Terms of service

General Terms and Conditions (GTC)

Last updated: 2 August 2026

1. Scope and contracting party

1.1 These General Terms and Conditions apply to all orders placed by consumers or businesses through the MAMAS KAFFEE online shop at https://mamaskaffee.com.

1.2 The customer’s contracting party is:

Mamas Süßigkeiten | Anton Pyneshchenko
Georg-Schumann-Straße 100
04155 Leipzig
Germany

Telephone: +49 152 37808213
Email: info@mamaskaffee.com

1.3 A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.4 A business within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.

1.5 In relation to businesses, these GTC also apply to future business relationships without our having to refer to them again in each individual case. Deviating terms of the business customer apply only if we have expressly agreed to their application in text form.

2. Online shop and Shopify

2.1 Our online shop is technically provided through the Shopify platform.

2.2 Purchase contracts are concluded exclusively between the customer and Mamas Süßigkeiten | Anton Pyneshchenko. Shopify is neither the seller nor a party to the purchase contract.

2.3 Our Privacy Policy separately explains the processing of personal data. The mere use of or visit to our website does not constitute consent under data protection law.

3. Offer and conclusion of the contract

3.1 The presentation of products in the online shop does not constitute a legally binding offer. It is a non-binding invitation to place an order.

3.2 The customer can place products in the shopping cart and review and correct the information entered at any time before submitting the order. The correction options provided during the ordering process and the usual browser functions may be used for this purpose.

3.3 By clicking the final order button, the customer submits a binding offer to purchase the goods contained in the shopping cart.

3.4 After the order has been received, the customer will receive an automatic acknowledgement by email. Unless expressly stated otherwise, this email initially confirms only receipt of the order and does not constitute acceptance of the customer’s offer.

3.5 The purchase contract is concluded when we:

  • expressly accept the order in text form;

  • send a shipping confirmation;

  • or dispatch the goods to the customer,

whichever occurs first.

3.6 Where a payment method is used under which the payment process is initiated immediately after the order is submitted, the contract may be concluded upon completion or confirmation of the payment process if this is indicated accordingly during checkout.

3.7 We may reject an order for objectively justified reasons, in particular in the event of:

  • unavailability of the goods;

  • an obviously incorrect price;

  • a justified suspicion of fraud or misuse;

  • a failed identity, creditworthiness or payment check;

  • a delivery address outside the available delivery area;

  • unusual order quantities indicating undisclosed commercial resale.

Any payments already made will be reimbursed without undue delay.

4. Contract languages and storage of the contract text

4.1 Depending on the language versions available in the online shop, contracts may be concluded in German, English, Ukrainian or Russian.

4.2 In the event of contradictions or differences in interpretation between the language versions, the German version shall prevail, provided this does not restrict any mandatory statutory rights of the customer.

4.3 We store order information in accordance with applicable statutory and operational retention periods. The order information and these GTC are made available to the customer during the ordering process or sent or linked by email.

4.4 Customers with a customer account may view their order information in their account where this function is technically available.

4.5 The customer may save or print these GTC before submitting the order.

5. Products and product presentation

5.1 We endeavour to present all products, images, colours, packaging, characteristics and descriptions as accurately as possible.

5.2 Variations in colour or presentation may occur due to differences between screens, devices and settings.

5.3 Coffee and other natural products may have minor variations, particularly in colour, shape, size, flavour, aroma and appearance. Such natural and customary variations do not constitute a defect, provided they do not impair the agreed characteristics or normal usability of the product.

5.4 Manufacturers may change packaging, labels or designs. Different packaging does not constitute a defect if the supplied product corresponds to the ordered product in terms of type, quantity, quality and essential characteristics.

5.5 Product descriptions, prices and availability may be changed for future orders. Changes do not affect contracts already concluded.

5.6 We may limit purchase quantities for objectively justified reasons, particularly in the case of limited availability, special offers or suspected abusive resale. Contracts already concluded remain unaffected.

6. Prices and shipping costs

6.1 All prices displayed to consumers in the online shop are total prices in euros and include statutory VAT unless expressly stated otherwise.

6.2 Depending on the relevant presentation, net prices may additionally be displayed to business customers. The final price displayed during checkout is decisive.

6.3 Shipping costs may be charged in addition to the product price. The available shipping methods and shipping costs are shown to the customer before the binding order is submitted.

6.4 Deliveries within the European Union are generally not subject to additional import customs duties.

6.5 Deliveries to countries outside the European Union may be subject to additional customs duties, import taxes, fees or other charges. These charges are not levied by us, are not included in the purchase price and must be paid by the customer directly to the competent authorities or service providers.

