General Terms and Conditions

1. Scope of application

1.1 Our customers have the option to order exclusively the available tea varieties offered in the store on the website https://www.milford.de of the company Ostfriesische Tee Gesellschaft GmbH & Co. KG, Bosteler Feld 6, 21218 Seevetal, Germany (hereinafter referred to as “the goods”) directly on its website. Delivery is effected exclusively within Germany.

1.2 These General Terms and Conditions (hereinafter referred to as “GTCs” of Ostfriesische Tee Gesellschaft GmbH & Co. KG, Bosteler Feld 6, 21218 Seevetal, Germany (hereinafter referred to as “OTG” or “we”) apply to all contracts entered into by a consumer or entrepreneur (hereinafter referred to as “you” or “the Customer” with OTG concerning the goods offered by OTG for ordering in the store on the website https://www.milford.de. The inclusion of the customer’s own terms and conditions is hereby objected to, except as otherwise agreed.

1.3 For the purposes of these GTCs, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial in nature nor in connection with self-employment. An entrepreneur as contemplated by these GTCs is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts within the scope of its commercial or independent professional activity.

2. Contractual conclusion

2.1 The order of the goods shall be placed exclusively via our website at https://www.milford.de.

2.2 To order one of the Milford products, please select the desired product and place it in the shopping cart. You have the option to make further purchases or complete your purchase. Next, please enter the data of the invoice recipient. If the invoice recipient is not simultaneously the recipient of the goods, the delivery address must subsequently be entered. Please note that delivery is effected exclusively within Germany. Then enter the data required for payment purposes. In the shopping cart, you can correct input errors and make changes at any time until you click the button “Order subject to payment”. After confirming that you have read and accepted our GTCs and Notice regarding revocation, you undertake to submit your purchase offer to us by clicking “Order subject to payment” after reading an overview of your order. You will then receive an order confirmation by e-mail, in which all information about your order is listed once again. We undertake to store the order confirmation for as long as we need it to process your order.

2.3 The contract is entered into exclusively in German.

3. Right of revocation

3.1 Consumers are generally entitled to a right of revocation.

3.2 Further particulars on the right of revocation are available in our Notice regarding revocation.

4. Prices and terms of payment

4.1 Unless otherwise stated on the website, the prices quoted are total prices that include statutory value added tax. Additional shipping costs, if any, will be specified separately.

4.2 After completing your order in the shopping cart and selecting the shipping method, you can select the following payment methods on the payment page for processing purposes: credit card (VISA, MasterCard), Paypal, immediate transfer.

If the payment service method “PayPal” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4.3 In order to complete the payment, please enter the details of the preferred means of payment after selecting it and then finalise the payment by clicking the button “Order subject to payment”.

5. Vouchers

5.1 Vouchers cannot be purchased, but are issued in the form of voucher codes exclusively within the scope of advertising campaigns. The voucher codes contain information about the validity and value of the voucher as well as the relevant validity period. After one-time use or expiration of the validity period, the voucher will expire.

5.2 For administrative reasons, it is not possible to refund any residual values of the vouchers. If the value of a voucher is not sufficiently high for the order placed, the remaining amount can be compensated using the payment options offered. No cash value payments will be made for voucher codes.

5.3 Voucher codes can only be redeemed before the order process has been completed. Subsequent netting or set-off is not possible.

5.4 Only one voucher code can be used for each purchase. The combination of several voucher codes is not possible.

5.5 Values of the voucher codes will not be refunded if goods are returned in whole or in part.

5.6 Lost or misappropriated voucher codes will not be replaced.

5.7 Individual products may be excluded from payment using voucher codes.

The sale of the voucher codes is prohibited on principle.

6. Delivery and shipping conditions

6.1 As soon as the goods have been shipped, you will receive a notification by e-mail. This notification will include a tracking number along with your invoice and delivery note.

6.2 Delivery of goods is made by shipping to the delivery address specified by the customer, except as otherwise agreed. When processing the transaction, the delivery address specified in the order is decisive. Please note that delivery is effected exclusively within Germany. Delivery within Germany takes place within 2 – 5 business days, unless some other deadline is specified on the product page.

