1. CONTRACTUAL PARTNERS - SCOPE - DEFINITIONS

The contract is concluded with

XXX.Coffee Berlin
A. Erhan Dizbay
Adalbertstrasse 9
D-10999 Berlin

VAT ID no. DE 338203417

hereinafter referred to as the provider.

These general terms and conditions apply to all orders between the provider and the customer (hereinafter referred to as “customer” or “you”). The version valid at the time of the conclusion of the contract is decisive.

Deviating, conflicting or supplementary general terms and conditions of the customer do not apply unless we have expressly agreed to their validity.

If "consumers" are mentioned in these terms and conditions, these are natural persons who conclude a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

"Entrepreneurs", on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in their commercial or independent professional activity.

"Customers" in the sense of these terms and conditions are both consumers and entrepreneurs.

If working days are specified as deadlines, this includes all days of the week with the exception of Saturdays, Sundays and public holidays.

2. ORDER PROCESS

The customer can add the desired product to the shopping cart without obligation by clicking on it in the shop. You can view the contents of the shopping cart at any time by clicking on the shopping cart without obligation. Input errors can be corrected at any time using the keyboard and mouse in the input fields and goods can be deleted from the shopping cart.

If the customer wants to buy goods from the shopping cart, he can click the button "Proceed to checkout!" initiate the ordering process. After entering the data necessary to process the contract, such as address, the customer can click on the "Complete registration" button to go to the order page, on which the entries can be checked again. The ordering process can be ended at any time by closing the browser. You can correct your order at any time by clicking the "Change" or "Delete" buttons.

3. CONCLUSION OF A CONTRACT

The presentation of the goods in the online shop is not a legally binding offer, but an invitation to order. Errors excepted.

By clicking the button "order with obligation to pay", the customer submits a binding offer to purchase the goods listed on the order page.

The provider will immediately confirm receipt of the order with the content of the offer to the customer after receipt of the offer by the provider by e-mail to the e-mail address given in the offer.

The provider can accept the customer's order by sending an order confirmation by email or by delivering the goods within 5-10 working days.

The order is confirmed by sending an email to the email address given in the customer's offer. If the customer does not have a deliverable e-mail address, the order confirmation will be sent when the goods are delivered to the delivery address specified by the customer. If the provider has not accepted the customer's offer, the offer is deemed to have been rejected.

No sales contract is concluded for products that are not listed in the order confirmation.

In the case of PayPal or Sofortüberweisung as the payment method, the customer's account will be debited immediately due to technical features. However, this does not constitute acceptance of the customer offer. If the provider is unable to deliver the customer order, the payment made will be refunded to the customer immediately.

All products offered are only sold in normal household quantities.

4. PRICES AND PAYMENT TERMS

All prices quoted are in euros including statutory sales tax and other price components, plus shipping costs, if applicable. The shipping costs are clearly communicated to the customer in the shopping cart system and on the order page.

From a value of 15.00 EUR we deliver free of charge within Germany.

You have the option of choosing the payment method Paypal, Sofortüberweisung or credit card.

If you pay by credit card, your account will be debited when the goods are delivered.

The contractual relationships between PayPal and its customers are based exclusively on PayPal's terms of use.

There are no other taxes or additional costs.

5. DELIVERY

Delivery takes place within Germany and the EU. For delivery within Germany and the packaging costs, we charge a proportionate lump sum of EUR 4.90. Deliveries within the EU are charged at EUR 16.50.

Unless expressly stated otherwise in the offer, delivery takes place within 5-10 working days after receipt of the order.

In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over;

If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer only hands over the goods after the age check and only to the customer personally.

6. RESERVATION OF TITLE

The delivered goods remain the property of the provider until the purchase price has been paid in full.

7. RIGHT OF WITHDRAWAL FOR DISTANCE AGREEMENTS

Consumers have the following right of withdrawal

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any 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 or has taken possession of the last goods.

In order to exercise your right of withdrawal, you must contact us

XXX.Coffee
Adalbertstrasse 9
D-10999 Berlin

Email: info@erhandizbay.com
Tel .: +49 15202366000

by means of a clear statement (e.g. by email or a letter sent by post) of your decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

The right of withdrawal does not apply to the following contracts:

Right of withdrawal for services

Contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision.

