General Terms and Conditions of Sale
Please read the General Terms and Conditions of Sale (hereinafter: these Terms) before placing an order or purchasing a product. You agree to these Terms when you give your electronic consent, place an order, or purchase a product in the Glückslädchen.
1. Definitions
The terms used in these Terms have the following meanings:
"HANS IM GLÜCK", "we" or "us" means Hans im Glück Franchise GmbH, Weihenstephaner Straße 6, 81673 Munich, +49 89 125094 400, registered in the Commercial Register of the Munich District Court under HRB 200046, represented by Johannes Bühler, Jens Hallbauer, VAT identification number: DE 284939765.
"Customer" or "you" means a user who places an order on our website.
"Consumer" means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
"Contract" means any contract between you and Hans im Glück for the purchase of products in accordance with these Terms.
"Delivery" means the transfer of possession of one or more products.
"Force Majeure" means an unforeseeable, insurmountable, and external event that prevents Hans im Glück from fulfilling its obligations under these Terms. This includes in particular strikes, floods and fire disasters, lockouts, pandemics, hurricanes, and earthquakes.
"Parties" means you and Hans im Glück collectively; "Party" refers to either one of the two.
"Products" or "Goods" means products or goods offered on the website.
"Website" means the HANS IM GLÜCK website accessible at: https://shop.hansimglueck-burgergrill.de
2. Scope of Application
The contractual relationship between Hans im Glück and you is governed exclusively by the following Terms in the version valid at the time of the order. Any deviating or supplementary terms and conditions on your part will not be recognised unless we expressly agree to their applicability.
3. Conclusion of Contract
3.1 The product range presented on our website does not constitute a legally binding offer, but rather an invitation to conclude a purchase contract. You may select products from our range and collect them in a so-called shopping cart using the "Add to cart" button. By clicking the "Order with obligation to pay" button, you submit a legally binding order for the purchase of the products in your shopping cart.
3.2 Before submitting your order, you can change and review your details at any time. The order can only be placed and submitted if you accept these Terms and Conditions by ticking the box "I have read and acknowledged the privacy policy and the General Terms and Conditions and agree to them."
3.3 Immediately after your order, we will send you an automatic order acknowledgement by email, which lists your order once again. You can print this using the "Print" function. The automatic acknowledgement merely documents that your order has been received by us. It does not constitute acceptance of your offer.
3.4 A contract between you and HANS IM GLÜCK is only concluded when we accept your order by means of a separate email (order confirmation) or when the goods are dispatched. In this order confirmation, or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, these Terms, and the order confirmation) on a durable medium (email).
4. Shopping as a Guest / Customer Account
4.1 You may order the products displayed on our website either as a guest or as a registered and logged-in customer.
4.2 If you wish to order as a guest, please use the "Do not create a customer account" button. In this case, only the data strictly necessary for processing your order will be requested. Further details can be found in our Privacy Policy.
4.3 If you wish to order as a registered customer, prior registration is required. After providing all the data required for registration, you must agree to our Privacy Policy and consent to the processing of your data. Once you have registered or logged in as a customer, you can continue your order as usual. For future orders, your data required for order processing will already be saved, so you will not need to enter it again.
4.4 Regardless of whether you order as a guest or as a registered customer, you confirm that all information provided during the order or registration process on our website (e.g. name, address, email address, credit card details, bank details, etc.) is accurate and truthful. Any changes must be communicated to us without delay.
5. Prices and Shipping Costs
5.1 All prices stated on our website include the applicable statutory VAT but exclude shipping costs. The total amount of your order, comprising the product price, shipping costs, and VAT, will be displayed to you before you finalise your order.
5.2 Shipping costs are stated in the order form and are to be borne by you, unless you exercise your right of withdrawal.
5.3 Goods are shipped by postal delivery. We bear the shipping risk until the goods are delivered.
5.4 In the event of a withdrawal, you shall bear the direct costs of returning the goods.
5.5 In the event of delivery abroad (i.e. to countries other than Germany), any import duties for customs, import VAT, or excise duties shall be borne entirely by you.
6. Glückskarte (Gift Card)
6.1 The Glückskarte is a transferable prepaid card from HANS IM GLÜCK that can be used for payment in our restaurants. It can be redeemed in full or in partial amounts until the card balance reaches zero. The remaining balance can be checked at any Hans im Glück restaurant. A cash payout of the (remaining) balance is not possible. The balance does not accrue interest.
6.2 The value of our Glückskarten is limited to €50. The minimum value of the Glückskarte is €20. You can select the amount to be loaded onto the Glückskarte using the corresponding button.
6.3 The Glückskarte is valid for 36 months from the end of the calendar year in which the card was loaded. After this period, the Glückskarte can no longer be used for payment.
