General Terms and Conditions
General Terms and Conditions and Customer Information
Rechtlicher Hinweis
Diese englische Fassung dient ausschließlich Informationszwecken und stellt eine automatisierte Übersetzung der deutschen Originalfassung dar.
Maßgeblich und rechtsverbindlich ist ausschließlich die deutsche Version.
Im Falle von Abweichungen oder Auslegungsfragen ist die deutsche Fassung maßgebend.
Deutsche Version
Legal notice
This English version is provided for informational purposes only and is an automated translation of the original German version.
Only the German version is legally binding.
In the event of discrepancies or questions of interpretation, the German version shall prevail.
German version
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (La Marzocco Deutschland GmbH) via the website https://lamarzocco-de-update.testsuite.it/. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby expressly rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time.
After clicking the “Checkout” or “Proceed to order” button (or similar designation) and entering your personal data as well as payment and shipping details, the order data will be displayed to you as an order overview.
If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the respective instant payment service provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment service provider or after you are redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview again, amend it (also using the “back” function of your internet browser), or cancel the order.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).
(5) Order processing and transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Conclusion of the contract for courses
(1) The subject matter of the contract is the provision of courses.
By listing the respective course offer on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time.
After clicking the “Checkout” or “Proceed to order” button (or similar designation) and entering your personal data and payment details, the order data will be displayed to you as an order overview.
If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the respective instant payment service provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment service provider or after you are redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview again, amend it, or cancel the order.
By submitting the order via the corresponding button, you legally declare acceptance of the offer, thereby concluding the contract.
(3) Order processing and transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 4 Provision of services for courses
(1) The courses are conducted in the form described in the respective offers on the agreed dates.
(2) If the conduct of courses depends on the number of participants, the minimum number of participants is specified in the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g. by email) at least 7 days before the start of the course that the booked course will not take place. Any services already rendered will be refunded immediately in this case.
(3) If an individual event is cancelled due to the short-term absence of the course instructor due to illness or for another important reason, any services already rendered will be refunded immediately.
For events consisting of multiple dates, if a date is cancelled due to the short-term absence of the course instructor due to illness or for another important reason, the cancelled date will be rescheduled for a replacement date.
(4) In connection with the use of course rooms and facilities, you must comply with the house rules posted on site. You must follow our instructions and/or the instructions of the course instructor.
§ 5 Special agreements on offered payment methods
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly designated button on our website and during the online ordering process. For payment processing, “PayPal” may use other payment services; if special payment conditions apply, you will be informed of these separately. Further information on “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall additionally apply:
a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Prior to transfer of ownership of the goods subject to retention of title, pledging or assignment by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept the assignment. You remain authorised to collect the claims. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claims ourselves.
c) In the event of combination or mixing of the goods subject to retention of title, we 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.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If rectification fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless otherwise indicated by the nature of the goods, the defect, or other circumstances. In the case of rectification, we are not required to bear increased costs resulting from transporting the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the limitation period does not apply:
– to damages attributable to us resulting from injury to life, body, or health, or to other damages caused intentionally or by gross negligence;
– if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
– for goods that have been used for a building in accordance with their usual use and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of law, place of performance, jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is filed. The right to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer information
1. Identity of the seller
La Marzocco Deutschland GmbH
Maulbronner Weg 25
71706 Markgröningen
Germany
Phone: +49 7145 935380
Email: info.de@lamarzocco.com
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on the conclusion of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and correction options are governed by the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser’s print function. After receipt of the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form (e.g. by email), which you can print or electronically save.
4. Codes of conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are displayed separately during the ordering process, and must be borne by you in addition, unless free delivery has been promised.
6.3. The payment methods available to you are displayed under a correspondingly designated button on our website or in the respective offer.
6.4. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due immediately.
6.5. Unless otherwise agreed, payment for booked courses must be made on site no later than the course date before the start of the course; otherwise, there is no entitlement to participate.
7. Delivery conditions
7.1. Delivery conditions, delivery dates, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, the statutory provision applies that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company or another person designated to carry out the shipment who was not named by the entrepreneur.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory warranty rights
Warranty rights are governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by lawyers specialised in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29 November 2023