Right of withdrawal for subscription contracts

You have the right to cancel this contract within fourteen days without giving any 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.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.  We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to an extent that is not necessary for you to check the nature, properties and functionality of the goods.

The right of withdrawal does not apply to

• Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,

• Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,

• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

• Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.

8. GENERAL INFORMATION ON RETURNING GOODS

Please avoid damage and contamination of the product. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging to provide adequate protection against damage in transit.

These general information are not a prerequisite for the effective exercise of the right of withdrawal.

Repayments by the provider are made to the account used by the customer for payment. When paying with Sofortüberweisung, the return transfer will be sent to the account from which the transfer was made. If the customer has paid by PayPal / credit card, the refund will be made to the associated PayPal or credit card account of the customer.

9. PAYMENT AGREEMENT

You bear the direct costs of returning the goods.

10. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible. Failure to lodge a complaint or contact has no consequences for the statutory warranty claims of consumers and only serves to support the provider in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.

11. WARRANTY

The statutory warranty obligation applies to consumers.

In the case of entrepreneurs, we initially guarantee defects in the goods through repair or replacement delivery, at our option.

Entrepreneurs must immediately examine the delivered goods for quality and quantity deviations and notify us in writing of any defects that can be identified within a period of one week from receipt of the goods. If a complaint is not made within 7 days, the goods are deemed to have been properly and completely delivered, unless it is a matter of a defect that was not recognizable during the inspection. Deadline is sufficient for the timely dispatch. The above does not apply to the purchase of consumer goods.

For entrepreneurs, the limitation period for statutory warranty claims is one year from delivery of the goods. For used items, the warranty period is one year from delivery of the goods.

12. STORAGE POSSIBILITY AND VISIBILITY IN CONTRACTUAL TEXT

You can also print out or save this document by using the usual function of your Internet service program (= browser: there usually "File" -> "Save as").

Our order confirmation e-mail, which we send to the e-mail address you provided after your order, once again contains the data of your order, our terms and conditions and cancellation policy and can be saved, for example, via your e-mail program.

Your order details are saved by us, but for security reasons they cannot be accessed directly by you.

We offer password-protected direct access for every customer. With the appropriate registration, you can view data about your completed, open and recently sent orders and manage and save your address data, any payment data and any newsletter.

13. FINAL PROVISIONS

The contract language is German.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction for all disputes arising from this contractual relationship is the registered office of the provider. The same applies in the event that the customer is an entrepreneur and does not have a general place of jurisdiction in Germany. The provider is also entitled to sue the customer at his general place of jurisdiction.

If the customer is an entrepreneur, all changes, ancillary agreements, termination and repeal of this agreement must be made in writing. This also applies to a change or cancellation of this clause.

The law of the Federal Republic of Germany applies to the exclusion of the provisions on the uniform UN sales law on the purchase of movable objects (CISG). For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

14. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution, which you can find under  http://ec.europa.eu/consumers/odr/  Find. We are ready to take part in an out-of-court arbitration process.

​

15. DUTY OF CONFIDENTIALITY

​

With the conclusion of a purchase, the buyer is obliged to observe the confidentiality of the product. 

As of 03.2021

SR-Machines.Berlin/ ErhanDizbay.Coffee
 

1.      GENERAL

These general terms and conditions apply to all orders between the provider and the customer (hereinafter referred to as “customer” or “you”). The version valid at the time of the conclusion of the contract is decisive.

Deviating, conflicting or supplementary general terms and conditions of the customer do not apply unless we have expressly agreed to their validity.

If "consumers" are mentioned in these terms and conditions, these are natural persons who conclude a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

"Entrepreneurs", on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in their commercial or independent professional activity.

"Customers" in the sense of these terms and conditions are both consumers and entrepreneurs.

If working days are specified as deadlines, this includes all days of the week with the exception of Saturdays, Sundays and public holidays.

The following terms of sale, delivery and payment apply exclusively and for all relationships between ErhanDizbay.Coffee and the customer. Deviating agreements are only valid if they are confirmed by us in writing. The associated contractual conditions apply to leasing, rental and loan agreements. All offers are free and non-binding. Information in catalogs and brochures about shape, weight and quality are only indicative.

