Terms and Conditions Maisto-Caffé
These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded between us, the
Via Antonio Domenico Vaccaro, 18/22, Giugliano in Campania NA, 80014
Tel .: +39 081 1991 3175
and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
The version of the terms and conditions valid at the time the contract is concluded is decisive.
We do not accept deviating conditions of the customer. This also applies if we do not expressly contradict the inclusion.
Conclusion of contract
The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a sales contract.
By submitting an order via the online shop by clicking the button “order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your right to cancel your order, which may exist in accordance with Section 3, remains unaffected.
We will immediately confirm receipt of your order placed via our online shop by email. Such an e-mail does not yet contain a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt.
A contract is only concluded when we accept your order through a declaration of acceptance or through the delivery of the ordered items.
If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you about this immediately and immediately reimburse you for any consideration already received.
Right of withdrawal
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
If you, as a consumer, make use of your right of withdrawal according to section 1, you have to bear the regular costs of the return.
In addition, the regulations that are detailed below apply to the right of withdrawal
Right of cancellation
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 goods.
In order to exercise your right of withdrawal, you must give us [name of the entrepreneur, address and, if available, telephone number, fax number and email address] by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear declaration on our website (insert Internet address). If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
In order to meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all the 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 the 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 have the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to us or to (this may include the name and address of the person authorized by you to receive the goods to be returned or handed over. 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 handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
- End of revocation -
The right of withdrawal does not apply to distance contracts
for the delivery of goods that have been made according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date has been exceeded,
for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
Terms of delivery and reservation of prepayment
We are entitled to make partial deliveries insofar as this is reasonable for you.
The delivery time is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in Paragraph 3 - with the conclusion of the contract.
For orders from customers with their place of residence or business abroad or if there are reasonable indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation) If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
Prices and shipping costs
All prices in our online shop are gross prices including VAT and do not include shipping costs.
The shipping costs are specified in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.
If we fulfill your order by partial deliveries in accordance with Section 4 (1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
If you effectively revoke your contractual declaration in accordance with § 3, you can, under the legal requirements, request the reimbursement of costs already paid for shipping to you (shipping costs) (see § 3 Paragraph 3 for other consequences of cancellation).
Terms of payment and set-off and right of retention
The purchase price and shipping costs are to be paid at the latest within two (2) weeks of receipt of our invoice.
You can transfer the purchase price and the shipping costs to our account specified in the online shop, give us a direct debit or via EC- / Maestro-, Paypal, Karina, Apple Pay, Amazon Pay, Visa, Mastercard, American Express, Maestro , Ideal, Bancontact, Shop Pay or credit card payments. In the case of a direct debit authorization or payment by EC / Maestro or credit card, we will initiate the debit of your account at the earliest at the point in time regulated in Paragraph 1. A direct debit authorization issued also applies to further orders until revoked.
You are not entitled to offset against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract.
As a buyer, you may only exercise a right of retention if your counterclaim stems from the same sales contract.
Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
We are liable for material or legal defects of delivered articles according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Paragraph 1.
We are liable to you in all cases of contractual and non-contractual liability in the event of willful intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
In other cases - unless otherwise stipulated in Paragraph 3 - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which you as a customer can regularly rely (so-called cardinal obligation), and indeed limited for the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Paragraph 3.
Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
We have copyrights to all images, films and texts that are published in our online shop. Use of the images, films and texts is not permitted without our express consent.
Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
If you are a merchant and have your seat in Germany at the time of the order, the exclusive place of jurisdiction is the seat of the seller, Giuliano In Campania NA. In addition, the applicable statutory provisions apply to local and international jurisdiction.
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.