Terms of service

GTC - General Terms and Conditions in the context of purchase contracts via the platform https://happyfoie.com/

between

EthicLine GmbH
Berliner Straße 52e
38104 Braunschweig

Register Court: District Court Braunschweig
Registration number: HRB 210016

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

(hereinafter referred to as "Provider")

and

the customer specified in § 2 of the contract

(hereinafter referred to as "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 referred to as "Homepage"). These General Terms and Conditions ("GTC") apply to all contracts concluded between the provider and the customer via the Homepage. Only the following GTC in their version valid at the time of the order shall apply to the business relationship between the provider and the customer. Deviating general terms and conditions of the customer will not be 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 self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership who acts in the course of their commercial or self-employed professional activity when concluding the contract.

 

§2 Conclusion of contract

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

(2) The customer can select products from the provider's range (especially food items such as Happy Foie, wines, and jams as well as gourmet packages) and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking the button "place order with payment obligation", he submits a binding request 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 request can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the button "accept terms and conditions" and thereby includes them in his request.

(3) Instead of adding a product to the 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 expedited checkout, the customer must have created a "Shop Pay" account or "ApplePay" account with the provider Shopify or Apple. In this account, the customer's payment and address details are already stored and will be inserted into the order. Pressing the button constitutes a binding offer.

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

(5) The conclusion of the contract takes place in German.

 

§3 Delivery, Product Availability

(1) The specified delivery times are calculated from the time of order confirmation, provided that the purchase price has been paid in advance. If no delivery time or a different 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 following day. Shipping takes place exclusively from Monday to Thursday. Delivery is expected to arrive at the customer by 6 p.m. the following day. The details of the delivery as well as the delivery costs can be found in the attached "Shipping Information" – which is 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 take precedence.

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

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this without delay in the order confirmation.

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

(5) As far as a delivery time is agreed upon during the ordering process or subsequently with the shipping service provider, the customer is obliged to ensure the receipt of the goods either personally or through an authorized adult. If no one is available to receive the goods during the agreed delivery period, the customer shall bear the increased delivery costs resulting from 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) As long as no name tag or the name is clearly visible at the delivery address, a delivery cannot take place; in this case, the provider is not liable for any resulting damages.

(7) Delivery is only made by parcel service within the European Union (exception: currently, delivery to France is not available!). Excluded are islands, Kleinwalsertal, port, and trade fair deliveries. For these destinations, please inquire about shipping costs at info@happyfoie.com.

 

§4 Retention of Title

Until full payment is made, the delivered goods remain the property of the provider.

 

§5 Prices and Shipping Costs

(1) All prices stated on the provider's website include the applicable statutory sales tax.

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

(3) In the event of a cancellation, the customer must bear the direct costs of the return.


§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. and Cie, S.C.A. (when paying with PayPal)
    22-24 Royal Boulevard
    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 J.F. Kennedy Avenue,
    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 in accordance with the following provisions:

a) Credit card

By placing the order, the customer simultaneously transmits the credit card details to the provider. After the customer is verified as the legitimate cardholder, the provider immediately requests the credit card company to initiate the payment transaction following the order. The payment transaction is automatically processed 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. In order to pay the invoice amount via PayPal, the customer must be registered there or must first register, authenticate with their access 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 by PayPal immediately afterwards.

c) Comfort by Clara

"After placing the order, the customer will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, the customer must have an online banking account activated for participation in Sofort with a PIN/TAN procedure, must authenticate accordingly, and confirm the payment instruction to the provider. Further instructions will be provided. The payment transaction will be carried out immediately afterwards by Sofort, and the customer's account will be debited."

d) Amazon Pay

In the ordering process, the customer is redirected to the website of the online provider Amazon before completing the order process in the online shop of the provider. To process the order and pay the invoice amount through Amazon, the customer must be registered there or must first register and authenticate with their access data. There, the customer can select the delivery address and payment method stored at Amazon, confirm the use of the data by Amazon, and authorize the payment to the provider. Subsequently, the customer is redirected back to the online shop of the provider, where the customer can complete the order process. Immediately after the order, the provider Amazon initiates the payment transaction. The payment transaction is automatically carried out by Amazon.

e) Purchase on account via Klarna

In collaboration with Klarna AB, the provider offers the customer the invoice purchase as a payment option. The payment option "Klarna Invoice" is exclusively 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 settle the invoice within a payment period of 14 days. In this case, the invoice recipient 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 assignments, or debt collections by Klarna AB. The complete terms and conditions for invoice purchases 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 their user account at any time.

