Terms of service

1. General Terms and Conditions with Customer Information for the Sale of Goods

Scope of Application
Conclusion of Contract
Prices and Payment Terms
Delivery and Shipping Terms
Liability for Defects
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law, Jurisdiction

1) Scope of Application

1.1 These General Terms and Conditions of Kaffeemacher AG (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless expressly regulated otherwise.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. By entering their personal data and clicking the button that completes the order process, the Customer submits a legally binding contract offer regarding the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
by requesting the Customer to make payment after the Customer has placed their order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, as a result of which the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects "PayPal Express" as the payment method during the ordering process, they simultaneously submit a payment instruction to their payment service provider by clicking the button that completes the order process. In this case, the Seller hereby declares acceptance of the Customer's offer at the moment when the Customer triggers the payment process by clicking the button that completes the order process.

2.5 The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer.

2.6 When submitting an offer via the Seller's online order form, the Seller stores the contract text and sends it to the Customer after sending their order along with these Terms and Conditions in text form (e.g., email, fax, or letter). Additionally, the contract text is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected customer account by providing the appropriate login details, provided that the Customer created a customer account in the Seller's online shop before sending their order.

2.7 Before submitting the order binding via the Seller's online order form, the Customer can continuously correct their entries using standard keyboard and mouse functions. Furthermore, all entries are displayed once more in a confirmation window before the binding submission of the order and can also be corrected there using standard keyboard and mouse functions.

2.8 German language is available for the conclusion of contract.

2.9 Order processing and contact take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Prices and Payment Terms

3.1 The Seller's stated prices include statutory value-added tax and other price components. Any shipping and delivery costs that may apply are separately stated in the respective product description.

3.2 Various payment options are available to the Customer, which are specified in the Seller's online shop.

3.3 If advance payment is agreed, payment is due immediately after the contract is concluded.

3.4 If the Customer selects invoice payment as the payment method, the purchase price is due after the goods are delivered and invoiced.

3.5 If the Customer selects invoice payment as the payment method, the purchase price must be paid within 14 (fourteen) days of receiving the invoice without deduction, unless otherwise agreed. The Seller reserves the right to conduct a credit check when invoice payment is selected and to reject this payment method if the credit check is negative.

3.6 If the Customer selects a payment method offered via the "Shopify Payments" payment service, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, of which the Customer may be separately notified. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

3.7 Credit card payment as a payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the Customer is permitted to use credit card payment after the credit check, payment processing is handled in cooperation with secupay AG, to which the provider assigns their payment claim. secupay AG debits the invoice amount from the Customer's specified credit card account. In case of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the Customer sends their order in the online shop. The provider remains responsible for general customer inquiries, such as regarding goods, delivery time, shipping, returns, complaints, revocation declarations and notices, or credits, even when credit card payment via secupay AG is selected.

3.8 If the Customer selects "PayPal" as the payment method, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Service, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH.. This requires, among other things, that the Customer opens a PayPal account or already has one.

4) Delivery and Shipping Terms

4.1 Goods are regularly delivered by mail to the delivery address specified by the Customer. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. As an exception, if PayPal is selected as the payment method, the delivery address registered with PayPal by the Customer at the time of payment is decisive.

4.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of unsuccessful shipping.

4.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer upon delivery of the goods for shipping or upon handover to the commissioned carrier.

4.4 For self-collection, the Seller first informs the Customer by email that the ordered goods are ready for pickup. After receiving this email, the Customer can pick up the goods by arrangement with the Seller. In this case, no shipping costs are charged.

5) Liability for Defects

Statutory liability for defects applies.

6) Redemption of Promotional Vouchers

6.1 Vouchers issued by the Seller as part of promotional campaigns with a specific validity period free of charge and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

6.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the promotional voucher.

6.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

6.4 Multiple promotional vouchers can be redeemed in one order.

6.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance is not refunded by the Seller.

6.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

6.7 The balance of a promotional voucher is neither paid out in cash nor accrued with interest.

6.8 The promotional voucher is not refunded if the Customer returns the goods paid for wholly or partially with the promotional voucher within their contractual right of withdrawal, if such a right has been agreed.

6.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the substantive eligibility of the respective voucher holder.

7) Redemption of Gift Vouchers

7.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless the voucher states otherwise.

7.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances are credited to the Customer until the expiration date.

7.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

7.4 Multiple gift vouchers can be redeemed in one order.

7.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

7.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

7.7 The balance of a gift voucher is neither paid out in cash nor accrued with interest.

7.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the substantive eligibility of the respective voucher holder.

8) Applicable Law, Jurisdiction

8.1 If the Customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the Customer's place of residence.

8.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of residence or business.

