§ 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 terms and conditions are natural persons who enter into a business relationship with CAFE MAXIM without this being attributable to a commercial or independent professional activity.

For the purposes of these terms and conditions, "entrepreneurs" are natural or legal persons or legally recognized partnerships who maintain a business relationship with CAFE MAXIM in the course 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 non-binding until 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 making a binding contractual offer. Confirmation of receipt of your order will follow immediately after your order has been successfully received.

A binding contract is formed when we accept your order.

The order confirmation does not yet constitute acceptance of your order (unless we are requesting payment for the first time there), but is only intended to inform you that your order has been received 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.

International orders are possible at the following shipping costs. Additional costs such as customs duties and processing fees may apply 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 within 4 business days of the contract being concluded to the address provided by the buyer. Should any unforeseen delivery delays occur outside this timeframe, we will notify you by email.

§ 5 Transfer of Risk

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

§ 6 Retention of Title

The goods remain our property until full payment is received.

§ 7 Prices

The price listed in each offer is the final price, including VAT and any other applicable charges. Shipping costs are not included.

§ 8 Warranty and Complaint Management

For goods supplied by us, the statutory warranty period of 2 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 receiving the goods. For non-obvious defects, the obligation to report them immediately applies, but no later than 14 days after discovery of the defect. Timely dispatch of the notification is sufficient to preserve the buyer's rights. Otherwise, the goods are deemed accepted, even with respect to the respective defect. Timely dispatch is sufficient to meet the deadline. For merchants, Section 377 of the German Commercial Code (HGB) also applies.

The limitations or exclusions of warranty liability expressly excluded from the provisions in sections 1 and 2 above are claims for damages arising from injury to life, body, or health caused by a breach of duty for which we are responsible, as well as claims for other damages resulting from an intentional or grossly negligent breach of duty on our part. The statutory limitation period of two years applies to the aforementioned excluded claims. Limitations or exclusions of warranty claims in general do not apply in the case of our assumption of a guarantee of quality or our fraudulent concealment of a defect within the meaning of Section 444 of the German Civil Code (BGB). Any manufacturer's warranty also remains unaffected. Furthermore, the provisions of Section 478 of the German Civil Code (BGB) regarding the recourse of the retailer against its own supplier when selling newly manufactured goods to a consumer remain unaffected.

Within the warranty period, we are obligated to remedy defects covered by the statutory warranty free of charge, i.e., to repair the defect or provide a replacement. Consumers, as contractual partners, have the choice of whether, in the event of a defect, the remedy should be repair or replacement. We are entitled to refuse the chosen remedy under specific legal conditions, particularly if it would incur disproportionate costs and the other remedy would not cause significant disadvantages for the contractual partner. In contracts with businesses, the remedy is at our discretion. If we are unwilling or unable to repair the defect or provide a replacement, or if this is delayed beyond a reasonable period for reasons attributable to us, or if the repair or replacement otherwise fails, you are entitled, at your option, to demand a corresponding reduction in the purchase price or to withdraw from the contract. Claims for damages may also exist if the legal requirements are met. Furthermore, the right to withdraw from the contract and to claim damages in lieu of performance are excluded if the defect only insignificantly reduces the value or suitability of the purchased item or the work.

We value your customer satisfaction. You can contact us at any time using one of the contact methods listed above. We strive to review your request as quickly as possible and will get back to you after receiving your documents, input, or complaint. However, please allow us some time, as warranty cases often require contacting the manufacturer. When submitting a complaint, please help us by describing the problem as precisely as possible and, if applicable, sending copies 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 business days, please follow up. In rare cases, emails may be caught in spam filters on our end or yours, or a message sent via other means may not have reached you or may have been inadvertently omitted.

For service inquiries, please contact our customer service department, which you can reach as follows:

Maxim Kaffee GmbH
Reisingerstr. 3
80337 Munich
Phone 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, body, or health, provided these damages are based on intentional or grossly negligent conduct or on a culpable breach of a material contractual obligation – further liability for damages is excluded. Claims arising from a guarantee given by CAFE MAXIM regarding the quality of the purchased item and from the Product Liability Act remain unaffected.

§ 11 Place of jurisdiction

Disputes arising from these Terms and Conditions are governed by the laws of the Federal Republic of Germany – the application of the UN Convention on Contracts for the International Sale of Goods (CISG) is 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 has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought.

As of May 2020