AGB
Version 12/11/2014
Between
Coffee-Bike GmbH
Adolf-Köhne-Straße 6
D-49090 Osnabrück
Represented by management
and the respective contractual partner
Part 1 - General:
§ 1 Scope of application
(1) The following general terms and conditions shall apply in the version that was valid upon contract conclusion for all deliveries and services performed by Coffee-Bike GmbH and their franchisees, excluding contracts concluded via the franchise ordering system. (2) All agreements reached between the Customer and the Provider within the context of contract conclusion are especially contained within these contractual provisions, as well as within the written order confirmation and the declaration of acceptance from the Provider. (3) The Provider does not accept differing conditions of the Customer. This shall also apply in the event that their inclusion was not expressly objected to.
§ 2 Offer and contract conclusion
(1) The goods and services presented in the Provider’s online shop, as well as offers directed at an individual customer by the Provider, are merely non-binding invitations for the submission of a corresponding order to the Provider. (2) An order issued by the Customer is a binding offer. (3) The contract shall only be concluded once the Provider declares their acceptance of the order issued by the Customer. The declaration of acceptance by the Provider can be made implicitly through the delivery of the goods ordered by the Customer. (4) An acknowledgement of order received from the provider in advance does not constitute an order confirmation and thus is not an acceptance; rather it solely serves to inform the Customer that their offer has been received. (5) If delivery is not possible, the Provider shall refrain from issuing a declaration of acceptance in accordance with Para. 3. In such an event, the contract will not be concluded. The Provider shall promptly notify the Customer of the situation and immediately reimburse any service in return. (6) Details supplied by the Provider concerning the subject of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are only approximations, unless the usability for the contractually intended purpose presupposes strict correspondence. They are not assured characteristics but are simply descriptions or identifications of the delivery or service. Industry-standard deviations, deviations arising from legal regulations, deviations constituting technical improvements as well as the replacement of components through equivalent parts are permissible in so far as they do not impair usability for the contractually intended purpose. (7) Should a product or service be designated with the wrong price, the Provider reserves the right not to accept an offer from the Customer.
§ 3 Revocation
(1) If the Customer is a consumer within the sense of § 13 BGB (German Civil Code), s/he is entitled to the statutory right of revocation pursuant to § 312d Para. 1 BGB in conjunction with § 355 BGB. (2) Should the Customer make use of the aforementioned right of revocation, s/he is to bear the costs for the return consignment. (3) Furthermore, the regulations of the right of revocation shall apply in accordance with the revocation instruction issued within the context of the order. (4) The aforementioned right of revocation does not apply in the case of distance selling contracts concerning the goods and services stated in § 312d Para. 4 BGB.
Part 2 - Purchase of goods:
§ 4 Delivery of goods, place of supply and reserving the right to advance payment
(1) The Provider is entitled to perform partial deliveries of ordered goods in so far as this is reasonable for the Customer. A partial delivery shall be deemed as reasonable if: - The partial delivery to the Customer will be useable within the framework of the contractually agreed intended use - Assurances have been given that the remaining goods will be delivered - The Customer does not incur any significant additional expenditure or extra costs (unless the Provider declares their willingness to assume said costs). (2) If the place of service fulfilment has not been determined by the Provider nor is it able to be derived from the circumstances, the office address of the Provider shall be designated as the place of service fulfilment. (3) Should delivery of goods be agreed with the Customer, the delivery time will total: a) Up to 6 weeks for espresso machines b) Up to 6 weeks for grinders c) Up to 10 days for espresso beans following the sending of the order confirmation by the Provider. If it has been agreed for payment of the owed amount to be settled in advance, or if the Provider is entitled in accordance with Para. 5 to demand advance payment, the aforementioned delivery times will apply from the point in time at which payment reaches the Provider’s account. (4) For other goods, the delivery times shall be determined by contractual agreements between the parties. If there is no individual contractual agreement concerning the delivery time, the delivery time shall total up to four weeks following receipt of the order confirmation from the Provider. (5) In the case of orders from customers residing abroad or with offices abroad, or there is legitimate evidence for suspecting a risk of default, the Provider reserves the right to deliver only once the purchase price plus delivery costs have been received. Should the provider make use of their right to demand advance payment, the Customer shall promptly be informed thereof. In this case, the delivery time shall be determined by Para. 3 P. 2.
§ 5 Shipment and transfer of risk upon delivery of goods
(1) Unless otherwise expressly agreed, the Provider will determine a suitable delivery method, transport company and packaging using their professional judgement. (2) The Provider solely owes the Customer timely and proper delivery of the goods to the transport company and is not responsible for any delays on the part of the transport company. Therefore, a delivery period named by the Provider shall only be an approximation, unless an explicit deadline or fixed date has been promised or agreed. (3) If the Customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss, accidental damage or accidental loss of the goods is transferred at the point in time at which the goods are delivered to the Customer, or should the Customer be in default of acceptance. In other cases, the risk is transferred to the Customer upon shipment of the goods to the transport company.
