due insufficient funds in the account or as a result of providing an incorrect number Bank details are not redeemed or the customer objects Debit, without being authorized to do so, the customer has by the to bear the fees incurred for the reversal of the respective credit institution, if he is responsible for this. The rest Contractual relationship as well as rights and obligations towards the seller and the Seller remain unaffected by payment by direct debit.
3.10. When paying by "PayPal in installments", the customer concludes an installment contract with PayPal. If PayPal allows payment via "PayPal installment payment", the customer must pay the invoice amount to PayPal under the conditions specified by PayPal, which are communicated to him in the PayPal payment portal
Paypal's terms of use apply, which you can find here:
[url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
3.11. When paying on account via "PayPal invoice", the Payment processing through PayPal.
The purchase price will be after delivery of the goods and is due within 30 days of receipt to pay the invoice to PayPal, unless another payment term is specified.
The purchase on account presupposes a successful Credit check by PayPal.
Will the customer after checking the creditworthiness of the purchase permitted on account, the seller assigns his claim to PayPal, Therefore, payments can only be made to PayPal with a debt-discharging effect become.
The rest of the contractual relationship as well as rights and Obligations towards the seller and the seller remain of this Payment method unaffected.
Otherwise, the General Terms of Use for the use of PayPal purchases on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4. Terms of delivery and shipping
4.1. The delivery of goods on the shipping route is made to the delivery address provided by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had given him adequate notice of the service beforehand. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.
4.3. If pickup has been agreed, the customer will be informed by the seller that the goods he has ordered are ready for pickup. After receiving this e-mail, the customer can collect the goods at the seller's registered office or at an agreed place, after consultation with the seller. In this case there are no shipping costs.
4.4. Vouchers are given to the customer in the following form:
- by email
- via download
- postal
5. Right of Withdrawal
5.1. If the customer is a consumer, he has a right of withdrawal.
5.2. The cancellation policy of the seller applies to the right of cancellation.
5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.
6. Retention of Title
If the seller pays in advance, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for Defects
7.1. With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed.
7.2. The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. Non-compliance has no effect whatsoever on the customer's statutory or contractual claims for defects.
8. Redeeming Gift Certificates
8.1. Vouchers that have been purchased via the seller's online shop ("gift vouchers") can also only be redeemed in the seller's online shop.
8.2. Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Any remaining credit will be credited to the customer's voucher account by the expiry date.
8.3. Gift vouchers can only be redeemed before completing the ordering process. Subsequent redemption does not take place.
8.4. Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.
8.5. Gift certificates can only be redeemed for the purchase of goods.
The purchase of further gift vouchers cannot be paid for with a voucher.
8.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
8.7. Credit on gift vouchers will not be paid out and will not bear interest.
8.8. The gift voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
9. Redeeming Promotional Vouchers
9.1. Vouchers that the seller gives away free of charge as part of (advertising) campaigns with a specific period of validity and that the customer cannot purchase ("campaign vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
9.2. Promotional vouchers can only be redeemed by consumers.
9.3. Individual products may be excluded from the voucher campaign.
If applicable, the specific restrictions can be found on the promotional voucher.
9.4. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting does not take place.
9.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
9.6. The goods value of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7. If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.8. The balance of a promotional voucher will neither be paid out nor will interest be paid.
9.9. The campaign voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.10. The promotional voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
10. Governing Law
10.1. The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
10.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
11. Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
If the customer is based outside of the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
12. Online Dispute Resolution Information
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
