§ 1 General

These General Terms and Conditions govern the contractual relationship between MAXIM KAFFEE GmbH (hereinafter referred to as "CAFE MAXIM" or "MAXIM KAFFEE GmbH") and private consumers and entrepreneurs or institutions (hereinafter referred to as "Buyer") who purchase goods from CAFE MAXIM.
Consumers within the meaning of the General Terms and Conditions are natural persons who enter into a business relationship with CAFE MAXIM without being able to attribute a commercial or independent professional activity to them.

Entrepreneurs within the meaning of the General Terms and Conditions are natural/legal persons or partnerships with legal capacity who maintain a business relationship with CAFE MAXIM in the exercise of their commercial or independent professional activity.

The contract language is German or English.

§ 2 Contract

Your contractual partner is MAXIM KAFFEE GmbH. Contracts in our online shop can currently only be concluded in German or English. Our promotional offers are subject to change without notice unless they become part of a contractual agreement.

Before submitting your order, you have the opportunity to review and correct the data you have entered. By submitting your order, you are entering into a binding contract. Confirmation of receipt of your order will follow immediately after your order has been received in full compliance with the technical requirements.

A binding contract is concluded when we accept your order.

The confirmation of receipt does not constitute acceptance of your order (unless we request payment for the first time there), but is only intended to inform you that we have received your order and can be used for archiving purposes.


§ 3 Shipping costs

Shipping costs within Germany are a flat rate of €5.90 per delivery for orders up to €30. Shipping is free for orders over €79. We ship via DHL or GLS.

Orders to foreign countries are subject to the following shipping costs. Additional costs such as customs duties and customs processing fees may arise and are not covered by CAFE MAXIM. Please contact your local customs authority for exact costs and fees.


§ 4 Delivery

Available items will be delivered to the address provided by the buyer within 4 business days of the contract conclusion. Should unplanned delivery delays occur outside of this time, we will notify you by email.


§ 5 Transfer of risk

The risk of accidental loss or accidental deterioration of the goods passes to the buyer after the first delivery attempt. If the purchase is a commercial transaction and not a consumer transaction, the risk passes upon handover to the carrier or shipping service provider.

§ 6 Retention of title

The goods remain our property until full payment has been made.

§ 7 Prices

The price listed in the respective offer is the final price, including VAT and any other price components. The price does not include shipping costs.

§ 8 Warranty and complaint management

For goods delivered by us, the statutory warranty period of two years applies to consumers. This period begins upon delivery of the goods. Warranty claims against businesses are limited to a period of one year from delivery.
Businesses must report obvious defects in writing immediately, but no later than 14 days after receipt of the goods. If non-obvious defects are discovered, the obligation to notify the seller immediately applies, but no later than 14 days after discovery of the defect. To preserve the buyer's rights, timely dispatch of the notification is sufficient. Otherwise, the goods are deemed to have been accepted, even with regard to the respective defect. Timely dispatch is sufficient to meet the deadline. For merchants, Section 377 of the German Commercial Code (HGB) also applies.
Excluded expressly from the limitations or exclusions of warranty liability set out in the above provisions 1. and 2. are claims for damages based on a defect resulting from injury to life, limb, or health that result from a breach of duty for which we are responsible, as well as claims for damages for other damages that result from an intentional or grossly negligent breach of duty by us. The statutory limitation period of two years applies to the claims excluded above. Limitations or exclusions of warranty claims as a whole do not apply in the event of a guarantee of quality by us or the fraudulent concealment of a defect by us within the meaning of Section 444 of the German Civil Code (BGB). Any manufacturer's warranty remains unaffected. In addition, the provision of Section 478 of the German Civil Code (BGB) regarding the dealer's recourse against his own supplier when selling newly manufactured goods to a consumer remains unaffected.
Within the warranty period, we are obliged to provide subsequent performance free of charge for defects that are subject to the statutory warranty, i.e. to remedy the defect or to provide a replacement. Consumers as contractual partners have the choice as to whether the subsequent performance should take the form of remedying the defect or providing a replacement. If special statutory requirements exist, we are entitled to refuse the type of subsequent performance chosen, in particular if this is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the contractual partner. In contracts with entrepreneurs, the type of subsequent performance shall be at our discretion. If we are unwilling or unable to remedy the defect or provide a replacement, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or replacement delivery fails for any other reason, you are entitled, at your discretion, to demand a corresponding reduction in the purchase price or to withdraw from the contract. If the statutory requirements are met, claims for damages may also exist. Withdrawal and compensation instead of full performance are also excluded if the defect only insignificantly reduces the value or suitability of the purchased item or work.
We value your customer satisfaction. You can contact us at any time using one of the contact methods listed above. We will endeavor to review your request as quickly as possible and will get back to you after receiving the documents, your input, or your complaint. Please give us some time, however, as warranty claims often require the manufacturer to be involved. If you have a complaint, you can help us by describing the problem as precisely as possible and, if necessary, sending us a copy of your order documents or at least providing your order number, customer number, etc. If you do not receive a response from us within 5 working days, please ask again. In rare cases, emails may have gotten caught in our or your spam filters, or a message may not have reached you by other means, or may have been accidentally omitted.
For service inquiries, please contact our customer service as follows:
 

Maxim Coffee GmbH
Reisingerstrasse 3
80337 Munich
Telephone 0179 4268791
Email: info@cafe-maxim.com

§ 9 Limitation of Liability

CAFE MAXIM is liable for damages other than those resulting from injury to life, limb, or health if these damages are based on intentional or grossly negligent conduct or on the culpable breach of a material contractual obligation. Further liability for damages is excluded. Claims arising from a guarantee provided by CAFE MAXIM regarding the quality of the purchased item and the Product Liability Act remain unaffected.

§ 11 Place of jurisdiction

Disputes arising from these Terms and Conditions are subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is also excluded. If the buyer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes is the registered office of MAXIM KAFFEE GmbH in Munich. The same applies if the buyer does not have a general place of jurisdiction in Germany or if their place of residence or whereabouts is unknown at the time the lawsuit is filed.


Status: May 2020