General terms and conditions of Moyee Germany GmbH
1 Validity of the general terms and conditions
1.1 The website www.moyeecoffee.de is an offer from Moyee Germany GmbH, Königsborner Straße 26a, 39175 Biederitz (hereinafter referred to as “seller”).
1.2 The seller sells top-quality coffees from Ethiopia, Colombia and other countries at www.moyeecoffee.de. With one euro per kilogram of coffee sold, the seller supports social projects that he implements in the vicinity of the Ethiopian coffee farmers. The seller invests in social projects that he defines himself every year with the coffee farmers based on clear criteria and implements them personally or with local partners.
1.3 The deliveries, services and offers of the seller are made exclusively on the basis of these general terms and conditions in the version valid at the time of the conclusion of the contract, even if the offer is accessed from outside the Federal Republic of Germany. The seller does not recognize any conflicting or deviating terms and conditions and hereby expressly contradicts them. Any conflicting terms and conditions of the buyer will only be used as a basis for the contract if the seller expressly agrees to them in writing.
1.4 Buyers can be both consumers and companies. A “consumer” in the sense of the following provisions is to be understood according to § 13 BGB as any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent activity.
1.5 An “entrepreneur” in the sense of the following provisions is to be understood in accordance with Section 14 of the German Civil Code (BGB) as any natural or legal person who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2 Registration and conclusion of a contract
2.1 The buyer has the option of creating a customer account on www.moyeecoffee.de. However, such a customer account is not a prerequisite for the buyer to be able to place orders. To create a customer account, the buyer enters his email address in the registration mask, sets a password and clicks on “Register”.
2.2 Placing the goods on www.moyeecoffee.de does not yet constitute an offer by the seller to conclude a purchase contract. All offers of goods presented by the seller are subject to change and non-binding.
2.3 The seller reserves the right to make possible errors, misprints, technical or color changes in spite of the greatest possible care.
2.4 The seller also assumes no liability for the correctness of the manufacturer’s information.
2.5 The buyer’s offer to conclude a purchase contract is when the buyer sends the order. By ordering the goods, the buyer makes a binding declaration that he wishes to purchase the goods ordered. The buyer submits his order as follows: after he has placed the desired goods in his shopping cart and has entered the data required to process the order on the following page and has selected his payment method on the following page, he is informed on the last page of the ordering process gives an overview of his order. Here the buyer has the opportunity to change his order and the information provided and, if necessary, to correct input errors. By clicking on the “Buy now” button, the buyer places his binding order.
2.6 The contract is concluded when confirmation of receipt of the order is sent by email.
2.7 Since some of the goods are natural, exclusive goods with limited availability, the seller reserves the right to limit the delivery quantities for large orders or to deliver in several tranches or, if there is excess demand for a good, one Distribution.
2.8 If a contract has been concluded but the items ordered from the seller’s supplier are not available in the foreseeable future despite a timely covering transaction, the seller reserves the right to withdraw from the contract. If the seller recognizes this, he will inform the buyer immediately and reimburse any payments already made.
3 Delivery, dispatch and transfer of risk
3.1 Within the scope of the availability specified for the respective product, the goods will be dispatched by the seller as quickly as possible. If an item is not in stock at the seller, it will deliver as soon as possible, subject to availability. Every delivery is made with the reservation that the seller himself is supplied on time and properly.
3.2 Delivery dates or periods that are bindingly agreed must be in writing.
3.3 Cases of force majeure, traffic or operational disruptions, strikes, lack of raw materials and the like lead to a reasonable extension of the delivery time. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
3.4 If not all of the items ordered are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the buyer.
3.5 If the buyer is in default of acceptance, all risks of accidental loss of the goods or accidental deterioration of the purchased item are transferred to the buyer at this point in time.
Right of withdrawal
4.1 Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, please send us an email to: email@example.com
5.1 If the delivery item is defective or if it lacks guaranteed properties or if it becomes defective within the warranty period due to manufacturing or material defects, the seller shall, at the buyer’s option, either deliver a replacement or improve it accordingly. The seller can refuse the chosen form of supplementary performance if this can only be carried out with disproportionate costs.
