Terms and Conditions

Terms and Conditions of Atempause UG

1. General Provisions

1.1 Customers within the meaning of these General Terms and Conditions (GTC) may be either consumers or business entities.

1.2 An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity. A partnership with legal capacity is a partnership that has the capacity to acquire rights and assume obligations.

1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

2. Offer, Conclusion of Contract

2.2 Online Store

The products and services listed by the Seller within the online shop do not constitute offers binding on the Seller; rather, they constitute an invitation to the Customer to submit a binding offer by placing an order.

By submitting the order from the “virtual shopping cart,” the customer places a binding order for the items contained therein. The seller will immediately confirm receipt of this order to the customer via email.

The purchase contract is concluded upon the seller’s express acceptance of the order in writing or upon delivery of the goods. In this regard, the seller is entitled to accept the customer’s offer to enter into a contract within two business days of receiving the order.

3. Prices, Shipping Costs

All prices listed are total prices including VAT plus shipping costs. The costs for packaging and shipping are specified in the respective offer.

Special case: Partial return of goods shipped with free shipping. If you exercise your right of withdrawal and return part of the goods that we delivered to you with free shipping, the value of the goods will be recalculated. If the value of the retained goods is €90 or more, no additional costs will be incurred. If the value of the retained goods is less than €90 after a partial return, we will re-evaluate the order and charge the standard packaging and shipping costs of €8.90, which apply to orders under €90.

4. Retention of Title

The goods delivered by the seller remain the seller’s property until full payment has been made.

5. Payment Methods; Delivery; Delivery Restrictions; Shipping Costs; Transfer of Risk

5.1 You can find the payment methods we accept on our website. Delivery is subject to the shipping costs indicated in the respective product description. We will notify you of any delivery restrictions, if applicable.

5.2 If the customer is a consumer, the seller bears the shipping risk in all cases, regardless of the shipping method. If the customer is a business, all risks and dangers associated with shipping are transferred to the customer as soon as the goods have been handed over by the seller to the contracted logistics partner.

6. Right of Withdrawal

If you are a business (see Section 1.2 of our Terms and Conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not apply. For consumers (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity), the following applies:

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must notify me

Atempause UG (limited liability)

An der Schanze 46

24159 Kiel (Friedrichsort)

Phone: 0431 - 79936747 (call forwarding required)Email: info@atempause-kaffee.de

by means of a clear statement (e.g., a letter sent by mail, telephone, fax, or email) regarding your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, though this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

We may withhold the 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 immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You shall bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if this diminished value is attributable to handling of the goods that goes beyond what is necessary to check their nature, characteristics, and functioning.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To:

Atempause

Owner: Mr. Chris Ziesenitz

An der Schanze 46

24159 Kiel Friedrichsort

Email: info@atempause-kaffee.de

I/we () hereby cancel the contract I/we () entered into for the purchase of

following goods ()/the provision of the following service ()

………………………………………………………………………………………………………

Ordered on ()/received on ()

………………………………………………………………………………………………………

Name of the consumer(s) ……………………………………………………………………….

Address of the consumer(s) ………………………………………………………………….

Signature of the consumer(s) (only for paper notifications)

………………………………………………………………….……

Date …………………………….

(*) Delete as appropriate.

7. NOTES

7.1 Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs; contracts for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded;Contracts for the delivery of alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on market fluctuations over which the business operator has no influence, contracts for the delivery of newspapers, journals, or magazines, with the exception of subscription contracts,The right of withdrawal expires prematurely, unless the parties have agreed otherwise, in the case of the following contracts:

Contracts for the 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,Contracts for the delivery of goods if, due to their nature, they have become inseparably mixed with other goods after delivery,Contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery,7.2 Please avoid damaging or soiling the goods. Please return the goods to us in the original packaging, if possible, with all accessories and all packaging components. Use protective outer packaging if necessary. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging.

7.3 Please note that the provisions of Section 7.2 above are not a prerequisite for the effective exercise of the right of withdrawal.

