Terms of service

T&Cs - General Terms and Conditions within the framework of purchase contracts via the platform https://happyfoie.com/

between

EthicLine GmbH
Sack 17
38100 Braunschweig

E-Mail: info@happyfoie.com
Website: happyfoie.com
Phone: +49 531 21364991

(hereinafter “Provider”)

and

the customer designated in § 2 of the contract

(hereinafter “Customer”)

§1 Scope, definitions

(1) The provider is the owner of the brand “Happy Foie” and operates a webshop on the internet platform https://happyfoie.com/ (hereinafter: “Homepage”). These General Terms and Conditions (“T&Cs”) apply to all contracts concluded via the Homepage between the provider and the customer. For the business relationship between provider and customer, exclusively the following T&Cs in their version valid at the time of the order apply. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding the contract.

§2 Conclusion of contract

(1) The presentation of products in the online shop on the provider's homepage does not constitute a legally binding offer, but an invitation to order to an indefinite group of persons.

(2) The customer can select products from the provider's range (in particular foodstuffs, such as Happy Foie, wines and jams as well as gourmet packages) and collect them in a so-called shopping cart via the button „add to cart“. By clicking the button "order with obligation to pay" they submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the button „accept T&Cs“ and thereby includes them in their offer.

(3) Instead of adding a product to the shopping cart, the customer can also order the product as part of an "Express Checkout" by clicking on a button "buy with Shop Pay or “buy with ApplePay”. For this type of accelerated checkout, the customer must have created a "Shop Pay" account or "ApplePay" account with the provider Shopify or Apple. The customer's payment and address data are already stored in this account and are inserted into the order. Pressing the button constitutes the submission of a binding offer.

(4) The provider then sends the customer an automatic receipt confirmation by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The order confirmation again includes the Terms and Conditions, which the customer can view, save locally, or print out. The automatic receipt confirmation only documents that the customer's order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded by the submission of the acceptance declaration by the provider, which is sent by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail (e.g., shipping confirmation), but at the latest upon delivery of the goods, the contract text (consisting of order, Terms and Conditions, and order confirmation) will be sent to the customer by us on a durable medium (e.g., as an e-mail or paper printout) (contract confirmation). The contract text is stored in compliance with data protection.

(5) The contract conclusion takes place in German.

§3 Delivery, product availability

(1) The specified delivery times are calculated from the time of order confirmation, provided the purchase price has been paid in advance. If no or no deviating delivery time is specified for the respective goods in the online shop, the goods will be shipped by the provider on the same day if the order is received and confirmed by 11 a.m. Orders received and confirmed after 11 a.m. will be shipped the next day. Shipping takes place exclusively from Monday to Thursday. Delivery is expected to arrive at the customer by 6 p.m. the next day. The details of the delivery as well as the delivery costs can be found in the attached "Shipping Information" – which are expressly part of these Terms and Conditions. In the event of a conflict between the shipping information and the Terms and Conditions, the provisions in the Terms and Conditions shall prevail.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from making an acceptance declaration. In this case, no contract is concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation.

(4) The shipment of goods is usually and where possible carried out by DPD Express as refrigerated food shipping. The provider bears the shipping risk if the customer is a consumer. The goods are properly packaged according to our choice and the requirements for maintaining the cold chain for the planned shipping duration.

(5) If a delivery time is agreed upon during the ordering process or subsequently with the shipping service provider, the customer is obliged to ensure receipt of the goods either personally or by an authorized adult. If no one is available to receive the goods during the agreed delivery period, the customer must bear the increased delivery costs caused by the unsuccessful delivery; in this case, the provider is only liable for compliance with the legally prescribed maximum temperatures up to the first delivery attempt at the agreed delivery time.

(6) If no nameplate or the name is not clearly visible at the delivery address, delivery cannot be left unattended; in this case, the provider is not liable for any resulting damages.

(7) Delivery is made by parcel service only within the European Union (exception: currently no delivery to France!). Islands, Kleinwalsertal, port, and trade fair deliveries are excluded. For these destinations, please inquire about the shipping costs at info@happyfoie.com.

§4 Retention of Title

The delivered goods remain the property of the provider until full payment has been made.

§5 Prices and Shipping Costs

(1) All prices listed on the provider's website include the applicable statutory VAT.

(2) The corresponding shipping costs are indicated to the customer on the respective product page, in the shopping cart, and on the order page and must be borne by the customer, unless the customer exercises their right of withdrawal. For deliveries within Germany with an order value of 79.00 € EUR or more, the provider delivers to the customer free of shipping costs. Details and prices outside Germany can be found in the shipping information attached as an annex.