2. General Terms and Conditions with Customer Information for In-Person Courses

General Terms and Conditions

Scope of Application, Definitions
Services of the Organizer
Conclusion of Contract
Right of Withdrawal for Consumers
Prices and Payment Terms
Eligibility to Participate, Contract Transfer
Non-attainment of Minimum Participant Number
Changes or Cancellation of the Event
Contractual Right of Withdrawal (Cancellations)
Contract Duration and Termination
Teaching Materials
Liability
Applicable Law
Jurisdiction
Alternative Dispute Resolution

1) Scope of Application, Definitions

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Kaffeemacher GmbH (hereinafter "Organizer") apply to all contracts for participation in courses/seminars (hereinafter "Event") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Organizer regarding events presented on the Organizer's website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Services of the Organizer

2.1 The Organizer offers both online and in-person events. The content of the event is determined by the respective course description on the Organizer's website.

2.2 For online events, the Organizer provides its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Organizer provides the Customer with suitable application software before the start of a video conference, whereby the Organizer may also use third-party services for this. For error-free participation in the online video conference, the Customer's system must meet certain minimum requirements, which are communicated to the Customer on the Organizer's website. The Customer is responsible for meeting the system requirements. The Organizer is not liable for technical problems that result from inadequate system requirements on the Customer's side.

2.3 For in-person events, the Organizer provides its services exclusively through personal contact with the Customer and in facilities selected by the Organizer for this purpose. Unless the course description on the Organizer's website states otherwise, the Customer has no right to select specific facilities for conducting the desired event.

2.4 The Organizer provides its services through qualified personnel selected by the Organizer. The Organizer may also use the services of third parties (subcontractors) who act on its behalf. Unless the course description on the Organizer's website states otherwise, the Customer has no right to select a specific person to conduct the desired event.

2.5 The Organizer provides its services with the greatest care and to the best of its knowledge and belief. However, the Organizer does not guarantee a specific outcome. In particular, the Organizer does not guarantee that the Customer will achieve a specific learning success or that the Customer will achieve a specific performance goal. This also depends, not least, on the Customer's personal effort and determination, over which the Organizer has no control.

3) Conclusion of Contract

3.1 The events described on the Organizer's website do not constitute binding offers on the part of the Organizer, but rather serve for the Customer to submit a binding offer.

3.2 The Customer can submit their offer via the online registration form provided on the Organizer's website. After entering their data into the registration form, the Customer submits a legally binding contract offer regarding the selected event by clicking the button that completes the registration process.

3.3 The Organizer may accept the Customer's offer within five days,

by sending the Customer a written registration confirmation or a registration confirmation in text form (fax or email), whereby the receipt of the registration confirmation by the Customer is decisive, or
by requesting the Customer to make payment after the Customer has submitted their contract declaration.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the Organizer does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, as a result of which the Customer is no longer bound by their declaration of intent. The same applies if the selected event already begins before the acceptance period expires and the Organizer does not accept the Customer's offer by no later than 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 Upon registration via the Organizer's website, the contract text is stored by the Organizer after the contract is concluded and transmitted to the Customer after sending their registration in text form (e.g., email, fax, or letter). No further provision of the contract text by the Organizer takes place.

3.5 Before submitting the offer binding via the Organizer's online registration form, the Customer can continuously correct their entries using standard keyboard and mouse functions.

3.6 German language is available for the conclusion of contract.

3.7 If the Customer registers additional participants for an event, they undertake to also assume responsibility for the contractual obligations of all participants they have registered, provided they have made a corresponding declaration when registering.

4) Right of Withdrawal for Consumers

A right of withdrawal for consumers does not exist pursuant to § 312g paragraph 2 number 9 BGB for contracts for the provision of services related to leisure activities if the contract specifies a specific date or period for the provision of services.

5) Prices and Payment Terms

5.1 Unless the Organizer's offer states otherwise, the stated prices are total prices that include statutory sales tax.

5.2 Costs for travel, accommodation, and meals for in-person events are not included in the price and must be borne by the Customer, unless the Organizer's course description states otherwise.

5.3 Payment options are communicated to the Customer on the Organizer's website.

5.4 If the Customer selects invoice payment, the purchase price must be paid within 14 (fourteen) days of receiving the invoice without deduction, unless otherwise agreed. The Seller reserves the right to conduct a credit check when invoice payment is selected and to reject this payment method if the credit check is negative.

5.5 If the Customer selects a payment method offered via the "Shopify Payments" payment service, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, of which the Customer may be separately notified. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5.6 Credit card payment as a payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the Customer is permitted to use credit card payment after the credit check, payment processing is handled in cooperation with secupay AG, to which the provider assigns their payment claim. secupay AG debits the invoice amount from the Customer's specified credit card account. In case of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the Customer sends their order in the online shop. The provider remains responsible for general customer inquiries, such as regarding goods, delivery time, shipping, returns, complaints, revocation declarations and notices, or credits, even when credit card payment via secupay AG is selected.

5.7 If the Customer selects "PayPal" as the payment method, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Service, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the Customer opens a PayPal account or already has one.

