I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Honest Catch GmbH) via the website www.honest-catch.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After clicking the “Checkout” or “Continue to order” button (or similar name) and after entering your personal data as well as the payment and shipping conditions, the order details will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar term) you declare your legally binding acceptance of the offer, whereby the contract comes into effect.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna:
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Invoice (“Pay Later”): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice ; The conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension .The Klarna invoice terms and conditions for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice ; The conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension .
Further information about Klarna and the Klarna Terms of Use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at / .
(2) Payment via “PayPal” / “PayPal Checkout” If you select a payment method that is offered via "PayPal" / "PayPal Checkout", payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .
§ 4 Right of retention , retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services from the business relationships existing with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
§ 7 Protection of minors
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the legally required minimum age receive the goods.
(3) If we are obliged to carry out an age check due to legal regulations, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to people who have reached the legally prescribed minimum age and, in case of doubt, to obtain the identity card of the person The goods must be presented to the person receiving the goods for an age check.
(4) If we indicate in the respective item description that you must be 18 years of age to purchase the goods, going beyond the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that instead of the legally prescribed minimum age, you are of majority must.
II. Customer information
1. Identity of the seller
Honest Catch GmbH
Leopoldstrasse 171
80804 Munich
Germany
Telephone: 0892155088113
Email: shop@honest-catch.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr .
We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.
5.3. Any costs incurred for the money transfer (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button or in the respective offer.
6.2 Orders and deliveries are only possible within Germany, Austria and Switzerland. Shipping to packing stations is not possible. The delivery of goods is carried out by shipping to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
6.3 Delivery is carried out using transport packaging suitable for frozen goods and a dry ice insert within 1-2 working days on the selected desired date.
6.4 The goods are delivered to the delivery address specified by the customer. The customer must ensure that the delivery address provided by him is correct and complete and can also be delivered to office addresses without further ado. Delivery on the day of delivery takes place for shipments to Germany & Austria between 8 am and 12 noon. It is an integral part of the contract that the customer ensures the readiness for acceptance on this day personally or by authorized persons of legal age. A drop-off authorization can be issued, so that liability in the event of loss or theft is transferred to the recipient(s).
If, in the case of deliveries, acceptance is unjustifiably refused, an incorrect delivery address is given or the goods are not accepted or not delivered for other reasons for which the customer is responsible, the customer shall be obliged to bear all costs incurred.
6.5 If the customer is an entrepreneur, delivery shall be at the customer's risk. This also applies to partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer when the goods are handed over. If the customer is in default of acceptance, this shall be deemed equivalent to handover.
6.6 The goods must be inspected for completeness and transport damage immediately upon receipt by the customer or his authorized representative. Any transport damage found must be reported to us immediately. The customer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods.
6.7 The safety instructions for handling dry ice enclosed with the shipment must be observed.
7. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/ de/dienste/rechtssicherheit/agb-service .
last updated: November 29, 2022