(3) In the event of a withdrawal, the customer must bear the immediate costs of the return shipment.

§6 Payment terms

(1) The customer has the choice between the following payment methods:

Credit card, debit card
Klarna / SOFORT
Shopify Payments (Shop Pay)
ApplePay
Paypal

Specifically, these are the following payment service providers:

Shopify International Limited (when paying with credit card or Shop Pay)
Victoria Buildings, 2nd Floor
1-2 Haddington Road
Dublin 4, D04 XN32, Ireland
E-mail: hilfe@shopify.de

PayPal (Europe) S.à r.l. et Cie, S.C.A. (when paying with Paypal)
22-24 Boulevard Royal
L-2449 Luxembourg
E-mail: impressum@paypal.com

Klarna Bank AB (publ) (when paying with Klarna)
Sveavägen 46
111 34 Stockholm, Sweden
E-mail: inkorg@klarna.se

Sofort GmbH (when paying with Sofortüberweisung)
Theresienhöhe 12
80339 Munich, Germany
E-mail: info@sofort.com

Amazon Payments Europe S.C.A (when paying with Amazon Payments)
38 avenue J.F. Kennedy,
L-1855 Luxembourg, Luxembourg
E-mail: impressum@amazon.de

Google Ireland Limited (when paying with Google Pay)
Gordon House, Barrow Street
Dublin 4, Ireland
E-mail: support-deutschland@google.com

(2) The payment processing is carried out according to the following explanations:

a) Credit card

By placing the order, the customer simultaneously transmits the credit card data to the provider. After the customer is authenticated as the rightful cardholder, the provider immediately requests the credit card company to initiate the payment transaction after the order. The payment transaction is automatically carried out by the credit card company and the customer's card is charged.

b) PayPal, PayPal Express

During the ordering process, the customer is redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, the customer must be registered there or first register, authenticate themselves with their login data, and confirm the payment instruction to the provider. After placing the order in the shop, the provider requests PayPal to initiate the payment transaction. The payment transaction is then automatically carried out immediately by PayPal.

c) Sofort by klarna

After placing the order, the customer is redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, the customer must have an online banking account enabled for participation in Sofort with PIN/TAN procedure, authenticate accordingly, and confirm the payment instruction to the provider. Further information is provided. The payment transaction is then carried out immediately by Sofort and the customer's account is debited.

d) Amazon Pay

During the ordering process, the customer is redirected to the website of the online provider Amazon before completing the order process in the provider's online shop. To process the order via Amazon and pay the invoice amount, the customer must be registered there or first register and authenticate with their login data. There, the customer can select the delivery address and payment method stored at Amazon, confirm the use of data by Amazon and the payment instruction to the provider. Afterwards, the customer is redirected back to the provider's online shop where the customer can complete the order process. Immediately after the order, the provider requests Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon.

e) Purchase on invoice via Klarna

In cooperation with Klarna AB, the provider offers the customer the option to pay by invoice. The payment option "Klarna Invoice" is only available to customers who make the purchase as consumers within the meaning of § 13 BGB. Payment must be made to Klarna AB. When purchasing on invoice with Klarna AB, the customer receives the goods in advance and must then settle the invoice within a payment period of 14 days. The invoice recipient in this case is Klarna AB. It is pointed out that the creditor when selecting this payment method is Klarna AB and the provider has no influence on any reminders, collection orders, or debt collection by Klarna AB. The full terms and conditions for invoice purchase can be found at: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 .

(3) The customer can change the payment method stored in his user account at any time.

(4) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he must pay the provider default interest for the year at a rate of 5 percentage points above the base interest rate.

(5) The customer's obligation to pay default interest does not exclude the provider from asserting further default damages.

(6) The customer is only entitled to a right of set-off if his counterclaims have been legally established by a court or are undisputed or have been acknowledged in writing by the provider.

(7) The customer can only exercise a right of retention insofar as the claims arise from the same contractual relationship.

§7 Warranty for Material Defects and Liability

(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.

(2) If subsequent performance is made by way of replacement delivery, the customer is obliged to return the first delivered goods to the provider within 30 days. If the goods are not received by the provider within this period, the provider is entitled to demand compensation for the first delivered goods. In this case, the provider will debit the amount from the payment method designated for payment .

