The following General Terms and Conditions (GTC) apply to all orders via our online shop from consumers and businesses.
For Germany: A consumer within the meaning of § 13 BGB (German Civil Code) is defined as any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
For Austria: Within these terms, “consumer” refers to the “customer” according to the Austrian Consumer Protection Act (KSchG).
For entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they will only become part of the contract if we expressly agree to them.
Contracting Parties, Conclusion of Contract, Correction Possibilities
The contract is concluded with MassaFood, Anas Othman.
By placing the products in our online shop, we make a binding offer to conclude a contract for these items. You have the option to add our products to the shopping cart without obligation and to correct your details before submitting your binding order at any time by using the correction aids provided during the ordering process. The contract is concluded by clicking the order button and thereby accepting the offer for the goods contained in the shopping cart. Immediately after sending your order, you will receive a confirmation by email.
Contract Language and Storage of the Contract Text
The contract language(s) available for the conclusion of the contract: German
We store the contract text and send you the order data and our GTC in writing. The contract text is no longer accessible online for security reasons.
Delivery Terms
In addition to the specified product prices, shipping costs may apply. Further information on any shipping costs can be found in the offers.
Normally, orders are shipped within 2-3 working days, unless otherwise stated or you have received a message about a delivery delay. On the day of shipment, you will receive an email notification with the tracking code from the shipping service provider. Delivery usually takes place on one of the two following working days between 8:00 a.m. and 6:00 p.m. by the mail carrier or parcel deliverer of DHL or other shipping service providers. Please ensure that your order can be accepted during this time or that the delivery person receives instructions on where to leave packages.
Agreements on Non-Delivery
If the recipient is not at home at the time of delivery, we reserve the right for the delivery service to deposit the package in a post office or parcel station for collection by the recipient. The maximum storage period is 7 days. Redelivery is not usually provided for.
If packages cannot be delivered due to incorrect or incomplete address information or other reasons not within our or the carrier’s responsibility, the costs for return and redelivery are borne by the purchaser. The costs for return and redelivery are €10 per package within Germany and €35 within the EU.
Climate Exceptional Situations / Delivery to Parcel Stations
In case of extreme outdoor temperatures exceeding 25°C, we reserve the right to withhold orders and, if necessary, arrange a new delivery date with you.
We also deliver to parcel stations. Especially in summer and with existing deposit agreements with DHL/Post, we ask our customers to consider the risk of overheating of food after delivery by the delivery company commissioned by us (DHL, UPS, or others), as we cannot assume responsibility for this.
Payment
In our shop, the following payment methods are generally available:
PayPal
To pay the invoice amount via PayPal, you must be registered with PayPal, verify your identity, and confirm the payment instruction. Payment is made immediately by PayPal after placing the order.
Credit Card
During the ordering process, you provide your credit card details. Your card will be charged immediately after placing the order.
Right of Withdrawal
Consumers have the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
Retention of Title
The goods remain our property until full payment has been made.
For entrepreneurs, in addition: We reserve the right of ownership of the goods until all claims from the business relationship have been settled in full. You may resell the goods in the ordinary course of business; you assign the claims arising from this in the amount of the invoice to us, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations. Upon your request, we will release securities to the extent that the value of the securities exceeds the outstanding claims by more than 10%.
Transport Damage
For consumers: If goods are delivered with obvious transport damage, please complain to the deliverer about these faults as soon as possible and contact us immediately. Omitting a complaint or contact has no effect on your legal claims, especially your warranty rights. However, you assist us in asserting our own claims against the carrier or the transport insurance.
For entrepreneurs: The risk of accidental loss or deterioration passes to you as soon as we hand over the goods to the carrier, freight forwarder, or another person or institution designated to carry out the shipment.
Warranty and Guarantees
Warranty Rights
For consumers: The statutory warranty rights apply.
For entrepreneurs and merchants:
For consumers: The statutory warranty rights apply.
For entrepreneurs and merchants: Unless expressly agreed otherwise, the statutory warranty rights also apply. The following limitations and shortening of deadlines do not apply to claims due to damages caused by us, our legal representatives, or vicarious agents:
in case of injury to life, body, or health,
in case of intentional or grossly negligent breach of duty as well as malice,
in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations),
within the framework of a guarantee, if agreed, or
to the extent that the scope of the Product Liability Act applies.
Limitations for Entrepreneurs
For entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract are considered an agreement on the quality of the goods. We assume no liability for public statements by the manufacturer or other advertising statements. The limitation period for warranty claims is one year from the transfer of risk for newly manufactured items, except for items that have been used according to their usual purpose for a building and have caused its defectiveness. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the recourse claim under § 445a BGB remain unaffected.
Regulations for Merchants
Among merchants, the obligation to inspect and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification as regulated there, the goods are considered approved, unless it concerns a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Guarantees and Customer Service
For any additional guarantees and their precise conditions, please refer to the product descriptions and special information pages in our online shop.
Our customer service is available on weekdays from 9:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 4:00 p.m. by phone at (0) 202 2953 5498 and via email at info@massafood.de for questions, complaints, and objections.
Liability
We assume unlimited liability for claims arising from damages caused by us, our legal representatives,
Liability
We assume unlimited liability for claims arising from damages caused by us, our legal representatives, or agents, especially in the following cases:
in case of injury to life, body, or health,
in case of intentional or grossly negligent breach of duty,
in case of warranty promises, if agreed upon, or
to the extent that 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 and on whose compliance the contractual partner may regularly rely (cardinal obligations), our liability for slight negligence, our legal representatives, or agents is limited to the foreseeable damage typical of such breaches of duty. Any further claims for damages are excluded.
Code of Conduct
We adhere to the following code of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
Agreement on the Use of Trusted Shops Buyer Protection
You have the option to insure your orders with us for free up to a value of 100 euros through the buyer protection of Trusted Shops AG. Additionally, Trusted Shops offers a paid insurance in cooperation with a guarantee provider. You can find the conditions for Trusted Shops buyer protection here. To activate the buyer protection, please click on the corresponding button of the Trustcard, which will appear as a pop-up on the order confirmation page after completing your order. If you are already registered for buyer protection, your order will be automatically secured (automatic buyer protection) without the need to click the button. For the provision of (automatic) buyer protection, the Trustcard needs access to order data stored in your browser cache. For this purpose, a hash value of your email address as well as the order number and order amount are transmitted to Trusted Shops. If you are not yet registered for buyer protection, you can register as described above via the Trustcard. Information on data protection at Trusted Shops can be found in the linked buyer protection conditions.
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.
Final Provisions
If you are a business, German law applies, excluding the UN Sales Convention.
GTC created with the Trusted Shops legal text generator.
