This is a translation of the original German-language terms and conditions that is provided for your convenience. Please note that this translation is not authoritative and by placing an order through our online shop at www.espressocoffecapsule.com, you agree to the original German terms and conditions.
Please read these terms and conditions carefully before placing orders in our online shop.
The following general terms and conditions of M O E Z GmbH, Im Mediapark 5, D-50670 Cologne, Germany (hereinafter “Shop” or “We” or “EspressoCoffeeCapsule.com”) apply to orders placed via www.espressocoffecapsule.com.
§ 1 General contidions
- These general terms and conditions apply to all deliveries by M O E Z GmbH (hereinafter “online shop” or “we”) to consumers. You can download or print our terms and conditions at any time from www.espressocoffeecapsule.com.
- A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in their commercial or independent professional activity. Customers (hereinafter “customer” or “you”) within the meaning of these terms and conditions are consumers and entrepre-neurs.
- The purchase contract is concluded with
M O E Z GmbH, represented by Managing Director Inga Artamonova,
Im Mediapark 5, D-50670 Cologne, Germany.
§ 2 Contract conclusion
- The presentation of the products in the online shop does not represent a legally binding offer, but only an invitation to order.
- The online shop offers the goods exclusively to adults. If the customer is under 18, you may only use our online shop with the support and approval of a parent or legal guardian.
- By clicking the “Buy” or “Order for a fee” button, you are submitting a binding contract offer with the online shop, which, however, requires our acceptance. We confirm receipt of your order with an automatically generated email, which does not, however, constitute acceptance of the offer.
- EspressoCoffeeCapsule.com is not obliged to accept your contract offer. A binding contract is only concluded when we confirm the dispatch of the goods to the customer by email.
- It is not permitted to order goods for the purpose of commercial resale via our online shop
- We only sell our goods to our customers in normal household quantities.
- Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
- The password for the customer account may not be passed on to third parties. In case of a transfer, consumers are also responsible for third-party orders and the resulting claims.
§ 3 Right of cancellation
Right of cancellation
- As a consumer, you have a right to cancel this contract in our shop within fourteen days without giving any reason.
- If you as a consumer make use of your right of cancellation according to this paragraph, you have to bear the regular costs of the return.
- 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 cancellation, you must inform us MOEZ GmbH, Im Mediapark 5, D-50670 Cologne, Germany, order espressocoffeecapsule.com, by means of a clear declaration (e.g. a letter sent by post or email) about your decision. You can use the attached cancellation form for this purpose, but this is not mandatory. You can also electronically fill in and submit the cancellation form or another clear declaration on our website. If you make use of this option, we will send you a confirmation of receipt of your cancellation request (e.g. by email).
- 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 cancellation
If you withdraw from this contract, we will be reimburse 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) without delay and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. We can refuse reimbursement until we have received the goods back.
You have to send 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
M O E Z GmbH,
In Mediapark 5,
D-50670 Cologne, Germany.
The deadline is met if you send the goods before the period of fourteen days has expired.
You have to bear the delivery costs of returning the goods.
You will only have to bear the costs of a potential depreciation of the items, if this depreciation has been caused by a treatment of the items that goes beyond assessing their quality, properties and functionality.
End of cancellation right
§ 4 Exception to the cancellation right
- The right of cancellation does not exist or expires if items which for health reasons or reasons of hygiene are unfit to be taken back, have been opened or used by you.
§ 5 Subject of the contract, availability, properties and delivery
- The subject of the contract are the goods selected by you as part of your order and listed in the order confirmation at the final prices displayed in the online shop. Errors and mistakes in our online shop are reserved, particularly with regard to the availability of goods.
- If some of the goods you have selected are not available at the time of your order, we will inform the customer of this in the order confirmation. If the goods are permanently unavailable, we will refrain from a declaration of acceptance. In this case, no contract is concluded.
- If the goods specified in your order are only temporarily unavailable, we will also inform you of this in the order confirmation.
- In case of a delivery delay of more than fourteen days, you have the right to withdraw from the contract. In this case EspressoCoffeeCapsule.com is also entitled to withdraw from the contract. We will immediately reimburse any payments already made.
- The properties of ordered goods ordered you can find in product descriptions in our online shop. The range of products may differ from the images on our website in terms of color and design for technical reasons.
§ 6 Prices and shipping costs
- All prices stated on the product pages are shown in EURO or in the local currency and include the value-added tax where applicable and other charges, but excluding any shipping costs.
- In addition to the quoted prices, we calculate the shipping costs. The shipping costs are clearly defined to you on the product pages, in the shopping cart system and on the order page.
- From a certain subtotal order value, we deliver free of charge. The shipping costs can be found on our shipping information page.
§ 7 Shipping
- Delivery takes place worldwide with the exception of a few countries that have been excluded due to legal or contractual requirements.
- The dispatch takes place to the delivery address given in the order or alternatively to a DHL packing station (for domestic orders). We bear the shipping risk if you are a consumer.
- The delivery to the shipping company takes place no later than 7 days after receipt of the payment. Public holidays lead to a postponement of the delivery time.
§ 8 Payment
- Payment can be made either in advance, SEPA, credit card or invoice.
- If you choose to pay in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
- We offer the payment methods SEPA, credit card and invoice in cooperation with Klarna or Stripe. When paying by SEPA, credit card and invoice, your personal details will be processed by Klarna or Stripe in accordance with the applicable data protection regulations and the Klarna or Stripe data protection regulations.
- When paying with Klarna or Stripe, you must comply with the Klarna or Stripe general terms and conditions.
- EspressoCoffeeCapsule.com does not save the payment information you have entered on their systems.
§ 9 Claims for defects (Warranty)
- If the purchased item is defective, we are reliable for material defects according to legal provisions.
- The customer will be asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
§ 10 Damages
- We pay damages only according to legal provisions and for damage claims which result from loss of life or injury to body or health or from a breach of duty in regards to the contractual relationship. The same applies for damage claims in accordance to the provisions of the product liability law.
- All instructions on the packaging and the directions for use need to be observed. We do not accept liability for any deviating application and/or handling.
§ 11 Retention of title
- The goods remain the property of M O E Z GmbH until they have been fully paid.
§ 12 Dispute resolution
- 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 not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but we are ready in principle.
§ 13 Final provisions
- We reserve the right to change these terms and conditions at any time. The current version can be found on www.espressocoffeecapsule.com for viewing, downloading and printing.
- The contractual relationship between the customer and EspressoCoffeeCapsule.com is subject to the law of the Federal Republic of Germany with the exclusion of the UN sales law.
- If the customer is not a consumer, the place of business of M O E Z GmbH (Cologne) is agreed as the exclusive place of jurisdiction.
- If any provision of this contract is or becomes ineffective, the remaining parts of the contract remain binding. In place of the ineffective points, the statutory provisions apply, if they exist.
As of: 01. January 2021