2.      PRICES

The prices quoted at the time of the order confirmation are decisive. Should there be an increase in the cost factors by the time the order is confirmed, we are entitled, if necessary, to offset the prices valid on the day of delivery.

​

3.      PAYMENT

Our invoices are payable immediately without deduction. Offsetting with claims other than undisputed or legally established claims is not permitted. We are not obliged to make advance payments. If the payment terms are exceeded, we are entitled to charge the respective discount rate of the Deutsche Bundesbank as a flat rate without proof. The assertion of further damages remains reserved.

If the buyer is in default of payment, our entire claim from the business relationship with the buyer becomes due. In this case and if the customer's financial circumstances deteriorate, we are entitled to request advance payments. The right to claim damages due to non-performance is also reserved.

​

4th     RESERVATION OF TITLE

The goods purchased from us remain our property until all, including future claims, from the business relationship with the buyer have been fully satisfied. The customer may only sell the goods delivered by us in the ordinary course of business either against cash payment or if retention of title has been agreed or, if passed on to resellers, only if an extended current account retention of title has been agreed. He has to store the goods belonging to us properly and to insure them properly. The buyer is not entitled to pledge the goods subject to our retention of title or to assign them as security. He must notify us immediately of any access by third parties to the goods subject to our retention of title or to the claims assigned to us. All of us by averting third party access to the reserved goods, in particular seizure; The customer bears the costs incurred, insofar as these cannot be collected from third parties. If goods that are our property are resold, this must be calculated separately from goods from other suppliers. Our customer hereby assigns to us the claims arising from the sale against the purchaser in full, including all ancillary rights (reserved property, security property, bills of exchange, etc.) until our claims mentioned in item 1 have been paid in full. If there is a real or fake current account relationship between the customer and his customers, the customer hereby also assigns to us the claims arising from the termination of the current account relationship, the determination of the balances and the balance claims. In the case of payment by check or bill of exchange, ownership of these papers is transferred to us as soon as the customer purchases them; the handover of the papers is replaced by the fact that the customer first takes them into safekeeping for us. If the customer changes to discount, he assigns the discount proceeds to us in advance. If the customer sells the goods delivered by us together with goods from other suppliers and a total invoice is issued, the partial amount of the total invoice amount that is attributable to the goods from our deliveries included in the total invoice is assigned to us; the same applies to ancillary rights (e.g. reserved property, security property, bills of exchange, etc.) If and to the extent that the claims assigned to us are not asserted by us, the customer is entitled to collect these claims and to utilize ancillary rights. The direct debit authorization of the customer and his authorization to exploit ancillary rights is revocable for important reasons, in particular in the event of a significant deterioration. It expires without revocation if the customer stops his payments, opens judicial or extrajudicial composition or bankruptcy proceedings against him or the opening of bankruptcy proceedings against him is rejected due to lack of assets. Without our prior written consent, our customer may not conclude any installment contracts with financial institutions for the goods delivered under our retention of title. An assignment of claims is only permitted if it takes place by way of real factoring, is notified to us in advance and if the factoring proceeds exceed the value of our secured claim. When the factoring proceeds are credited to the customer, our claims become due immediately insofar as they are recorded by real factoring. Should the securities to which we are entitled according to the above provisions exceed our claims by more than 25%, the retention of title to the oldest delivery subject to retention of title shall no longer apply. If our customer defaults on the fulfillment of his payment obligations towards us, if he stops his payments or if judicial or extrajudicial composition or bankruptcy proceedings are opened against his assets or if bankruptcy proceedings are refused due to insufficient assets, the entire remaining debt becomes due, even if Bills of exchange with a later due date run.

​

5.     DELIVERY TIMES / SHIPPING / MISSING QUANTITIES

The delivery period begins with the order confirmation. If a deposit has been agreed, the delivery time begins with the receipt of the deposit by our company. The delivery time is met if the goods are available within the deadline and this has been communicated to the customer. The delivery period is extended - even within a delay in delivery - appropriately in the event of unforeseen obstacles which our company could not avert despite the care reasonable in the circumstances of the case (e.g. operational disruptions, industrial action, strikes, official interventions, delivery of essential raw materials, etc.)