6.6 For the tax treatment of a cross-border B2B delivery, the business customer must provide a valid VAT identification number and any necessary evidence correctly and in good time.

7. Payment

7.1 The payment methods available in the online shop are displayed during checkout. Depending on availability, these may include Shopify Payments, credit card, PayPal, Klarna, Apple Pay, Google Pay or other payment methods offered.

7.2 Unless otherwise stated for the relevant payment method, the purchase price is due immediately upon conclusion of the contract.

7.3 Payment may be processed by the payment service provider selected by the customer. The contractual and privacy terms of the respective provider may additionally apply.

7.4 In the case of advance payment, the delivery period generally begins on the day after receipt of the full invoice amount unless otherwise stated in the offer.

7.5 If the customer defaults on payment, the statutory provisions apply. In particular, we may charge statutory default interest and any necessary reminder costs.

7.6 The customer may offset claims only against counterclaims that are undisputed, recognised by us or legally established. This restriction does not apply to consumer claims that are legally connected to the principal claim or to mandatory statutory rights.

7.7 The customer may exercise a right of retention only where it is based on claims arising from the same contractual relationship. Mandatory statutory consumer rights remain unaffected.

8. Vouchers, discounts and promotional codes

8.1 Vouchers, discount codes and promotions apply only under the stated conditions and within the specified period.

8.2 Unless otherwise stated:

  • only one discount code may be used per order;

  • discount codes cannot be combined with other promotions;

  • no cash payment is available;

  • discounts do not apply retrospectively to orders already completed;

  • a minimum order value or restriction to particular products may apply.

8.3 If a product purchased at a discount is returned, no more than the amount actually paid will be reimbursed.

8.4 If a partial return causes the minimum order value required for a discount to be undercut, the discount may be recalculated where this was transparently stated in the promotional conditions.

8.5 Vouchers and discount codes used abusively, without authorisation or as a result of a technical error may be rejected or cancelled. The customer’s statutory rights remain unaffected.

9. Delivery and delivery area

9.1 We deliver to the countries and regions that can be selected during checkout.

9.2 The delivery time stated for a product or shipping method applies unless otherwise stated in the relevant offer.

9.3 If no delivery time is specified for a consumer order, delivery will take place no later than 30 days after conclusion of the contract.

9.4 For advance payments, the delivery period begins after receipt of the full payment. For other payment methods, it generally begins upon conclusion of the contract.

9.5 If the final day of a delivery period falls on a Saturday, Sunday or public holiday officially recognised at the place of delivery, the period ends on the next working day.

9.6 If an order contains several products with different delivery times, we will generally dispatch the products together after the longest stated delivery period unless partial delivery has been agreed.

9.7 Partial deliveries are permitted where they are reasonable for the customer. Consumers will not incur additional shipping costs as a result.

10. Delivery obstacles and unavailability

10.1 In the event of temporary obstacles to performance for which we are not responsible despite exercising reasonable care, agreed delivery periods will be extended by a reasonable period. Such events may include natural events, official measures, lawful industrial disputes, war, civil unrest, epidemics, significant transport disruptions or unforeseeable failures of essential supply chains.

10.2 We will inform the customer without undue delay of any significant delay. The customer’s statutory rights in the event of delayed delivery remain unaffected.

10.3 If an ordered product is permanently unavailable because, through no fault of our own, our supplier fails to supply us despite a timely and quantitatively sufficient corresponding procurement agreement, we may withdraw from the contract.

10.4 In this event, we will inform the customer without undue delay and reimburse any payments already made without unnecessary delay.

10.5 We do not have a right of withdrawal if we are responsible for the unavailability.

11. Shipping and transfer of risk

11.1 For consumers, the risk of accidental loss or accidental deterioration of the goods generally passes only when the goods are handed over to the consumer or to a third party authorised by the consumer to receive them.

11.2 This does not apply where the consumer independently appoints a delivery provider that we had not previously named.

11.3 For business customers, the risk passes when the goods are handed over to the forwarding agent, carrier or other service provider appointed to perform the shipment.

11.4 A delay caused by a delivery provider does not release us from mandatory statutory obligations towards consumers. Statutory rights relating to loss, damage or late delivery remain unaffected.

12. Retention of title

12.1 The delivered goods remain our property until the purchase price has been paid in full.

12.2 In relation to business customers, we retain ownership of the delivered goods until all due claims arising from the ongoing business relationship have been paid in full.

