General Terms and Conditions
For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.
Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The purchase contract is concluded with Tres Cabezas BERLINKAFFEE GmbH.
With the placement of the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Terms of Delivery
In addition to the stated product prices may still be shipping costs. More detailed provisions on any shipping costs you will find in the offers.
We deliver only in the shipping route. A self-collection of the goods is unfortunately not possible.
In our store, you are basically the following payment methods available:
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
SEPA direct debit
With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited.The account debit will take place before the goods are shipped. The period for advance notice of the date of the account debit (so-called prenotification period) is 1 days.
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Sofort by klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately thereafter by Sofort and your account debited.
In the ordering process you will be redirected to the website of the online provider Amazon even before completion of the ordering process in our online store. In order to complete the order process via Amazon and pay the invoice amount, you must be registered there or register first and legitimize with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. Then you will be redirected back to our online store, where you can complete the ordering process.Immediately after the order, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.
Purchase on account and financing via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer invoice purchase and installment purchase as a payment option. Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.
Klarna Installment Purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). More information about Klarna installment purchase including the terms and conditions and the European
standard information for consumer credit can be found here.
When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here.
6. Right of withdrawal
You are entitled to the statutory right of withdrawal, as described in the cancellation policy.
7. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves, as long as you do not meet your payment obligations.
8. Transport Damage
For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. Warranty and Guarantees
Unless otherwise expressly agreed below, the statutory defect liability law applies.
In the case of purchase of used goods by consumers, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the defect claims are excluded. Defects that occur within one year from delivery of the goods can be claimed under the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Towards entrepreneurs, only our own information and the product descriptions of the manufacturer, which were included in the contract, apply as an agreement on the quality of the goods; for public statements of the manufacturer or other advertising statements, we assume no liability.
If the delivered item is defective, we provide warranty to entrepreneurs initially at our discretion by eliminating the defect (rectification) or by delivery of a defect-free item (replacement).
The above restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or agents
- in case of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty and fraud
- in case of breach of essential contractual obligations, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- in the context of a guarantee promise, if agreed
- as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.
Customer Service: Tel: 03029047470 Mon - Fri, 10-17 , firstname.lastname@example.org
For claims based on damage caused by us, our legal representatives or agents, we are always liable without limitation
- for injury to life, limb or health
- for intentional or grossly negligent breach of duty
- for warranty promises, if agreed, or
- if the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages shall be excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here.We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.Responsible is the General Consumer Arbitration Board (from 01.01.2020: the Universal Arbitration Board) of the Center for Arbitration e.V., Strassburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.