terms & conditions
terms & conditions
General Terms and Conditions of Business of Coffema International GmbH,
Chambrair business unit
A. General information/scope of application
1. These General Terms and Conditions of Business (GTC) apply to all existing and future business relationships concluded by the Chambrair business unit of COFFEMA International Handel GmbH.
2. Within the meaning of these General Terms and Conditions of Business, the term “consumer” shall refer to all natural persons with which the company enters into a business relationship, without these being assigned a commercial or professional activity on a self-employed basis.
3. Within the meaning of these General Terms and Conditions of Business, the term “entrepreneur” shall refer to all natural persons or legal entities or partnerships with which the company enters into a business relationship and which perform a commercial or professional activity on a self-employed basis.
4. Any deviating, contrary or supplementary General Terms and Conditions of Business shall not form an integral part of any contract unless the Parties have explicitly consented to their validity in writing, even if the Parties were already aware of said General Terms and Conditions of Business.
5. In addition, all our business relationships are subject to the law of the Federal Republic of Germany, in
particular, the decisive provisions of the German Civil Code (BGB).
6.1 Customers (entrepreneurs and consumers) shall only have the right to contest if their counterclaims have been established with res judicata effect or have been acknowledged by us.
6.2 Customers may only exercise a right of retention if their counterclaim is based on one and the same contractual relationship.
6.3 Customers may only assign contractual claims that have been asserted against us to third parties following a written declaration of our explicit consent.
B. Offer/concluding a contract
1.1 Our offers are non-binding.
1.2 Technical changes or changes in form, colour and/or weight remain reserved to the extent that is reasonable. Wood is a naturally grown material. Each log has got a different colour and structure. Differences may even arise within one and the same log, which means deviations resulting from natural factors are not deemed to constitute a defect. Moreover, any type of wood, especially wood that has not been stained, may also change colour as a result of exposure to light. Equally, these types of changes do not represent a defect.
2. Upon ordering the item, customers declare that they would like to purchase the item being ordered. This declaration is binding. We are entitled to accept the contractual offer contained within the order within two weeks of receiving it. The acceptance may either be made by means of a written declaration or by delivering the item to the customer in question.
3. All contracts are concluded subject to the proviso that our suppliers will perform self-delivery correctly and on time. This shall only apply if we are not responsible for the non-delivery, in particular, if we have agreed a congruent hedging transaction with our supplier. If that is the case, we shall inform the customer of the nondelivery as soon as possible and, where applicable, reimburse any payments we have already received.
1. The prices include statutory VAT and packaging, but not shipping costs. Customs duties and similar levies are to be borne by the customer.
2. Unless express agreements have been concluded to the contrary, the following regulations shall apply to payments due: 50% of the agreed price due upon the conclusion of the contract, the remaining 50% due following delivery and invoicing.
3. Cheques shall only be accepted on account of performance.
4. In the event of default in payment, reminder fees of EUR 5.00 may be charged per reminder notice.
D. Shipping/transfer of risk
1.1 We shall only ship the item if a written agreement has been made to this effect in individual cases.
1.2 Unless express agreements have been made to the contrary, we shall determine a suitable mode of shipping and the carrier as we reasonably see fit.
2.1 The shipping costs are to be borne by the purchaser.
2.2 If the item is shipped, the specified shipping costs shall only apply to delivery to the curb side.
2.3 We are entitled to perform partial deliveries of products included within one order that are to be used separately, whereby any additional shipping costs incurred as a result of this shall be borne by us.
2.4 We are only obliged to deliver the good to the carrier on time and in a due and proper manner and are not responsible for any delays caused by the carrier. This means that the delivery period we have stipulated is non-binding.
3.1 The risk of the item being accidentally destroyed or impaired shall be transferred to the customer at the time of the handover in case of contracts with entrepreneurs and at the time the item is delivered to the transportation company, the forwarding agent or any other kind of individual or establishment appointed for delivery in case of sale by dispatch. If the customer is a consumer, the risk of the item being accidentally destroyed and impaired shall be transferred to the customer at the time of the handover.
3.2 Should customers (entrepreneurs and consumers) be in default with acceptance, this shall be deemed to be equivalent to handover.
If the customer does not accept the item or does not comply with its duty to cooperate by providing information on the dimensions, supplying additional materials, selecting the equipment, etc., we are entitled to withdraw from the contract or demand compensation for non-performance following expiry of a period of grace of 14 days.
F. Retention of title
1. In case of contracts concluded with consumers, we retain ownership of the item until the purchase price has been paid in full. In case of contracts concluded with entrepreneurs, we retain ownership of the item until all receivables arising from an ongoing business relationship have been settled in full.
2. Customers (entrepreneurs and consumers) are obliged to treat the item with care. Should maintenance and inspection works become necessary, customers are to perform these on a regular basis and at own expense.
3. Customers are obliged to grant third parties access to the item, for instance in the event of attachment, the item being destroyed or damaged, without delay. Customers are to inform us of a change in possession of the item, a change in place of residence or in business activity.