12.3 The business customer must handle goods subject to retention of title with due care and inform us immediately of any seizure, damage, loss or third-party access.

13. Cancellation and right of withdrawal

13.1 As long as an order has not yet been fulfilled or dispatched, it may be cancelled using the cancellation function provided in the online shop.

13.2 If automatic cancellation is no longer available, the customer may contact us immediately at info@mamaskaffee.com. We will endeavour to stop the order if it has not yet been dispatched.

13.3 This voluntary cancellation option does not restrict the consumer’s statutory right of withdrawal.

13.4 Consumers generally have a statutory right of withdrawal. Details are provided in our separate instructions on withdrawal:

https://mamaskaffee.com/policies/refund-policy

13.5 Businesses within the meaning of Section 14 BGB do not have a statutory right of withdrawal.

14. Inspection of delivery and transport damage

14.1 Consumers are requested to inspect the delivery after receipt for completeness, obvious defects and transport damage and to notify us of any damage as soon as reasonably possible.

14.2 Failure by a consumer to provide such notification does not result in the loss of statutory warranty rights.

14.3 Business customers must comply with any applicable statutory duties to inspect and give notice of defects, in particular under Section 377 of the German Commercial Code (HGB).

14.4 In the event of externally visible transport damage, customers are advised, where possible, to have the damage documented by the delivery provider and to photograph the packaging and goods. This is not a prerequisite for the consumer’s statutory claims.

15. Statutory liability for defects and warranty rights

15.1 Consumers are entitled to the statutory rights relating to defective goods.

15.2 Where goods are defective, the consumer may, subject to the statutory requirements, request subsequent performance by repair or replacement. Further rights, including a price reduction, withdrawal from the contract or compensation, are governed by statutory law.

15.3 Guarantees apply only where they are expressly described as guarantees and the relevant guarantee conditions have been made available to the customer. A guarantee does not restrict statutory rights relating to defects.

15.4 For business customers, the limitation period for claims relating to defects in new goods is generally one year from delivery.

15.5 The limitation under Section 15.4 does not apply:

  • in cases of intent or gross negligence;

  • in the event of injury to life, body or health;

  • where a defect was fraudulently concealed;

  • where a guarantee of quality or durability was given;

  • to claims under the German Product Liability Act;

  • to mandatory statutory recourse claims;

  • in other cases of mandatory statutory liability.

15.6 In relation to business customers, only the product description or an expressly concluded individual agreement generally constitutes the agreed characteristics of the goods. Public statements, advertising or statements made by third parties constitute an agreement on characteristics only if we expressly confirmed them or if mandatory law requires them to be taken into account.

15.7 Wear parts that deteriorate through their intended use do not give rise to claims for defects solely due to normal wear and tear. Statutory rights relating to defects already present when the risk passed remain unaffected.

16. Special information concerning coffee machines, coffee grinders and equipment

16.1 The customer must observe the supplied operating, installation, cleaning and maintenance instructions.

16.2 Damage occurring after the transfer of risk, particularly due to improper installation, unsuitable electricity or water connections, limescale, insufficient cleaning, failure to maintain the equipment, unsuitable operating materials, the use of force or unauthorised repairs, does not generally constitute a material defect for which we are responsible.

16.3 This does not apply where the damage results from a defective condition already present when the risk passed, incorrect instructions or another circumstance for which we are responsible.

16.4 A manufacturer’s guarantee applies only in accordance with the relevant manufacturer’s guarantee conditions. The customer’s statutory claims against us as the seller remain unaffected.

16.5 For equipment intended for commercial use, installation, commissioning, instruction, maintenance and repairs may constitute separate services unless they are expressly included in the purchase price.

17. Liability

17.1 We have unlimited liability:

  • in cases of intent and gross negligence;

  • for damage resulting from injury to life, body or health;

  • where a defect was fraudulently concealed;

  • where an express guarantee was given;

  • under the German Product Liability Act;

  • and in other cases of mandatory statutory liability.

17.2 In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable loss typical of the contract.

17.3 Material contractual obligations are obligations whose performance is essential for the proper performance of the contract and on whose fulfilment the contracting party may regularly rely.

17.4 Liability for a slightly negligent breach of non-material contractual obligations is excluded to the extent permitted by law.

17.5 The above liability provisions also apply in favour of our legal representatives, employees and agents.

17.6 Consumers’ statutory rights, particularly in relation to defects, delayed delivery and withdrawal, remain unaffected.

