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GENERAL TERMS & CONDITIONS (T&Cs)

for online orders from https://shop.monsieur-cuisine.com/

The following T&Cs include legal information about your rights in accordance with the provisions for distance contracts and electronic transactions.

1. Scope

The following general terms & conditions in the respective version at the time of ordering apply exclusively to all business relationships between HOYER Handel GmbH [hereinafter referred to as “HOYER” or “the Supplier”] and the customer for transactions through https://shop.monsieur-cuisine.com/. Contradictory, deviating or supplementary general terms & conditions of the customer shall not form part of the contract unless HOYER expressly agrees to their validity.

The product range in the above online shop is exclusively aimed at adult consumers. A consumer as defined by law is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.

2. Contract partner

The purchase contract is concluded with:

HOYER Handel GmbH
Tasköprüstraße 3
22761 Hamburg

Mail: shop@monsieur-cuisine.com
Tel: 00800 555 00 888

UST.-ID-Nr.: DE 813326245

For queries and complaints you can contact our customer service line Mondays to Fridays from 8am to 5pm by telephone on 00800 555 00 888 or by email at shop@monsieur-cuisine.com

3. Offer and conclusion of contract

  1. The product illustration in the https://shop.monsieur-cuisine.com/ constitutes an invitation to order, not a legally binding offer. Errors excepted.
  2. By clicking on the [buy] button you are submitting a binding order for the products listed on the order page. You can correct incorrect entries at any time before submitting the order. The purchase contract is concluded when we accept your order by sending an email order confirmation after receipt of your order. Acceptance can take place within three days of receipt of the offer.
  3. Ordering through our online shop involves several steps. In the first step you choose the desired product and place it in your shopping basket. You now have the opportunity to choose additional products or to see an overview of the items in your shopping basket by clicking on the “shopping basket” button. From this overview you can proceed to the next order step using the “checkout” button. Here you can either purchase directly via PayPal PLUS or in the next step you can enter your full billing address and, if applicable, a different delivery address. In the next step you can choose your payment method. In the penultimate step you can check all details (e.g. name, address, payment method, items ordered) once more and correct them if necessary, before submitting your order to us by clicking on “buy”.

  4. Products are sold only in standard household quantities. We cannot accept orders from customers under the age of 18.
  5. The contract is concluded in German.
  6. We will save the contract text and send you the order details and our T&Cs by email. You can also view the version of the T&Cs valid at the time of your order at any time here https://shop.monsieur-cuisine.com/. For security reasons your order details are no longer accessible online.

4. Cancellation policy

Consumers are entitled to revocation in accordance with the following provisions:

1. Cancellation right

You have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you, or a third party nominated by you who is not the carrier, take(s) possession of the products or, if several products which the customer has ordered as a single order are delivered separately, the day on which you, or a third party nominated by you who is not the carrier, take(s) possession of the final product.
To exercise your cancellation right you must inform us

HOYER Handel GmbH
FAO
teknihall Elektronik GmbH
Breitefeld 15
D-64839 Münster

E-Mail: service-gb@hoyerhandel.com
Tel: 00800 555 00 888
Fax: +49 (0) 6071 3902 25

in a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the cancellation form template below for this, but you do not have to. To comply with the cancellation period it is sufficient if you notify us of your decision to exercise your cancellation right before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract we must refund all payments that we have received from you, including delivery charges (with the exception of additional costs incurred due to you choosing a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days of the day on which we receive notification of your decision to cancel this contract.  Payments will be refunded using the same payment method that you used for the original transaction, unless an alternative method has been expressly agreed with you. You will not under any circumstances incur fees as a result of this refund. We may refuse a refund until we have received the returned products or until you have provided evidence that you have returned the products, whichever is the earlier.

You must return the products to us promptly and at the latest within fourteen days of the day on which notify us of your decision to cancel this contract. This period will be deemed to have been complied with if you send the products before the end of the fourteen day period. We will cover the costs of returning the products if you use the returns label included with the delivery. Otherwise you are responsible for the direct costs of returning the products yourself.

You will only be liable for any loss in value of the products if this loss in value can be attributed to handling of the products by you that is not necessary in order to check the nature, features and function of the products.

2. We hereby inform you about the cancellation form template in accordance with the provisions of the statutory regulations as follows. However it does not have to be used.

