General Terms and Conditions with Customer Information
1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Customer Account
9. Warranty
10. Liability
11. Storage of the Contract Text
12. Final Provisions
1. Scope of Application
1.1 The following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between firstshot-espresso Henrik Eschen, owner: Henrik Eschen, Bansenstraße 17, 21075 Hamburg (hereinafter "Seller") and the customer (hereinafter "Customer").
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the course of their commercial or independent professional activity.
1.3 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.
2.2 All offers are valid "while stocks last," unless otherwise stated with the product. Errors and omissions excepted.
3. Ordering Process and Conclusion of Contract
3.1 The customer can select products from the seller's range without obligation and add them to a virtual shopping cart by clicking the "Add to Cart" button. The product selection can be modified within the shopping cart, e.g., items can be deleted. The customer can then proceed to checkout by clicking the "Proceed to Checkout" button in the shopping cart.
3.2 By clicking the "Order" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can review and change the information at any time, return to the shopping cart using the browser's "back" function, or cancel the order entirely. Required fields are marked with an asterisk (*).
3.3 The seller will then send the customer an automatic order confirmation by email, which lists the customer's order again and which the customer can print using the "Print" function. This automatic order confirmation merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase agreement is only concluded when the seller ships or delivers the ordered product to the customer within two business days, or confirms shipment to the customer within two business days by means of a second email, an explicit order confirmation, or by sending the invoice. Acceptance can also occur through a payment request from the seller to the customer and, at the latest, upon completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance date is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is formed and the customer is no longer bound by their offer.
3.4 For customers who are businesses, the aforementioned period for dispatch, delivery, or order confirmation is seven business days instead of two.
3.5 If the seller offers prepayment, the contract is formed upon provision of the bank details and payment request. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a reminder, the seller will withdraw from the contract, rendering the order invalid and releasing the seller from any obligation to deliver. The order is then considered complete for both the buyer and seller without further consequences. Therefore, items are reserved for a maximum of 10 calendar days for prepayment orders.
4. Prices and Shipping Costs
4.1 All prices listed withhout value-added tax (VAT). The seller is exempt from VAT according to §19 of the German VAT Act.
4.2 In addition to the listed prices, the seller charges shipping costs for delivery. These shipping costs are clearly displayed to the buyer on a separate information page and during the order process.
5. Delivery, Product Availability
5.1 If prepayment has been agreed upon, delivery will take place after receipt of the invoice amount.
5.2 If delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer immediately.
5.3 If the ordered product is unavailable because the seller is not supplied with this product by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, offer delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will refund any payments already made by the customer immediately.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are businesses, the risk of accidental loss or damage to the goods passes to the buyer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates unless otherwise agreed or promised.
5.6 The seller is not liable to customers who are businesses for delays in delivery or performance due to force majeure or unforeseen events that significantly impede or render delivery impossible, even if delivery dates and deadlines have been contractually agreed upon. In such cases, the seller is entitled to postpone delivery or performance for the duration of the impediment plus a reasonable start-up period. This right to postpone delivery or performance also applies to customers who are businesses in cases of unforeseen events that affect the operations of a supplier and are beyond the control of either the supplier or the seller. During the period of this impediment, the customer is also released from their contractual obligations, in particular the obligation to pay. If the delay is unreasonable for the customer, they may withdraw from the contract by written declaration after setting a reasonable deadline or after mutual agreement with the seller.
6. Payment Terms
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment is due within 30 days of receipt of the goods and the invoice. For all other payment methods, payment is due in advance without deduction.
6.3 If third-party providers are commissioned to process payments, e.g., PayPal, their terms and conditions apply.
6.4 If the payment due date is determined by calendar date, the customer is in default upon missing the deadline. In this case, the customer is obligated to pay statutory default interest.
6.5 The customer's obligation to pay default interest does not preclude the seller from claiming further damages for default.
6.6 The customer shall only be entitled to offset claims if their counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been received.
For customers who are businesses, the following applies in addition: The seller retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. The buyer is obligated to treat the purchased goods with care as long as title has not yet passed to them. In particular, they are obligated to insure the goods at their own expense against theft, fire, and water damage for their full replacement value, provided this is appropriate or customary in the industry. If maintenance and inspection work is required, the buyer must carry it out promptly at their own expense. Any processing or transformation of the goods subject to retention of title by the customer is always carried out on behalf of the seller. If the goods subject to retention of title are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title relative to the other processed items at the time of processing.