6) Eligibility to Participate, Contract Transfer

6.1 Only the person named in the registration confirmation is eligible to participate. A transfer of the contract to a third party is only possible with the consent of the Organizer.

6.2 If a third party enters into the contract between the Customer and the Organizer, they and the Customer are jointly and severally liable to the Organizer for the participation fee and any additional costs that may arise as a result of the third party's entry into the contract.

7) Non-attainment of Minimum Participant Number

7.1 The Organizer may set a minimum number of participants for its courses. If a minimum number of participants is set, the Organizer will expressly point this out in the course description.

7.2 If the minimum number of participants is not reached, the Organizer may withdraw from the contract by declaring this to the Customer no later than seven days before the course begins. The Organizer will send the Customer their notice of withdrawal immediately after learning that the required number of participants was not reached, but no later than seven days before the course begins.

7.3 If the Organizer exercises its right of withdrawal pursuant to the preceding paragraph, the Customer may request participation in at least an equivalent alternative event if the Organizer is able to offer such an event from its program without additional cost to the Customer. The Customer must assert their request immediately after receiving the Organizer's declaration to the Organizer.

7.4 If the Customer does not exercise their right pursuant to the preceding paragraph, the Organizer will immediately refund any participation fee already paid by the Customer.

8) Changes or Cancellation of the Event

8.1 The Organizer reserves the right to change the time, location, course instructor, and/or content of the event, provided that the change is reasonable for the Customer considering the interests of the Organizer. Only minor service changes that become necessary after the contract is concluded and have not been caused by the Organizer in breach of good faith are reasonable. The Organizer will inform the Customer in a timely manner of any changes to the time, location, course instructor, and/or content of the event.

8.2 In the event of a significant service change, the Customer may withdraw from the contract free of charge or instead request participation in at least an equivalent alternative event if the Organizer is able to offer such an event from its program without additional cost to the Customer.

8.3 The Customer must assert their rights pursuant to the preceding paragraph immediately to the Organizer after being informed of the service change.

8.4 The Organizer is entitled to cancel the event on short notice for important reasons, such as force majeure or illness of the course instructor, with a full refund of any participation fee already paid. The Organizer will attempt to find an alternative date if the event is cancelled.

9) Contractual Right of Withdrawal (Cancellations)

Regardless of any statutory right of withdrawal that may exist, the Organizer grants the Customer the right to cancel their registration for an Organizer event as follows (contractual right of withdrawal):

9.1 The Customer may cancel their registration up to 14 days before the start of the booked event without providing reasons by making a declaration in text form (e.g., email) to the Organizer. The receipt of the declaration by the Organizer is decisive for meeting the cancellation deadline. If the Customer cancels their registration by the deadline, the Organizer will refund any participation fee already paid within two weeks of receiving their declaration. For this purpose, the Organizer may use the same payment method that the Customer used for payment to the Organizer. In the event of cancellation up to 7 days before the start of the event, 50% of the total course costs must be paid or 50% of the costs will be returned under the above conditions. From 7 days before the start of the event and in case of non-attendance, 100% of the costs are borne by the Customer. Rescheduling of the date is free of charge up to 14 days before the start of the event. After that, the same conditions apply as for a cancellation.

9.2 Any statutory right of withdrawal of the Customer is not restricted by the right of withdrawal regulated above.

10) Contract Duration and Termination

10.1 The right of the Organizer and the Customer to terminate the contract for good cause remains unaffected. Good cause exists if, considering all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiration of a termination period cannot be reasonably expected of the terminating party.

10.2 Terminations must be made in writing or in text form (e.g., by email).

11) Teaching Materials

11.1 The Organizer is the owner of all usage rights necessary to conduct the event. This also applies to teaching materials that may be provided to the Customer in connection with the event.

11.2 The Customer may use the content of the event, including any teaching materials provided, only to the extent required by the contract purpose agreed upon by both parties. Without separate permission from the Organizer, the Customer is in particular not permitted to record the event or parts of it or to reproduce, distribute, or make teaching materials publicly available.

11.3 For online events, course-related teaching materials (e.g., teaching materials) are provided to the Customer exclusively in electronic form via email or for download. Unless otherwise agreed, the Customer has no right to receive teaching materials in physical form.

12) Liability

The Organizer is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

12.1 The Organizer is liable without limitation from any legal ground

for intentional misconduct or gross negligence,
for intentional or negligent violation of life, body, or health,
based on a warranty, to the extent not otherwise regulated,
based on mandatory liability such as under the Product Liability Act.

12.2 If the Organizer negligently breaches an essential contractual obligation, liability is limited to typical, foreseeable damages, unless unlimited liability applies pursuant to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Organizer according to its content to achieve the contract's purpose, whose performance enables the proper performance of the contract at all, and whose compliance the Customer regularly expects.

12.3 The Organizer's liability is excluded in all other respects.

12.4 The foregoing liability provisions also apply to the Organizer's liability for its performance agents and legal representatives.

13) Applicable Law, Jurisdiction