Cancellation form template

3. Exclusions

The cancellation right does not exist for contracts

  • for the supply of products which are not prefabricated and which require individual selection or determination by the consumer or which are clearly tailored to the personal requirements of the consumer;
  • for the supply of products that can spoil quickly or that have a short expiry date;

The cancellation right expires early for contracts

  • for the supply of sealed products which are not suitable for return due to reasons of health or hygiene if their seal is removed after delivery;
  • for the supply of products if these are inseparably mixed with other products due to their nature after delivery;
  • for the supply of audio and video recordings or computer software in sealed packaging if the seal has been removed after delivery.

 

5. Delivery, availability of products, essential product features

  1. The essential product features are specified in the respective product description on the homepage.
  2. Unless otherwise agreed, products will be delivered to the delivery address specified by you.
  3. If applicable we will inform you of the delivery period during the order process and in the shipping confirmation. Unless you are informed otherwise, the delivery period for standard delivery is approx. 2 to 3 working days from receipt of payment.
  4. If we are unable to comply with a binding delivery period for reasons outside our control (lack of availability of the product, e.g. due to force majeure), we will inform the customer promptly and, if applicable, specify the new expected delivery period. If the new delivery period is not acceptable for the customer or the product is no longer available or is not available within the new delivery period either, both contract parties are entitled to withdraw from the contract with regard to the affected product; in this case any payments already made will be promptly refunded. The statutory rights of the contract parties remain unaffected.

6. Prices and delivery costs

All prices are in EURO and include the statutory VAT. Depending on the product that you choose, delivery costs may be payable. We will expressly inform you of these before you place the product in the shopping basket. The prices at the time of ordering always apply.

7. Payment

  1. You can pay for the ordered goods using the following payment methods:
    • PayPal (including PayPal Express)
    • Credit card (Mastercard and Visa)
    • Direct debit

  2. You will only be entitled to compensation if your counterclaims are undisputed, are established in court as legally valid or have been acknowledged in writing by HOYER.

8. Title retention

The product remains the property of the supplier until full payment has been made.

9. Data protection

Information about data protection can be found under “Data protection” at https://shop.monsieur-cuisine.com/. Transportschäden

If delivered products have clearly been damaged in transit please make a complaint to the carrier immediately and contact us as soon as possible ( free of charge on 00800 555 00 888)

Failure to make a complaint or contact us does not affect your statutory warranty rights. However by doing so you will help enable us to assert our own claims against the freight carrier or transport insurance company.

11. Warranty

  1. For contracts relating to the supply of products you are entitled to rights and claims in accordance with the statutory warranty rights.

  2. We will not be liable for any defects that are caused by improper handling of the products or alteration of the products in a manner not approved by HOYER.

12. Liability

  1. We will be liable for wilful intent and gross negligence. Furthermore we will be liable for negligent infringement of obligations, the performance of which is necessary for proper execution of the contract, the infringement of which jeopardises the achievement of the purpose of the contract and the compliance with which you as a customer generally rely on. However in the case of the latter we will only be liable for damages that are foreseeable and typical for this type of contract. We will not be liable for slightly negligent infringement of obligations other than those specified in the above clauses. The above liability exclusions do not apply for injury to life, limb or health.

  2. Data communication via the internet cannot be guaranteed to be fault-free and/or available at all times in accordance with the current state of the art. To this extent we will not be liable for the permanent or uninterrupted availability of our online shop.

  3. The above limitations of liability also apply on behalf of our legal representatives and vicarious agents.

  4. Liability in accordance with the product liability law remains unaffected.

 13. Copyright

Please be aware that all texts, graphics and photos on our website are protected by copyright. Infringements of copyright will lead to prosecution.

14. Applicable law

German law shall apply to all contracts between us and our customers to the exclusion of UN sales law. In addition, the mandatory regulations of the law of the country in which you are ordinarily resident shall also apply.

15. Anbieter der Onlineshops

The online shop available at the domain https://shop.monsieur-cuisine.com/ is operated by:

HOYER Handel GmbH
Tasköprüstraße 3
22761 Hamburg

E-Mail: shop@monsieur-cuisine.com
Tel: 00800 555 00 888

 

16. Complaints

The EU commission provides a platform for extra-judicial dispute resolution. This gives consumers the opportunity to settle disputes relating to their online order without recourse to a court. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/.