6.3 If the transport company returns the shipped goods to the Seller because delivery was not possible at the delivery address provided by the Customer, the latter shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer effectively exercises its right of revocation, if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had given the Customer reasonable prior notice of such service.

6.4 For an order of goods with a merchandise value < 20.- euros, shipping costs of 3.95 euros will be charged.

7. Reservation of ownership

If we engage in advance performance, we shall retain title to the delivered goods until the purchase price owed has been paid in full.

8. Warranty

A statutory right of liability for defects is applicable. The warranty is governed by the relevant statutory provisions.

9. Liability

9.1 Claims for damages due to breach of duty and tort as well as claims for reimbursement of futile expenses are excluded both against OTG and against its vicarious agents.

9.2 This limitation of liability shall not apply if the damage was caused intentionally or by gross negligence, as well as in the event of a breach of material contractual obligations, i.e., such contractual obligations the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner may regularly rely on, and the breach of which on the other hand jeopardizes the achievement of the contractual purpose. It shall not apply to damages arising from injury to life, limb or health if OTG is responsible for such breach of duty. Moreover, the limitation shall not apply to damages based on the absence of a warranted characteristic or for which liability is provided for under the Product Liability Act.

9.3 In the event of a claim for damages for the slightly negligent breach of material contractual obligations and in cases of grossly negligent breach of ancillary contractual obligations, liability shall be limited to the foreseeable damage typical for the contract in question. This shall not apply in cases of personal injury (injury to life, limb and health), damage based on the absence of a warranted characteristic or for which liability is provided for under the Product Liability Act.

10. Data protection

10.1 The data controller pursuant to Art. 4 Abs. 7 EU Data Protection Regulation (GDPR) for the processing of personal data is:

Ostfriesische Tee Gesellschaft GmbH & Co. KG, Bosteler Feld 6, 21218 Seevetal, Germany

Tel.: +49-(0)4105 504-0

Facsimile: +49 (0) 4105 624-0

E-Mail: info@milford.de

10.2 Personal data is all information that you provide on our website and that allows a conclusion to be drawn regarding your identity (e.g., name, address, e-mail address).

10.3 We process the data provided by you when ordering goods on the website exclusively for the purpose of providing the services requested by you (legal basis is Art. 6 (1) sentence 1letter b GDPR). The data collected will be erased when its processing is no longer necessary for the purposes of fulfilling the contractual obligation, it is no longer required for the enforcement of existing rights and claims and no legal retention obligations prevent erasure of the data in question.

10.4 You have the following rights in relation to us regarding your personal data:

• Right of information,

• Right to rectification,

• Right to erasure,

• Right to restriction of processing,

• Right to object to processing,

• Right to data transmission.

To exercise these rights, please contact the office mentioned in No. 9.1.

You are also entitled to complain to a data protection supervisory authority about our processing of your personal data.

10.5 An erasure of the data specified in the order cannot be requested if the processing of such data is still necessary for the purpose of fulfilling the contractual obligations, is required for the enforcement of existing rights and claims or if statutory retention obligations prevent any erasure.

10.6 In supplementation, our general data protection provisions, available at https://www.milford.de/datenschutzerklaerung, shall be applicable.

11. Final provisions, dispute resolution procedure

11.1 The contract shall be governed exclusively by German law. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. If the Customer is a consumer (cf. No. 1.3), the mandatory consumer protection provisions applicable in the state in which the Customer has its habitual residence shall also apply, provided that they offer the Customer more extensive protection.

11.2 If the Customer is a merchant, a legal entity under public law or a public-sector special fund, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be Hamburg, Germany. This shall also apply in cases in which the registered office or the usual place of residence of the Customer is relocated from the area of application of the Code of Civil Procedure after conclusion of the contract or is unknown at the time when legal action is brought.

11.3 Should one or more provisions of these GTCs be or become invalid, both the contract and the Terms and Conditions shall remain valid in all other respects. The Customer and OTG undertake to replace the relevant provision with a wording that corresponds in business terms to the purpose of the contract.

11.4 Link to the OS platform pursuant to Art.14 (1) of Regulation EU No. 524/2013: http://ec.europa.eu/consumers/odr/.

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