§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders placed with the online store of

Café del Cielo – Luisa Fernanda Mejia Upegui

Krusenrotter Weg 56

24113 Kiel

Deutschland

Telefon: +49017641543832

E-Mail luisa@delcielofarm.com

(2) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.

(3) Contract language is exclusively German. This section in English is for information purposes only.

(4) You can call up and print out the currently valid General Terms and Conditions on the Website

§ 2 Completion of contract

(1) The presentation of goods in the online store does not constitute a binding application for the completion of a sales contract. Rather, it is a non-binding request to order goods in the online store.

The following applies to purchases via the online store:

a. The customer can select and order products on the website https://www.delcielofarm.com/. The individual products are described in the product description on the respective website or in connection with the product naming. The customer can add the desired product page or overview to his virtual shopping cart by clicking on the button “Add to cart”.

b. Above the “Continue to checkout – Buy now” button, the customer is again directed to the

– the essential characteristics of the goods in the shopping cart,

– the total price of the goods including all related price components and all taxes paid via the trader or, if an exact price cannot be indicated, its calculation basis, which allows the consumer to verify the price.

c. On the page “Check-out” the buyer must indicate his invoice address and any different delivery address and the method of payment. The customer can also check the order for correctness of content, especially price and quantity, and correct it if necessary. It is also still possible to cancel the order on the “Checkout-Checkout” page, in which the ordering process is not completed.

The application for the completion of the purchase contract can only be submitted and transmitted if the customer has confirmed by clicking separately that he has read the terms and conditions and the cancellation policy and also accepts them.

(2) By clicking the button [“Order now with payment” / “buy”/ “Buy now”] you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is concluded with the confirmation of receipt has not yet been completed.

(4) A purchase contract for the goods shall only be completed when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.

(5) Orders are only possible in quantities customary in households. 

§ 3 Prices

The prices stated on the product pages contain the legal value added tax and other price components and are exclusive of the respective shipping costs and, if stated, exclusive of deposit.

§ 4 Terms of payment; delay of payment

(1) The payment is optionally made by:

• credit card or

• Paypal
  
  

(2) The selection of the respectively available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods, for example, only advance payment to cover our credit risk.

(3) If you choose the prepayment method, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.

(4) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual charge to your credit card account is made at the time we ship the goods to you.

(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be executed automatically by PayPal immediately afterwards.

(6) If you fall behind with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless lower or higher damages can be proven in the individual case.

§ 5 Offsetting / Right of retention

(1) You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close relationship with our claim.

(2) Similarly, you may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.

(2) Delivery is only possible within Germany, France, Switzerland, Dennamark and Ireland.

(3) In the event that not all ordered products are in stock, we shall be entitled to make partial deliveries, provided this is reasonable for you. Any periods of time shall only begin with the receipt of the last partial delivery.

(4) If the delivery of perishable goods is the subject of this contract, the following shall apply: The customer shall ensure the acceptance of easily perishable goods on the agreed delivery date by taking suitable precautions, e.g. by accepting the goods himself, appointing a person to accept the goods at the delivery address given or informing the seller of the name and address of a neighbor who is willing and entitled to accept the goods.

(5) When ordering bulk goods, i.e. goods which are weighed individually for each customer, quantity deviations may occur. The price to be paid is determined on the basis of the basic price. The basic price is indicated in EUR per unit of quantity (e.g. EUR per 100ml, 100g, 1kg, 1l). The price to be paid by the customer then refers to the quantity actually weighed.

This may result in slight differences between the price stated in the online store when the order is placed and the actual invoice price. Every effort will be made to keep such differences to a minimum.

(6) The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of ordering, the customer will receive a notification of the expected delivery date and the order will be noted by us. As soon as the goods are in stock, they will be shipped to the customer without further notification to the customer. In case of unavailability, especially because a limited stock of goods marked as such is exhausted (e.g. vintage wine), the customer will be informed by us. Payments already made will then be refunded immediately.

(7) As an exception, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part, but were not supplied correctly or on time (congruent covering transaction), provided that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately.

In addition, we may not have assumed the risk of the procurement of the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

§ 7 Ownership of property

(1) The goods remain our property until the purchase price has been paid in full.

(2) If you are an entrepreneur in the sense of § 14 BGB, the following applies in addition:

– We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

– You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. As far as you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.

– If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

– We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 8 Cancellation policy

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of revocation

You have the right to cancel this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must

Company:

Address:

e-mail:

Phone: Phone:

fax:

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us or to any third party immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

Sample withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

To

Company:

Address:

e-mail:

fax:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of communication on paper)

Date

(*) Delete as applicable.

Ende der Widerrufsbelehrung

(1) The right of withdrawal does not exist

– for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

– in the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,

– in the case of delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,

– in the case of delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature

(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(3) Before returning the goods, please call us at [Phone No. +49 017641543832] to announce the return. In this way you will enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.

§ 9 Damage in transit

(1) If goods with obvious transport damages are delivered, please complain about such errors immediately to the deliverer and contact us as soon as possible.

(2) Failure to make a complaint or contact us will have no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

§ 10 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).

(2) the statutory provisions shall apply with the following modifications:

– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.

– You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods.

– The punctual dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In case of violation of the obligation to examine and to give notice of defects, the assertion of warranty claims is excluded.

– In the case of defects, we shall provide warranty at our discretion by replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.

– The warranty period is two months from delivery of the goods.

§ 11 Liability

(1) If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

(2) The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.

§ 12 Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

 We shall endeavor to settle any differences of opinion arising from our contract amicably. In addition, we are not obliged to participate in arbitration proceedings and unfortunately we cannot offer you to participate in such proceedings.

§ 13 Final provisions

(1) Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the other provisions shall not be affected.

(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our registered office.

Stand: December, 2020