General Terms and Conditions of Business
General Terms and Conditions of Business
Melitta Single Portions GmbH & Co. Kommanditgesellschaft
Marienstraße 88
32425 Minden, Germany
Director: Holger Feldmann
VAT ID: DE303982374
Registered office: Minden, District Court Bad Oeynhausen HRA 8931
Personally liable partner:
Melitta Single Portions Beteiligungs GmbH
Registered office: Minden, District Court Bad Oeynhausen HRB 14802
– hereinafter referred to as the Provider –
1. Scope of validity
(1) The services of the Provider, which he offers through his Online-Shops and his other sales channels, are exclusively provided on the basis of the following General Terms and Conditions of Business (GT&C) in the version applicable at the time of the order.
(2) Only natural and legal persons of legal age and with full legal capacity are entitled to place an order.
(3) The present General Terms and Conditions of Business apply exclusively. Any General Terms and Conditions of Business of the customer which are deviate from these General Terms and Conditions of Business do not apply unless they are expressly agreed to by the Provider.
2. Conclusion of agreement
(1) The Provider’s offers are non-binding and intended to invite customers to order goods, vouchers, or other services. By sending an order (clicking on the “Buy now” button) the customer makes a binding offer to enter into a purchase agreement with the Provider. The receipt of the order is confirmed directly after it is sent and is, as a rule, not to be understood as an acceptance of the agreement. The Provider may accept the offer to enter into an agreement within 3 (three) working days either by sending an order confirmation in written form (signed document) or text form (e.g. email), in which case the date when the customer receives the order confirmation will be deemed to be the date of acceptance, or by delivering the ordered goods, in which case the date of arrival of the goods at the customer will be deemed to be the date of acceptance, or by requesting the customer to pay for the goods after the order has been placed (e.g. via PayPal). If more than one of the aforementioned alternative options apply, the agreement is deemed to have been concluded on the date of whichever option occurred first. If the Provider fails to declare his acceptance within the aforementioned period, this failure will be deemed a rejection of the offer, in which case the customer’s declaration of intent will no longer be binding. Before placing a binding order by using the Provider’s online order form, customers may continually correct their entries by using the common keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding order is placed; this will allow the customer to make further corrections using the common keyboard and mouse functions.
(2) After making an offer through the Provider’s online shop, the customer will be sent the agreement text along with the present GT&C in text form (e.g. via email, fax, or letter). The agreement text will not be stored in the Provider’s systems.
(3) Either German or English may be chosen as the contract language.
3. Payment, default
(1) The prices published on the product sites at the time when the order is placed apply. All prices are inclusive of the statutory value-added tax and exclusive of the shipping costs stated in each case.
(2) The customer may use the payment methods displayed and offered in the online shop at the time of the order. The applicable payment terms, due dates and any restrictions relating to individual payment methods will be communicated to the customer during the order process. The Provider reserves the right to offer or exclude individual payment methods only for certain orders, credit ratings, delivery addresses, order volumes or customer groups. Where payment is processed via external payment service providers, their terms and conditions shall apply in addition.
(3) If the Provider has no evidence of having received the payment within 28 days after a receivable has fallen due, the Provider will pass the unpaid receivable on to a collection agency.
4. Retention of title
The Provider retains title to the goods supplied until such time as full payment of the purchase price owed by the customer has been received.
5. Delivery
(1) The delivery times and the regions supplied are set out in the relevant offer. Collection in person is excluded. Any delivery times that differ from those stated in the offer shall be specifically pointed out by the Provider before the agreement is concluded. The start of the delivery time stated by the Provider is subject to the customers’ timely and proper fulfilment of their obligations, in particular their provision of a correct delivery address when placing an order.
(2) If the Provider is unable to deliver the goods ordered, through no fault of his own, because the Provider’s supplier fails to meet his contractual obligations, then the Provider shall notify the customer without delay of the fact that the ordered goods are not available. Either party will have the right to revoke the agreement if this is the case. Any consideration already received from the other party shall be refunded without delay. The customer’s statutory rights remain unaffected.
6. Default of acceptance
If the customer is in default of acceptance or culpably breaches any other obligations to co-operate, the Provider will be entitled to request compensation for the damage incurred by him as a result, including any additional costs. The Provider reserves the right to assert any further claims. This will not apply if the customer exercises his right to withdraw, if he is not to be held responsible for the circumstances that led to the failed delivery, or if he was temporarily unable to accept the service offered, unless the Provider gave the customer sufficient advance notice of the service.
7. Exclusion of commercial reselling
The customer is not entitled to resell the goods acquired from the Provider for commercial gain. The right to resell the acquired goods privately remains unaffected thereby.
8. Customer credit account
Should the Provider refund any money to the customer's account as a gesture of goodwill, the customer may use those amounts added to his credit account to purchase items in the Online-Shop where the customer has his account and through the Provider’s other sales channels. The payout of any credit balance held in the customer’s account is excluded.
