Validity of Conditions
These offers are subject to change. They are subject to a written confirmation from the Tchibo Coffee Service GmbH, hereinafter called COFFEE SERVICE.
Pricing and Delivery
- As they are agreed on the day of delivery prices according to current price list.
- All prices are exclusive of VAT. This is to be included within the relevant statutory provisions.
- All deliveries from a net goods value of 80,00 € per order are “open-door” deliveries. Shipments of goods under € 80.00 per delivery, a logistics rate is raised from 5.95 €.
Retention of Title
- All equipment and goods delivered until full payment of the purchase price as well, until all remaining COFFEE SERVICE from the business relationship have been fulfilled the property of COFFEE SERVICE.
- In breach of duty of the customer, especially for late payment, COFFEE SERVICE is also entitled without notice to require publication and / or rescind the contract, the customer is obliged to surrender. A request is no cancellation of COFFEE SERVICE, unless this is expressly stated.
- The resale of the goods delivered under retention is permissible only in processed form in the ordinary course of business, provided COFFEE SERVICE otherwise expressly permitted. All the customers from the resale of that product claims due to be assigned in advance to COFFEE SERVICE. COFFEE SERVICE accepts this assignment.
- Goods and equipment may before full payment by the customer to a third party to be pledged or transferred as security.
- The customer is obliged to notify legal action or other third parties to the immediate subject to retention of equipment and goods COFFEE SERVICE.
- The customer may transfer the ownership and the ownership of this contract underlying device without prior consent of COFFEE SERVICE to third parties.
- The customer is required until the final payment of the purchase equipment to treat the contract made between objects with care. He also undertakes to insure the goods against burglary, theft, vandalism, fire and water damage.
- The respective invoice amount in full upon delivery due immediately. The customer comes without any explanation of COFFEE SERVICE 21 days after the due date, if he has not paid.
- The client can set-off and rights of retention only in terms of undisputed or legally established claim.
- Complaints have to be reported in writing immediately after receiving of the goods. Defects are not detectable COFFEE SERVICE writing immediately after their discovery.
- With just finished and properly notified complaints COFFEE SERVICE is entitled to repair, at its option, to provide replacements or give a credit for the defective goods. If the replacement fails, the customer is entitled to convert.
- The warranty period is for a contract concluded between merchants 12 months for new products. For the supply of used goods under a warranty is excluded merchants.
- Delivery dates will be fulfilled if possible, but are not binding. In specific cases binding delivery dates agreed upon, the customer for non-compliance with the delivery to the exclusion of further Ansrüche is entitled to withdraw.
- Circumstances that render the manufacture or delivery of goods impossible or excessively difficult, including this particular way of subsequent difficulties in procuring raw materials, as well as all acts of violence, operational failure, strikes, relieve traffic barriers, COFFEE SERVICE from the delivery obligation.
- COFFEE SERVICE is entitled to delivery of subsets.
Liability and Compensation
- COFFEE SERVICE is liable to merchants in terms of the Commercial Code in cases of intent or gross negligence of COFFEE SERVICE or any representative or agent in accordance with statutory provisions.
- Moreover COFFEE SERVICE is only liable for injury to life, limb or health, because of the culpable violation of essential contractual obligations under the Product Liability Act, if liability is then mandatory.
- COFFEE SERVICE’s liability is limited to breach of contract and in all cases of gross negligence on the typical, predictable damage.
- The liability for damage caused by the delivery to legally protected interests of the customer, eg Damage to other objects, is completely excluded. This does not apply if intent or gross negligence or liability for injury to life, limb or health.
- The above disclaimers and liability limitations also apply to the legal representatives or agents of COFFEE SERVICE, and for their personal liability.
All rights and obligations under this Agreement shall be transferred to the respective successors of each party.
- The customer shall at his own expense ensure that all necessary supply lines are available at the site.
- Verbal additional agreements to this contract have not been met. Befürfen changes or additions to the provisions of this contract to be legally valid in written form. This written form requirement can be waived only by a written agreement.
- If any provision of this agreement invalid or unenforceable, the remaining provisions of this contract will not be affected. Invalid or unenforceable provisions shall be replaced by valid and enforceable, which correspond to the apparent or presumed intention of the contracting parties and reasonable in the circumstances constitute a regulation.
- The customer must notify COFFEE SERVICE of any change of residence or place of business immediately.
- The client also undertakes to notify any change of location of the objects entrusted to him COFFEE SERVICE and the contract made between objects can not be removed without the consent of COFFEE SERVICE from the specified location.
Fulfillment Location and Venue
Performance and jurisdiction is Hamburg.
The law of the Federal Republic of Germany. The provisions of the CISG does not apply.
COFFEE SERVICE is entitled to save for their own purposes for processing your transactions data necessary to process and transmit