Terms of service

Terms and Conditions (T&C)

§ 1 Scope of Application

These Terms and Conditions apply to all contracts between

caffè di FORMA by PUNK & SUIT Gastronomieberatung UG
Waldweg 6, D-85376 Giggenhausen (Neufahrn b.Freising)
contact@caffediforma.com

and consumers or business entities (Sections 13, 14 of the German Civil Code (BGB)), which are concluded via our online shop.

Any deviating contractual terms and conditions of the customer shall not apply unless we expressly agree to their validity in writing.

§ 2 Subject Matter of the Contract

The subject matter of the contract is the sale of espresso coffee and coffee products (foodstuffs) offered through our online shop.

§ 3 Conclusion of the Contract

The products displayed in the online shop do not constitute a legally binding offer, but rather an invitation to place an order.
By clicking the “Place Order” button, you are submitting a binding offer to enter into a contract.
The contract is concluded as soon as we accept your order by sending an order confirmation via email.

§ 4 Prices and Payment

All prices are in euros and include the applicable value-added tax.
Shipping costs may apply and will be shown separately at checkout.
The available payment methods are displayed in the shop.
Your payment method will be charged immediately upon conclusion of the contract, unless otherwise agreed (e.g., pre-orders).

§ 5 Delivery and Shipping

Delivery is made to the shipping address provided by the customer.
Delivery times are specified in the store and begin upon receipt of payment.
Partial deliveries are permitted, provided they are reasonable for the customer.

§ 6 Subscriptions

Upon signing up for a subscription, the customer receives regular deliveries at the selected frequency.
Subscriptions can be paused or canceled at any time for future deliveries.
Deliveries that have already been processed or shipped cannot be canceled or returned.

§ 7 Pre-orders

Pre-orders apply to products that are not yet available at the time of ordering.
Pre-orders can be canceled until the time of shipment approval.
Once shipped, cancellation is not possible.

§ 8 Right of Withdrawal

Consumers generally have a right of withdrawal.
However, there is no right of withdrawal for contracts for the delivery of goods

that are likely to spoil quickly or whose expiration date would be exceeded, or
for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken (Section 312g(2)(2) and (3) of the German Civil Code (BGB)).

Since our products are foodstuffs (espresso coffee), returns are not permitted after shipment.

Details are provided in the cancellation policy.

§ 9 Retention of Title

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

§ 10 Warranty

The statutory warranty rights apply.

In particular, no warranty applies to damage caused by:

improper storage,
improper handling,
opening or use contrary to the product’s intended purpose.

§ 11 Liability

We assume unlimited liability in cases of willful misconduct and gross negligence.
In cases of slight negligence, we are liable only for breaches of material contractual obligations (cardinal obligations).
Liability for indirect damages, in particular lost profits, is excluded.
Liability under the Product Liability Act remains unaffected.

§ 12 Contract Language & Storage

The contract language is German.
We will store the contract text; however, it will no longer be accessible to the customer after the contract is concluded.

§ 13 Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions be invalid, the remainder of the contract remains valid.
The place of performance and jurisdiction is, to the extent permitted, the company’s registered office.