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 www.avoury.com (hereinafter referred to as the “Avoury Website”) 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 through the Avoury Website

(1) The Provider’s offers on the Avoury Website 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) on the Avoury Website 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 Avoury Website 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 purchase price may be paid either on account or by credit card or SEPA Direct Debit or by using the PayPal service. If the payment type “purchase on account” is chosen, the purchase price will be due after the goods have been delivered and the invoice has been issued. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice, without deductions, unless agreed otherwise. The Provider reserves the right to offer the payment type “purchase on account” only up to a certain order volume and to reject this type of payment if the specified order volume is exceeded. If this is the case, the Provider shall make the customer aware of such a payment restriction before the agreement is concluded. In the event of a purchase on account, the Provider also reserves the right to check the creditworthiness of the customer. If the payment type “SEPA Direct Debit” is chosen, the invoice amount will be due for payment after the SEPA Direct Debit Mandate has been issued, but not before expiry of the pre-notification period. The direct debit will take place when the ordered goods leave the Provider’s warehouse, but not before expiry of the pre-notification period. A “pre-notification” is any message (e.g. invoice, policy document, agreement) from the Provider to the customer which informs the customer of the upcoming debit via SEPA Direct Debit. If the direct debit fails due to lack of funds in the account or because of an error in the account details provided or if the customer objects to the debit despite not being entitled to do so, then the customer must bear any charges arising from the reversal of the debit by the bank, provided the customer is to blame. If the payment type “PayPal” is chosen, the payment will be made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg, and will be subject to PayPal’s User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. All payment types described in this subsection, including PayPal, will be processed via the payment service provider Heidelpay GmbH (Vangerowstraße 18, 69115 Heidelberg, Germany).

(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. Consumer’s right to withdraw

Consumers have a general right to withdraw from an agreement. For further details on this right of withdrawal please see the Provider’s withdrawal instructions.

5. 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.

6. Delivery

(1) The Provider will only deliver to addresses within Germany; collection in person is not possible. The delivery times are set out in the relevant offer. 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.

7. 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.

8. 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.

9. 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 on the Avoury Website and through the Provider’s other sales channels. The payout of any credit balance held in the customer’s account is excluded.

10. Warranty

If the purchased item(s) is/are faulty, the provisions of statutory liability for defects will apply.

11. 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 Avoury 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 Avoury customer account without giving reasons or observing any period of notice.

12. Special provisions on gift cards

(1) Gift cards may be purchased online on the Avoury Website or through other sales channels of the Provider. When purchasing a gift card through the Avoury Website, the customer selects the required gift card 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 7 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 on the Avoury Website.

(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.

13. 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.

14. Data Protection

The Provider shall treat any personal data of the customer as confidential and in accordance with the statutory data privacy rules. The data shall not be disclosed to third parties without the customer’s explicit consent or only to the extent required in order to perform the agreement, as for example to the companies entrusted with the delivery of the goods or to the Provider’s payment service provider. For more details please consult the Provider’s Privacy Policy.

15. Final provisions

(1) The applicable law is the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, unless this choice of applicable law results in a consumer no longer being covered by mandatory consumer protection standards.

(2) The Provider is entitled to amend these GT&C for objectively justified reasons (e.g. changes to case law, legislation, the market situation or corporate strategy). If the amendment affects existing subscription agreements, the existing subscribers shall be notified by email of the amendments no later than two weeks before they come into effect. If no objection to the amendment notification is raised within the set period of time, the existing subscriber will be deemed to have accepted the amendment. If the subscriber objects to the amendment, the Provider will be entitled to prematurely terminate the subscription agreements affected by the GT&C amendment from its effective date. In his notification on the planned amendment of these GT&C, the Provider shall refer to the objection period and to the consequences of objecting or failing to object.

(3) If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement will not be affected thereby.

16. Information on online dispute resolution / consumer conciliation

The EU Commission offers a platform for online dispute resolution, which is available on the internet at: https://ec.europa.eu/consumers/odr

This platform is used as a point of contact for the out-of-court settlement of disputes arising from online purchase or service agreements where a consumer is involved. The Provider is neither willing nor obliged to take part in a consumer dispute resolution process under the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz).

As of: December 2019