Terms of service
General Terms and Conditions (GTC)
1. Scope
The following terms and conditions apply to all orders placed through our online shop. Our online shop is exclusively directed at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with HistaFood, a brand of HistaFit GmbH, Haasemannstr. 6, 30449 Hannover.
The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. You may initially add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order is submitted. We accept your offer within two days by either sending an acceptance declaration in a separate email or, where applicable, by the payment transaction being processed by our service provider or the selected payment service provider. The timing of the payment transaction depends on the selected payment method (see "Payment"). The relevant alternative for you depends on which of the listed events occurs first.
3. Contract Language, Storage of Contract Text
The language(s) available for concluding the contract: German
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery Conditions
In addition to the stated product prices, shipping costs may apply. Details on any applicable shipping costs can be found with the offers.
We only deliver by shipping. Unfortunately, personal collection of goods is not possible.
5. Payment
The following payment methods are generally available in our shop:
Prepayment (Bank Transfer) If you select prepayment, we will provide you with our bank details in a separate email and ship the goods after receipt of payment.
PayPal To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction is processed by PayPal immediately after the order is placed. Further information is provided during the ordering process.
Amazon Pay To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction is processed within one banking business day after the order is placed. A banking business day is every working day except Saturdays, nationwide public holidays, and December 24th and 31st of each year. Further information is provided during the ordering process.
Credit Card (Shopify International Limited) Credit card payments, Address: Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
6. Retention of Title
The goods remain our property until full payment has been made.
7. Transport Damage
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, particularly your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
8. Warranty and Guarantees
8.1 Statutory Warranty The statutory warranty provisions apply.
8.2 Guarantees and Customer Service Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
Customer Service: You can reach our customer service for questions, complaints, and objections by email at info@histafood.eu and in emergencies at telephone number: +49 160 978 57 170
9. Liability
For claims arising from damages caused by us, our legal representatives, or vicarious agents, we are always liable without limitation:
- in the event of injury to life, body, or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of guarantee promises, insofar as agreed,
- or insofar as the scope of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives, or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board. The competent body is the Universal Arbitration Board of the Federal Republic of Germany at the Center for Arbitration (Zentrum für Schlichtung e.V.), Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11. Protection of Minors
If your order includes goods whose sale is subject to age restrictions, we ensure through the use of a reliable procedure involving personal identity and age verification that the customer has reached the required minimum age. The delivery person will only hand over the goods after age verification has been completed and only to the customer personally.
12. Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
HistaFit GmbH Haasemannstr. 6 30449 Hannover
Email: info@histafood.eu
I/We () hereby withdraw from 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 consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate