Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redeeming Promotional Coupons
  10. Redeeming Gift Certificates
  11. Applicable Law
  12. Jurisdiction
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Anita Hass Hamburg GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods presented by the Seller on its online Shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of gift certificates, unless otherwise specified.

1.3 A “consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.4 An “entrepreneur” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online Shop do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online Shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the customer may also submit the offer to the seller via email, fax, the online contact form, mail, or telephone.

2.3 The seller may accept the customer’s offer within five days

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation is decisive, or
  • by delivering the ordered goods to the customer, in which case the customer’s receipt of the goods is decisive, or
  • by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The Seller will not make the text of the contract available in any other form. If the customer has created a user account on the seller’s online Shop prior to submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online Shop.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer on the seller’s online Shop.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal under which the seller advances payment to the customer (e.g., purchase on account or installment payments), the seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.

4.5 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”) The specific payment methods offered via Shopify Payments are communicated to the customer in the seller’s online Shop. To process payments, Shopify may use additional payment services, which may be subject to specific payment terms and conditions that will be separately communicated to the customer, if applicable. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.6 If a payment method offered via the “Stripe” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered through Stripe are communicated to the customer in the seller’s online Shop. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information about Stripe is available online at https://stripe.com/de.

4.7 If a payment method offered through the “Klarna” payment service is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions regarding this can be viewed here:

https://anitahass.com/pages/zahlungsarten-1

4.8 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to conduct a credit check and to decline this payment method if the credit check is negative.

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to return shipping costs.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4 If the customer is a consumer domiciled in Germany or a business entity, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.5 If the Seller offers the goods for pickup, the Customer may pick up the ordered goods during the business hours specified by the Seller at the address provided by the Seller. In this case, no shipping costs will be charged.

5.6 Gift certificates are provided to the customer as follows:

  • by download
  • by email
  • by mail

5.7 For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). MeinEinkauf AG also handles customs clearance, invoicing, and delivery within Switzerland. This service is included in the purchase price and any shipping costs that may be charged. To ensure smooth delivery to Switzerland, we inform you—for the sake of transparency—that MeinEinkauf GmbH in Konstanz, Germany (DE285677365) is also part of the supply chain. This does not result in any additional costs for the buyer.

6) Retention of Title

If the seller provides the goods in advance, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

  • the seller may choose the method of subsequent performance;
  • for new goods, the statute of limitations for claims for defects is one year from delivery of the goods;
  • for used goods, claims for defects are excluded;
  • the limitation period does not restart if a replacement delivery is made under the warranty for defects.

7.2 The limitations of liability and shortened time limits set forth above do not apply

  • to the customer’s claims for damages and reimbursement of expenses,
  • in the event that the seller fraudulently concealed the defect,
  • for goods that have been used in accordance with their customary use in a structure and have caused its defectiveness,
  • to any existing obligation on the part of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the merchant’s duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.5 If the customer is a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal basis

  • in cases of willful misconduct or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • based on a warranty promise, unless otherwise specified in this regard,
  • based on mandatory liability, such as under the Product Liability Act.

8.2 If the customer is a consumer domiciled in Germany or a business entity, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for this type of contract, unless it is liable without limitation pursuant to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely. In all other respects, the Seller’s liability is excluded, unless the Seller is liable without limitation pursuant to the preceding paragraph.

8.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Coupons

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter “Promotional Vouchers”), may only be redeemed in the Seller’s online Shop and only during the specified period.

9.2 Promotional vouchers may only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.

9.4 Promotional coupons can only be redeemed before completing the order process. Subsequent application is not possible.

9.5 Only one promotional coupon may be redeemed per order.

9.6 If the promotional coupon specifies a fixed value rather than a percentage discount, the value of the merchandise must be at least equal to the amount of the promotional coupon. The seller will not refund any remaining balance.

9.7 If the value of the promotional coupon is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

9.8 The credit balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9 The promotional gift card will not be refunded if the customer returns goods paid for in whole or in part with the promotional gift card under their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online Shop. This does not apply if the seller is aware of, or is grossly negligent in failing to recognize, the respective holder’s lack of eligibility, legal incapacity, or lack of authority to act on behalf of another.

10) Redemption of Gift Certificates

10.1 Gift certificates that can be purchased through the Seller’s online Shop (hereinafter “Gift Certificates”), may only be redeemed through the Seller’s online Shop, unless otherwise specified on the gift certificate.

10.2 Gift certificates and any remaining balance on gift certificates are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

10.3 Gift certificates can only be redeemed before the order process is completed. Subsequent application of the credit is not possible.

10.4 Gift certificates may only be used to purchase goods and not to purchase additional gift certificates.

10.5 If the value of the gift certificate is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

10.6 The balance of a gift certificate will not be paid out in cash nor will it accrue interest.

10.7 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online Shop. This does not apply if the Seller is aware of—or is grossly negligent in failing to recognize—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is located outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

13) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.