Terms of service
Contract Terms and Conditions in the Framework of Online Purchase Contracts
The following terms and conditions apply for purchase contracts which are entered into remotely, particularly via the hitschies Onlineshop, between hitschler International GmbH & Co. KG (An der Hasenkaule 10, 50354 Hürth, represented by managing director Philip Hitschler-Becker, registered in the Commercial Register of the Local Court of Cologne under HRB 62009, VAT ID nr.: DE210888928) and the customer:
§ 1 Area of application, definitions
(1) Exclusively the following general terms and conditions in the version which is valid at the time of the order apply for the business relationship between hitschler as the online seller (hereinafter referred to as “hitschler”) and the customer (hereinafter referred to as the “Customer”). If the Customer has deviating general terms and conditions, these are not and will not be recognised unless hitschler expressly gives its written consent to their application.
(2) These GTC are directed exclusively to customers who are consumers. By placing an order, the Customer declares that it is a consumer.
(3) The Customer is a consumer insofar as the purchase of the deliveries and services ordered cannot be attributed overwhelmingly to its commercial or independent professional activity. In contrast, a businessperson is a natural person who or a legal entity or a partnership with legal capacity which acts in exercise of its commercial or independent professional activity when entering into the contract.
§ 2 Entry into contract
(1) The presentation and promotion of articles in the hitschies Onlineshop does not constitute a binding offer to enter into a purchase contract.
(2) The Customer can choose from the range of hitschler products, particularly confectionery, and place them into a so-called shopping cart by clicking on the button labelled “into shopping cart”. By clicking on the button labelled “Order and Pay”, it is possible for the Customer to place a binding order to purchase the product chosen by it. Before placing the order, the Customer can modify and view the data at any time. However, the order can only be placed and transmitted if the Customer accepts these Terms & Conditions by clicking on the button labelled “accept GTC”, thereby including them in its order.
(3) Thereupon, hitschler sends the Customer an automated order confirmation by email, which sets out the Customer's order once more and which the Customer can print out using the "print” function. The automated order confirmation simultaneously constitutes declaration of acceptance by hitschler. In that email, the contract text (consisting of order, GTC and order confirmation) is sent to the Customer by hitschler (contract confirmation) on a permanent data carrier (email or paper printout). The contract text is saved in compliance with data protection. The order can then no longer be changed or cancelled.
(4) If a voucher is ordered, it is the transmission of the voucher by email which constitutes the declaration of acceptance, rather than the order confirmation.
(5) The contract is entered into in the German language or in the English language.
§ 3 Delivery, availability of goods
(1) Delivery periods quoted by us are calculated from the time of the order confirmation to the Customer. If no or no deviating delivery period is quoted for the respective goods, it is a maximum of 7 working days.
(2) Orders are only permitted in normal household quantities. In the event that this restriction is disregarded, hitschler hereby reserves the right to cancel the order. In such case, the goods will not be shipped, but the purchase price paid will be refunded.
(3) If at the time of the Customer’s order none of the product selected by it are available, then hitschler will inform the Customer of this in the order confirmation without undue delay.
(4) The following delivery restrictions exist: hitschler delivers only to customer who have their usual place of residence (invoice address) in one of the following countries and are able to give a delivery address in one of these countries: Germany, Austria.Furthermore, hitschler does not deliver to packing stations.
§ 4 Purchase and redemption of vouchers
(1) In hitschies Onlineshop, vouchers can be purchased and redeemed to purchase goods. However, they cannot be used to purchase more vouchers.
(2) Vouchers are transferable and hitschler can effect performance with discharging effect to the respective holder. This does not apply if hitschler has knowledge or with gross negligence fails to have knowledge of the respective holder’s non-entitlement, legal incapacity or lack of representation authority.
(3) Vouchers can be redeemed until the end of the third year after the year of voucher purchase. More than one voucher can be used per order.
(4) If the voucher amount is not sufficient to cover the order value, the difference can be paid using the payment options offered.
(5) If the Customer rescinds orders which have been paid in whole or in part using vouchers, the portion accruing to the voucher will not be paid out, but rather the voucher will be topped up in the corresponding amount.
§ 5 Retention of title
Until payment is made in full, the goods delivered remain hitschler’s property.
§ 6 Prices and shipping costs
(1) All prices which are quoted in hitschies Onlineshop or in other online advertisements (e.g. via social media) include the respectively-applicable statutory VAT.
(2) The corresponding shipping costs are quoted to the Customer in connection with placing its order and are to be borne by the Customer insofar as the Customer does not make use of its rescission right.
(3) In the event of delivery within Germany and a goods order value of EUR 49, or in the event of delivery to Austria and a goods order value of EUR 99, delivery is free of charge. If the Customer partially releases itself from an order (for example through partial rescission or partial contestation) and if thereby the respective goods order value falls below the applicable threshold pursuant to the first sentence of § 6.3 hereof, the Customer must reimburse hitschler for the shipping costs for the portion of the order which remains with the Customer. The following are the shipping costs if the order value is below the free-shipping threshold:
• Germany: EUR 5.99
• Austria: EUR 19.99.
(4) The goods are sent by mail. The shipping risk is borne by hitschler if the Customer is a consumer.
(5) In the event of rescission, the Customer is obliged to bear the direct costs of returning the goods.