4. If customers behave in a manner that breaches the contract, in particular are in default with payments or violate an obligation pursuant to Sub-sections 2. and 3. of this provision, we are entitled to withdraw from the contract and request for the item to be returned to us.
5. Entrepreneurs are entitled to sell the item on as part of customary course of business. They assign all receivables they incur as a result of the item being sold on to third parties to us, in the amount equivalent to the invoice amount. We hereby accept the assignment. We reserve the right to collect the receivable ourselves as soon as the entrepreneur in question fails to comply with its payment obligations in a due and proper manner and is therefore in default with payments.
6. Whenever entrepreneurs process or manufacture the item, this is to take place in our name and on our behalf at all times. If goods are included in the process which do not belong to us, we shall become coowners of the new item, in the amount equivalent to the ratio of the value of the good supplied by us to the other goods being processed. The same applies if the item is compounded with other objects that do not belong to us.
1. Our liability with respect to compensation, irrespective of the legal grounds (in particular, in the event of delay, defects or other breaches of duty), is limited to the foreseeable damage typical for the type of contract in question.
2. Compensation claims asserted on the grounds of obvious material defects in the good supplied are precluded unless the defect was reported within two weeks of the item being delivered.
3. No liability shall be assumed for damage that arises as a result of improper or unauthorized usage, incorrect assembly, commissioning or intervention on the part of customers or third parties, natural wear and tear, incorrect or negligent usage, in particular, excess use, unsuitable work resources, replacement materials, a lack of construction works, unsuitable building ground, chemical, electro-chemical or electrical impact, unless these are attributable to a fault on our part.
4. The limitations of liability outlined above shall not apply to liability we assume as a result of negligent conduct or gross negligence, to guaranteed quality features, as a result of injuries to life, limb or health or pursuant to the German Product Liability Act (Produkthaftungsgesetz).
1.1 If an item is purchased by consumers, the warranty period shall amount to two years if the item in question is a brand-new device, and twelve months if the item is a used device.
1.2 If an item is purchased by entrepreneurs, the warranty period shall amount to one year from the delivery of the item. No warranty shall be provided for used devices.
2. Damage and consequential loss or damage caused as a result of using high-pressure cleaning devices or sonic waves shall not be deemed to constitute a claim under warranty.
3.1 As a general rule, the quality of the item shall be determined exclusively by the manufacturer’s product description as agreed. Furthermore, public auctions, promotion or advertising campaigns are not tantamount to contractual properties of the item.
3.2 We do not provide any guarantees to customers in the legal sense of the word. This shall not affect any manufacturer guarantees.
4. If the item is purchased by entrepreneurs, the following additional terms and conditions shall apply:
4.1 If the item has defects, we shall initially provide warranty in the form of subsequent improvements or replacement delivery at our discretion.
4.2 If subsequent performance fails, entrepreneurs may generally request a reduction in remuneration or a rescission of the contract (withdrawal) at their discretion. If the contravention of the contract is minor in nature, in particular in the event of minor defects, the entrepreneur in question is not entitled to a right of withdrawal.
4.3 The entrepreneur is to report any obvious defects to us in writing within five days of receiving the item, otherwise assertion of warranty claims shall be precluded. The entrepreneur shall bear the entire burden of proof for all claim prerequisites, in particular proof of the defect itself, of the point in time at which the defect was identified and of the notice of defects being sent off on time.
4.4 In the event that the entrepreneur opts to withdraw from the contract as a result of a defect in title or a material defect following failed subsequent performance, it is not entitled to any claims to compensation on the grounds of the defect.
4.5 In the event that the entrepreneur opts for compensation following failed subsequent performance, the item shall remain with the entrepreneur provided this is reasonable. The compensation shall be limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have breached the contractual obligation maliciously.
4.6 The warranty period shall not be extended as a result of making recourse to warranty, either for the device or for the newly installed components.
4.7 Any warranty claims shall lapse with immediate effect if the device has been tampered with by an individual not authorised by us.
4.8 Warranty claims may only be made by the original purchaser and are not transferrable.
I. Terms and conditions of repair
1. The following terms and conditions of repair shall apply to all business relationships with entrepreneurs and consumers.
2.1 If customers commission us to repair their device, Sub-sections 3.2, 4.3, 4.6 and 4.7 of the provisions outlined under “H. Warranty” shall apply accordingly.
2.2 The warranty period for repair works performed by us shall amount to one year. In all other aspects, statutory provisions shall apply in respect of warranty.
2.3 As for the rest, the regulations contained under A. to G., J. and K. shall apply.
J. Severability clause
Should the individual provisions of contracts concluded with customers (entrepreneurs and consumers), including these General Terms and Conditions of Business, be or become invalid, either in full or in part, this shall not affect the validity of the remaining provisions. The fully or partially invalid provision shall be replaced by provision whose economic purpose approximates the economic purpose of the invalid provision as closely as possible.
K. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a public-law fund, Hamburg shall be the exclusive place of jurisdiction for all legal disputes arising from the business relationship. The same shall apply if the customer does not have a general place of jurisdiction in Germany or its place of residence or habitual place of abode is unknown at the time of the assertion of the claim.
Last updated: December 2014