8. Customer Account
8.1 The seller provides customers with a customer account. Within the customer account, customers have access to information about their orders and their customer data stored by the seller. The information stored in the customer account is not public.
8.2 Customers can also place an order as a guest without having to create a customer account.
8.3 Customers are obligated to provide truthful information in their customer account and to update this information as necessary to reflect changes in their circumstances (e.g., a changed email address in case of a change of address or a changed postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
8.4 The customer account may only be used in accordance with applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller's terms and conditions, using the access forms and other technical access options provided by the seller. Any other use, in particular by external software such as bots or crawlers, is prohibited.
8.5 To the extent that customers store, provide, or otherwise post content or information (hereinafter referred to as "Content") within their customer account, the customers are responsible for this information. The seller does not adopt the customer's Content as its own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement posed by the Content, in particular the risk to third parties. These measures, which must comply with the criteria of necessity, appropriateness, diligence, objectivity, and reasonableness, as well as the interests of all parties involved, especially the fundamental rights of the customers, may include the (partial) deletion of Content, requests for action and explanation, warnings and formal notices, and bans from the premises.
8.6 Customers may terminate their customer account at any time. The seller may terminate the customer account at any time with reasonable notice, which is generally two weeks. Termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.
8.7 From the moment of termination, the customer account and the information stored in the customer account will no longer be available to the customer. It is the customer's responsibility to back up their data when terminating the customer account.
9. Warranty
9.1 The warranty is governed by statutory provisions, subject to the following regulations.
9.2 The seller does not assume any guarantee within the meaning of Section 443 of the German Civil Code (BGB).
9.3 If the customer is a business, they must, without prejudice to statutory obligations to give notice of defects, inspect the goods immediately and notify the supplier in writing of any apparent defects without delay, at the latest within two weeks of delivery, and of any latent defects without delay, at the latest within two weeks of their discovery. Minor deviations in quality, weight, size, thickness, width, finish, pattern, and color that are customary in the trade, permissible according to quality standards, or acceptable are not considered defects.
9.4 If the customer is a business, the seller has the option of either repairing or replacing defective goods.
9.5 Notwithstanding the liability provisions of these Terms and Conditions, claims for defects in goods generally expire one year after the transfer of risk for customers who are businesses, unless longer periods are mandatory by law, particularly in the case of special provisions for recourse by businesses. For used goods, the warranty is excluded for customers who are businesses.
9.6 If a customer who is a business has incorporated or attached the defective item, as defined in Section 439 Paragraph 3 of the German Civil Code (BGB), into another item in accordance with its nature and intended use, the seller is not obligated, unless expressly agreed otherwise and without prejudice to other warranty obligations, to reimburse the customer for the necessary expenses incurred in removing the defective item and installing or attaching the repaired or replacement item. Accordingly, the seller is also not obligated to reimburse expenses incurred by the customer for removing the defective item and installing or attaching the repaired or delivered non-defective item within the context of recourse within the supply chain (i.e., between the customer and its customers).
10. Liability
10.1 The following exclusions and limitations of liability apply to the seller's liability for damages, notwithstanding any other statutory requirements for claims.
10.2 The seller is liable without limitation insofar as the cause of the damage is due to intent or gross negligence.
10.3 Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper performance of the contract and on which the customer regularly relies. In this case, however, the seller is only liable for foreseeable damages typical of this type of contract. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The aforementioned limitations of liability do not apply in cases of injury to life, body, or health, for defects after the assumption of a guarantee for the quality of the product, and in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
11. Storage of the Contract Text
11.1 The customer can print the contract text before submitting the order to the seller by using their browser's print function in the final step of the ordering process.
11.2 The seller will also send the customer an order confirmation with all order details to the email address provided. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, delivery, and payment terms. If you have registered in our shop, you can view your placed orders in your profile. We also store the contract text, but do not make it publicly accessible online.
11.3 Business customers can receive the contract documents by email, in writing, or via a link to an online source.
12. Final Provisions
12.1 If the buyer is a business, the place of performance is the seller's registered office, unless otherwise agreed or required by mandatory legal provisions. The place of jurisdiction is the seller's registered office if the buyer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the seller's country of registered office. The seller reserves the right to choose another permissible place of jurisdiction.
12.2 In the case of businesses, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory legal provisions dictate otherwise.
12.3 The contract language is German.
12.4 We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.