§ 6 Prices and shipping costs for goods deliveries
(1) The indicated prices for goods in the online shop are, unless otherwise described, net prices which exclude sales tax ex-works as well as delivery costs and, in the case of export shipments, the prices do not include customs fees and other public charges. (2) If a Customer’s delivery of goods is fulfilled by the Provider as partial delivery in accordance with § 4 Para. 1, the Customer will only be charged the shipment costs for the first delivery. However, if the partial delivery was requested by the Customer, s/he shall be invoiced for each of said partial deliveries.
§ 7 Retention of title to delivered goods
(1) All delivered goods remain the property of the Provider until full payment has been received. (2) Without prior written consent, the Customer is not entitled to re-sell goods delivered by us to which we still retain a title.
§ 8 Warranty for the supply of goods
(1) We are liable for material or legal defects relating to delivered items in accordance with the relevant statutory regulations, particularly §§ 434 ff. BGB. However, should the Customer be a business owner, the Provider may choose to either rectify the defect or deliver a flawless item through notifying the Customer in text form within three working days following the receipt of the notification from the Customer that s/he has been disadvantaged by a defective item. (2) The statutory limitation period for warranty claims is two years and begins with the delivery of the goods; if the Customer is a consumer, it shall total twelve months from delivery. (3) If the Customer is a business owner, s/he is to immediately and carefully inspect the goods after the consignment is received. The delivered goods shall be deemed as accepted by the Customer if defects are not reported to the Provider within five working days of delivery in the case of visible defects, or in other cases, within five working days of discovering the defect (4) Other sales warranties granted by us for specific items, or manufacturer warranties granted for items specified by manufacturers, are in addition to claims for material or legal defects within the context of Para. 1, which concern details on the scope of such warranties that arise as warranty conditions which will be enclosed with the items, where applicable. (5) The place of subsequent fulfilment shall generally be the office address of the Provider, unless the parties have reached a differing agreement or subsequent fulfilment is objectively impossible at the Provider’s office address. It is at the Provider’s discretion to specify another place for subsequent fulfilment, in so far as it is considered expedient under consideration of all the circumstances.
Part 3 - Ordering of services:
§ 9 General information on the performance of services
(1) If the order consists of a service on the part of the Provider, the service will be performed at the time/date agreed to between the parties. The assembly and preparation of the Coffee Bike shall begin between 15-90 minutes prior to the agreed commencement of service performance. The Customer is to ensure the reachability of the place of performance (see also § 10 of these general terms and conditions). Differing agreements concerning the time of assembly and preparation are only effective if in writing. (2) The serving of the beverages shall take place in single-use cups, unless there are differing agreements in place. Beverages can be served in glasses or porcelain for an extra charge.
§ 10 Prices of services, additional services and ancillary costs
(1) - None of the prices listed in the events offers include VAT. Unless otherwise indicated, the prices include rental of the Coffee Bike, a barista for the rental time period, service fee for assembly and disassembly, final cleaning as well as arrival/travelling costs. (2) The beverages dispensed will be charged according to consumption and are in addition to the offer price, unless other agreements have been reached between the parties with regard to the offer, or other agreements in general have been reached in writing between the contractual parties. The beverage prices can be found in the respectively current beverage price list. (3) The offer basically comprises the coffee specialities detailed in the beverage price list. The serving of freshly pressed orange juice is also possible upon request whereby the Customer is to indicate in advance the quantities with which s/he would like to be supplied. The indicated supply quantities shall be delivered/invoiced irrespective of the actual level of consumption thereof. (4) As an alternative to invoicing in accordance with Para. 2, the contractual parties can also agree to settle invoices for coffee specialities as a lump sum. The Customer must notify the Provider of their desired invoicing method prior to the event. If no notification is issued, it shall be agreed that the respectively current beverage price list shall be used for invoicing post-consumption. (5) The costs for additional services and ancillary products, such as customer-specific branding, dishes, further beverages or other orders of the customer, are also due in addition to the offer price, unless otherwise agreed in writing between the contractual parties within the order or via other means. (6) (6) The Provider will inform the Customer should additional services necessitate lead times. The required lead time for producing customer-specified branding material can amount to 4 to 6 weeks.