§ 7 Payment methods
(1) The Customer can make payment using PayPal, Klarna, mobile Wallets or by credit card. The respective provider’s terms & conditions apply. Before clicking on the link labelled “pay now”, the Customer can choose between these payment options.
(2) Payment of the purchase price is due directly upon entry into the respective contract. If dueness of the payment is determined in accordance with the calendar, the Customer is already in default through failure to meet the deadline. In such case, the Customer is obliged to pay hitschler default interest for the year in the amount of 5 percentage points above the basic interest rate.
(3) The Customer’s obligation to pay default interest does not exclude the assertion of compensation claims for further default losses by hitschler.
(4) When paying using a voucher, the value is deducted from the voucher when the order is completed. No cash will be paid out from a voucher or its balance.
§ 8 Quality-defects warranty, guarantee
(1) hitschler is liable for quality defects pursuant to the statutory provisions applicable thereto, particularly § 434 ff of the German Civil Code (BGB).
(2) There is an additional guarantee in connection with goods supplied by hitschler only if this has been given to the Customer expressly, e.g. in an email confirmation regarding the respective article.
§ 9 Liability
(1) Compensation claims by the Customer are excluded. This does not include compensation claims for the Customer which arise out of loss of life, personal injury, damage to health or out of breach of fundamental contract obligations (cardinal obligations) as well as liability for other damage and loss which is due to an intentional or grossly negligent breach of duty by hitschler or its legal representatives or vicarious agents. Fundamental contract obligations are those whose fulfilment is necessary in order to achieve the aim of the contract.
(2) In the event of the breach of fundamental contract obligations, hitschler is liable only for the contract-typical, foreseeable damage and loss if this was caused due to simple negligence, unless the Customer has compensation claims which arise out of loss of life, personal injury or damage to health.
(3) The limitations imposed in § 9.1 and § 9.2 hereof also apply in favour of hitschler’s legal representatives and vicarious agents if claims are made directly against them.
(4) The limitations of liability arising from § 9.1 and § 9.2 above do not apply insofar as hitschler has maliciously concealed the defect or has given a guarantee regarding the quality of the item. The same applies insofar as hitschler and the Customer have entered into an agreement concerning the quality of the item. The provisions of the German Product Liability Act remain unaffected.
§ 10 Rescission information
(1) When entering into a remote sales transaction, as a matter of principle consumers have a statutory rescission right, about which hitschler hereby provides the following information in accordance with the statutory template. (2) hereof contains a template rescission form.
You have the right to rescind this contract within fourteen days, without giving reasons.
The rescission period is fourteen days from the date on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your rescission right, you must inform us (hitschler GmbH & Co.KG, An der Hasenkaule 10, 50354 Hürth, Tel. +49 (0) 221 – 460160, email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by mail or an email) about your decision to rescind this contract. You can use the attached template rescission form for this purpose, but this is not mandatory.
In order to comply with the rescission period, it is sufficient for you to send the notification about the exercise of the rescission right before the expiry of the rescission period.
Consequences of the rescission
If you rescind this contract, we are obliged to refund to you all of the payments which we have received from you, including the delivery costs (with the exception of the additional costs which arise due to you having chosen a type of delivery other than the standard, cost-effective delivery offered by us), without undue delay and at the latest within fourteen days from the date on which the notification of your rescission of this contract is received by us. If you rescind the contract only partially and if the order value thereby falls below the free-shipping threshold of EUR 49 (Germany) or EUR 99 (Austria), the shipping costs are to be paid by you subsequently.
For this refund, we use the same payment means which you used for the original transaction, unless something different has been expressly agreed upon with you. In no event will you be charged fees due to this refund. We can refuse to effect the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs earlier.
You are obliged to send the goods back to us or to hand them over to us without undue delay and definitely by no later than within fourteen days from the date on which you inform us about the rescission of this contract. The period is deemed to have been complied with if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if that value loss is attributable to a handling of them which is not necessary to check the quality, properties and functioning of the goods.
(2) hitschler hereby provides the following information pursuant to the statutory regulation with regard to the template rescission form:
Template rescission form
(If you want to rescind the contract, then please fill out this form and send it.)
- To hitschler GmbH & Co. KG, An der Hasenkaule 10, 50354 Hürth, email: email@example.com
- I/We (*) hereby rescind the contract entered into by me/us (*) concerning the purchase of the following goods.
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature by the consumer(s) (only when communicating rescission on paper)
(*) Delete whatever is inapplicable
§ 11 Final provisions
(1) Contracts between hitschler and the Customer are exclusively governed by the law of the Federal Republic of Germany, and the application of the UN Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded. The statutory provisions regarding the limitation of the choice of law and regarding the applicability of mandatory provisions, particularly of the state in which the Customer has its usual place of residence as consumer, remain unaffected.
(2) The rest of the contract shall remain binding even if individual points are legally invalid. The statutory provisions, insofar as these exist, shall replace the invalid points. Insofar as this would constitute an unreasonable hardship for one contract party, however, the contract will become invalid as a whole.
(3) Information pursuant to § 36 of the German Consumer Dispute Resolution Act (VSBG): hitschler will not take part in dispute resolution proceedings at a consumer conciliation board in the sense of the VSBG, and is also not obliged to do so.