Terms and Conditions

§ 1 General

a) Scope of Application
These terms and conditions apply to all business relationships conducted via the website www.caffesantangelo.de between Angelo Mastroianni – Hohenstaufenstraße 8, 10781 Berlin, represented by the partners Mr. A. Mastroianni, and the customers, in the version valid at the time of the conclusion of the contract. Conflicting terms and conditions of the customer are hereby expressly rejected.

b) Contract Agreement
The contract language is German.

c) Conclusion of the Contract
The presentation of the assortment in the online shop of Caffesantangelo – A. Mastroianni is non-binding and subject to change. The ordering process on this website consists of four steps. In the first step, the customer selects the desired goods. In the second step, they enter their data, including billing address and, if applicable, a different shipping address, unless already stored in their customer account. In the third step, they select the payment method. In the fourth step, the customer can review all details (e.g., name, address, payment method, ordered items) and correct input errors if necessary before confirming their order by clicking the “order with obligation to pay” button. By placing the order, the customer makes a binding contractual offer. Caffesantangelo – A. Mastroianni will promptly confirm receipt of the order. This acknowledgment of receipt does not constitute a binding acceptance of the order. Caffesantangelo – A. Mastroianni is entitled to accept the contractual offer contained in the order within two days of receipt of the order by email, fax, telephone, postal mail, or by sending the goods. Upon acceptance, a contract is concluded between Caffesantangelo – A. Mastroianni and the customer.

d) Storage of the Contract Text
The contract text is stored by Caffesantangelo – A. Mastroianni and sent to the customer in text form (e.g., email, fax, or postal mail) along with the terms and conditions and customer information after the customer has submitted their order. However, the contract text can no longer be retrieved via the seller’s website after the order has been submitted. The customer can print the relevant website with the contract text using the browser’s print function.

§ 2 Delivery

a) Partial Deliveries
Caffesantangelo – A. Mastroianni is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries, however, the customer will not incur additional shipping costs.

b) Delivery and Performance Delays
Delivery and performance delays due to force majeure or extraordinary and unforeseeable events, which cannot be prevented even with utmost diligence by Caffesantangelo – A. Mastroianni (including but not limited to strikes, governmental or judicial orders, and cases of improper or inadequate self-delivery despite a covering transaction), are not the responsibility of Caffesantangelo – A. Mastroianni. Such events entitle Caffesantangelo – A. Mastroianni to postpone delivery for the duration of the obstructive event.

c) Withdrawal
In the case of unavailability for the aforementioned reasons, Caffesantangelo – A. Mastroianni may withdraw from the contract. Caffesantangelo – A. Mastroianni commits to informing the customer immediately about the unavailability and refunding any services already provided without delay.

d) Exclusion of Delivery
Deliveries to P.O. boxes are not made.

e) Acceptance Default
If the customer defaults on the acceptance of the ordered goods, Caffesantangelo – A. Mastroianni is entitled to withdraw from the contract and claim damages for default or non-performance after setting a reasonable grace period. During the default, the customer bears the risk of accidental loss or accidental deterioration of the goods.

f) Delivery Time
Unless explicitly agreed otherwise, delivery by Caffesantangelo – A. Mastroianni occurs within five days. The delivery period begins on the day after the payment order is issued to the transferring credit institution in the case of prepayment or the day after the conclusion of the contract in the case of cash on delivery or invoice purchase. The period ends on the fifth day following. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized at the place of delivery, the period ends on the next business day.

§ 3 Payment

a) Prices and Shipping Costs
All prices include VAT. Additionally, the costs for packaging and shipping, if not collected by the customer at the business premises of Caffesantangelo – A. Mastroianni in Berlin, will be indicated separately.

b) Right of Retention
The customer may assert a right of retention only for counterclaims that are due and based on the same legal relationship as the customer’s obligation.

§ 4 Right of Withdrawal for Consumers in Distance Contracts

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must inform us (Caffesantangelo – A. Mastroianni, Hohenstaufenstraße 8, 10781 Berlin, Phone: +49 (0) 30 70 60 04 56, Email: kontakt@caffesantangelo.de) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day we received your withdrawal notification. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier.

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

You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for which an individual choice or decision by the consumer is decisive or which are clearly tailored to the consumer’s personal needs. Likewise, the right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.

For more exclusions and details, please consult the full terms.

§ 5 Retention of Ownership
The delivered goods remain the property of Caffesantangelo – A. Mastroianni until full payment of the purchase price.

§ 6 Warranty
Statutory warranty rights apply. Additional guarantees may apply where indicated for specific products.

§ 7 Liability
Liability is limited to intent and gross negligence, except for breaches of essential contractual obligations.

§ 8 Final Provisions
The place of jurisdiction is Berlin, and German law applies, excluding the UN Sales Convention.