General Terms and Conditions of EthicLine GmbH
1. Scope
For all deliveries of EthicLine GmbH (hereinafter referred to as EthicLine) to consumers (§ 13 BGB) these General Terms and Conditions (AGB) apply. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity.
2. Contracting party
The purchase contract is concluded with the:
EthicLine GmbH
Berliner Straße 52e
D-38104 Braunschweig
Registergericht: Braunschweig
Registernummer: HRB 210016
Our customer service is available for questions, complaints and objections on weekdays from 9:00 a.m. to 6:00 p.m. by e-mail at info@happyfoiegras.com.
3. Offer and closing of contract
3.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to order. Errors excepted.
3.2 By clicking the order button in the last step of the ordering process, you place a binding order for the goods contained in the shopping cart. If you place an order with EthicLine, we will send you an e-mail confirming receipt of your order and listing its details (order confirmation). This order confirmation does not represent an acceptance of your offer, but only informs you that we have received your order. The order confirmation also contains our General Terms and Conditions, which you can view at any time.
A sales contract is only concluded when we send the ordered product to you and confirm the dispatch to you with a second e-mail (order confirmation). Products from one and the same order that are not listed in the order confirmation do not constitute a sales contract.
4. Withdrawal instruction
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods. In order to exercise your right of revocation, you must
inform you by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
EthicLine GmbH
Berliner Straße 52e
D-38104 Braunschweig
E-Mail info@happyfoiegras.com
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
For products in the Happy Foie Gras product group, we will bear the direct costs of the return shipment.
You only have to pay for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Exceptions
The right of revocation does not apply to the following contracts
- the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
- for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery,
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts,
- the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control.
5. Prices and shipping costs
5.1 The prices stated on the product pages include the statutory value added tax and other price components.
5.2 In addition to the prices stated, we charge for the delivery. The prices for the delivery are calculated at checkout based on basket value and destination.
Delivery shall be free of shipping costs from reasonable basket values. The reasonable values are shown at the top of every page.
The shipping costs will be clearly stated on the checkout page.
6. Delivery
6.1 The delivery takes place with different parcel services. Exceptions are islands, Kleinwalsertal, port and measurement delivery. For these destinations please enquire about shipping costs at info@happyfoiegras.com.
7. Payment
7.1 Payment may be made either by credit card, Shopify Payments or PayPal.
7.2 You shall only be entitled to a right of set-off if your counterclaims have been legally established by a court of law or are undisputed or have been acknowledged by us in writing.
7.3 You can only exercise a right of retention if the claims result from the same contractual relationship.
8. Retention of title
The goods remain our property until full payment has been made.
9. Granting of rights, customer reviews
If the user decides to write a customer review, he grants EthicLine an unlimited and exclusive license to use the customer review for any purpose online or offline. EthicLine will endeavour to always name the author as the author (unless the author has indicated that he/she wishes to remain anonymous), but reserves the right to shorten or omit this statement. EthicLine reserves the right not to display a review on the Site, or to display it for a limited period of time, and to shorten or modify it. In addition, the review guidelines apply. Customer reviews reflect customer opinions only. The content does not necessarily reflect EthicLine's opinion.
10. Liability for defects
If there is a defect in the purchased item, the customer may demand subsequent performance (removal of the defect or replacement delivery). If the supplementary performance fails, the customer may withdraw from the contract, reduce the purchase price or claim damages if the defect is not insignificant. The assignment of these claims of the customer is excluded.
Unless otherwise stated below, further claims of the customer - for whatever legal reasons - are excluded. EthicLine is therefore not liable for damages that have not occurred to the delivery item itself; in particular, EthicLine is not liable for lost profit or other financial losses of the customer. Insofar as the liability of EthicLine is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if personal injury has occurred. Furthermore, it shall not apply if the customer asserts claims under §§ 1, 4 of the Product Liability Act.
If EthicLine negligently violates an essential contractual obligation, the liability for damages to property is limited to the typically occurring damage.
If the supplementary performance takes place in the form of a replacement delivery, the customer is obliged to return the goods delivered first to EthicLine within 30 days. If EthicLine does not receive the goods within this period, EthicLine is entitled to demand replacement for the goods delivered first and to debit this from the means of payment designated for payment.
The limitation period is twenty-four months from the date of delivery.
11. Collection, processing and use of personal information of our customers
The information we receive from you helps us to personalise and continually improve your shopping experience at EthicLine. We use this information for the processing of orders, the delivery of goods and the provision of services as well as the processing of payments (in the case of purchase on account also for necessary checks). If necessary, we will also pass on your telephone and / or electronic availability to our delivery agents.
We also use your information to communicate with you about orders, products, services and marketing offers as well as to update our records and maintain your customer accounts with us and to display content such as wish lists or customer reviews and to recommend products or services that may be of interest to you.
We also use your information to improve our department store and our platform, to prevent or detect misuse of our website or to enable third parties to carry out technical, logistical or other services on our behalf.
Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders, registration for the e-mail notification service, the transmission of an online review by EthicLine can be found in the data protection declaration.
12. Applicable law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Contract text
The contract text is stored on our internal systems. You can view the general terms and conditions on this page at any time. The order data and the general terms and conditions will be sent to you by e-mail.