9. Warranty
If the purchased item(s) is/are faulty, the provisions of statutory liability for defects will apply.
10. Special provisions on subscriber agreements
(1) The subject of subscription orders is the regular delivery of goods over a defined period of time. Customers select a subscription period for the delivery of their subscription in their customer account and confirm their choice by clicking the order button. In all other respects, the agreement is concluded in the same way as described in section 2 of these GT&C. Alternatively, the subscription may be taken out as part of the purchase of other goods, in which case the agreement will also be concluded in the same way as described in section 2 of these GT&C.
(2) The subscription may be cancelled at any time via the customer account without giving reasons or observing any period of notice.
11. Special provisions on gift cards
(1) The provider offers the online purchase of gift cards. Here, the customer selects the desired voucher and places it in the shopping cart. The process for ordering gift cards is the same as described in section 2 of these GT&C.
(2) Gift cards purchased for postal delivery will be sent to the customer by post within 2 working days. Gift cards purchased for electronic delivery will be sent to the customer by email directly after conclusion of the agreement.
(3) Customers can redeem gift cards when they purchase goods or other services from the Provider. After redeeming the gift card, any remaining credit will be reserved for future purchases. A maximum of one gift card may be redeemed with each order. The remaining credit balance of a gift card can be viewed in the customer’s account.
(4) Gift cards are non-transferable. Gift cards cannot be redeemed at third-party providers. Any payout of the gift card credit balance is excluded; the right of withdrawal and any other mandatory consumer protection rights remain unaffected thereby.
(5) The gift card amount redeemed by the customer will be deducted from the total price of the product purchased. The total price payable for products purchased with a gift card consists of the price of the product including value-added tax plus any shipping costs incurred, where applicable. If the total price exceeds the credit amount of the gift card, the remaining amount must be paid by another accepted method of payment (see section 3 (2) of these GT&C).
(6) Customers who return a product that they purchased with a gift card will be issued with a new gift card as reimbursement of the amount due to them. This will be sent to the customer as a new electronic gift card (to be printed) to the email address provided. Customers who return a product that they originally purchased using several payment methods will be reimbursed proportionally by each of the payment methods used for the original purchase (e.g. credit card or PayPal account) and be issued with a new electronic gift card for the amount originally paid by gift card.
(7) Unless expressly stated otherwise, gift cards purchased from the Provider have no expiry date.
12. Limitation of liability
(1) The Provider shall be liable to the customer as set out in the subsections below for all contractual, quasi-contractual and statutory claims as well as claims in tort for damages or reimbursement of expenses.
(2) The Provider shall have unlimited liability on any legal grounds in the event of a wilful or grossly negligent act or omission, in the event of wilful or negligent injury to life, body or health, on the basis of a warranty given, unless other agreements have been made in this regard, or on the basis of mandatory liability, such as under the Product Liability Act.
(3) If the Provider negligently breaches a fundamental contractual obligation, liability will be limited to the foreseeable losses typical of the agreement, unless the Provider’s liability is unlimited as set out in the foregoing subsection. Fundamental contractual obligations are obligations that the agreement, depending on its contents, imposes on the Provider in order to achieve the agreement’s purpose, the performance of which actually enables the proper implementation of the agreement and the observance of which the customer is entitled to expect.
(4) Any other liability of the Provider is excluded.
(5) The above provisions regarding liability apply also with regard to the Provider’s liability for his vicarious agents and statutory representatives.
13. Final provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not deprive consumers of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
(2) The Provider shall be entitled to amend these GT&C with effect for the future where there is an objective reason for doing so, in particular in the event of changes in legislation, case law, market conditions, technical framework conditions or business processes, and provided that the customer is not unreasonably disadvantaged as a result.
(3) Amendments to these GT&C shall be communicated to the customer in text form in due time before their proposed entry into force. Where the amendment affects an existing continuing obligation, in particular a subscription or an ongoing customer account relationship, the notice period shall be at least 6 (six) weeks.
(4) If the customer does not object to the amendment in text form before the proposed date of entry into force, the amendments shall be deemed accepted, provided that the Provider has specifically informed the customer in the amendment notice of:
- the intended amendments,
- the date on which they are to enter into force,
- the period for objection,
- the text form requirement for objection, and
- the consequences of failing to object.
(5) If the customer objects to the amendment in due time, the agreement shall continue under the previous conditions. The right of either party to terminate the agreement ordinarily or extraordinarily in accordance with the contractual or statutory provisions shall remain unaffected.
(6) Irrespective of the above provisions, amendments to these GT&C shall apply to individual new orders placed by the customer if the version of the GT&C valid at the time of the respective order is effectively incorporated into the agreement during the order process.
(7) Should any provision of this agreement be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
As of: June 2026