Terms of service

table of contents

1. scope
2. conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to specific customer specifications
9. Redemption of promotional vouchers
10. Redeeming Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Martin Schüßler, trading under "Night Owls Coffee" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer“) enters into with the Seller with regard to the goods presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated.

1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.4 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable 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. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4When selecting a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com https://www.paypal.com/from/ webapps/mpp/ do/Useragreement-full Or-if the customer does not have a PayPal account-subject to the conditions for payments without a PayPal account, available at https://www.paypal.com https://www.paypal.com/from/ webapps/mpp/ do/privacywax-full .. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point at which the customer clicks on the button that completes the ordering process .

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter). The seller does not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account, stating the corresponding login - Data can be retrieved for free.

2.6 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8  Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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.

3) Right of Withdrawal

3.1 Consumers basically have a right of withdrawal.

3.2 More information on the right of cancellation can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or Taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union makes.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select a payment service “PayPal“ The payment method offered is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. B. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or to be paid within the agreed payment intervals. In this case, he can only contact PayPal or pay the payment service provider commissioned by PayPal with a debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. on the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.

4.6 If you select the payment method “SOFORT“ Payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter „SOFORT“). To pay the invoice amount via “SOFORT“ To be able to pay, the customer must have a participation in “SOFORT“ have an activated online banking account, identify yourself accordingly during the payment process and send the payment order to “SOFORT“ confirm. The payment transaction is immediately followed by „SOFORT“ carried out and the customer's bank account is debited. More detailed information on the payment method “IMMEDIATELY” can be found on the Internet athttps://www.klarna.com/right away/Retrieve.

4.7 If you select a payment service via the "Shopify Payments" The payment method offered is processed 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 terms of payment apply, to which the customer may is pointed out separately. Further information on "Shopify Payments" is available on the Internet athttps://www.shopify.com/legal/Terms-payments-deAbrufbar.

4.8 If you select a payment service “Stripe“ The payment method offered is processed 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 Stripe are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special terms of payment apply, to which the customer may is pointed out separately. More information about Stripe is available on the Internet athttps://stripe.com/Of Abrufbar.

4.9When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The Seller also reserves the right to carry out a credit check when selecting the invoice purchase method and to refuse this payment method in the event of a negative credit check.

4.10 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller hands over the item to the freight forwarder, the carrier or the other execution of the shipment has delivered to a specific person or institution. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller hands over the goods to the freight forwarder, the freight carrier or the other person responsible for the execution; person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller provides the customer with this person or institution has not previously named.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and that he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

• per Download
• by E-Mail

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following regulations, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• in the case of new goods, the limitation period for defects is one year from delivery of the goods;
• in the case of used goods, the rights and claims due to defects are excluded;
• the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

7.2 The limitations of liability and shortened deadlines set out above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for a possible existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing legal right of recourse remain unaffected.

7.4 If the customer acts as a merchant i.S.d. § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects in accordance with; § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.5 If the customer acts as a consumer, he is 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 whatsoever on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific specifications of the customer

8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all content such as texts, images or graphics required for processing in the To make the file formats, formatting, image and file sizes available to the seller and to grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.

8.2 The customer shall indemnify the seller against third-party claims that the seller may assert against the latter in connection with a violation of their rights through the contractual use of the customer's content by the seller; call The customer also assumes the necessary costs of legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. The customer is obliged to inform the seller immediately and truthfully in the event of claims by third parties. and to provide fully all information necessary for the examination of the claims and any defense.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminating, insulting, youth-endangering and/or violence-glorifying content.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be used in the online Shop of the seller and can only be redeemed within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

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

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 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 used to settle the difference.

9.8 The credit on a promotional voucher is neither paid out in cash nor does it earn interest.

9.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

9.10 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the business incapacity or the lack of authorization to represent the respective owner.

10) Redeeming Gift Certificates

10.1 Vouchers that can be purchased through the seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the seller's online store, provided that nothing else results from the voucher.

10.2 Gift vouchers and remaining gift voucher balances can be redeemed up to the end of the third year after the year of voucher purchase. Remaining credit will be credited to the customer by the expiry date.

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

10.4 Several gift vouchers can be redeemed for one order.

10.5 Gift cards can only be used to purchase goods and cannot be used to purchase additional gift cards.

10.6 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 used to settle the difference.

10.7 The balance of a gift card is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the business incapacity or the lack of authorization to represent the respective owner.

11) Governing Law

11.1The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11.2Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded .

12) Alternative Dispute Resolution

12.1The EU Commission provides a platform for online dispute resolution on the Internet under the following link:https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.