(4) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date for 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 of 5 percentage points above the base interest rate for the year.

(5) The customer's obligation to pay default interest does not exclude the provider's assertion of 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 may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.

 

§7 Warranty for Defects and Liability

(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) If the subsequent performance is carried out by way of a replacement delivery, the customer is obliged to return the originally delivered goods to the provider within 30 days. If the goods do not arrive at the provider within this period, the provider is entitled to demand compensation for the originally delivered goods. In this case, the provider will deduct the amount from the payment method specified for payment.

(3). Customer claims for damages are excluded. Excluded from this are customer claims for damages arising from injury to life, body, health, or from the violation of essential contractual obligations (cardinal duties) as well as liability for other damages that are based on intentional or grossly negligent breaches 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 typical, foreseeable damages if these were caused by simple negligence, unless it concerns the customer's claims for damages arising from injury to life, body, or health.

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

(6) The liability limitations arising from paragraphs 3 and 4 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

§8 Right of Withdrawal Information

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

Right of withdrawal

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving any reasons.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. To exercise your right of withdrawal, you must inform us - EthicLine GmbH, Berliner Straße 52e, 38104 Braunschweig, Germany, Email info@happyfoie.com - of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You may use the attached sample withdrawal form for this purpose, but it is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

CONSEQUENCES OF REVOCATION

If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

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 of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

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 the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

(2) EXCEPTIONS

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

  • for the delivery of goods that are not pre-fabricated and for whose production a specific choice or determination by the consumer is significant or that are clearly tailored to the personal needs of the consumer,
  • for the delivery of goods that can quickly spoil or whose expiration date would be quickly exceeded,
  • 'for the delivery of sealed goods that 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 conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market that are beyond the entrepreneur's control.

Due to this exception rule, all products in the product group "Happy Foie" are specifically excluded from the right of withdrawal, as they can spoil quickly or their expiration date would be exceeded rapidly. 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: food that is microbiologically perishable in a short time and whose marketability can only be maintained by adhering to certain temperatures or other conditions." This definition is relevant in this context and can be used to determine the rapid perishability in the sense of the mentioned exclusion of the right of withdrawal. Accordingly, especially fresh food is quickly perishable because it is microbiologically susceptible. This includes particularly fruits, vegetables, meat, eggs, fresh milk, and dairy products. Furthermore, processed products such as cheese, meat products, deli salads, and ready meals, especially if they are perishable goods, can generally be considered as quickly perishable. The products of the product group "Happy Foie" fall under this product category and the legal definition.

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

SAMPLE CANCELLATION FORM

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

  • An [insert the name, address, and if applicable, the fax number and email address of the entrepreneur by the entrepreneur]:
  • I/We hereby 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 paper notification)
  • Date

(*) Cross out what is incorrect.

 

§9 Granting of Rights, Customer Reviews

If the user decides to write a customer review, they grant the provider a temporally and geographically unlimited and exclusive license for further use of the customer review for any purposes online as well as offline. The provider will make an effort to always name the author as the writer (unless the writer has indicated a desire 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 to display it only for a limited time on the website, as well as to shorten it. Customer reviews solely reflect the opinions of the customers. The content does not necessarily align with the views of the provider.

 

§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 when there is a legal basis for data protection. The details regarding data processing before, during, and after the termination of the contractual relationship can be found in the privacy policy of the provider.

 

§11 Applicable Law

"The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the laws on the international sale of goods ("UN Sales Law"). The statutory provisions regarding the limitation of choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall 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 business premises of the provider 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 location of the provider, namely Braunschweig.

 

§14 Severability Clause

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall not be affected.

(2) The effectiveness of the other provisions shall not be affected in any other respect, insofar as there should be a gap in the regulation in the contract concluded between the parties.

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

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