Terms of service


General Terms and Conditions for the Online Shop Aromatico.com

§ 1 Contractual partner, scope of application

1. Contractual partner of contracts concluded via this online shop is:

Aromatico Heinrich Schwarz GmbH & Co. KG     
Löwenhof 9      
D-28217 Bremen           
telephone: +49 421 9888270  
info@aromatico.de
www.aromatico.com

2. The following General Terms and Conditions apply to all contracts concluded via this online shop.     

3. The offers in this online shop are directed at consumers and entrepreneurs. A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession (section 13 German Civil Code, „BGB“). An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (section 14 BGB).

 

§ 2 Conclusion of the contract, steps of the conclusion of the contract

1. By placing the products in the online shop, we make a binding offer to conclude a contract for these items. The contract for the goods contained in the shopping basket is concluded when you accept our offer by clicking the button "order with costs".

2.  If you have chosen the payment method PayPal or instant bank transfer, you will be directed to the website of the payment provider after the order process in order to make the payment there. If the payment process is not completed successfully, for example if you cancel the payment process with PayPal or the instant bank transfer, this will result in the purchase contract becoming invalid. The non completion of the payment process thus constitutes a resolutory condition for the purchase contract. If you still want to purchase the goods, we ask you to place a new order.

3. Immediately after placing your order, you will receive again an order confirmation by e-mail listing the details of the contract. Furthermore, with this e-mail  you will again receive the General Terms and Conditions, the instruction on your staturtory right of withdrawal as a consumer and the withdrawal form.

4. When ordering via our online shop, the ordering process comprises the following steps:

You select the desired goods and place them in your virtual shopping basket without commitment by clicking the "Add to shopping basket" button. You can view the contents of the shopping basket without commitment at any time by clicking the "Shopping basket" button and delete each individual product in the shopping basket at any time by clicking the "x" button or change the quantity by entering a different quantity in the "Quantity" field.

When you click the "checkout" button, you will be prompted to either log in by entering your login details if you already have a customer account, or to set up a customer account. You also have the option of placing a guest order without registering and setting up a customer account. Mandatory information is marked with an "*".

After registration and/or entry of the data and selection of the payment method, you will be asked to confirm that you accept our GTC and that you have taken note of your statutory right of withdrawal.     

Before submitting a binding order, you have the opportunity to check your details in an order overview. You can correct all details (e.g. name, address, method of payment, items ordered) on the overview page using the editing fields provided. Up to this point, the order process is non-binding for you. A purchase contract for the items in the shopping basket is concluded only if you click on the "order with costs" button.

§ 3 Storage of the contract text, accessibility of the contract text and of the GTC

We store the contract text of your order. You can print out and/or save the content of your order immediately after placing the order. We will also send you the terms of the contract, including these General Terms and Conditions, by e-mail. Registered customers can also use the "Login" function to view their current and completed orders even after placing their order.

§ 4 Contract language

The conclusion of the contract in our online shop takes place exclusively in German.

§ 5 Prices, shipping costs

1. The prices stated in our online shop are in euros (€) and include the statutory value added tax and other price components, in particular, insofar as coffee is concerned, the coffee tax in the amount of 2.19 EUR/kg. The shipping costs are to be borne by the customer in addition to the price of the goods.

2. If the buyer transfers the purchase price by bank transfer (paymant methods advance payment or invoice), the buyer shall bear any bank fees (e.g. transfer fees, exchange rate fees) arising from the transfer of the purchase price. We, as the recipient of the payment, may be charged bank fees if the buyer transfers the purchase price from another country outside the EU, for example from Switzerland. Such costs are to be reimbursed to us by the buyer.      

3. The prices stated in the online shop and in advertising e-mails (newsletter) shall only apply if the order is placed by the customer in the online shop.

4. The minimum order value for delivery outside Germany is only 30.00 EUR.

5. The shipping costs amount to:

 

  • Free shipping from an order value of € 99.00*
  • For an order value below 99,00 € the shipping costs are only 7,90 €.
  • Minimum order value only 30 €
  • Delivery time: approx. 3-5 working days

 

We ship to the following Countries: 

Luxembourg

Netherlands
 
Belgium
 
Czech Republic 

France 

Denmark 

Poland 

Sweden

Slovakia 

Slovenia 

Hungary

Estonia

Finland  

Greece 

Ireland 

Latvia 

Lithuania 

Portugal 

Romania 

Spain

 Italy

 

Shipping to Norway and other third countries is excluded.