5.2 All complaints must be made in writing (email) and should, if possible, be sent to the seller immediately after the defect has occurred.
5.3 If an entrepreneur is a businessman, he can only assert claims from the warranty if he has fulfilled his obligation to examine and complain under Section 377 of the German Commercial Code (HGB).
5.4 The limitation period for warranty claims for the delivered goods is two years from receipt of the goods, and one year for entrepreneurs. Section 212 of the German Civil Code (BGB) does not apply to entrepreneurs.
6 Limitation of Liability
6.1 The seller’s liability is finally determined as follows:
6.1.1 For damage resulting from injury to life, limb, or health or from an intentional or grossly negligent breach of duty by the seller or his vicarious agents, as well as in the case of the assumption of a guarantee – expressly to be designated as such – and in the event of mandatory legal liability, in particular under the Product Liability Act, the seller has unlimited liability.
6.1.2 Otherwise the liability of the seller and his vicarious agents is excluded, unless an obligation is violated, compliance with which is essential for the achievement of the purpose of the contract and on the fulfillment of which the buyer can therefore regularly rely (“essential contractual obligation”). In the event of a breach of an essential contractual obligation, the seller is also liable for slight negligence. In this case, however, liability is limited to the foreseeable, contract-typical damage. In addition, the seller is not liable for slight negligence.
6.2 The provisions of this no. 7 extend to compensation for damages in addition to the performance, compensation for damages instead of performance and the claim for compensation due to futile expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
6.3 The restrictions of this no. 7 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
7.1 The seller reserves the right to exclude individual payment methods from the buyer. This applies in particular to first-time orders or to orders with buyers whose creditworthiness is not guaranteed. During the ordering process, the buyer will be informed about the payment methods available in individual cases.
7.2 The seller is entitled to offset payments by the buyer against existing claims against the buyer.
7.3 For his part, the buyer is only entitled to offset if the counterclaim is undisputed or has been legally established or has been acknowledged in writing by the seller. The buyer can only exercise a right of retention if the claims result from the same contractual relationship.
7.4 If the buyer is in default of payment, then the purchase price is to be paid interest during the delay in the amount of 5 percentage points above the applicable base rate. The seller reserves the right to prove and assert higher damage caused by default.
8 Data protection
All personal data are treated confidentially in accordance with the provisions on data protection and are only collected and processed in accordance with the provisions of the Federal Data Protection Act.
9 Online Dispute Resolution
The official platform of the EU Commission for online dispute resolution (OS platform) can be found here: http://ec.europa.eu/odr
10 Choice of law, place of jurisdiction, severability clause
10.1 If the buyer is a merchant within the meaning of commercial law, a legal person under public law or a special fund under public law, then the seat of the seller is the agreed place of jurisdiction. The same applies if the buyer does not have a general place of jurisdiction or domicile in Germany or the usual place of residence is not known at the time the action is brought.
10.2 The following applies to registered buyers: the seller reserves the right to change these general terms and conditions for the future, provided this appears necessary and the interests of the buyer are not unreasonably impaired as a result. The need for changes can arise in particular from adapting to changes in legislation and case law and through further development of the seller’s services. Such changes to these general terms and conditions will be communicated to the buyer in a suitable manner and highlighting the changes by email four weeks before the changes are planned to come into effect. At the same time, the seller will give the buyer a reasonable period of at least four weeks to declare whether he will accept the changed general terms and conditions.
If the buyer does not object to the changed general terms and conditions within this period, counted from the receipt of the e-mail with the announcement, the changed or supplementary general terms and conditions will take effect. In the notification of the changes at the beginning of the period, the seller will specifically point out this legal consequence, ie the possibility of objection, the period and the legal consequences, in particular with regard to an omitted objection. This change mechanism does not apply to changes in the main contractual performance obligations of the parties.
10.3 Should one of the provisions in these terms and conditions be or become void, this shall not affect the validity of the other provisions. The relevant statutory provisions apply in place of the ineffective provision.
Status: April 2021