The company ErhanDizbay.Coffee has to notify the customer of such obstacles. In the event of later changes to the contract that could affect the delivery period, the delivery period will be extended to an appropriate extent, unless special agreements are made. If the goods are sent to the customer at the request of the customer, the risk of accidental loss or deterioration of the goods is transferred to the customer when they are delivered by the shipping agent, but no later than when they leave our warehouse, regardless of whether the shipment is from the place of performance or who bears the freight costs. When the shipment is received, the individual items must be counted or weighed immediately. Complaints and transport losses must be reported to us immediately by the recipient, enclosing the shipping documents on which the carrier has acknowledged the shortfalls. If the buyer does not comply with this obligation, the shipment is deemed to have been accepted in full and undamaged.

​

6th     WARRANTY

The customer is obliged to check every delivery immediately upon receipt and to report defects or shortages in writing within a preclusive period of 3 days. The statutory regulation applies to undetectable defects (material manufacturing defects), starting on the day of purchase / delivery. During the warranty period after the sale, defects subject to warranty will be remedied by us free of charge. The customer loses the right to a warranty in the following cases: If he generally fails to meet his obligations towards our company, or if the defects complained about are the result of intervention by the customer, his employees or third parties. Insofar as the defects are due to normal wear and tear, limescale and / or soiling, improper handling, if repairs or changes have been made by third parties without the company ErhanDizbay.Coffee having been informed and given its written approval.

​

7th     REPAIR ACCEPTANCE

As far as possible, the customer will be informed of the expected repair price when the contract is concluded, otherwise the customer can set cost limits. If the repair cannot be carried out at these costs or if ErhanDizbay.Coffee considers it necessary to carry out additional work during the repair, the customer's consent must be obtained if the stated costs are exceeded by more than 20%. The services provided for submitting a cost estimate will be invoiced to the customer if the repair cannot be carried out for reasons for which the contractor is not responsible. The entire invoice amount is payable on delivery of the repaired item without any deductions. The withholding of payments or the offsetting with any counterclaims of the customer disputed by the client is not permitted. The information on repair times is based on estimates and is not binding. Unless a later date has been agreed, the repair should be completed within 24 days of acceptance. If the repair cannot be completed within these days, the contractor is entitled to withdraw from the repair order without any obligation to pay damages. The client is obliged to collect the object to be repaired no later than 4 weeks after the object to be repaired has been handed over to the contractor. If a later date has been agreed, the item to be repaired must be picked up no later than 14 days after the agreed later date. If the goods are not picked up on time, the client will be given a grace period by letter to the last known address. After the grace period has expired, a demurrage of € 10.00 will be charged for each additional day of storage. The contractor shall not be liable for any repair items that have not been picked up 28 days after the order was placed or 14 days after an agreed repair date. If the object to be repaired is not picked up despite two reminders, the client, by taking note of these general repair conditions, expressly agrees that ownership of the object to be repaired will pass to the contractor (Section 929 sentence 2 BGB). The contractor is then entitled to utilize the item to be repaired at his own discretion to cover his claim. The contractor is obliged to accept the repair work, provided that it has been notified of its completion and any contractually provided testing of the item to be repaired has taken place. If the repair turns out to be not in accordance with the contract, the customer cannot refuse acceptance if the contractor expressly acknowledges his obligation to remedy the defect.

​

8th.     RESIGNATION

If the customer wishes to withdraw from the contract before delivery, the company declares itself

ErhanDizbay.Coffee agrees because the customer does not meet his contractual obligations, he is obliged to pay 30% of the order amount recorded by the withdrawal as compensation. We reserve the right to assert larger, actually incurred damage.

​

9.     APPLICABLE LAW; PLACE OF FULFILLMENT; JURISDICTION

German law applies. The place of fulfillment and jurisdiction is Berlin.

​

10.   INVALIDITY RULE

Should any of these conditions be ineffective in whole or in part for legal reasons, the remaining conditions will continue to apply.

​

​