All prices quoted include VAT at the statutory rate.

You can view the shipping costs at any time via the link on the product pages. In addition, the shipping costs are displayed in the shopping basket and on the order overview before the order is placed.

6. There are no other taxes or costs.

§ 6 Terms of payment

1. We offer the following payment options:      

Germany: Cash on collection, direct debit, PayPal, prepayment or instant bank transfer.

Other countries: PayPal, prepayment   

For entrepreneurs and regular customers we also offer payment by invoice. The choice of payment method is always made by the customer. However, we reserve the right to exclude individual payment methods.

2. If you choose payment in advance as payment method, we will provide you with the bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. If payment has not been made after this period, we are entitled to revoke the contract.

If you give us a SEPA mandate, payment will be made by direct debit from the specified bank account. The account will be debited when the goods are dispatched, but not before the expiry of the advance information period. We will inform you separately about the date of the account debit (advance information). The period for the advance information before the account is debited is reduced to three days.

3. In the case of payment by direct debit, you shall bear the costs that we may incur as a result of a chargeback due to insufficient funds in your account or due to incorrect bank details provided by you.      

§ 7 Terms of delivery

1. We only deliver to customers who have their usual place of residence (invoice address) in one of the following countries and can provide a delivery address in the same country:

Denmark, Luxembourg, Netherlands, Belgium, Czech Republic, France, Great Britain, Poland, Sweden, Slovakia, Slovenia, Hungary, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Portugal, Romania, Spain.

If you would like us to deliver to Austria, please use our shop for Austria: https://www.aromatico.at.

2. The delivery time for deliveries to Germany is 1-2 working days, unless otherwise stated on the product pages. The delivery time is stated on the product page, the last page of the order form, and in the order confirmation. The additional delivery times for shipping abroad can be found on the page "Shipping information". The delivery period begins on the day the payment order is issued to the remitting bank in the case of payment in advance, and on the day after conclusion of the contract in the case of the other payment methods.

3. If an ordered item is not available because we are not supplied, not supplied correctly or not supplied on time by our supplier through no fault of our own despite the supplier's contractual obligation, we shall be entitled to revoke the contract. We will immediately inform the customer that the ordered goods are not available or will only be available at a later date. In the event of revocation, we will refund any payments already made without undue delay.

§ 8 Licensing of our packaging

All packaging of the items that you can order in the online shop is licensed in accordance with the Packaging Regulation (VerpackV) of April 2008, via the company Interseroh, under contract number 145326.

§ 9 Right of withdrawal

Consumers have a statutory right to withdraw from contracts concluded via this online shop in accordance with the following instruction. A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession (section 13 BGB).

Withdrawal instruction

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 named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Aromatico Heinrich Schwarz GmbH & Co. KG, Löwenhof 9, 28217 Bremen/Germany, telephone number: +49 421 9888270, fax number: +49 421 98882799, e-mail address: info@aromatico.de) about your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed sample withdrawal form for this purpose, which is, however, not mandatory.

In order to meet the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless this has been expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. 

We shall bear the costs of returning the goods if, in the case of a return initiated within Germany, (1.) the value of the goods is at least EUR 60.00 and you (2.) use the return label provided by us. Otherwise the return costs are to be borne by you

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 for checking the condition, properties and functioning of the goods.

End of the withdrawal instruction

You can find the sample withdrawal form here [link].

 

§ 10 Defects, rights for defects and liability

1. Statutory liability rights for defects exist for our goods. If the customer is a consumer, the statutory provisions shall apply in the event of a defect in the purchased item.

2. If the customer is an entrepreneur, the following special rules apply: We shall have the right to choose the type of cure. To indemnification claims paragraph 5 shall apply in addition. The limitation period for warranty claims is 12 months from delivery. By way of derogation, the statutory limitation period shall apply to the following claims of the buyer:

- indemnification claims arising from product liability, for damages arising from injury to life, body or health or for breach of an obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the buyer may regularly rely (so-called „Kardinalpflicht“) as well as for other damages caused by an intentional or grossly negligent breach of duty by us or our vicarious agents,

- claims under a right of recourse pursuant to section 445b para. 1 BGB,

- claims due to fraudulent concealment of a defect,

- as well as warranty claims in the cases of section 438 para. 1 no. 1 and no. 2 BGB.