§ 11 General duties and obligations of the Customer with regard to services
(1) There are various requirements with regard to the assembly location of Coffee Bikes at events. The Customer is to ensure that the planned assembly location satisfies these requirements and that the Coffee Bike can be brought to said location without requiring any aids. Responsibility for any obstructions that arise due to non-compliance with the requirements shall be borne by the Customer. The Provider shall not be liable for services that are defective or incapable of being performed which arise in conjunction with the non-compliance with said requirements. The requirements can be found in the following paragraphs (2-6). (2) In so far as no other dimensions have been stated, the dimensions of the Coffee Bike in a transportable state totals: Length = 300 cm, Width = 125 cm and Height = 185 cm. Furthermore, the Coffee Bike weighs up to 500 kg. The Customer is to ensure that all paths and passages to the assembly location are designed for accommodating and bearing the indicated dimensions and weight. It is of special importance to note that deliveries made using a transport vehicle can only take place on ground level and no ramps or similar can be put to use. (3) Should the Coffee Bike be brought to a non-ground level floor of a building using an elevator, the elevator must be large enough to accommodate the dimensions of the Coffee Bike and be capable of bearing its weight. The Customer is to ensure that the Coffee Bike fits into the respective elevator while taking into account the dimensions stated above. The Coffee Bike may be transported over gradients but to a limited extent. In cases of doubt, any obstructions should always be discussed with the Provider prior to commissioning. (4) A room/space with suitable dimensions is also required for the assembly of the Coffee Bike. In terms of an assembly area, space totalling Length = 300 cm and Width = 125 cm is required. In the case of an extended roof, the Coffee Bike also requires a room height of 245 cm. It should also be noted that for heights starting from 200 cm from the front and at both sides, a roof overhang of 50 cm must be accounted for in addition to the basic dimensions. (5) The Coffee Bike can be operated entirely autonomously, i.e. no power or water connections are required. However, for larger events, convenient access to a clean water supply will be required for replenishing existing supplies. (6) At particular peak times, or when there is a consistently high number of visitors, it is expedient to ensure there is an external power supply at the site of the Coffee Bike to be able to meet the increased needs while serving. This connection must be designed for a protective contact plug (also: two-pin earthed plug) with a voltage of 230 V and current of 50 Hz, at the least for a current load of 16 A, and must in addition at least possess a 2.5 mm2 supply cable. If there are uncertainties regarding the necessity of an external power connection, the Customer must contact the Provider in advance. (7) The number of beverages that can be prepared per hour is limited. Based on experience, the maximum number is: a) 100 beverages for one barista b) 150 beverages for two baristas per hour per Coffee Bike. These figures are based on experiential values and are to be considered guide values which may deviate in terms of the actual number of beverages dispensed depending on the type of beverage and the external circumstances of the event.
§ 12 Cancelling ordered services
(1) When booking services for events, the contract can be dissolved by the Customer by means of a unilateral declaration no later than three months prior to the planned date without requiring the payment of a cancellation fee. Outside of this time period, dissolution by the Customer within the context of a unilateral declaration is only possible upon payment of the following cancellation fees: - Up to one month prior to event date: 25% of order value - Up to two weeks prior to event date: 50% of order value - Up to a week prior to event date: 75% of order value - During the final week prior to event date: 90% of order value (2) The regulation within Para. 1 shall apply subject to the right of revocation in accordance with § 3 of these terms and conditions. (3) The right to assert and evidence greater or lesser damage than the lump sum detailed in Para. 1 remains unaffected. (4) Furthermore, Para. 1 shall not apply if the Customer was not responsible for the reason of the contract dissolution.
Part 4 - Payment conditions, liability, copyrights and final provisions
§ 13 Payment conditions and off-setting
(1) The fees owed, including any applicable delivery costs, are to be paid within seven days of receipt of the invoice exclusively to the account stated on the invoice. (2) The Customer shall only be entitled to off-set rights in so far as the Customer’s counter-claims are legally established and uncontested.
§ 14 Liability
(1) The Provider shall be liable towards the Customers in all cases of contractual and non-contractual liability for intentional acts and gross negligence in accordance with the statutory provisions for damages or reimbursement of expenses made in vain. (2) In other cases, the Provider shall, provided that Para. 3 does not state anything to the contract, only be liable for violating a contractual obligation upon whose fulfilment the orderly execution of the contract is possible, and upon compliance with which the Customer should be able to depend in principle (so-called ‘cardinal obligations’); this liability shall be limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulations in Para. 3. (3) The liability of the Provider for damages caused by injury to life, limb or health; in accordance with the Product Liability Act, as well as for assured characteristics within the meaning of § 444 BGB, remain unaffected by the aforementioned limitations and exclusions of liability.
§ 15 Copyrights
The Provider retains all property rights and copyrights to the pictures, drawings, calculations and other documentation. This shall also include all written documentation identified as ‘confidential’. These may not be passed onto third parties by the Customer without the express written consent of the Provider.
§ 16 Final provisions
(1) The law of the Federal Republic of Germany applies to this contract under exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have submitted an order as a consumer and your regular residence is in another country at the time of placing the order, all binding legal regulations of said country shall be applied notwithstanding the choice of jurisdiction as stated within Section 1.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for disputes arising from the contractual relationship between the Customer and the Provider shall be the location of the Provider’s office.