8. Compensation for Loss of Value upon Cancellation

In the event of a withdrawal from the contract, notwithstanding § 346(2)(3) of the German Civil Code (BGB), the customer must provide compensation for any loss in value of the goods if such loss is attributable to handling of the goods that was not necessary for the purpose of inspecting their nature, characteristics, and functionality, and we have informed the customer of their right of withdrawal in accordance with Article 246a § 1(2) sentence 1 no. 1 of the Introductory Act to the Civil Code.

9. Liability for Defects, Warranty Rights, Liability

All our goods are subject to statutory liability for defects. Liability and warranty are governed by statutory provisions.

The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any guarantees do not limit the statutory warranty claims.

3.1 We can only consider complaints regarding defects if they are received by us in writing immediately upon discovery, but no later than 10 days after receipt of the goods.

3.2 Hidden defects that cannot be discovered even upon careful inspection within this period must be reported in writing immediately upon discovery, but no later than 3 months after receipt of the goods.

3.3 No warranty or liability applies if the defect or damage is due to modifications or improper handling of the goods by the customer or third parties.

10. Consumer Information for Distance Contracts Regarding the Purchase of Goods

10.1 The seller has committed to the following code of conduct: The seller has committed to the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.

10.2 Please refer to the individual product descriptions on the website for the essential characteristics of the goods offered by the seller and the validity period of limited-time offers. The language available for concluding the contract is exclusively German.

10.3 You may submit complaints and warranty claims to the address provided in the seller’s identification. Please refer to the offer for information regarding payment, delivery, or fulfillment.

10.4 In the online store, you first add the selected items to your shopping cart. Once you have selected all desired items, you can proceed to checkout. If you are already a customer, you can log in by entering your email address and password, or via Facebook or Twitter. If you are a new customer, you can either continue your purchase without registering in the shop or open a personal customer account. In both cases, you must first provide your contact information in the next step. After that, you can select the shipping method and desired payment method, and finally place your order by clicking the “Buy” button. Until then, you have the option to review your entries, verify them, and, if necessary, correct them on the previous page by clicking the “Back” button on your browser or cancel the order process by leaving the page.

10.5 Storage of the Contract Text on the eBay Online Marketplace

The seller does not store the contract text themselves after the contract is concluded, nor does the seller make the contract text available to the customer themselves. However, the contract text is archived on eBay and can be accessed by the customer free of charge at www.ebay.de for a period of 90 days after the conclusion of the contract by entering the corresponding item number. To view the item page containing the contract text, the customer can enter the relevant item number into the search field on the eBay homepage and click the “Find” button. You can print the relevant webpage using your browser’s print function. After the contract is concluded, you will automatically receive an email with further information regarding the fulfillment of the contract. You can also save the contract text by right-clicking to save the webpage to your computer. However, since the seller has no influence over the duration of storage of the eBay website, please note that, in accordance with eBay’s Terms and Conditions, members are responsible for archiving information viewable via eBay services and stored by eBay—which they require for the purposes of preserving evidence, bookkeeping, or other purposes—on a storage medium independent of eBay.

10.6 Storage of the Contract Text in the Online Store

The seller does not store the contract text themselves after the contract is concluded, nor does the seller make the contract text available to the customer themselves. However, after the contract is concluded, we will send the customer an order confirmation containing all details to the email address you provided, in which all essential data regarding your order, our Terms and Conditions, and your right of withdrawal notice will be communicated to you once again. You have the option to print both the Terms and Conditions and your order with all data entered during the ordering process. You can also print the contract text using your browser’s print function. You can also save the contract text by right-clicking to save the webpage to your computer. Once the order process is complete, the contract text will no longer be accessible to you.

11. Final Provisions

11.1 The contractual relationship between the Seller and the Customer, as well as the respective terms and conditions, shall be governed by the laws of the Federal Republic of Germany. If the Customer is a consumer, the applicable statutory provisions and rights existing under the law of the Customer’s country of residence in favor of the consumer shall remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.2 If any of the foregoing provisions have not become part of the contract in whole or in part or are invalid, the remainder of the contract shall remain valid. To the extent that the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by statutory provisions.