3. In the event of the existence of an additional guarantee, in particular a manufacturer's guarantee, we shall point out separately the existence and the conditions of the guarantee in the product description and together with the delivery of the goods.    

In the event of the existence of such an additional guarantee, your statutory rights against us for warranty for defects shall not be limited thereby.

4. In legal transactions with consumers, we shall be liable in accordance with the statutory provisions.

5. In legal transactions with entrepreneurs we shall be liable as follows: In the event of intent and gross negligence, we shall be liable in accordance with the statutory provisions. In the case of slight negligence, we shall only be liable in the event of a breach of an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the buyer may regularly rely (so-called „Kardinalpflicht“). If we are liable for slight negligence, our liability shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Apart from that, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded. The preceding exclusions and limitations of liability do not apply if we have assumed a guarantee, for damages which are to be compensated according to the Product Liability Act as well as for damages to life, body or health. The preceding exclusions and limitations of liability also apply in favour of our employees, vicarious agents and other third parties whom we use to perform our obligation.

§ 11 Retention of title

The delivered goods remain our property until full payment has been made. Prior to the transfer of property, pledging, transfer by way of security, processing or transformation is not permitted without our consent.

§ 12 Image rights | Copyright

The texts, photos and graphic designs used on this website, in particular product illustrations and product descriptions (also in partial extracts) are protected by copyright. We reserve all rights.

§ 13 Data protection

We process personal data only in accordance with the legal provisions, in particular the EU General Data Protection Regulation and the Federal Data Protection Act. You can find detailed information on the processing of personal data here.

§ 14 Competitions

At irregular intervals, competitions are held on the website www.aromatico.de for which separate conditions apply. The conditions for the respective competition can be found on the respective promotion page.

§ 15 Coupon redemption conditions

1. We issue coupons from time to time as part of discount and special promotions. Coupons are promotional vouchers that cannot be purchased but are issued by us as part of discount and special promotions. They may be discount coupons or merchandise coupons. Discount coupons reduce the value of the goods by a percentage (e.g. 5%) or by an absolute (e.g. 5€) value. Coupons are redeemable by means of a coupon code.

2. Special conditions of redemption (e.g. period of validity) apply to the coupon of the respective promotion, which we will inform you of together with the coupon for the respective promotion. Unless otherwise stated there, the following general redemption conditions apply:

- Coupons can only be used for the goods or groups of goods specified in the specific redemption conditions of the respective coupon. Coupons cannot be used for [...].

- Coupons are only redeemable within the promotional period applicable to the coupon, which is communicated with the respective coupon, and expire after this date.

- If a minimum order value is stated in the specific redemption conditions, the coupon can only be redeemed if the order exceeds this minimum order value.

- Each coupon within a discount and special promotion can only be used and redeemed once.

- Only one coupon can be used per order. A combination with other coupons / vouchers is not possible.

- Cash payment of coupons is not possible. Subsequent redemption of coupons on orders already placed is also excluded. This also applies to current orders.

- Coupons can only be used on www.aromatico.de for the products offered there.

- The resale of coupons is not permitted.

- If the total purchase amount in the shopping basket is less than the value of the coupon, the remaining amount will be forfeited.

- If you exercise your right of withdrawal and return goods, the purchase price paid by you for the returned goods (reduced by the coupon) will be refunded. If you do not return all the goods from a total order, you will of course only have to pay the purchase price for the non-returned goods. The coupon applies to the non-returned items if and to the extent that it would have been redeemable if you had ordered only the non-returned items in the first place, for example if the minimum order value had then been reached as well. If you have already paid the total purchase price, you will be refunded the difference between the purchase price you paid and the purchase price you owe for the non-returned goods. There is no entitlement to a refund or replacement of the coupon from the promotion.

§ 16 Applicable law and jurisdiction

German law shall apply exclusively excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer, the statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

§ 17 Reference to EU platform for dispute resolution (OS platform) and notice pursuant to the Consumer Dispute Resolution Act (VSBG)

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our e-mail address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.

 

Bremen, October 2019