6.4 Blocking of the card is not possible. Subject to the provisions of Section 10, Hans im Glück accepts no liability — in particular not for loss, theft, damage, or unauthorised use of the card.
6.5 The issuer of the Glückskarte is Hans im Glück Foodie Call GmbH.
7. Delivery and Product Availability
7.1 Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (excluding purchase on account). Unless a different delivery time is stated on our website for the respective goods, the standard delivery time is 3–4 business days. The delivery time for Glückskarten is approximately 5–6 business days.
7.2 If the product specified in your order is unavailable, we will notify you immediately. If the product is permanently unavailable, we will not issue an order confirmation. In this case, no contract is concluded.
7.3 Subject to the provisions of Sections 7.5 and 14, delivery of each product is deemed to have been completed on the day on which the product is delivered:
7.3.1 to the address specified by you, or
7.3.2 physically to you or a third party designated by you (other than the carrier).
7.4 The risk of loss or damage to the product passes to you at the moment the product is physically taken into possession by you or a third party designated by you (other than the carrier).
7.5 Products subject to youth protection laws will only be delivered to adult customers. Delivery of such products to persons under the age of 18 or to any person other than the customer will not be made. Should delivery fail due to an unsuccessful age verification at the time of delivery, you shall bear the costs of returning the order.
8. Retention of Title
The delivered goods remain the property of HANS IM GLÜCK until full payment has been received.
9. Payment Terms
9.1 You can currently make payment by credit card, debit card, or via PayPal.
9.2 You may change the payment method stored in your customer account at any time.
9.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you will be in default simply by missing this date. In this case, you shall pay us default interest at a rate of 5 percentage points above the base interest rate per year. We reserve the right to claim higher damages.
10. Defect Rights
10.1 If the goods purchased and delivered via our website are defective, the statutory provisions shall apply in principle. Accordingly, you may primarily demand subsequent performance — i.e. at your choice, replacement delivery or rectification of the defect. If the further statutory requirements are met, you are entitled to reduce the purchase price or withdraw from the contract. For claims for damages, the provisions set out in Section 10 apply in addition to the statutory regulations.
10.2 The limitation period for defect rights in respect of delivered goods is two years from receipt of the goods. Claims for defects that we have fraudulently concealed are subject to the standard statutory limitation period.
10.3 Rights in respect of defects also arise under a guarantee. However, a guarantee only applies to our goods if we have expressly provided one in the order confirmation for the respective item.
11. Liability
HANS IM GLÜCK is liable within the scope of a contract concluded with you only in accordance with the following:
11.1 We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations whose fulfilment is essential to the proper performance of the contract, whose breach jeopardises the achievement of the contractual purpose, and on whose compliance you as a customer may regularly rely. In the latter case, however, our liability is limited to the foreseeable damage typical of the contract. We are not liable for the negligent breach of obligations other than those referred to in the preceding sentences.
11.2 The limitations set out in Section 11.1 also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
11.3 The above limitations of liability do not apply in cases of injury to life, body, or health. Liability under the Product Liability Act remains unaffected.
12. Right of Withdrawal
Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, about which we inform you below.
12.1 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took physical possession of the goods.
To exercise your right of withdrawal, you must inform us — Hans im Glück Franchise GmbH, Karlstr. 10, 80333 Munich, +49 89 125094 400, info@hansimglueck-franchise.de — by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form (Annex I) for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
12.2 Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
12.3 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if their seal has been removed after delivery.
13. Minors
13.1 If you are under 18 years of age, you may only place orders on our website with the consent of a parent or legal guardian.
14. Youth Protection
Products subject to youth protection laws (in particular wine) will only be delivered to persons who have reached the age of 18. Proof of legal age must be provided upon delivery by presenting an official photo ID. Delivery of ordered goods to persons under the age of 18 will not be made. Should delivery fail due to an unsuccessful age verification at the time of delivery, you shall bear the costs of returning the order.
15. Data Protection
The protection of our customers' privacy is of the utmost importance to Hans im Glück. Information on the collection, storage, and use of your personal data, as well as your rights under Chapter III of the General Data Protection Regulation (Regulation 2016/679), can be found in our Privacy Policy.
16. Force Majeure
In cases of force majeure, neither party shall be liable to the other, and the affected party shall be released from its obligation to perform the contract for the duration of the force majeure event. Performance shall resume without delay once the force majeure event ceases. Subject to the provisions of Section 11, Hans im Glück shall not be liable for damages caused solely by a force majeure event.
17. Final Provisions
17.1 The language of the contract is German.
17.2 Contracts between HANS IM GLÜCK and you are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent that mandatory statutory consumer protection provisions in the customer's country of residence contain more favourable rules for the customer, those rules shall apply regardless of the choice of German law.