(3) Claims of the customer for damages are excluded. Exceptions are claims for damages of the customer arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(4) In the event of a breach of essential contractual obligations, the provider is only liable for the typical, foreseeable damage caused by simple negligence, unless it concerns claims for damages of the customer arising from injury to life, body, or health.

(5) The restrictions of paragraphs 3 and 4 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

(6) The liability limitations resulting from paragraphs 3 and 4 do not apply insofar as the provider has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies if the provider and the customer have agreed on the condition of the item. The provisions of the Product Liability Act remain unaffected.

§8 Withdrawal Instructions

(1) Consumers have a statutory right of withdrawal when concluding a distance contract, about which the provider informs below in accordance with the statutory template. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Withdrawal Instructions

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 - EthicLine GmbH, Sack 17, 38100 Braunschweig, Germany, E-Mail info@happyfoie.com - by means of a clear statement (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.

CONSEQUENCES OF WITHDRAWAL

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

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us about the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their condition, properties, and functioning.

(2) EXCEPTIONS

The right of withdrawal does not exist in the present case for contracts

for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
for the delivery of goods which can quickly perish or whose expiration date would be quickly exceeded,
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

for the delivery of alcoholic beverages, the price of which was agreed upon at the time of contract conclusion, but which can only be delivered at the earliest 30 days after the contract conclusion and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

Due to this exception, all products of the product group "Happy Foie" are specifically excluded from revocation, as they can spoil quickly or their expiration date would be quickly exceeded. The decisive factor for food is its edibility. According to § 2 I No. 2 LMHV (Food Hygiene Regulation), it is legally defined when food is perishable. "Perishable food: a food that is microbiologically perishable in a short time and whose marketability can only be maintained by observing certain temperatures or other conditions." This definition is decisive here and can be used to determine rapid perishability within the meaning of the mentioned exclusion of the right of revocation. Accordingly, especially fresh foods are perishable because they are microbiologically susceptible. These include in particular fruit, vegetables, meat, eggs, fresh milk, and dairy products. Furthermore, processed products such as cheese, meat products, delicatessen salads, and ready meals, especially if they are goods requiring refrigeration, can generally be considered perishable. The products of the product group "Happy Foie" fall under this product group and the legal definition.

(3) The provider informs about the model revocation form according to the legal regulation as follows:

MODEL REVOCATION FORM

(If you want to revoke the contract, please fill out this form and send it back.)

To [here the name, address, and if applicable the fax number and e-mail address of the entrepreneur to be inserted by the entrepreneur]:
Hereby I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for communication on paper)

Date

(*) Strike out incorrect.

§9 Granting of Rights, Customer Reviews

If the user decides to write a customer review, they grant the provider a time- and location-unrestricted and exclusive license for further use of the customer review for any purposes online as well as offline. The provider will endeavor to always name the author as the writer (except when the author has indicated a wish to remain anonymous), but reserves the right to shorten, anonymize, or omit this information. The provider reserves the right not to display a review or only display it for a limited period on the website, as well as to shorten it. Customer reviews exclusively reflect the opinion of the customers. The content does not necessarily correspond with the provider's views.

§10 Data Protection

The provider takes the protection of the customer's personal data very seriously. The provider processes the customer's personal data only if there is a data protection legal justification. Details on data processing before, during, and after termination of the contractual relationship can be found in the privacy policy of the provider.

§11 Applicable Law

Contracts between the provider and the customers are subject to the law of the Federal Republic of Germany excluding the laws on the international sale of movable goods ("CISG"). The statutory provisions restricting the choice of law and the applicability of mandatory provisions, especially of the state in which the customer as a consumer has his habitual residence, remain unaffected.

§12 Place of Performance; Jurisdiction

(1) The place of performance for all contractual obligations arising from the contractual relationship between the parties is located at the provider's business premises in Braunschweig.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's registered office, namely Braunschweig.

§14 Severability Clause

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions.

(2) The validity of the other provisions shall not be affected, even if there should be a regulatory gap in the contract concluded between the parties.

(3) Should a provision become invalid, the parties agree that a provision shall apply in its place that corresponds to the purpose pursued by the parties with the invalid provision or the entire contract, as far as legally permissible. According to the will of the parties, for example, a regulation corresponding as closely as possible to the affected provision shall replace it if the invalidity is based on temporal specifications for performance (date, deadline) or its intended scope.

(4) This paragraph pursues the will of the parties to exclude the total invalidity of the specific contract and the GTC as a consequence of partial invalidity in any case.