18. Content, intellectual property and rights of use

18.1 The contents of our online shop, including texts, images, graphics, logos, product presentations, videos, designs and other content, are protected by copyright, trademark rights or other applicable law.

18.2 Reproduction, distribution, public communication, modification or commercial use is not permitted without our prior consent unless permitted by law.

18.3 Product and brand names may be protected trademarks of their respective owners.

19. Reviews, comments and other customer content

19.1 Customers may submit reviews, comments, images or other content where the relevant function is available.

19.2 The customer confirms that:

  • the content is truthful;

  • the customer possesses the required rights;

  • the content does not infringe third-party rights;

  • the content is not unlawful, offensive, discriminatory, misleading or promotional;

  • the content does not disclose personal data of third parties without authorisation.

19.3 By submitting content intended for publication, the customer grants us a non-exclusive, royalty-free, worldwide right of use for the duration of the applicable statutory protection period to store, reproduce, make publicly accessible and technically edit the content in connection with our online shop, our products and their promotion.

19.4 We will not change the meaning of a review. Technical adjustments, resizing, formatting, translations and corrections of obvious spelling mistakes are permitted, provided the meaning is not altered.

19.5 Images or videos in which people are identifiable will be used for additional advertising only where the required consent or another legal basis exists.

19.6 We may remove or decline to publish content where there are specific grounds to suspect a legal violation, misuse or breach of these terms.

20. Optional tools and external links

20.1 Our online shop may contain functions, content or tools provided by third parties.

20.2 The relevant third-party terms may additionally apply where the customer consciously selects or uses such a service.

20.3 External links lead to websites over whose content we do not have full control. The respective provider is generally responsible for third-party content.

20.4 Our statutory liability for selecting and technically integrating third-party services and for our own breaches of duty remains unaffected.

21. Permitted use of the online shop

21.1 The online shop must not be used unlawfully or abusively.

21.2 In particular, it is prohibited to:

  • violate applicable law;

  • infringe the rights of third parties or our rights;

  • transmit false or misleading information;

  • distribute malware, spam or harmful content;

  • collect other users’ personal data without authorisation;

  • circumvent security or access restrictions;

  • interfere with the operation of the online shop;

  • automatically extract or reuse content without authorisation.

21.3 Automated access permitted by law, particularly by search engines or authorised services, remains permissible provided technical protection measures and applicable law are respected.

21.4 Where there is a specific suspicion of misuse or a legal violation, we may restrict access to the extent necessary and proportionate. Purchase contracts already concluded and mandatory statutory rights remain unaffected.

22. Indemnification

22.1 If a customer culpably infringes third-party rights or uses our services unlawfully, the customer shall indemnify us against justified third-party claims to the extent permitted by law.

22.2 The indemnity covers only necessary and reasonable legal defence costs.

22.3 This does not apply where the customer is not responsible for the infringement. This provision does not unreasonably restrict consumers’ statutory rights.

23. Assignment

23.1 The customer may assign monetary claims against us.

23.2 The assignment of other claims requires our consent where we have a legitimate interest in excluding the assignment and the customer’s legitimate interest in the assignment does not outweigh our interest.

23.3 Statutory rights of assignment remain unaffected.

24. Consumer dispute resolution

24.1 We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration body.

24.2 If a dispute concerning a consumer contract cannot be resolved, we will inform the consumer in text form, in accordance with the statutory requirements, of the competent consumer arbitration body and whether we are willing or obliged to participate.

25. Applicable law and place of jurisdiction

25.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

25.2 In relation to consumers, this choice of law applies only insofar as it does not restrict mandatory consumer-protection provisions of the country in which the consumer has their habitual residence.

25.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, Leipzig is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

25.4 The same applies to businesses that do not have a general place of jurisdiction in Germany, unless mandatory statutory places of jurisdiction provide otherwise.

26. Amendments to these GTC

26.1 The version of these GTC available when the order is submitted applies to that order.

26.2 Amendments apply only to future orders and do not alter contracts already concluded unless expressly and validly agreed otherwise.

27. Final provisions

27.1 Individual agreements between us and the customer take precedence over these GTC.

27.2 If individual provisions of these GTC are or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

27.3 Statutory provisions apply in place of an invalid provision. An invalid provision is not automatically replaced by a term that comes as close as possible to its intended economic purpose.

28. Contact

Questions concerning these General Terms and Conditions may be sent to:

Mamas Süßigkeiten | Anton Pyneshchenko
Georg-Schumann-Straße 100
04155 Leipzig
Germany

Telephone: +49 152 37808213
Email: info@mamaskaffee.com